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Madras City Muvicipal Corporatioit [I919 : T. N.Act N

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UNICIPAL CORPORATION , :
ACT, 1919.
TABLE OF CONTENTS.

PART I.
I.-PRE?L]CT~~~NARY.
CHAPTER

1 Title and extent.

2 Repeal of enactments.

RT IL-CONSTITUTION AND GQVERNMENT

OF THE CORPO.RAT~O

IT..---.THEMUNICIPAI.
CHAPTER AUTHORITIES.

' '!
I
' ,'I\ ,\j
1
, l i <. ' ,?ti'*

4 ~ ~ ~ \ ~ ol'
~ 3~L I eilot.iti~s.
~ ~ a l i o ~ ~

5 constitutio~lof coul~cil.
6 [Omitted.!
6..A Constitution of standing committees.
6-B Electioll of standing committees.
6-C Term of officeof chairman of a standing committee.
6-D Powers and duties of the standillg committees and sanction
of staff for standing, committees.
-4
6-E Additional standing coinniitlees.
I
,,.
6-F [Substituted.]
-*-- -
j

.**>*
<

i't
&> ...*<...'.
cb..~'..,----.C.-

p"
tG(
jioiler, assisrant cornmij s i ~ n e nand personal
7 CQMS
tant to the commissioner.
/

%
+;------ "
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The Commissioner.
Withdrawal of Commissioner from o;fice.
Powers of Commissioner and Asjistant Commissioners.
0 Custody of records.
1 Bxltxiordinary po\\-crs of Commissioner.

3 Salary of Commissioner, Assistallt Commissioners and

Personal Assistant to the Commissioner.

5 Service regulations of Commissioner, Assistant Commissioner

'
and Personai Assistant to the Conlmissioner.
16 Delegation of Commissioner's ordinary powers.
16-A Delegation of Colnmissioner's power to the Assi~tam,
Commissioner.
17 RCservati0n of colltrol i 11 respect of powers delegated.
18 Delegation of Commissioner',s extracrdinary powers.
[Sub-11ending on~itt
ed.]

1 Construction of referenc-ts LO stiinding committee.

gation of powers to Comm:ssioner by standing commit-.

The Council.

laid on remaining municipal authorities to

lution~or orders pf couilcil.
ual CounciUors and.
 LatestLaws.com

25-A Mayor, Deputy Mayor, Councillor not to receive

remuneration.
26 Requisitions by council or a standing committee for.
Cornmissioner's records.
27 Council's power to call for records of commi!tees,
27-A Appointment of joint committee.

28 Electiotl of Mayor and Dep~ityMayor.

29 Term of office nf Mayor and Deputy Mayor.
30 Mayor and Der ~t ty Mayor iileligible for re-election.
31 Rules and rzg~ilations for proceedings of council and
standing com~nittees.
32 Presidency of council and stancling committees.
33 Commissioner when to atte~ldmeetings.
34 Councillors and aldermen to abstain
discussion and voting on questioas in whit
pecuniarily interest~d.

36 Saving of validity of proceedings.

The Mayor.
37 Prerogative of the Mayor.
ayor to be member of all committees.
Mdyor.
The D e p u ~
Functions of Deputy Mayor.

Adinintc.frationReport.

dmioistration report to

- .--3 - --. .
 LatestLaws.com
I

I
i

I
vernmenl's power to cause inspection to
Government's power to direct the taking of actio
Government's power to appoint a person to
ion in default at expense of corpration.
r to suspend or cancel resol ution , ctc., under this ~ ~ t .

IU.-EL~~CTION OF C0uNcILL
AND APPOINTMENT

ne hundred and fil'iy divisiori.-.

,. . .
mbcj- ofcouij(-:ill!~;
s For c?ic:il. c ~ j * + 7 ~ ! ; ~ 0 t ? .
46-A Mode of electioi~.

47 j7lectori31 rolls fi.1: diyisional si:::is oiia:;. than labour $eab.

48 publication of electot'al rolls, !.k.

nisqualidcatio~lof voters.
 LatestLaws.com
ity M unicip
L

General Rules for Election and Co-opt

55 Term of o@ce of councillors.

55-A Election of elected couilcillors.
55-B Special ORicer to make arrangements
for elections.
56 Procedure on Failul~ r LI~~tiol:.
1 **k .-
A ,

:t

ig '>,

56-A Procedure in case af equality of votes.

&.,
Y

t&f2
*: -
~2
56-B [Omitted.]
g-
$2.
56-C [Omitted.]
g
4s
57 Election of same person for more than
Is
;>,
one division.
.
g2.:1 58 Notificaticn of elections and co-options. i

I 59 Power of State Governmellt to make

election rilles.

Elesfion Offelzces.
62 to 65 [Omitted.]
66 Infringement of seclecy of election. J

66-A '%mum penalty for personation at

an election.
'j
(j;;
\t
66-8 Promoting enmity between classes ir
connection with election.
66-C Prohibitio~~ of public ineetings on the
day preceding the election day and
on the election day.
66-D Disturbanccs at election meetings.
66-E Restrictiocls on the printillg of pamph-
lets, posters, etc.
I 6 & ~Officers,etc., at elections not to tot for
candidates or to influence voting.

0
-- - - _ -__
----- .

n
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fl9 :2'. N. Acl I V ] Madras Ciry Jiunicipnl Corpo

66-0 Prohibition of canvassing in or near

polling stations.
6-H Penalty for disorderly conduct in or
near polling stations.
66-1 Penalty for misconduct at he polling
station.
1
$; 66-J Penalty for iilegai niring or procuring of
* .
conveya~~ces at elections.

66-K Breaches of official duty in connectiou

wit'h election.
.4:
+
.
, 66-L Removal of ballot papers from polling
stat-ionto be an offence,
66-M Other offencesand penalties therefor.
&' '

9%..
a
66-N Prosecution regarding certain election
3%':
a.
k a- offences.
,+.

- .,
*"
67 to 70 [Omitted.]
, 71 Order of disqualification.
Requisitioning of property for election purposes.
Requisitioning of premises, vehicles, etc.,
for election purposes.

71-c power to obtain information.

l - Powers
~ of entry into and inspection of
premises, etc.
7 1-E Eviction from requisitioned premises.
7 1-F Release of premises from requisition.
.-
1-G Delegation of functions of the. .State
Government withregard to requisi
ing.
7143 Penalty for contravention of any order
of requisitioning.
> 3
 LatestLaws.com
U

14 Madras City Mi;~zic!j~al i o t t 1 T.N. Act

C ~ ~ j ~ ~ i ~ l[I919 I

CHAPTFR
IV.-- ~ E N E L I A LPOWERS a:-' IVJUNIC'IPAL AUTHO&ITI
,LS 'L',, I P UYJ-.WTY, ( ' c i ~ t r \ l ncr~l:~,
c E~~~.Ax~L~sNM~;~T
!':*opejarv .
SECTIONS.
72
73 ~ ? ~ ! % ~ , i ~ ,J<,27d"
i' k;*
. I * & % , i{>pcfty
- + ? q

11, * ~3~ -*

74 Accjiir~ili~);~ prop~;iL: i intt41'ests

thelei nr ,
75 Dispos:ii i ' property ;i lid interests
.
therei~~
76 Procedure licqtrisiti~llut' i m a ~ vable
o
prop~rtyilrri!cl t h e Lanil Acq ulsiiion
Act, 189.;.
76-A Objects not llrovided f,jc by tilis Act,

C:o~tracfs,
77 powel' oc coili~cilto detei-miile whetlles
works shnil be cxii.~tieJ hy contract,
78 power of sc.uclal nutlloiilies to sanction
estimat cs,
W ~ r k costing
s more than two iakhs of
rupees.
80 General prc vkicns regard in:: contracis.
81 Modt. ot' mi:iciiis contract?.
82 InJ7itiztiori o tihders.
.- . .
83 S;l-vil-ig31 C:) ~ < ~ ' ~ g: {: i.,,,
::4,&:i i~~t
54 S L C U ~ ~&);'
? ~ ,\ -/ ~ : ' : . r ~ : n ~ i i,* ! . c : . t l ~ ; ; ~ ~ ~ b

85 C ~ I - ~ , I 1,I ' :.L ~?.~~l ~ i I i ~ i : ; . t '

,,
$6 Col?ulliO!~>.,,: ~ V ~ Ci rG: ,'.,I i : t ) ~ > i l ; ~ : ~
$L

ekl*q~
k-;-L:,
,kt ,;j7,:,::j

$7 i t i f,ich i7:;c;lilc,/
\i ~ ~ p ; . j ~
r ~ t ~ b Ki
l b LiL i i ' L s Up.
/
 LatestLaws.com

Act IV]

Contracts-corct.

88 Leave, pensionary and leave contributions

of celatainofficers.
p:" -
p 89 Power of State Goveinnleilt to a n ~ o i n t
special th officers.
.-. - .. -.
EsG~LA>- *i S;D&.ti ~ 2 ; .

91 Commission~r controls coiy tion - - Q

establishment.
92 Power to grant leave to establishment.
--, 93 [Omitted.]
94 [Repealed.]
95 [Repealed.]
96 ~rovincialisationof anj class of officers
or servants under the corporation.
97 Power of State Governmellt to transfer
officers and servants of the corporation
or mux~icipalities.
PART111.-TAXATION AND FINANCE.
V.-TAXATION.
CHAPTER
Eirunreration of ?'QA es.

98 E n v n ~ r a t i o no f taxes and dutees.

. Powers ~ntrolof Sta

Tlre Property Tllx. "2".

\-A.
i
,
99 Descril~tiouand class of property tax.
#..

., ,?:<

00 Metholdof assessment of property tax.

1 General exea.ptions.

argc on property
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104 Pror er iy tax when payable.

105 Vacancy remission.
106 Obligation of transferor and transferee
to give notice of transfer.
107 Owner's obligation to give ~ioticeof
L'OJISI I . L L C ~ ~ O01.
J ~ I - C U O I I S ~ ~ L I C ~ ~OOr I ~
dernolitioa of building.
,
108 Remission o f 'tax it1 areas illcluded or
exclilded in the middle of a half-year.
108-A Power of co~~lmissiollerto condone
omission to give not ice.
109 Cormnissioner's power to call for
information and to enter upon prenlises.

110 Taxation of companies trading for sixty

days in hal'year on their capital.

11 1 Tax on pl*ofessions,arts, callings, business

alld appointments.
1 12 Liability of member of firm or undivided
family for professioll tax.

Provisions common to Companies' and Profession Tax, 1

113 Payment when due and notice to pay.

1 13-A Statements, returns, etc., to be confidentiql.
114 Requisition on owner or occupier to
furnish list of persons liable to tax.
! i i Requisition on einployers or their repre-
sentatives to furnish list of perso
liable to tax.
 LatestLaws.com

'IONS.
116 General provisions regarding tax. on
carriages and 'animals.
Liability to tax according to period for
which carriage or animal has bacn kept.
Exemptions.
Composition.
$ ; $

Requisition on occupier :o furnish state- $55;

I *

meat of persons liable to tax. a

.:? "

120-A Forms to be sent to and returned by tax

payers.
121 Grant of licence on payment of tax.
122 Power to require numbers to be affixed to
carriages.
123 Obligatio11 of Commissioner of Police
to satisfy himself o f payment of munici-
pal tax on hackney carriage before
registering it.

3 nx on Carts.

124 General provisions regarding cart-tax

125 Exemptioc~s.
126 Power to remit tax on cart kept for less
than fifteen days or not used.

Power to seize Carriages and Carts not bearing numbers

127 Seizure of vehicles not Fearing numbers.
128 Procedure after seizure.
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dras City Munic@al .Co~poration 11919 :T.N.'

Tax on Advertisenzcnts.

129-A Tax on adverf isements,

I 1;

129-B Prohibition of advertisements without P

writter, permission of commissioner.

I 129-C Permission of the com~~~issioner b
become void in certain cases.
129-D Owner or person in occr~pationto be
, deemed responsible.

129-E Removal of ~lnauthorizedadvert i scmcn$g.

Duty on ?).unLfers of Property.

135 Method of assessment of duty on trans-
fers of property.
Provisions applicableIon the: introduction
of transfer duty.
137 Power to make rules regarding assessment
and coilection of transfer duty.

Genera2 Pro visions.

137-A Power to exempt from taxes.
137-B 2-lver to assess in case of escape from
assessment.
138 Rules in Schedule IV,
7 --
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(.'Il~P"'lJ11v I-,-- INAN AN(:^^.

I

T2e Municipal Fund.

B 139 Definition of munici~affiinJ,

140 Audit of accounts.
141 Financial t*ules.
141-A Contdhutions to exper.diture by other
,

local autrlur i~im,

Loans,
142 Polves of corporation to borrow money.
143 Time for repayment
- - - of money borrowed
under section 142,
144 Limit of borrowing powers.
145 Form and effect of debenf~res.
146 Payment to survivors of joint payees. - L3
:-"-;.I
147 Receipt by joint fielder for interest or ;igj
i.
dz?r
dividend.

149 Application of sinklng tunc! .

150 Annual statement by trustees.
151 Power of corporation to consolidate loans.
-

2 Priority of payments for interest and

repayment of loans over other pay-
me~ats.
153 Attachment of municipal fund fc
recovery of money borrowed from
t2nverl
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$8 Madj.ns City Mlinicipl Cory)omtio?l ii919: T.N. Aot I

Budget .

154 Estimdes of expenditure and income

to be prepared annually by the
commi;isioner,
Consideration of the budget estbllate by
the colit~cil.
Procedure of co ~1ncJ1.
I
i
Obligation to pass the budget before the
fifteenth day of March ol'thc year.
Failuie of ths council to pass the budget
before the due date.
Council nlay pass supplemental budget.
[Omitted.]
Reduct .on or transfer of budget grants.
Readjustment of income and expenditure
to be made by the corporation during
the course of the official year whenever
n.ccessa1.y.

PART IV.-PUBLIC HEALTH, SAFETY AND

CONVENlENCE.
V1T.-WATER-SUPPLY,LIGHTINGAND DRAIAINAGB.
CHAPTER
Public Wa:er-strppZy.,
Vesting of works in corporatio~~,.
Constructi~nof water-works.
Provjsion of gr*atuitoussupply of drinking
water.
Trespass G n water-snpply premises.
Prohibition of building over water-mains.
-,.----. , - .
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.--*-- - - - _.
Mad=ty Municipa
Private Water-supply.

68 Control over house~co~~exions.

169 Private water-supply for domestic con-
suml~tion and use and powers of
Cominissioner to enforce provision of
water-supply.

R
Private Wutel-supply for non-donwstic purpo,redy.
170 Commissioner's power to supply water
for non-domestic purposes ai -Ites
fixed standing committee.
Supply i~zspecirrl cases.
171 Supply to local authorities.
Cost of rtlnking the connesiorz, etc.
171-A Cost of making house connexion alld of
meter.
C Lt t i~~ l go f f Water-sapply .
I

172 Power to cut off water-supply.

173 Non-liability of Corporation when supply
reduced or not made in certain cases.
Lighting.
174 Provision for lighting public street, etc.
P~lblicDrainage.
175 Vesting of drains ill corporation.
176 Maintenance of system cf drainztge by the

Private Drainage.

Connexion of house-drains with public -,

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179 Comnrissit.nei.'s power to drain premises

it1 comb.ina.tion.
180 Comrnissioll.er's power to close or limit
the use of existing private drains.
181 Building, etc., not to be erected without
per~nission,over drains.
182 Construction of culverts by owner or

183 Maintenance of troughs and pipes for

catching water.

Public Lafri~tes.

184 Provisfon of public latrines.

185 Licensing of public latrines.

Privcite Latrines.

186 Provision of latrines by owner or occupier.

187 Provision of latrines and ~ii:inals for

188 Provisio~lof Latrines and ~lriualsfor

markets, cart-stands and cattlestands.
189 Latrines to be screened from view.

Gencral Powers .
190 Power to carry wire, pipes, drains,etc.,
through private property subject to
causing as little inconvenience as
possible and paying for direct damage.
91 Prohibition against making confiexion
without per;nission.
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- . a ~ -
_I-\
- ._
.-
,' Act'
;,
w
*+a $3,y
4-

;,* $4
!:?.: $>;#
Power to require railway level, etc., to be . +; $z i
raised or lowered.
A,.-

, , &-**$@
..,.&-
3 ""

Powers of Corporation in respect of works

outside the citv.

Provision for removal of rubbish and

fift k,
Public notice ordering deposit of rubbish
and filth by occupier. '
Removal of rubbish an&filth accumulating
in lar@ quantities on premises.
Contract with owner or occupier for
remokal of rubbish and filth.
Provision for daily cleansing of streets
and removal of rubbish and filth.
Rights of property of Corporation in
things deposited in receptsclzs.
Directions as to removal of rubbish
and filth.
Maintenance of establishment for
removal of rubbish and filth.
(I) Prohibition against accunlulation of
rubbish or filth on premises.
(2) Prohibition against irregular method,$
' of depositing rubbish or filth.
..
(3) Prohibition of improper disposal of carcasses,
~ ~ b b i and
s l ~ filth.
I
 LatestLaws.com

(4) Prohibition against keeping rubbish

or filth for more than twenty-four
hours, or in unauthorized place or
manner.
( 5 ) Prohibition against allowing sewage
to flow in streets.
202-A Contributions from persons having
control over places of pilgrimage, etc.

CHAP-~ER IX.-STRL'ETS.
Ptrhlic Streets.
, 203 Vesting of public streets and thsir
appurtenances in Corporation.
204 Maintenance alld repair of st ruets. i
205 Powers of aL1tl.oritiesin regal-u to i t reets.
206 Power to dispose of permanel~tlyclosed
streets.
207 Acquisitioll of land and buildings for
improvement of streets.
208 Power to piescribe building 1ille and street
a1ignmnent .
209 Restrictionsonerestionof, oradditionto,
buildings within sweet alignment or
building line .
210 Setting back projecting buildings or walls.
211 Setting forward ljcildings to improve line
of street.
212 Projected streets.
213 Temporary clcsure of streets.
214 Protection of appurtenances and materials
of streets.
114-A Po\~~er of the Corporation to rwovm
expenses c.aitsed by extraordinary
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-"a -
Mndra~ Munic@aZ Corporation
Prit'aie Streets.

215 (hmer's obligation to make a street when I

disposing of land as building sites.

2j(i M a k i ~ q n w prisate cr.=-=;s.
a7 A h ~ a t b nfi: d2,r,~Iirim~ij t i * ~made
r in
breach of section 216.
218 Power of commissioner to order work
to be carried out or to carry it out
himself in default.
219 ~ i g tci
t or:r.e:.* +n require strvets to be
declared public.
Encroachmehts on Streets.
220 Prohibi1:ion against obstructions in streets.
221 Prohibition and regulation of doors,
ground-floor windows and bars open-
ing outwards.
222 Removal of encroachments.
223 Power to allow certain projections and
erect!ons.
223-A Power of council to set up hoardings and
levy fees.
224 Precautions during repair of streets.
225 'prohibition against removal of bars and
lights.
226 Making holes and causing 01 ~structibn.
227 Licence for work on buildiugs likely to J
cause obstruction.
Naming Streets and Numbering Buildings,
228 Namhlg or numberfng of public st-.
. 229 umbering of buildings.
125-13 -3
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City &kiflrnicipalCorporation [
CHAPTER
X.- BUILDINGREGULATIONS.

SECTIONS,
Gc~rleralPowers.
Building rules.
Power of' corporation to regulate future
constructior? of certain classes of
buildings ill particular streets or
localities.
Buildings at corner of streets.
7

Prohibition against use of inflammable

materials for buildings, etc., without
permission.
Buildings other than huts.
Application to construct or reconstruct
bu;lding.
Necessity for pi-ior approval of the site.
Prohibition against commencement of
work without permission.
Period within which commissioner is to
signify approval or disapproval.
Period within which commissioner is to
grant or refuse to grant permission to
execute work.
Reference to standing committee if
commissionrr delays grnnt or refusal
of approval or permission.
Grounds on wllich approval of sits for,
or permission to construct or recons-
truct building, may be refused.
Special powers for suspending perm~ssion
to construct buildngs.
Lapse of perniissiol~if +*,: lcted upon
within one year.
Inspection i.y c.ommissiones.

>.
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Power of commissioner to impose peualty

in the case of unauthorized construc-
tions or alterations.
Stoppage of work endangering human life.

&A Demolition of buildings.

Gpplication of certain sectiolls to wells.

Prohibition against commenczment of

work without permission.
Period within which c~mrnissioneris to
&rantor refuse to grant pernlission to
execute the work,
Reference to standing committee if
co~~missioner delays grant or refusal,
I
Grounds on which permission to
construct or reconstruct hut may be

Lapse of permission if not acted upon

within six months.

External wtdls, alterations and additions.

 LatestLaws.com

36 Madras City Municipal Couporation

Powers oj ~orrrrniss~one~.

Demolition or alteration of building or

well-work unlawfully coinmenced,
carried on or con~pleted.
256-A Power of coinmissioller to direct removal
of persons d i r ~ t i i l gor carrying on cJ

i
cosstruction of buildings, etc.
E.~e~~qptinlzs.
257 Exemptions*

X-A.-CHERIS OR HUTTINGGROUNDS.
CHAPTER
Prelitp~inary.
2570~ Power of standing committee to define
and alter limits of cheris or hutting
grounds.
I w r o velnent of cherb w hutting grounds.
I

I Power of commissioner to require owner

of cheri or hutting ground to carry out
c e tain
~ improvements.
Power of commissioner to require prepa-
ration of standard plan by owner of
cheri or hutting grouud.
257-~ Preparation of staildard plan by c o m i s -
sioner where owners diisagree, etc.
Suspension of building pending prepara-
tion of standard plan.
P!~ollibition of building contrary
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- ---.,..A-
.- ".
ct Iv'] Mudras City Municipal Corpo

Power of commissioner to require carrying

out of other improvements in confor-
mity with standard plan.
Inspection report and preparation of
standard p r ~ n by registered medical---
practitioner and engineer, in cases
requiring expedition.

F-.
@".
@$<.
kd?& +
I.
,
>
'.

'
257-J Approval by standing committee of stan-
dard plan and Schedules annexed to
report.
Power of commissioner to require owners
to carry out improvements sj~ecifiedin
Schedule A,
Payment of expenses incurred. in carrying
out impxovements.
Disposal by the coinmiss~onerof materials
of buildings or huts pulled dovm.
Power of standing committee to direct
commissioner to purchase or acquire
building or land in cheri or hutting
ground.
257-0 Application of sections 257-1- to 257.~1
to cheri or hutting ground for which
standard plall has been approved under
section 257-5.
Alternative power of com~issioner to
make standard plan, to purchase or
acquire cheri or hutting ground a i d +Q
carry out improvements himself or
through purchaser or lessee.
Proportions of area of cheri or hutting
ground to be shown in standard plan as
streets, passages and open lands.
Regulation of plots by standard plan and 5

compensation for adjustments of plots.

 LatestLaws.com

Strleets and passages shown in stands

plan, if not public streets, to rem
private.
Bathing arrangements and p
accommodation in cheri or hut
ground as shown in standard pla
be kept open for use of tenants.
Owner of land in cheri or hutting ground
to maintain certain conveniences on his
land.
Right of owner of land and owner of
blrilding or hut, over sireets, land and
drains shown in standa#rdplan.
Cheri or hutting ground, when to be
deemed a remodelled cheri or hutting
grounc1.
Povrer of owner to take land out of the
category of cheri or hutting ground in
certain cases.

Clzeri or hult ing ground streets.

Power of standing committee to prescribe

alignments for cheri or hutting ground
streets.
Power of commissioner to require removal
of existing huts within street or hut
alignment in cheri or hutting ground.
Power of commissioner to require space
to be kept between masonry building in
cheri or hutting ground ar,d centre line
of cheri or hutting ground street.
Application of provisions of this Chapter
to alterations or additions.
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..- _
i-+....
- ---.rI..&

~ c bj
t ~ a d r aC
sity ~ u n i c h aCor~oratr',
i

UIA allllieXT.-NUISANC~.
Dangerous Structures, Trees and Places.

Precautioiis in case of dangerous structu-

res.
Precautions in case of dangerous trees.
Precautions in case of danga-ous tanks,
wells, holes, etc.
Precautions against fire.
Control over watgrs, etc.
Prolubition ui uonctruction of wells,
tanks, etc., without the commissioner's
p e mission.
~
Power to stop dangerous quarrying.
Power to order filling in of pools, etc.,
which are a nuisance and regulation of
agriculture within city.
Power to order cleansing of insanitary
private water-course, spring, tank,
well, etc., used for drinking.
Duty of commissioner in respect of public
well or receptacle of stagnant water.
Prohibition against or regulation of
washing animals or clothes or fishing
in river or estuaiy.
Prohibition against contaminating water-

ce from dust, smoke

 LatestLaws.com
t

46 Madras City Mulricipa~Corporation [1919 : T.N. Act

Fencing of buildings or lands and pruning

of hedges and trees.
Control over Insanitary Buildings.
Lime-washing and cleansing of buildings.
Further powers with reference to
insanitary buildings.
Buildings imfit for human habitation.
Abatement of overcrowding in dwelling-
house or dwelling-place.
General.
Power of commissioner to use or sell
materials of daqgerous building taken
down, etc.
Limitation of compensation. ,

XH.--LICENCES
~ ~ ~ W T E R AND FEES. '

General Provision as to Licences.

Exemption of Government from taking
out licences.
Lodging Houses.
Prohibi~ion in respect of lodging house
Keeping of animals and birdq.
Prohibition in respect of keeping animals
and birds and feeding animals.
Destruction of stray pigs and dogs.
 LatestLaws.com

direct discontinuance of use

of building as a stable, cattle-shed or
cow-house.
Landing places, cart-stands, ctc.
-

Provision of landing places, cart-stands,

etc,
285-A Prohibition of use of public place or
sides of public street as cart-stand, etc.,
285-B Recovery of cart-stand fees, etc.,
285-C Licenceforprivatecart-stand.
Carcasses of animals.
286 Removal of carcasses of animals.
industries and Factories,
287 Purposes for which places within the
limits of the city or vithin three miles
thereof may not be used without licence
and payment of proportionate tax tc
* - locarbody concerned in the latter case;
288 Application to be made for constructior,
establisl~w-entor installation of factor?;,
workshop or work-place in which
steam or other power is to be employed.
289 commissioner may issue directions far
abatemalt of iluisancc caused by steam
or other power.
89-A Power of corrimissioner to require owner
3f factory, workshop. etc., to put
and mainta~nthe factory, workshop,
etc., in a cleanly state..
80-B Pclwer of conunissioner to require
owner or occupier of fadoly, etc.,
to discontinue the use of such factoiy.
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89-D Power of State Government tc pass

orders or give directions to canlmis-
sioner.
f *'7$-d .
a t .
**p 290 [Omitted.]
Ex$-
FP'.'
#;
. ,:. '
Wusizing and UutJ~i/zg.
291 Provision of places for bathillg and for
washing ;~nimals.
292 Provision ot' public bathing-houses,
wash-houses, etc.
293 Prohibition against washing by washer-
men at unarlthorized places.
Slndgh t cr-houses.
' 294 Provision of municipal slaughter-houses.
295 Licence for slaughter-houses.
296 Slaughter of enimals during festivals and
ceremonies.
297 Slaughter of animals for sale or food.
I
298 Slaughter of animals for religious cere-
mony.
The Milk Trade.
299 Regulation of milk trade.
Markets, Butcllem' Sl~ops,etc.
300 Public markets.
 LatestLaws.com

Litcr~jirigc,f' private markets.

Period of licence.
Licence fee for private markets.
Sale in unlicensed private market.
Powers of commissioner in respect of
private markets.
Suspension or refusal of licence in default.
Power of commissioner to make regula-
tions for markets, bazaars, slaughter-
houses and places set apart for sacrifice
of animals.
Acquisition of rights of private persons
hold private markets.
Duty of expellinglepers, etc., from markets
and power to expel disturbers.
Butcher's, fishmonger's and poulterer's
licence.
Power to prohibit or regulate sale of ani-
mals, birds or articles in public streets.
Decision of disputes as to whether places
are markets.

Powers of commissioner for purposes of

inspection.
Preventing inspection by commissioner.
Power of commissiol~erto seize diseased
animal, noxious food, etc.
Removing or interfering with articles seized.
Power to destroy article seized.
 LatestLaws.com

Production of articles, etc., seized before

magistrate and powers of magistrate to
deal with them.

Disposal of the dead.

Registration or closing of ownerless places
for disposal of the dead.
Licensing of places for disposal of the dead.
Provision of burial and burning grounds
and crematoria within or wi-thout the
city by the corporation.
Register of registered, licensed and provi-
ded places and prohibition of use of
other places.
Report of burials and burnings.
Prohibition against making of vault or
grave in place of worship.
Prohibition against use of burial and burn-
ing grounds dangerous to health or over-
crowded with graves.
Prohibitions in respect of corpses.
Fencing, etc., of private burial gr3und.
Grave-digger's licence.

C~APTER
XII1.- VITALSTATISTICS
AND THE PREVENT]
OF DISEASE.
Vifnl Smtistics.
Compulsory rcg;slration of vital statistics
[Omitted.]
Danger0 us Diseases.
Power to notify " dangerous disease."
C

..
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- . - -
--A
.
' . *rn'-anr
- .- 11& '1
fn7.

a
, Act IV] Madras City Mtinicipal Corporation 4

Obligation of medical practitioner or owner

or occupier to report dangerous disease.
Power of entry into suspected places.
Prevention of'Inftrt ion.
I

Provision of con.veyan.cesfor carriage of

patients.
Power to order removal of patients to
hospital.
Disinfection of buildings and articles.
Destruction of huts and sheds when rises-
sary.
Pr3-ti~ifinnf places for disinfection and
power to destroy infected articles.
Prohibition against transfer of infected
articles.
Prohibition against infected person carry-
ing on occupation.
Prohibition against diseased person enter-
ing public conveyance.
Disinfection of public conveyance after
carriage of patients.
Letting of infected buildings.
Power to order closure of places of
entertainment.
Minor suffering from dangerous disease
not to attend school.
Provision as to library books.
Power of commissioner to prohibit use of
water likely to spread infection.
 LatestLaws.com

6 Madras City &I~l~ricipul

Co,porr.tion [I919:T.N. AcSIV
<

Obligation to give i1:formation of smallpox.

346 Prohibition of inoculation for smallpox.

PART V.-SUBSIDIARY LEGISLATIOB AND PENAL

CHAPTER XIV.--RULES, BY-LAWS AND REGULKTIONS.

Rules and Schedu/es.

347 Power of Stale Government to make rules.
348 Making of rules after previous publica tier-.. .

B"v-zli }!l.~.

349 Power of council to make hv-IIUIC

Power to give retrospective effect to cer-
tain by-laws.
51 Penalty for breaches of by-laws.
52 Confirmati011of by-laws by State Govern
ment.
b3; *
#.- 353
I .
Conditions precedent to making of by-laas.
4

>
.$- Ktrles in lieu
. - -- of
-J
hv-~~~)cl
-J rlrcrrU*
I

Pow-:: u i State Government to make ruI

in lieu of by-laws.

- " - -

Publication of by-laws or rules.

%
Publication of regulations.
Exhibition'of by-laws, rules and r
tions.
 LatestLaws.com

General- provisions regardine aenalties

u r --"
.

specified in the ~chediles.

(1) Peni3lty for voting when pecu~iiarilyinte-
rested or acting as councillor or as pl-'--
man wIlen not entitled. ctc.
(2) Penalty f;)r :lclini its h4ityt)t8 0 1 I Jciw(y
Mayor whcn not cntitlcd, ctc.
(3) Penalty for failure to hand over documents.
etc., by Mayor or Deputy Mayor.
Penalty for acquisition by municipal officer
of interest in contract or work.
Penalty for omission to take out licence
for vehicle or animal.
Penaltv. for wilfullv ~r -r-c- v-------
J
e t l t i ndistrsin4
(>
~
-------""
Penalty for unlawful building.
363 (1) Notice to scavengers before discharge.
(2) Penalty for withdrawal of scavengers
without notice.
(3) Application of subsecticns (I) an.d (2) to
othsr municipal servants.
364 Wrongful restraint of cornmissioner and
his delegates.
V

364-A Penalty- for -not giving informa tic 11 c~ giv-

-
ing false illformation.

Licences and Permissions.

General provisions rega-ding licences,
registrations and permissions.
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Power to summon*

Summons to attend and give evie.ence or

n ~l <.*- o r f l r r p ,
4 . , .

Form of notices and permissions.

370 Proof of consent of municipal authoritim
o r municipal officer.
Signature: on documents.
371-A Publication of notifications*
372 Publication of order, l~oticeor other docu-

Publicatiol~in newspapers.
373-A Notice of prohibition or setting apart of

Sersice or Sending of Notices, etc.

Method of serving documents.
Relation of Occupier to Owner.
;Inpovery by occupier of sum leviable
from owncr.
Obstruction of owner by occupier.
Execution of work by occupier in default
 LatestLaws.com

1%ww /o cjnfurce iice~naingpro visions.

79-A Consequences of failure to
- -
- - nhtsin Iiemn-@
-.-rrAar n w U W D ,

c~c.,or of breach of the same.

Commissioner's po ~ ? e to
r Execute in defad.

Time for complyjl~gwith order and power

to enforce in deffi-lllt~
Recovery of expenses from persons liable
and limitation on liability of occupier.
'it

Power of commissi~nerto agree to receive "4f;

payment of expenses in instalments.
Power to declare expenses on certain work
,. a"J@
A :

* &&
ar t r,:,R
to be improvement e x p nses. ,-I*

84 Improvement expenses by whom payable.

Redemption of charge for improvement
expenses.
86 Relief to agents and trustees.
Payment of compensations, etc., try and to the Corporatioa.
387 Recovery of sums due as taxes.
Determination by Small Cause Court
- - of
--
sums payable.
Proceedings before Small Cause Court.
390 Recovery of sums pay~ibleby distress.
t
390-A Limitation for recovery of dues.
390-B Procedure in dealing wjih surplus sal-
proceeds.
Pro visior~sregarding Mu,ricipal Prosecutions.

2 . Period of limitation for makingcompldnts.

 LatestLaws.com

Cagnizanze of offences.
Imprisonment in default of payment and
application of costs, etc.
Payment of compensation for damage
to municipal property.
Legal Proceedirrgs in General.
Recovery of tax, etc., by suit.
Institution of suits agaillst municipal
authoriries, officers and agents.
Provisions respecting institution, etc., of
civil and crilni nal actions and obtaining
legal advice.
Protecting Clauses.
Indemnity to State Government, munici-
pal authorities, officers and agents.
Liability of commissi oiler, councillors
and aldermen for loss, waste or mis-
application.
Sallction for prosecutic.;~of Mayor, De-
puty Mayor, etc.
Assessmerlts, etc., not to be inrpeached.

Duties of police officers.

Power of police officers to arrest persons.
Exercise of powers of police officer by
municipal servants.

Application of term 'public servant' to

municipal officers, agents and sub-agents,
2 2
'
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c'-----vr mark.
r w * u w V a l VI

Prohibition against removal or obliteration

of notice.
409 Prohibitioll against unau$horj- [Zea dealings a

with public -place or- --*-U"*JuIs*

rnatrr;~

Truytsitiona! and Tralzsitory /J,o visions.

Passing of property and rights to corpo-
ration as reconstituted.
I 41 1 - . -- nf o , -I*G
Procedure for recoverv
- --l s 01- taxes,
= *a~
VL .
etc.
412 [Omitted.]
413 Adjudicati ci: :.f Ssputes between local
authorities.
%+$l
*. ..
[Heading unlit ted.]
.v-

414 [Omitted.]
SCHEDULES.
Schedule I. Enactmenb repealed.
Schedule f'16Rules regarding proceedings
the council and committees,
Schedule In. [Omitted.]
Sclzt dule IV. Taxation rules.
 LatestLaws.com

[TAMIL PIADU] ACT No. I V OF 1919'.

..

( Recr ived the assen r of the Gol~entoron the 26th March

1919 and tlror of the Governor-General on the
2nd Jurze 19 19 ; thc rr.:serzt of ihe ~ o i e r n o r -
General was flyst published in the Fort Si.
George Gazette of the 24th Jude 1919.) * .
-

An Act to consolidate and amend the law relating

to the Municipal affairs of the City of Madfas.
W ~ ~ E T ~itEi sAcxpcdient
S lo consolidate and amend
the 1 2 relating
~ to ihe municipal affairs of the Citj
of Madras and whereas the previous sanction of
the Bover~lor-Cc~~c!.al has been obtained undei
section 79 of ~ h cGovernment of India Act, 1915.
to the passing of this Act ; It is hereby enacted a!

PART I.
CHAPTER
I] .--PRELIMINARY.
. f. /

Tith ~nd 1. (1) This Act may be called the ~ a d -r ..~ i

extent. Municipal Y(Coryoration) Act, 1 9 19.
<- "t

x . r gp i yd: 2.;
i + ~ . d ...):
% .

$"31:*&,, ,$ $4:
(2) Except as hereinafter expressly prdoidi
it extends only to the City of Madras. fzk .&'y " A dc+ '!
: 1 7

-,, . . * J
Repeal of en- 2. The enactments mentioned in S~hedul$%~,~
actments.
re ~ ~ a l etodthe extent specified in the fourth'cbfum!
thereof.
_C_-- _ __ ._----._

These words were substituted for the

the Tamil Nadu Adaptation of L?ws Order

.
the Tamil Nadu Adaptation of Laws (Se
1969, which came into force on the 14th
For Statement of Objects and Rea
Garettr, dated the B r d J u ~
the jelect Committee, see ibid, dat
1-1 I. ; for Proceedings in Council
1918. pp. 762-778, ibid, dated the
and jhd, dated the 13th May 1
ThiJ word was inserted by
(Amendment) Act, 1961 (Tw Ava$~
- - -. . .., - +-.--- ' -. . .
 LatestLaws.com

Act, unless there is anythini repug. Definiriom.

subject or context-

] "Appoint" includes to appoint tempo- "Appoint.''

'

an officiating capacity.

) "Budget grant" means any sum ell?ered on "Budget

diture side of a budget estimate which has grant."
opted by the coucil.
[(4) "Building" includcs-
"'Building,*'
(a) a house, out-house, stable, latrine, godown,
hut, wall (other than a boundary wal! not ex-
eight feet in height) and any other structure
of masonry, bricks, mud, wood, mstal or
ther material whatsoever ;
(b) a structure on wheels or sin~plyresting
e ground without foundations ; and
a ship, vessel, boat, tent, van and any other
sed for human habitation or used for
&&ping or storing any article or goods.]
- -- - --
1 Clause (1) was omitted by section 3 of the Madras City
Municipal (Amendment) Act, 1958 (Tamil Nndu Act XXlV of 1958).
'Original r l a ~ s c(1) was renumbered as clause (I-A) and a new
defining the expression '' Adi-Dl i l ~ i d i l ' " was illserted as
dauw (1) by section 3(i) of the lrladras City Municipal ( A ~ ~ ~ c r l d n ~ e ~ t )
Act, 1936 (Madras Act X ot 1936) ; clause (1) as so insened was
aniitted and clause (I-A) was renumbcl-ed as clause (1) by section
2(1) of 'the Madras City Municipal (Amendment) Act, 1938 (Madras
&t I1 of 1938) ; clause (1) was again rellumbered as clause (LA)
a d a new clause defining the expression '' Anglo-Indian " was
insetted as clause (1) by section 2(i) of the Madras City M(midpal
(wood Amendment) Act, 1947 (Nklras Act VI of 1947); and *for
clause (1) as so inserted, clause (1) ' VaS subst itilted by ?theAdapthtion
(h&drnerit) Order of 1950.
ause was substituted for the original clause (.$) by section
'Madras, City Municipal (A~ncndmcnt)Act, 1961 (Tamil
 LatestLaws.com
LatestLaws.com

tc~~t.r9 (7) "Cart" includes any wheeled vehicle which

is not LA carriage bni does not include any motor
vehicle wilhin the meankg of the 3[Motor Vehicles
Act, 1939 (Central Acr I'V of 1939)]]
'i Casual (8) "Casual vacancy" means a vacancy occur-
vacancy."
"Casual ring otherwise than by efflux of time in the office of
election." 4[a councillor 5(U * *)] or in any other elective office:,
I and "Casual election" means an election held on the
occurren.ce of a casual vacancy.
"Cheri" or "Hutting ground" means
6[(8-h)
an area containing land occupied by, or for the par-
pose of, any collection of hilts, standing on a plot
-
i ~ h e s ewords were added by section 3(ii) of the Madras City
Municipal (Amendment) Act, 1936 (Madras Act X of 1936).
2These clauses were substituted for the original clauses (6) and
(7) by amendment No. (1) of Schedule I to the Tamil Nadu Motor
Vehicles Taxation Act, 1931 (Tarnil mdu Act III of 1931).
hese words, figures and brackets were substituted for the w,r&
and figures " Indian Motor Vehicles Act, 1914 " by section 3(ii), of
the Madras City Municipal (knendment) Act, 1961 (Tamil Nadu
Act 56 of 1961).
4 These words were substituted for the words '' a divisional coun-
cillor by section 3(iii) of the h'ladras City Municipal (Amendment)
, (Madras Act X of 1936).
~ c t1936
s m e words " or an alderman " were omitted by sMion.2
the Madras City Mu.licipa1 (Amendment) Act, 1988 (Tamil
Act m V of 1968)-
ti This clause was inserted by section 3(iv) of tho M
Municipal (P.mendment) Act, 1936 (Madras Act X o

w -
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LatestLaws.com

MNCI~+O,Y
City Munk ipu
C iwporclliort
or mod-e plots of land which.are adja-
~ther,and not less than two thousand
square feet in area.]
Madras" or "City" means the "City of
he '[State Government] by noti- Madras.''
Cjty of Madras but excludes Fort

ompany" means any company as

ompanies Act, 1956 (Central Act
4 9561, and includes-
(i) any foreign company within the meaning
f section 591 of that Act ; and
te, or any firm or asso-
in the '(State of Tamil
ncorporated or not end whether
of business is situated i : ~the said

(9-AA) "Councillor" includes a person co-opted

*i{Tb--j .to the council as a councillor .]
$ "f*"

'[(g-B) "Cream" means that portion of milk

h in milk-fat which has risen to the surface of
lk on standing and has been removed or which
s been separated from milk by centrifugal force.]

3 1 The words Provincial Governmerat " were substitnted :or

3 the words " Local Government " by the Adaptation Order of 1937
and the word " State " was substituted for " Provi~ci2l" by the
Adaptation Order of 1960.
4 These clauses were substituted for the original clause (9-A) by
section 3(iii) of the Madras City Municipal (Amcndment) Act, 1961
(Tamil Nadu Act 56 of 1961).
d This expression was substituted for the expressiorl State of
Madras '* by the Tamil Nadu Adaptation of Laws Order, 1969,
. as amended by the Tamil Nadu Adaptation of Laws <"'"orld
mendment) Order, 1969.
4 and (9-E) were inserted by section 3 (v) of'
Clauses (PB), (9-D)
Madras City Munic;_pal (Amendment) Act, 1936 (Madras ~ c t

3 ' 3
 LatestLaws.com

l[(9-C) "Dairy" inclt~des-

(a) any farm, cattle-shed, milk-s
shop, or other place from which
plied for sale, or in which milk i
manufactured for sale into
curd; butter-milk or dried, ste
milk ; and
(b) in relation to a dir
occupy any premises for the s
in which he keeps the vessels used by
storage or sale of miik but does not in
(i) a shop or place in which
for con:.umption on the premises only ; or
(ii) a shop or
sold or supplied for sale
unopened receptacles in the
in which it was first received in such shop or-
[(g -D) "Dairyman'
a daily, any cow-keeper wh
sdler of milk whether who
(9-E) "Dairy produce" incl
butter-ghee, curd, butter-
any and $very product
s[(lO) "Dangerous disease" means a
disease within the mean
&[TamilNadu] Public He
Act III of 1939), which
disease by the State
_ _ - --
I This cl,luse %as substituted for the original clause ($0 ,by
~

3(i" )of the Madras City Municipal (tbeodmeat) Act.

T

(Tamil : U d u Act 56 & a A,.

Y Cia~sas (9-B), (9-D)and (9-E) were inserted by section 3(v) of

tile MZdrl~sCity Municipal (Amendment) Act, lQ36 (Madras
~ c Xt of :036).
8 This clause was substitutes for the original clause (10) by w a
j(")of the Madras City Muaicipal (Amendment) A*, 1961 (~;imil
Nadu k t 56 of 1961)-
4 These words were substituted for ths word "Madras9*by ' the
Tamil NaJu Ada tation of Laws Order, 1969, as -&ded . by
the Tarnil Nadu Idmtation of Laws (Second Amendment) Ordq?.
 LatestLaws.com
4 .

. "

(b) dung and the refuse or useless or offen-

terial thrown out in consequence of any pro-

(c) putrid and putrefying substances.]

gs and water) used by man for food or drink

materials used or admixed in the cornposition
aration of such article and shall also include

--_CI

--------- -- -.
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~8 .@odras City Yuizicipal L19P9 :

Corporation
'[(13) "Latrine" meails a place set
defecating or urinating or both and include
of the dry or water-caniagc type and urinal.
(13-A) "Local aulthbrily" illcludes a cant
inent authority.
*[(L~-B) "Milk" means the milk of a c
buffalo, goat, ass, or other animal and inch
cream, skimmed milk, separated milk and coadensed,
sterilized or desiccated milk, or any other produce
of milk .I]
(14) ' M~inicipal ofice" ~ncails the plincipal
office of the corporation.
''Nuisance." "(1 4 - 4 "Nuisance' ' illcludes any act, omission,
place or thing which cduses or is likely to cause
injury, danger, ann0y;rnce or offence to the sense
of sight, smell, or hearing or disturbance to rest
or sleep or which is oi* m:ly be dangerous to life
or injurious to the health or property of the
publiE or the people in general -whb dwell or
occupy prperty in the vicinity, or persons who
may have occasion to use any public right.
(15) '<Occupier
( a ) ally pers
liable to pay to the owner the rent or any pol
of the rent. of the land
in res-pect.of which the word is used or da
account of the occupation of such land,
or part ; and
(b) a rent-free occupant.]
'[(16) " Ordinary
occurri:lg by efflux of
means :inelection held on the occurrence o
nary vaca.ncy.] .
--
,

l Clauses (13), <13-A) and (13-B) were su

clause (13) by section 3(vii
ment) Act, ,936 (Madras
T h i s clause was subst
the Idadras City Mmtici
Act 56 of 1961).
These clauses were substituted for clauses (
by section 3(ix), ibid.
This clause was substituted for original
of the Madras City Municipal (Amend
Act X of 1936).

-- . .. ... _ -_ _ -- ~..".*-"- ...". ,

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(18) " Prescribed " means prescribed by the "fiasmibed'

'[State Government] by rules under this Act.

(19) " private street " means any street, road, ccPrivate
square, court, alley, passage or riding-path which sfre@-"
is not a " public street " but does not include a path-
way. made by the owner of premises on his ow,,
land to secure access to o r the convenient e:, of
uch piemises.
(20) " Public street " means any street, road, "Public street ."
square, court, alley, passage or riding-path 2[over
which the public have a right of a7ay, whether a
thoroughfate or not] and includes--
<
ii (a) the roadway over any public bridge or
causeway,
,
(b) the foot-way i?t;ached to any such street, I

public bridge or causewcy, and

(c) the dr:\ins ait::ched to ally such street,
ublic bridge or cilusew:ly and the land, whether
ered or not b y any pavement, veranda, or other
cture, which lies on either side of the roadway
-.--.-**--- .--.-.-- -------_
i The words a Provitlcial Government "were, s1tbstituted for
e words Local Government " by tlle Adaptation Order of 1937
d the word State " was substituted for "Provinc$l" by the Adap..

-
tion Order of 1959.
B mege words were substituted for the words c c v!hether a
r:! or not over which the public have a right of
3 (xii) of the iAadras City Munici>al (Amendment) ~ c t ,
ras Act X of 1936).
)
 LatestLaws.com
LatestLaws.com

extent as to a prescriptive right to such use.]

(21) " Railway " includes a tramway.
(22) " ~ ~ c o n s t r u c t''i oof~ a building includes
(0)the re-erection wkoii); or partially of a
building aft1:r more than one-half of its cubical
content has i9et::l taken down 31. burnt down or
has fallen d o w ~ ,whethes at one time or not ;
(6) the re-erection, wholly or partially, of
any buildillg of' which an outer wall ha; been talien
down or burnt down or hasfdlen down t o or witbin
ten feet of the ground adjoining the lowest sto-ey
of the building, and of any fralce building, which
has so f.rr been taken down or burnt down or has
fallen down as to leave only the frame-work of the

( c ) the conversion into a dwelling house,

or a place of public worship of any building not origi-
nally for human habitation or for public
worship, as the case may be, or the conversion into
more than one dwelling-house of a building ongi-
nally collstructcd as one dwelling-house only or the
of a dwelling-house into a factory ;
~ i , the
, rcconversio~~ illto a dwelling-hoisg
a p13co of p~iblic\\;orship or n factory of any build-
ing wliic].t11;~sbeen discontiilucd its, or appropriated
for any purpose oll~c;rthan, a d~~relling-house 9r a
of public worsb~por factory, :is the case may be.
---

a
?t
 LatestLaws.com
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r dwelling in which %

'[return to such house

s not abandoned his inten-

(24) ct Rubbish " mealls dust, ashes, broken UR

cks, mortar,broken glass, and refuse of any kind
ich is not " filth ".

8[(2FA) ccScavenger" means sl person employed ?Pc

~ u e c t i n gor removing filth, ir cleansing drains,
tr~nesor slaughter-houses or in driving carts used
r the removal of filth.]
Y(25-B) "Scheduled Castes" shall have the same
aning as i n the Constitution.]
' [(25-C) " Scheduled Tribes " shall have the
same meaning as in the Constitution.]

rrning a part of a street a

-.- - -- -
These words were inserted bv section 3 (xiv)
of t h e Madras City
Municipal (Amendment) Act, 1936 (Madras Act X of 1936).
8 These words were substituted for the words " return thereto
8 This clause was inserted by section 3 ( AV), ibitl.
(25-B) by section 3 of
Illent) Act, 3961 (Tamil Nadu

2 of the Madras city Munici-

striel Municipalities (Amend- >-
ct, 1971 (Tamil Nadu Act 22

' i
 LatestLaws.com
62 Madras City Municipa
Q Corporation

se: '~(26-A) 'i Water-course " includes any ri

stream or channel wlerhel natural or artificial.]
(27) " Year " means the financial year.

PART PI.
CONSTITUTION AND COVERN&IENT OF,T
CORPORATION.
11.-THE MUNICIPAL
CHAPTEH AUTHORITIES.
Composilion of tlze Corporaf
24- (1) There shall be a corporation
with the municipal government of the
Madras, to be known as the Municipal Corpora
Madras.
(2; The corporation shall be a body cor
with the name aforesaid having perpetual succes
and a comman seal wirh power, subject to the
visions of tkis Act, to acquire, hold and dispos
property and may by the said name sue and be sue
(3) For the efficient performance of rhe 'functi
of the corporati on, there shall be the following mu
c i ~ a authorities
l of the c o r p o ~ a t i cnamely
~~, a-:

(k) a council ;
a [(b) tke standing coinn~it~:ees of the cou~lci
and1
(c) a co mn?issioner.
-. -- -- -- - --
This clause was iasertd bJ .,<~&n3
a
Municipal (Aroendment) Act, 193G (Madras
Sections to 7 were substituted for ih
by section 4 c f the Madras City Municipal
(Tamil Nadu Act 56 of 1961).
This clause was s~lbstitutedby section 3
cipal Corpol-ation and Tamil Nadu Distri
merit and Extension of term of office) ~ c t 1971
,
o! 19711, for the following clause (b):- 'c
orcJe colnlnittees, a corporation accounts committee,
%c's conlmlttee, ~ u 9d licence appeals ccmmittee; andm,
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- . . 1)

'5. (1) Subject to the 3[provisi~.~s0: sub-se~tlol,Consiitiltion

the council shall consist of 4x[~nehundred and of council*
c l -. -- ",-.
counciiborc ,,. -..4 in the manner laid down
2

are women.
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64 Madras City Munic

'[(4) If the requisite nl~mberof

ors, the required ~~urnbcrof persons specified in<*

clausc ( a ) or clause (b) :

Provided that no person shall be co-opted :under:
this sub-section unless such person is eligible. fot
being elected as a councillor from any one of the
divisions.]]]

=?2?
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n aixounts cornmittm

from among its councillors,.

tion accounts committcej shall hold officer as su

sooner resigns the same, till his term of office as
in any manner determined,

r;amruittee, the oouncil shall fill UP the vacancy as s

be by the elmion 0.2 another counc~llor.

(4) The corporation accounts comciittee in addition

powers and duties assigned to it under such regulation

expecditure of the municipal fund ;

(c) may conduct a monthly audit of the m

receipts and disbursements for the preceding mo

furnished by the commissioner; and

depreciation c.3used to, municipal p r o m y which agp

the committee to be irrecovwable..

the Mayor shall b e the chairman oY the t:ontracts eo

Licerrce App&zls C~rnrnitte,e.-(1) There sfia

6.-E.
blished a licenee appeals committee which shall co
members to 8e: elected by the council from

.*-- - , .

n
 LatestLaws.com

may bu, by the election of another councillor.

--(I) Subject to the provisions of this Act and the

mittec, circle commi.ttees, the, corpuration accounts corn-

(2j The council shall sanction such staff as n~ay~.easonably I

1,equired by the central comtnittcc, the circle owlmittees,
a torporation accounts committee, the conk-iicts committee
d the licenca a p m s conrmittarr todislal~argetheir functions;

6-G. Addittonal c~mm?tt~~~s.-The council may, with thd

evio~ls sanction of the State Government,, constitute addi-

ntracts committee, the licence appeals committee or the

ppointments commi,ttec. the provisions of this Act shall bc read

the first constitution of any standing cor~unittee or

onal standing cornrn~Il(!c.the provisions of the 1919
rubjed to the rules in Sched.ulo 11 to the
 LatestLaws.com

(4) Taxation and ~inance,2xcludi

Appeals,
( 5 ) Town-Planning and Improvements,
h-
5; " (6) Works.
i
:b*
,.
' r$<,

.* i' -
a 2r16-~.] (1) Every standing committee s
it?
p3? of standing
. cammittw~. consist of eleven members elected by the council from
among its councillors in accordance with s w k ---
i

$6 '
:"."
cedure as may be prescribed ; and the ,
such standing committee shall in accordance with
E.
3et.
-7. f
&%u*
such procedure as may be prescribed, be elected by
F;
&;4
S U C ~stand~ngcommittee from smnno it. --L----
-

Provided that no councillor shall be a

of more than one standing conlmittee at
$*
time.
cj.
Y
."$
$7 (2) A councillor elected to be a
r'
*
P
-
f standing committee shall hold office as su
7:

he sooner resignslthe same, till his tern 0

councillor is in any manner determiened.
(3). When a vacancy occurs in the office0
'
of standing committee, the council shall f i ~ ;
;&
1 -

vacancy as soon as may be, by the electi&$B1 p.

. %,ji3
another councillor. 5;
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(3) The standing committee on taxation and

finance shall, in addition to the powers and duties
assigned to it under the regulations referred to in
sub-section (I), be also entitled to exercise the powers
referred to in clause (b) of sub-section (2).
I
(4) The council shall sanction such staff as mag
reasonably be required by each standing committee
to discharge its functions.

P[m6-E.] The council may, with the pr

A4dMonal sanction of the State Govement, constitute
standing tional standing committees for such purposes as the
wmmittcar.
council thinks fit.]

4 ~3
$ - This clause was substituted by the Madras City
$pj , Corporation and the Madurai City Municipal Corporation
m a t ) Act, 197%(Tamil Nadu Act 7 of 1973), s. 4.
#*{
.C
8 Sections 4 to 7 were substituted for the original sectio
7 by section 4 of the Madras City Municipal (Amendm
1961 (Tamil Nsldu Act 56 of 1961).
2%
$7'
>
3 For sections 6-A to 6-G, which were substitute
4 of the Madras City Municipal (Amendment) Act
Nadu Act 56 of 19.611, aections 6-A to 6-E
Madras City _Municipal eorpcration an
Municipalities (Amendment and
1971 (Tamil Nndu Act 22 of 3971).

k
 LatestLaws.com

Corporation

The Several Authorities. *

The Commissioner.
-

There shall be two assistant commisu Cbmmissio.rr,

7(1)
sioners and a personal assistant to the commissioner.,,im,,assistant
and permon1
asaistant
(2) The commissioner, the assistant commis- to
- --
the
-gb-sd.d.

the commissioner commiww*

b-i$i
m*$@-"'
b: -
"
. shall be appoinied by the State Government.

The commissic~ner. ths assistant cads-

p-xrsonsl ssist-s!,~to &\' L!'N!~\!QS*
holethe officers of the corpat ntion
ertake any work unconnected with
ut the sanction of the council and
tab Government.

State Government may recover from

n the whole of the salary and allowances
he commissioner, the assistant commissioners
assistant to the commissioner
sub-section (2) and such contri-
eir leave allowances, pension and
d sis the State Government may, by
cilil order, determine.

?4
.;*A 7
) Subject to the provisions of section 8, the ' "*,
'Ji
f recruitment, conditions of service, pay and . c

and discipline and conduct of the corn-

,&
ip.
* i-?$

he assistant commissioners and the personal -. f

$y$-*>t
;. ,
. :&$
Y&(:*. .absistant to the commissioner appointed under sub-
dig
~ @ $ ~ )? > ~

. *;. &tibn
4%.
---
"<S* f)

&j&x& r$2
- a ~
 LatestLaws.com

fourths of the sanctioned strength of t

The prosant eection 8 was ~ubst~itutedby sectio

Madras Citj Municipal Corporation (Amendment) Act,
Nadu Act 15 of 19ti5).

(a) in so far assuch provisions relate to the

central committee, corporation accounts committee a
committeesexcept the circle committees constituted
dot, in the crrrnmissioncr; and
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10. The commissioner shall be responsi

the custody of all the reco
including all papers and do
the proceedings of the council, '[the standing c
mittee and other committees], and shall arrange
the perfolmance of such duties relative to tha p
ce~I:ngsof the said bodies as they may respective
impose.

Extraordinary
powers of
omm mission or.
act which would ordina
of the other municioai
execution or doing of which is, i
sary for the service or safety o
direct that the expense of executing the wo
doing the act shall be paid from the municipa
Provided that he shall report forthwith the
taken under this sectioz~and the reasons
to such other authority.
2[12. * *
3[13. (1) The commissioner shall be paid
the municiphl fund such salary and allowa
exceeding two thousand rupees per mense
aggregate as may from time to time be fixe
State Government.

1 The words "all the committees

substituted for the words " the sta
mittees"by section 101 of, and Schedule I
pal (Amendment) Act, 1961 (Tamil Nad
words " the standing committee and
substituted for the words " all the
Act " by section 34 of, and Sehedu
Corporation and Tamil Nadu Di
and Extension of Term of OEce)
1971).
2 This section was omitted by s
(Amendment) Act, 1961 (Tamil Nadu A
a This section was silbstituted for the
ST ibu.
 LatestLaws.com
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1 office] any of his ordinary powers, duties POW*^^

m by the following provisions, namely,

-----

e commissioner by the State Government."

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tion to'.such authority.]

s control and revision.

 LatestLaws.com

on of 3[21. Wherever in this Act the expression

t? ing committee'p occurs, it shall, unless the c
Omm- otherwise requires, bs deemed to refer to the pa
cular standing committee to which the power
duty in connection with which the expression is us
is assigned by this Act or by regulations made

mposed by such law'

t or by regulations made by t

. . -- . .. -- .-I . * . -. ,
 LatestLaws.com
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. .

se in which it is ' provided

er law that the commissioner,,
ect to the approval., sanction,
concurrence of '[a standing, oommitt
ding committee] may, by re; olution
Fz;;c wnting, authorize hiin to take action in anticipation
8;;$9- of its approval, sanction, consent or concurrence
b&iq;--:.subjectto such conditions (if any) as may be
&=*'LA,.
<a -

in such rc:soluticn.
- A

2) Whenever the commissioner, in pursuance

h resolution, takes any action in anticipation
the approval, sanction, consent or concurrence of
a standing committee], he shal: forthwith inform
such standing committee] of the fact.

The words "the central committee, a circle committee, the

orparation accounts committee or the contracts committee" were
stituted for the words "a standing committee" by section 101
Schcdule I to, the Madras City Municipal (Amendment)
1961 (Tamil Nadu Act 56 of 1961); and the words "a standing
ittee" were again substituted for the words "the centrd
ittee, a circle committee, the corporation accounts committee
the contracts committee" by section 34 of, and Schedule I to,
Madras City Municipal Corporation and Tamil Nadu District
cipalities (Amendment and Extension of term of office) Act, I
971 (Tamil Nadu Act 22 of 19711.

These' words were substituted for the words "the committee"

sbction 34 of, and Schedule I to, the Madras City Municipal
tion and Tamil Nadu District Municipalities (Amendment
n of term of offica) Tamil Nadu,, ~ c t

.. .
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- .-...i
.. .

g committee] a hd the comrnis- Obligation

to give effect to every resolution
rder] of the couilcil unless sbch resolution thofiti,
z.nicipal

d under this Act contravenes any

d by section 8 (1) of the Madras C&
Tamil Nadu District Municipalities
f terlll of office)Act, 1971 (Tarnil Nadu
s constituted under this Act" were

ed by section 8 (2) of the Madras .

orporation and Tamil Nadu District Munici-
ent and Extension of term >of office) Act,

substituted for the

n Ordor of 1937 and
cial"' by the Adap-

the Madras
n 1 8 of
il Nadu Act 56 of

ity Municipal Corporation

Act 15 of 1965);-

nform the council or the

by him at its next
overnment on such re-
not be bound to give

he Madras City Mutli-

unicipalities (Amend-
(Tarnil Nadu Act 22
 LatestLaws.com

$2 Mtidr(rs City Municipal [1919.:T.

Corporation

provision of this or any other Act or of a

notification, regulation or by-law made o
under this or any other Act or any order passed b
the State Government or if there would be any m i s
arriage of justice in the implementation of suc
resolution or ~ r d e r he
, shall,
days from the date of passing of the resolution or
order or such further pcriod not exceeding fiftee
days, as the State Government may, by general or
special order, specify from time to time, refer the matte,
-
to the State Government for- orders and inform the
council or the committee. as the case may be, of
-
the action taken by. him at its next meeting- and until
the orders 0,; the State Gover~zrnetzton such reference
are received, the conzinissiotzer shall not be bound
-- - . -.a

to give effeci to the resolutioi~or order.-1

Dufies alld 25. (1) Any councillor I'

powers of indi-
vidual council- the of the proper authority to any neglect
lors and alder-
Mela.
of municipal property, or to the waiits of any locality,
and may suggest any improvements which he con-
siders desirable.
-

1 T,. words " or alderman " were omitted by the Madras City
.juni&pa1 (.4mtndment) Act, 1958 (.farnil ~ a d Act
u X X l V of 19581, <
'2h-;+l- :i :: a

v -
 LatestLaws.com

. ,
..--- &-:*"- --- .. '.'*"; ';",p-+"
..&&+:&&$&&

ct 1 . ~ f ~ d ~ d s . JC
f r 4 ? : : i, k * crt ~ ~3 4

4:' *,
-9.1 . .,,I)

- 1 h t t t ~ 1 1 hrtvo
e ' ] ~ u j i o r * lotl matters
unicipal adm inistratiun subject
inay be framcd by the council.

) Every coui~cillor'[ ] shall have

ours to the records of the cor-
ur notice. to the commissioner.
mmissioner may for reasons
en in writing forbid such access. The councillor
against such order to
shall be final.

a[25-A. Neither the Mayor nor the Deputy Mayor, Mayor, C e ~ u t y

Mayor,
3 shall receive or be councilior
paid, from the funds at the disposal of or under the 'r .,
] net to

control of the corporation, any salary or other muneration*

remuneration for services rendered by him in any
capacity whatsoever.

'[Provided that nothing in this sectio~lshall apply

to the payment c i an;' c-n17?:ranceallowance or travel-
ling allowance to the Mayor G r thc Deputy Mayor
or any councillor by the corporation at such rate as
be determined by sulcs made by the Statc Goverll-

--.-

by sectiorf 2 (2) of
1958 (Tamil Nadu

resident " by section

Act,. 1933 (Madras

section was inserted by section 13 of th

mendment) Act, 1936 (Madras Act X of 1936).
 LatestLaws.com

84 Madras City Municipal [1919.: T.N. Act IV 4+

Corporntion 3
?

Requisitions 26. (1) The council lror a standing committee]

by council or a may at any t i me require the commissioner-.
s t anding
ccmmittee (a) to produce any record, correspondence,
for
., commisaioner'e plan or o ~ , h e rdocumel~twhich is in his possession
records. or under- his control as comr~zissio~rer;
(b) t o fiirnish ally return, plan
sl;atement, account or statistics connecte
municipal admiuistration ;
(c) to furnish a report by himself or to o
from any head cf department subordinate to
and furnish, with his own remarks thereo
upon any subject connected with the mun
administration.
(2.1 The commissioner shall comply w
such lequisition unless in his opinion imme
compliance therewith would be prejudicial t
interest of the corporation or o f the publi
case he shall make a declaration in writi
effect and shall, if required by the counc
standing committee], as the case may be, r
question to the 3TMayor] whose decision s
final.
IThe words I' or a committee constituted under this Ac
substituted for the words "or a standing committee
of, and Schedule I to, the Madras City Municipal
Act, 1961(Tamil Nadu Act 56 of 1961) ;and the words
committee " were again substituted for the words
constituted under this Act" by section 34 of, and
the Madras Ciky Municipal Corporation and Tamil
Municipa1i:ies (Amendment and Ex tension of term
1971 (Tamil Nadu Act 22 of 1971).
3 The wards the committee " were substituted for the wo
the standing committee " by section I01 of, a l ~ d Schedule r
the Madras City Municipal amendment) Act, 1961 (Tamil Na
~ c 56 t of 1961) ; and the words " the standing committee '* wer
again substituted for the words "the committee " by section 34
and Scl~edule1 to, the ; v L d i ~ > city )lunicipal Corporation
+

qamil Nadu District Municipalities (Amendment and Extension 0

term of oEce) Act, 1971 (Tamil Nadu Act 22 of 1971).
r This rvord w m substituted for the word $*

s,-,-: j ~ n2 of 2 be 9fadnai CITY3f-a.cigat

{&&* -4 :: rn af l9S]*

" --- -
 LatestLaws.com
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a joint committee for any purpose in which

mat.ter for which
re jointly responsible.

Provided that the iwnber of' s x h persons shall

not exceet! oi~c-thirdof t Ilc total numbct- o f mcmbers
.of the joint committec.

ras City Municipal

alities (Amendment
il Nadu Act 22 of

section 34 of, and

vtcnsion of term

s section was inserted by section 14 c f the Madras City

pal (Amendment) Act, 1336 (Madras Act X 0'' 1936).
 LatestLaws.com

(3) The coilstitution of a joint committee sh

be by means of regulations which shall not, ex
in the cases referred to in sub-sections (6) and
have effect unless assented to by each of the loca
authorities col~cerned..
(4) TI
((4)
committer
(b)
local auf
may be
((
joiilt co
be elec
I
joint c

Cf) the pow-,,

-
one or more of the local attt ~ L O ~ I L ~ -. G ~
may be exercised by the joilit committee ; ana
(g) the procedure of the joint committee.

local authorities concerned assent to such variat

or revocation.
(6) If the '[State Government] take action u
 LatestLaws.com

Act IV] Madras City 3fuaicipal 87

Corporation

*I . (7) 11 any dltlerence 01 opinion .arises between

r' loca! authorities under ally of the foregoing provisions
$% i&
$5 of this section, it shall be referred to the '(State
$ Government) whose decision shall be final.
2[(8) The powers of the 3(State) ~overnment
under this section shall, where one of the local autho-
ies concerned is a cantonment authority or the
authority of a major port, only be exercisable
the concurrence of the Central Government.]]
Provisions con~n~on
to the Council ,xnd the

(a) one of its number to be the-'Gayor,'[and]

(b) one of its number other than the Mayor
the Deputy Mayor. '[ . .] ,

b-section was inserted by the Adaptation Order of

rd was substituted for the word "~rovincial"by the

.Order of 1950.
 - vd*$$>; LatestLaws.com
%+*ar-+$ t ;

88

shall cease to be the Deputy Mayor.

*
._____ _
___ . .________-_._
- .---------
(

I The following sub-sections were substituted for sub-.xCt

(3) by section 2 1 of the Madras City Municipal (Amendme
Act, 1961 (Tamil Nadu Act 56 of 1961):-

"(3) The central committee shaII, a

referred to in sub-swtion ( I ) ,
than the Mayc r or the Deputy Ma
the chairman so elected is already t
accounts comroittee or the licence appeals commi$tee, he
deemed to have vacated his office as chairman of the cor
accounts committee or the licence appeals committee, as t
may be, on the date on which he enters upon his. office as chai
of the central committee.

(4)Each circle committee or the corporat

the licence appeals committee shall
tion referred to i n sub-section (I),
than the Mayor, the Deputy Mayor or t
committee) to be its chairman.

(5) Thechairlran oft hecentralcornmi

or of the corporation accounts co
otfice from the time of his election
sessor provided that in t he meantime
councillor".
For the words, brackets and
rectjon(1)"insub-sections(3 jand(4),
the Deputy Mayor "were substitl~te
Mad ' l q City Municipal Corporatjon
(ArnendluentS Act, 1968(Tamil Nadu
sub-sectior~s(3). (4) and ( 5 ) were sub
y (2) of the Madras City Municipal
District Municipalities (Amendmen
Act, 1971 (Tamil Nadu Act
~ffict:)

.. . - .
?. - .
 LatestLaws.com

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&
\a,!- .
*a%-*%\?:? , p - x . 5 . < ~
meantime he does not cease to be a c.uui~- Mayor,]

he occurrence of any vacancy in the office

e vacancy had not occurred. .

 LatestLaws.com

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!jb anrilj till'hilmicbi/i [BIY : Tji, Ati 8 8 , .,

Z

Corporat Li
the cext ~7rdinaryelect ion and in case of extension
by any law for the
of t e r n of o f i c ~of the c~i~ncillors
time being in force, during the remainder o
period of such extension.]

Rilles and regu- l[31. Thz council ?(and the standing corn '
lations for ,

proceedings shall observe the procecture laid down in Sc

of council
and standing II and may make supplementary regulations
committees. iiwonsiste~~ttherewith or with other provisi
this Act cr any rules made by the 3[State Gov
ment], for the conduct of their respective proce
and also for the maintenance of order at their
ings.

E-~plannt ion .- Any supplementary reg

made ~uiiderthis section shall, if it i s inconsiste
the provisions of any rule made subsequ
void to the extent o f such inconsistency.]
-.-- .--- ..

This section wns substituted for original aectioa 31 b

18 of the RIndms City Xuni~ip:J(lmendment) Act, 1936
Act X of 1936).

2 The worcfs "1 ht~central co iarr.itte9, the tit-cle cornmi

thn corpo~.ati~tl accounts corn l i t tecVwaresubstituted for
"and the standing con~:nitt~~rs'~ by section 101 of, and
s Municipal (Amendment) Act, 1961 pa+-':
to, tho X r ~ d r ~City
Natlrr Act 51: of 1!%I); nrrd the: words "81id the standing committee>*
wore s~brtlt1~tl.d for the words the central cc~imittee,the circle
comnlitteei and the corporation accounts committee^' by
st\ction 34 nf, nnfl Sche~lule1 to, the Madras City MhnCcipal
Corpordiioc and ramil Nndu District Municipalities ( ~
and Extensiolz r.f t e r ~ ~ f ~ i . e ) ~ . I1971
c + , (Tamil ,'.'adu
197 1).

Glwcrt-~ment"were substitute
The \ ~ords"Provi~cia1
"Local <3o~;ernment"by the Adaptation Order of
ward "StatrW was subs:itu:ed fur "Pravi
Oidcr of 1C150

- ,- - ---
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- -.-a A%.--

;lrlY.ACIIVJ ivlffClraS LIty f l l

Corporation

2. '[(I) Every meeting of the cou~lcil shall be Presidency of

and
sided over by the Mayor, in his absence by the standing
uty Mayor and in the absence of b o ~ hthe Mayor committees.
the Deputy Mayor, by a councillor '[ 1
n by the meeting to preside for the occasion.
committee]
-chairman and in his
hosen by the meeting
e for theoccasion.]
Mayor] or
eserve order
er and procedure
ith meetings. There
t of order and
'[[Deputy Mayor]
as is otherwise ex-
provided in this Act, be final.
The '[Deputy Mayor '( or councillor)]
g at a meeting of the council and the member
g at a meeting of '[a standing committee]
---
or original sub-sec:ions (1)
unicipal (Amendment)

ed by section 2 (2) of the

t,1958 (Tamil Nadu Act

he words "a committee constituted under this Act" wei-e

ing committee'' by section 101
City Municipal (Amcndnient)
961); and t lie words "a standing
for the words *'a comniitteo
4 of. and Sch~-dule1 to,
nd Tzrnil Nadu District
ttnsion of torm of office) Act,

This word was substituted for the word "Prcsic!entv by section 2

merit) Act, 1 333 (M.3.drac Act

19 (ii) of the Madras City

ras Act X cf 1936).
he word '' Couilci]lor by
 LatestLaws.com

LatestLaws.com

to d l the ob!igations of the 2[Mayor] or ch

as the case niay be.
3[(5) The Mayor, the Deputy Mayor
councillur presiding at a meeting of the cou
direct any councillor'whose conduct is in his o
nion grossly disorderly to withdraw immedia
from the meeting and any councillor so ordered
withdraw shall do so forthwith and absent himse
during the remainder o f the day's meeting. IfLsu
aounciilor refuses to withdraw, the Mayor, the Depu
Mayor or the councillor presiding a t the meetin
may order his removal by force. 'The councillor
directed
-- - --
-- to be absent shall not be deemed to ha
.

failed attend the meeting of the council

p~lrposesofclause (i) of sub-section (1) of sec
rq -1

c.-.r.~missionor 4[33. (1) The commiss~iol~er shall have t

right t.o attend the meetiixgs of the council and o
I
---
-
--
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..-..A

Madras City Municipal 93

Corporation
standing coinmittee or other cornhi ttee coils-
and to take part in the discus-
ion but shdl not have the right to move any re-

oner sllall attend any meeting

ouncil or of a standing committee or any other
tee constituted under this Act, if required
r or the chairman of the corn-

4. (1) No co~~lcillor J sllall vote Councillors

r take part in the discussion of any question to and aldermen
abstain from
. up for consideration at a meeting of the taking part
or of 2[any standing committee or any corn- indi~cussiOxl
and voting on
, if the question is one in which, ;.part from questions in
era1 application to the public, he has any direct which they are
irect pecuniary interest by himself or his part- pecuniarily

(2) The 3[Mayor] 01. chairman pl-ohibit

--*--.--- .-
--.l-.l-..l_-LI..
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LatestLaws.com

4[(5) The coui~cillor '(

shell not be riltilled to 1.0
to in pllb-sccri,>n (3) 2nd the S f 3 ~ 0 rOr chairman
c , L c. i t k cnti:!;.~I r \> \.ctt LU the mutic?
rL.t*..T?...&? l\k ::t s:ih-si?cx.L~.. \?

E.~plo)rur;o?z.--Tn this ssctil.m 'Mayor' includ

a Deputy
prcsidi~lgfor the occasion an
a member presiding for the
of a committee.]
--- -me--.

1 Tile words " or alderman " wer

the Madras City Municipal (Aniend
Act XXIV of 1958).

2 This word was substituted for the word " President " by
2 of the Madra: City Municipal fhmendmect) Act, 1933 (
Act I11 of 1933).

'3 This word H1aSsubstituted for the word " believed " by secti
20 (ii) of the Madras City Municipal (Amendment) Act, 19
(Madras Act X of 1936).

4 This sub-section and Explaix\licln were adtied by section

(iii; ;hi(/.

5 These words were substituted

alderman " by section 7 of the
meut) Act, 1958 (Tamil Nadu Act

e - .*--- _
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--

i d the &unc8:and t h e npnrr:v M R V ~ ; mP

~ ~wrifinito
- - - - -------

ase of the Mayor fGm the date on which it

d before the council and jri any other case,
date on which it is received by the Mayor.]
Saving of
6. (1) No act done, or proceeding taken under ,lidityof
Act shall be questioned merely 011 the ground- procdings,
(a) of any vacancy or defect in the col~stitu-
of the council, or of any '[standing committee
other committee], or
(b) of any defect or irregularity i I-, such act
r proceeding, not affecting the mer;is of thc case.

-.,

section 35 were o~nitted by sec-

tlicipal (Amendmen t) Act, 1958
du ActFXXIV of 195S), and the following section was
25 of the Madras City htfunici-
Nadu Act 56 of 1961) :-

The present section 35 was again substituted by sectio1-i 13 of

ion and Tamil Nadu District
nsion of term of ofice) Act,
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LatestLaws.com
. ,

- 3137. (1) he Mayor shall have full

the reco~*dsof the corporation and may 0
from tile commissioner on any matter Go
the administration of the corporation*

(3) The Mayor shall benbound to

,nications addressed through him

C-C- ___cc_

2 This word was substituted for the words "

Council * by section 3 of the Madras City Muni
, (Mzrdras Act 111 of 1933).
~ d1933
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LatestLaws.com

the Mayor was at the time of his election the chair-

 LatestLaws.com
LatestLaws.com

l[The Deputy Mq lor.j

until a new Mayor is elected.

(3) The Mayor may, by an order in

delegate any of his functions to the Deputy May
Administration Report.

prec~2;ngyear in such form as the a[State Govern-

ment] may dirmt.

and the council shall consider the report and

the same to the [State Government]
resolutions thereon, if any.
(3) Copjes of the administration repo
kept for sale at the municipal office.
Powers of the %[StateGovernmen

(a) to produce any record, co

or other document ;
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LatestLaws.com

' .-- -- . --.---- -t-..\ "--

Act 1'01 Madras City Municipal 99

Corporation
to fnmlsh my return, p ! q s:timatc. >A. :c
rrt or mtistics' :
furnish or obtain any report.
[State Government] may depute any state Govern-
to inspect or examine any municipal depart- ment's power
office, service, xork or thing and to report totion to beinspec* .
cause
on and any officer so deputed may, for the
oses of such inspection or examination, exercise :. "
e powers conferred by section 40.
I

If, on receipt of ally information or report stateGovern-

ed under section 40 or 41, the l[State Govern- merit's power to
nt] '[are of opinion]-- direat the
taking of
( a ) that any duty imposed on anv municipal aotion*
hority by or under this Act has not'been perfor-
ed or has been performed in an imperfect, ineffi-
nt or unsuitable manner, or
( that adequate financial provision has not
en made for the performance of any S U : ~ duty,
'. /f
j a the [Stare Government] may, by an order,
direct the council or the commissioner within a period

--

. I
 LatestLaws.com

43. (1) If, within the period fixed.

I issued under section 42, any action d
that section has not been duly take
Government] may by order-
'(&) appoipt some person to ta
so directed,
(8) fix the remuneration to be
and
(c) direct that such rtmunerati0
of takifig such action shall he defrayed out
municipal fund, and, if necessary, that
,o, of the .taxes authorized by Par
shall be levied or increased, but not
any- =ximum prescribed by tha* part.
(2) For the purpose of taking the action
as aforesaid the person appointed under su
(1) shall have power to make such contra
necessary, may exercise any of the powkrs c
on any municipal authority by or under
and specified in this behalf in the orde
under sub-sediion (I), and shall be e
protecticn under this Act as if he were a
authority.
(3) The '[State Government] may, in
to or instead of, directing the levy or inereas
of the said taxes, direct by notification that
of money which may '[in their opinion] be r
for giving effect '[to their orders] be borro
-
1 he words "Provinoial Government" were su
words b b l o o a l Governmentw by the Adaptation
and the word '.Statemwas substituted for "Prov
Adaptation Order of 1950.
 LatestLaws.com

ecurity of ali or any of the s

e of interest and upon such terms as
e of repayment and otherwise as may be
the notification.
provjsions of sections 142 to 153 shall, as
be, apply to any loan raised in pursuance

(iii) prohibit the doing of any act which is

 LatestLaws.com

102 Madras City Mzsnicip~l [I

Corporation.

rule, notification, regulation or by-law made or issued

under this or any other Act, or is an abuse of such
powcrs or adversely affects the financial stability or
credit of the corporation or the efficiency of municipal
administration as a whole,

(c) such resolution, order, licence, . permis.

sion or act is in contravention of any direction issued
by the State Government, or 0

(d) the execution of such resolution or ord6r;tht

continuance in force of such licence or permission oi
the doing of such act it; likely to cause danger rc
human life, health or safety, or is likely to lead to ;
riot or an affray: ..
-'Z

Provided that the State Government shal

belbrc taking action under this section .onany of thc
grounds referred to in clauses (a), (b) and (0); give the
authority or person concerned an opportunityr~ Q I
explanation :.

Provided further that no

section shall enable the State Govern
any election which has been held.

(3) If, in the opinion of the commissioner, imme.

diate action is necessary on any of the' grdunds refer*
red to in clause (a) of sub-section (2), he may suspenc
the resolution, order, licence or permission or hroh;
bit the doing of the act, as the case may be, and iepor:
to the Staie Government who may thereupon eithe~
rescind the commissioner's order or after giving tht
authority or person concerned a reasonable oppor.
tun ity of explanat~on,direut that the commissioner ':
order shall continue ill force with or without modifi*
+on permgently or fcr such .period
fit.]
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LatestLaws.com

Act Madras Ctty dlzlnL@al 103

c~lpomlion

he opinion of the State Govern-

is not competent tb perfornl or
kes default in performhg the duties tb
k i b v , c.r exceeds or abuses its ~ ' p o ~ ~ o p -
"hQ >? ;,\ < +<::.i >?;%;

1)G d ixs61vcd :a6 ~CCOIISII-

i011
datcs as thc State Government may
may, if they think necessary,
for a specified period not
the notification shal? be
ouses of the State Legislature :
ed that for the purpose of conlpleting the
o the coiygration when it i s dissolved, the
time to time, extend
er this sub-section for its
I

a notification under sub-

te Government shall communicate:
the grounds on which they pro-
so, fix a period of not less than thirty
e corporation to show canse against the
nd consider its explanations cr objections,

ing contained in sub-sectior. (1) shall

ce of the commissione~.
fixed for the dissoluOion of the
iub-section (I), all its members as
e Mayor arAdthe Deputy Mayor (including
aors who are mombers of committees establish-
or constituted by or under this Act) shall forthwith
deemed to have vacakd their offices and fresh
tions shall be held iil accordance with the provii-
ons of this Actg2[ * * * * * I*
-..-.. - -
5 of the Madras City Muni-
, 1965 (Tamil Nadu Act I5 of
Uowing sentence was omitted by section 2 (2) (a) of
City Municipal Corporation and District Municipalities
t) Act, 1968 (Tamil Nadu Act 10 of 1968) :-
6 Thta newly elected councillors shall enter upon their offices on
dab -fixedfor the reconstitution of the corporation. ''
 LatestLaws.com
LatestLaws.com

.
; ,2+"$ :
(a) All the members of the corporation as+Gell
as tho Mayor and the Deputy Mayor (including
councillors who are members of c o m m i t : ~estawish-
~
ed or constituted by or under this Act) shall.forthwith
be deemed to have vacated their offices.

(b) All or any of the functions of the corpora-

tion, of the Mayor and of the committees established
or .constituted by or under this Act except the Thxa-
tion Appeals Committee may, during the period of
supersession, be exercised and performed, as far as may
be, and to such extent as tkie State Government#may
determine, by such pergon as the State Government
t that behalf and any such person'may, if
a p p o i ~ in
the State Government so direct, receive paydent for
his services from the municipal fund; the State
Government may determine the relations of suck
persen with themselves and may direct the commissio.
ner t o exe~cise end perform any powers and dutie:
of tnc corporation and of tho committees afdresaic
except the Taxation Appeals Committea in additio1
f , his
~ own.
* ,
(c) AAU or a y of the functions of the T ! q
A p p ~ d sCommittee may, dare the
session, be exercised. and performed by
of the said Commitfee. ( A,
i
, ',:' *,- c
( ., "

mmt may, by notifi

in the notification,

I
 LatestLaws.com

[(7-A) The term of office of the newly elected

illors or of the councillors elected in their
s at casual vacancies shall be '[five gears] begin-
and expiring at noon on such date as the State
nment may, by notification, appoint in that

Provided that the State Government may, by

ffice of the councillors as a whole be extended or

(8) When the corporation is dissolved or super-

ed under this section, the State Government until
date of the reconstitution thereof and the recons-
ted corporation thereafter shall be entitled to all
assets and be subject to all the liabilities of the

. - - . I

nscrted by section 2 (2) (b) of the Madras

an and District' Municipalities (Amend-
du Act 10 of 1968).
 -LatestLaws.com
. ..,*",,:,>y, '
,.,,"(p-
-. LatestLaws.com
.+i

;. . .. .'.,
;',f;.'!:~
,
,
,
cz
,~E,

-,
%: '

,j.; ,,
, ,

106 lMadras Cify Municipa

Corporation
of the vacancies consequent ou the e
office of such councillors :-
(i) under this Act, or,
(ii) under section 39 of the M
cipal Corporation and Tamil Nadu
palities (Amendment and Extension
Office) Act, 1971 (Tamil Nadu Act
amended by the Madras City M
tion Laws (Amendment) Act, 1973, or
(iii) under any other law as for t
in force,
the State Government n~ay appoint a Sp&l
Officer tc exercise the powers and perform the fuarr
tions of thc corporation, of the Mayor, and of the
committees established or constituted by or under
this Act except the Taxation Appeals Committee,
to such exterd as may be determiued by the State

(2) The Special Officer referred to in

sectiou (I) may also exercise any of the power
parform any of the functions of the co
rn any other offimr or authority under
which the State Government aay, by no
specify. '

(3) (a) The Special Officer shall receive

for his services from the municipal fund.
(b) The State Goveinment may determine the
relations
- of the Special Officer with themselves.
(4) ~ 1 or
1 any of the functions of the Taxation
Appeals Committee may, during the period for .which
the spsial officer is appointed, be exercised and per-.
formed by the Chairman of the said Committee.
(5) The commissione~shall, in the
his powers and performance of the fu
.Act, be subject to the control
;lace of the specid 0fIicff.l
C

F L
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LatestLaws.com

unciUo~s]refe~redto in O[

-----
I Thewords AND ALDERMEN" were omitted by section 8
'#

the Madras City Municipal (Amendment) Act, 1958 . (Tamil

du Act XXIV of 1958).

a These words were substituted for the words Councillors and

Aldermen " by section 3, ibid.
a This marginal headiilg was substituted by section 5 of the Madras
City Municipal Corporation and the Madurai City Municipal Cor-
poration (Amendment) Act, 1972 (Tamil Nadu Act 7 of 1973).
. 4 Sections 45 to 49-A were substituted for original sections 45
to 49 by section 27 of the Madras City Municipal (Ariiendment)
Act, 1936 (Madras Act X of 1936), and of these, serttions 4643, 47,
48,49 and 49-A were further substituted by sbxtion 2 (5) of the Madras
P* "
:,.
City Municipal, District Municipalities and Local Boards (&L,,L~-
;k
r
@
d
ment Act, 1938 (Madras Act I1 of 1938).
E-
$
8,
2, 6 The brackets aud letter " (a) " were omitted by section 29 (ij
$4
&:
pd

r;;
of the Madras City Municipal (Amendment) Act, 1961 ,(Tamil Nadu
'
3-
2,
Act 56 of 1961).
Thcsc words wcrc substituted for the words For the purposes
of the 'election ,of the divisional councillors to fill the fifty general
seats" by section 10 (i) (a) of the Madras City Municipal (Amend-
ment) Act, 1958 (Tamil Nadu Act XXIV of 19.58).
The words " one hundred and twenty " were substituted for . .
the words " one hundred " by section 2 of the .Madras City Muni-
cipal Corporation (Amendment) Act, 1967 (Tamil Nadu Act 7 of
1967) ; and the ,wads " one hundred and fifty " were substituted I

for the words " one hundred and twenty" by section 5 (ii) of the
Madras City Municipal Corporation and the Madurai City Munici-.
pal Corporation (Amendment) Act,. 1972 (Tamil Nadu Act .7 of 1973).
The word " divisional " was omitted by section 29 (i) of the'
Madras City Municipal (Amendment) Act, 1961 (Tamil Nadu Act
.
The words brackets and let tv "clause (a) of
, " we& 'b$ttcdY
,

Q
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LatestLaws.com

bf section 5 the City shall be divided into 'P(one

dred dn' fifty) territorial divisions] the bouadar
of which shall be fixed by the 3(State Government)

e ofelstion. 646-A. the voters in a division, irrespective of

their ,JX or the community to which they belong,
shall be entitled to vote at an election '[to the seat i
that division].

46-Bby sections 5,
cipal (Second Amen
 LatestLaws.com

n 47, firnil Nodu Act IV of 19g

ras City Municipal Corporation Act, 1919 (Tamil N
1919) (hereinafter in1 this Piu't referred to as the 1
ct), for section 47, the followirlg section shall be substih

bi: an electoral roll which shall

he provisions of this Act and $
the provisions oh this Act lab
Govcmrnent may, from time to 'time, bsue in this behalf;

(a) is not a citizerl of India; or

d and stands so declared by a

relating to corrupt pr

a1 roll for any territorial division in more than

, 1958 (Tamil Nad~

wards "the names of

 LatestLaws.com
LatestLaws.com

110 h l d a s City Mur~icipal [I919 :T.N. Act I

Corporation . .
addresses ] are situated in such division; shal I

entitled to be included in the electoral roll for

division prepared for the purposes of this Ad.
E x p l a ~ t i o n(:2).-No person's name shall be inclu-
ded in the electoral roll for more than one division
orin the electoral roll for any division in more than
one place.
2[Explanution(3).-- In this section and in section 48,
"territorial constituency" shall have the same meanin
as in the law made in pursuance of the Constitution.
SIProvidedthat 4(any porson who is eatitled to b
included) in a separate part of the electoral foll for
such teriitorial constituency by virtue of a stateme
referred to in section 20 of the Representation of the
people Act, 1950(Central Act XLIII of 1950) shall not be
eligible for being included in the electoral roll for that
division prepared for the purposes of this Act, unless
he makes an application giving the particulars of his
address in that division to 6(the person authorized
--7 -
under sub-section (1) of section 48) f 0 ; such ~nclusion.]
-
'The words ''as e!itered it1 Such ro:l" Were omitted by section 2
(1) (b) of the Madras City M u ~ i c i r ? !C?~poration,District Muni-
cipalities and Panchayats (Amendment) Act, 15 68 (Tamil Nadu Act
6 of 1968).
8 The foilowing ~xplanation(3),which was substituted by sectio
14 of the Madras City Municipal (Amendment) Act, 1958 (Tam
Nadw Act XXIV of 1958), was omitted by section 30(ii) of the Madras
City Muaicipal(Amendmcnt) Act, 1961 (Tamil Nadu Act 56 of
1961) :-
"E.tplanalion (3).--In this section and in section 48, 'territorial
constituency' shall have the same meanins as in the law made in
pursuance of the Constitution". The present Explanation (3) was
againaddcd by ssction 6 of the Mcidras City Municipal Corporation
and the Madurai Ctty Municipal Corporation (Amendment) ~ c t ,
1972 (Tamil Nadu Act 7 of 1973).
8 This provisowas inserted by section 2 of the Madras City Munici.
pal Corporation and District Municipalities (Amendment) ~ c t , l 9 6 2
(Tamil Nadu Act 10 of 1962).
&Thesewords were substituted for the words ''any person whose
name is included" by section 2(1) (c) of the M a d ~ a sCity Municipa 1
Corporation, District Municipalities and Panchayats (Amendment)
Act, 1968 (Tamil Nadu Aor 6 of 1968).
bThesa words, brackets and figures were substituted ,
the words " the commissioner" by ibid.
e
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110 s hf~nliciyal [I919 :T.N. Act IV

~ i a d ~ r rCity .
Corporation
addresses ] are SItuated in such division, shall be
,
entitled to be inclrlded in the electoral roll for the
division prepared for the purposes of this Act.
Explanntion (;:).--No person's name shall be inclu-
ded in the electorill roll for more than one division
or in the electoral '011 for any division in more thap
one place. e

I
2[Explanution(3).--In this section and in section 48,
"territorial constituency" shall have the same meaning
as in the law made in pursuance of the Constitution.]
s[Provided that e{any pjrson who is elititled to be
included) in a separate part of the electoral roll for
such territorial constituency by virtue of a statement
referred to in section 20 of the Representation of the
people Act, 1950(Central Act of 1950) shall not be
eligiblefcr being included in the electoral roll for that
division mepared for the purposes of this Act, unless
he makes ail application giving the particulars of his
address in that division to 6(the person authorized
- -. ------ -
under sub-section (1) of scc tion 48) for such inclusion.]
--
'The words "as entered in quch roll" were omitted by smtion 2
(1) (b) of the Madras City Municipal Corporation, District Muni-
cipalities and Panchayats (Amendment) Act, 1968 (Tamil Nadu Act
6 of 1968).
2 The following EZplanation(3), which was substituted by section
14 of the Madras City Mullicipal (Amendment) Act, 1958 (Tamil
Nadw Act XXlV of 1958),was omitted by Section 30(ii) of the Madras
City Municipal(Amendment) Act, 1961 (Tamil Nadu Act 56 of
1961):-
''~.tplanation(3).-In this section and in section 48, 'territorial
constituency' shall have the same meaaing as in the law made in
pursuance of the Constitution". The present Explanation (3) was
again addcd by section 6 of the Madras City Municipal Corporation
and the Madurai City Municipal Corporation (Amendment) ~ cs t
1972(Tamil Nadu Act '7 of 1973).
This proviso was insorted by section 2 of the Madras City Munj
pal Corporation and District Municipalities (Amendmznt) ~ c tg , ~
(Tamil Nadu Act 10 of 1962).
L . &Thesewords wen: substituted for the words "any person whos
name is included" ' o j section 2(1) (c) of the Madras City
. Corporation, Districl; Municipalities and Panchayats (A
Act, 1968 (Tamil Nadu Aer 6 of 1968).
I

7: +
bT4ess words, brackets and figures were sub
bqr.words " the coamhsioner" by ibid.
0

- *-r- - _ __ _ _
-----____I
- - ---
+
. --
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I
\
I

nation.--The power conferred by this sub-

on the person so authorized shall include the
I
 LatestLaws.com

. (2) Where after the ele

hundred aild fifty) divisio
tions to such rolls have

shall, in order to give effec

dar ies, rearrange and republish in such manner a
YStatel Gsvcrnment may direct, the electoral
for each of the divisions concerned.

the result of the election for that division is no

roll for that division @[

--
I The words "one hundred divisions" were substituted
words ''fifty divisions*' by section 15(ii) of the Madras City
cip3 J(Amendment)Act, 1958 (Tamil Nadu Act XXXV of 195

These words were substituted for the words "the

by sectio? 2(2)(b) of the Madras City Municipal C
rrict Mu~licipalitiesand Panchayats(Amcndmant) i c t ,
Nadu Act 6 of 1968).
4 This word was substituted for the word c6Provincial'' by the
Adaptation arder of 1950.
5 This sub-section was inserted by section 31 (ii) of the ]Vladrae
City Municipal(Amendment) Act, 1961(Tamil Nadu Act $6 of 1961) ,
The words, figures and letter #'or for any labour electoiat;
tefcrred t o i n section 46-B"aand the words '(or labobr electorate**
wereomitted by section 15 (iii) of the Madras City Municipal
(Amendment)Act, 195;8(TaxnilNadu Act XXiV of 1958).
 LatestLaws.com
LatestLaws.com

(a) to be c : l ~ ~ ias ~ !a col:nciiio- ill respect of

of the '[oile i ~ i i ; i i i i t . , i L i ~ n d3Fty:j divisiollnl seats,
. - - - - - - - - - - - - ~ - c - ^_

words, figu1.e~;~ndletter "or for xny Inbot.ir electorate

to in sectioti 46-1;'' and the words ICort3y ths I:) bovrelecto-
aned" weru ~ n ~ i t t bye d scction 15fil!) of t h e Madras City
a1 (Ameladnre~~t) Act? 1958 (Tami! Nndrt Act XXIV of
 LatestLaws.com

(2) N~. ,
n t ] be
~ ~ ~ ~ v e r n r n eshall i.::~
~ O1'. I ~ holding office as a
qull:ifictl-*:?r C I ~ ~ C ~\:lL
:5; s n shall not apply
8
$@-- %[
: ,
-
; :
m .! . -
.- 8
- which does not
,A, "W

. I "

-
I , _

invi7ivi I,, .-: ,

* >

?--'dents,
* namely:-
: ;; 3 whole-t~me'[ser-

#_ -...__
. - -

. . ,% -

4.

-.- -- ---- -------- --- I ,--"-I--------

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LatestLaws.com

'

, .r;, .-.....
:a

s-7.9

' (2) A person shell be disqua8fied for election

r CO-optiol~)as n coa;?ciI!i--r 4(
such PtXSOll is at t?.: :l?,ic: of nc.miliaiion,el@ction
I

--- ". - .. .., . , . , . . . I. .

.,.I\... .

words were sub.3titutc:l f3r the words or appoint ,

8 d 0 n 330 ) of thc F4a:;rar City M u h b l (Amend.
1961 (Tamil N a d Act
~ 56 c?f1961).
 LatestLaws.com

by himself or hi
(c) directly or indirectly,
par:nor, in~erestcdin a subsisting contract made wit d 2

or any work being done for the corporation:

Provided that a person shall not be deeme

to !lave any interest in such contract or work t
rea:.on only of his having a share or interest .in-
(i) any lease, sale or purchase of irnmov
ble property or any agreement for the same f'
(ii) any agreement for the loan of mo'ney
any security for the payment of money only ; " . , " I -

(iii) any rlewspaper in which any a

Inem relating to the affairs of the co
#
inszrted ;
(iv) any company or associ
incorporated or not, which contra
~ 0voration
1 for lighting or supplyin
paA of the city or insuring against fire any prope.
of the corporation ;
(v) any company including a ralla
conr3p;mny; or
si11e to the corporation of E
(Y;) the-
ariicli,s jn whicl: :ic :.eg:uiarly trades, or the PUSC~.
&.

fit:cr {he cosp~~-:!,tiot~ of any articles :

(d) empio yed :I*: paid legal. practitioner

b;!; .it\' of tho 1:orpor~ticn or as legal . practitio
3(<:lil:~* cc)l-pork~tion
;

a ! -presentative or officer of
I[(&)
a;,F,ociationor :i nior: rcpresenfing, or purporting
rf7pr0!:ye1~t, 31 .,.
any sl -i +;on of the corporation establ
meni c.r any c?.;5s of employees of the corporaticn
c
*-.
.- -- _I U_---

1 This clause IY:)F insertsd by section 33(ii) of the Madras

>,.u?licipal(A~xendiiwnt)Act, 1961 (Tamil Nadu Act. 66 , of
. 196
 LatestLaws.com
LatestLaws.com

P he word "either" was omitted by sectidn 18(P) of the M2di.a~

City Municipal (Amendment) Act, 1958 (Tamil Nadu Act XXrV of

aThe words "or an alderman" wcr e omitted by scction 2(1), ibid.

4 These words were s u b s t i i ~ . c ~ ffor
, the words '"or apj~cii+:r;,cnt'
, by section 33(i) of the Macircis Cl!y Municipal (Amenrlr,, 4ct,
4961 (Tamil Nadu Act 66 of 1901).

3
 LatestLaws.com

118 Mridr.us City d4irnic@u.l [I919 :TtNtAe

Corporalion

l[(4) N o ~ ~ ~ . , X S Owiiii
II i? :iiiqunlified under section
71 shall. h.2 iliidified ft: :. ch:ct~on or co-option as a
Counc/jlor lung 9 - I i.- ,I .,.?:.I:
:
;[
, ificitiion silbsists.]]
, !

bisaualiiicatio* 53.'[(1) S~,bj~;ctto t t ~ :i ~ i . n j : , j - ; iof

in~section 54, a coun- :
of councillors
end aldermen. cilior "C ] shall ;:.:;L i~ hold ~ l f i i BS ; ~ such, if
he-
(u) scntcnccd uy L i ciirilirjal court to such
I:;
punishmer,t and for stich i b i ~ aeas is described in sub.
section (I) (ji .>cciion52
J- <? 1

(b) beconlcs n f i ! : w i n d mind, a deaf-mute, or

1

ltper ;

(d) strbject to t i .- 12. t)v;so to clause (c) of sub.,

~. ~of
a e c i i (2;, 5 ? ::-, J -3;:::s :.~;p ic-ilere.;t directly
~ ::eclio~~
or indircct!j,,by hi~:l~i;ll' .nil; , * - j:;.trini.r, in any subds-
<.a

zing contract made with, u i work boing done for, the

norporaticn ;
(e) is employed 2 s pzid legal practitioner on
behalf of the corporati-11 or accepts employment as
legal pracritioner agaiI;:,: t l ic corporati,ln;
or officer of any
el[(ec:) ijccollles L ru, ,i ,-:..yifiiati~e * I -

I\ssocialion or anion I,: *csc:iting, or purporting to

represeilt, :iDY section t - : i d?e corpsration establish.
incn: or a *lyclass 0 .3!F~~:)!.';Yc~:sof tllc colporation; ]
__-__ __ - --I ----
- ---- - - - - --. -- -- - - .-.--
I This sub-SC;~~DE was sti!:.. ': ii:d for ~r;.';i,,l sub-s=tion (4) g
section 4 of th.: Madras 13itj -,:lCipa1 Corporation and District *
~ ~ ~ i d p a l jimondrnerii)
iri~a .'i:t, 1-25I (i%mil Nadu ~ c 10t of 19623.
s his sul~aectionwas s ~ b i t ~ i i ~fa t c dthe liiginal subsection by
&ion 3qi) of the Madras city hfunijpsl (&endmeat) ~ c t 1936 ,
(Madras Act X of 19361,
8T & words "or alderman" were omitted by section 2 (2) of
&fa&&&sCity Municipal (Ammlment) Act, 1961 md
M(31V of 1968),
ioserted by section 3G) of
Act, 1961(TaM Nqdu Act 66 of- $ - -.9* - ~ ~
a&
pi
d
Ih
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bdras City lllrnfcipa\ 119

Corporaiion
(f) is appointed i.f.! ally o@ce or pose referred
to in clause (e) of sub-s8:ction (2) of section 2 ;
'[(g) is disqualilicd under section 7 1 ;]
(h) ceases to rs:::(?cin the City ; a[ 1.

LL~ upon hj~nunder this&, or

\-d
' ~ ' ~ ~ Act t h i t~~ orequire
~ o d.~es t
ice or direction, w j ~ h i nthree
sibiiuiringpayrrznt of the arreag
b.: the duty of the comlnjssioner
st possible detc) has been duly-
served upon him by tile &*ommissioner ; or]
( i ) fails to attcn
the rnee~irlgsof,thc coundl
:onsecuti~.emonths beginning
c~~rnrncnceme~zt of h;s t i 1 n . ~of
office or of the last rnccting he atteaded as the case

--
9

-- -. .- - - - -- ---
8 This claw~
was substitutfil for original alauqe ('g) by section 6(i)
ofthe Madra~City Municipal i:orporation and District Municipalities
(Amendment) Act, 1962 (Tamil Nadu Act 310 oT 15 52).
3 of the Mzdras City
Act I V of 1941), re..
f, m d the Fir~tScbedulc to, the
ng (No, l) Act, 1948 (Tamil Nadu

-8 his clause was inserted b : r TazoiI N6d u Ace I V of 31 941, ibid.

tion 19 of tho Madras sty
amil Nwdu Act ~ I of v1968).
 LatestLaws.com

xzt
4'z.,
1V :
,$ ,
>.
t1
i ly

.#
I& MQrirosCity Jftnlicipul [I919 :T.N. Act
Corpor~liebn 1

3. t I

(3) WE-re 3 person ceases to be councillor '[ 1:

Llllde~cl;~-u~,e ([I) or 2[cl:!use (g)] of sub-section (I),'
llc shcllj i-estoredto ciiice for such portion of the
period for ivkjc.!~he was clected '[ol. co-opted] as may
remain unc.clrjred at tlic di.te of such restoration, if
n se~ltcnceor order is annulled on appeal
alld ~ . ] l r t!~e
or revisioLl or '[the di:cqualification caused by. the
sentence oi. incurred undcr section 71 is removed
by an orJer of the Statc Gnvcr~~rnent]'[and any person"
elected] '[or co-opted] to fill the vacailcy in the interim'
shall on s l ~ restoration
h vacate: office=].

(4) In the case o f a person who has ceased to be a

councillor '[ 1 in consequence of failure
to attend meetings the matter shall be reported by tQ4
eommisiiotqer at the sfnext ordinary meeting] and the
council m:ty at that meeting restore such person
office. . f

-- .-- .- *"'
. I

\+

'I'hc words "or alderman" were omitted by section 2(2) of tho

Madras City Municipal (Amendment) Act, 1958 (Tamil Nadu A 4
XXIV of 1958). iii 1

?'he word, letter end brackets "clause (g)" were substitute4

for the word, letter and brackets ~clausc(n)" by section 30 (ii) (b)
of ths Madras City Municipal (Amendment) Act, 1936 (Madras Act
X of 1936).
a These words were substitilted for the words 660rappointed" by
section 34(ii) of the Madras City Municipal (Amendment) Act, 1961
(Tamil Nadu Act 56 of 1961).
These words and figures viere substituted for the words "the
disq~a'iilicationcacsed by tlre ~t':~ttriceis removed by an order of t h ~
State Govcmrncnt'' by section :;(ii) of the Madras City Municipal
Corporation tmd District hluniripali t 'es (Amendment) Act, 1962
(l'arrlil N:itlu Act 10 of 1962).
(rFlese: i V ~ i t I 3W i X c addetl if-,*,i.,tion 30(ii)(c) of the Madras City
Pdf.~nicipal(A:neilctl nent) Ac f, 1:!36 ~ , ' ~ f a J rActa s X of 1936),
'rhaait WQi t.!, \Vc,fo i 1 3 ~ ~ : ' l t h~~ i, ljhcC!j(,~
rl y 34 ( i j ) of file Madras City
~ 1 t ) I CIS! ( fitmil N&a
Mufiicipfii (..$ 5 ; l ~ i j d i l ~ o Act: Act 56 of 1961). *
' The: wotd., "or an u l d ~ ~ r l i i'i ~, : c t kjinitted
e by section 2(1? tke
Madras City M u r ~ i c i p ~(Arni:.ixcirn;fst)
~l Act, JOsg (Tamil Nadu Act
,.XXIV of 19..8).
These *;volds were substituted h r the words "next general m s k g y w
a e i o - t ~3o:iii) of the Madras City Municipal (Ame~dme9t)'Act,
-- .
+. -- . - 1936 (Matma Ast x ~t&936), *. ., V-

. * 1

" ' ^- - 'h*^--w--t@&& \ *

t2
 LatestLaws.com

[53-A-2[(1) Notwithstanding anything contained

* the Indian Oaths Act, 1873, every personamrmatian
wJ10 elected or co-opted to be a coun- to be made
cillor shall, before taking his seat, make, at a meeting by co~ncillors.
the council, an oath Or affirmation in the following

,
elected a councillor
1, A. B., having been .-----
co-~pieda councillor
swear
of this council, do - - - in the name of ~ o d
-

I will bear true faith and allegiance to tl, P Const*-

tution of India as by law estabiislied, t h ~ I will
uphold the soveseigilty and integrity of India arid
that I will faithfully discharge the duty upon kvhic.
I am about to enter.]
(2) Any person who having beec 3(elected or
co-opted) to be a councillor 4( ),
fails to make, within three months of the date on
which his term of office commences 01. at one of the
first three meetings held after the said date, whichever t

is later, the oath or affirmation laid down in sub..

I
section (1) shall cease to hold his office and his seat
shall be deemed to ~ I ~ Vbecome C vacant. ,

(3) Any person who has beer1 "(electetl or co-

opted) to be a councillor d( 1
#hall
___.
not take his - - sent at a meeting of the
--- ----------_- _ ---co~~llcil
- --- 0;
1 This section was inserted by section 31 of the Madras City Munici-
pal (Amendment; Act, 1936 (Madras Act X of 3936).
a The words " or elected an alderman '" and elected 6c

alderman " in the original sub-se~tioll(1)were c ~nittedby sectioll

20 of the Madras City Municipal (Amendment) ha, 1938 (Tami: <"
~ a d ~u c xXIV
t of 19583. The words " elected r r co-opted " were
sllbstitutcd for llie worflr " clc~tcdOr appointed " b y sec:ion 35 (i)
of tile Madras City M U I I I C ~hkbi+i~L~~leni,'
(L ~~I Act, J961 (Tamil Nadu
"
t 56 of 1961) and the cxprrllssio~i - - -
elected ;l"r;ouri~illor"
- ---
' ' C O - O P ~ ~3 ~coilncill<?'

, " elected a ~ouncillor

itlted for the exprc ssion -- _ _ _ _ _"_
appointed a councillor ''
 LatestLaws.com

do any act as such coulloillor l[

unless he hiis naiade the oath or affirmatim la
down in sub-r,ection (I)*

(4) Notwi:iistancling aaytbing contained in

sob-section (3) :i Mayoi or Deputy Mayor OT the
chairman OF il i.leabe$ OI :i3 [ s canding committee],
who has ncnt rc:;do thr. oa!h 6r affirmation as a
courrcillor 'L [ 1 shall be entitled to
act as such ivhyor, U e p t l ~ y.M:;yol, chairman. or
member :

Provided that he rxakes the oath or afKrmatim

and take:: Ills v-~it at thc first meeting of the council
which i!c ;~t.te~lcls within two months after he is
elected ;IS a R~l:cgor, L:i:puLy Mayor, chairman or
member, as tlit~{-;!se may hc.1

Decision of 4 () , - 7 i! is alleged that any

quatiom of
disqualifi-
person wha h:!s been , -e l '[or co-opted] as
cation of a coranci !lorw ] is disquaiified
conncillors - - - --- . -. . -- " . _._____---_I__--
and
aldermen 1 'I%e words " or alderman" were omitted by section 2 (2)
by of the Madias City Mnnicipal (Ameadm'ent) A& 1958
.Judge of Uamil Nadu Act XX1V of 1358).
-smallCause
Court.
a rhe ~vores " comi:-rittee coi~ctituied under this Act " w e ~ b
substituted for the words " ~tnndingjcommittw" by sedan 101
of. and Schecrlule I to, the Mariras City Municipal (Ajmendnrrmt)
ALL, 196 1 i ' l . a ~ ~ ~P!adu il A L ~5 5~ of 1% 1) ; and the words
" standing C C : ~ \ I Zi lIl i t \ :
*' ;::;..;.I sub ,lituled for the: words
'rir~;6:

" commiitec: cx)rrsi!:iiif-il ur.t!( r t l :, .Ici " by section 34 of, and

Schdulo 'i tc:, 11x2 hZsdr~r;City Murticipal Corporation and.
Tamil N;;tfu ::'sti-ic'. ?dm' -i; : ; t i k - , - (Arzendmeqt and Extension
of term Q , ' (;'ti, 2) A c ' , i9'il , :': : i ! NaJu Act 22 of 1971).

3 Thew words kvciti i d for t h wards "OT

~ppointmd" by seciion 36 i.I the Madras City M d c i p d
(Amendman!) Ae!, 1961 (T:!zt~ili'iadu A%t 56 ef I%1).
f.,
+t
.
g$G: wo& "or elect& a. am alhrmanv w m osnittd b y
;F.
sootion 11 W hladrao r t j M
- ------*19S3- flaknilofNatlu
&*%~f-----.
I
pal (Amt!ncb&at)
A,@ )IXW of 1 ,.t ; - { . ,.*,:
.
% AT
- - -Jl *,- .f 4 *.err."

@!?
 LatestLaws.com
i .- . -- ;-, **""* ,&&$-&

1919 i T. N. Act IV] Modrilr City, B h g i c b l lil

Co:porat ioit
.;:c if$
under s x k n 52 or section 53 [or section J3-Al i:~k.,fi.j,.~ir
cs not admit the allegation or -fi'~~kiluw@
henever any councillor 2l ij. ..is '
9"

mself in doubt whether or not he has become 1

squalified for ofice, such councillor i I

r any cther councillor 2 [ I may, and
le comniissioner, at the request of the council,
,'
m the 4 (State Goveniment)]
~1x111apply to the Chief Judge of the S~nallCause k,.:
. Wi '"
P

(2) The said Chief Judgey after making such

quiry as he deems necessary, shall determini ' - ' .
* . !.l:.&$
' 3 ;gg{
whdher or not such person is disqualified under ,.': ib:
section 52 or secbion 53 5[olasection 53-A] and ,

his decision sllall be final.

' !(3) LJntil an application has been made
under sub-section (1) and a decision thereon has been
obtained, such person shall be entitled to act
as if he were not dfscjualifiodj.
- ---- ------ -C- ----- -- --- -- .. . --- -1

@r W i - inserted tiy semion 32 (i)

mipal (A-nclldmcnt) Act, 1936

BTke wwda or d d e i ~ "

*' ~ a emitted by setion 2 (2)
~ ~wore
~f the mares i?luniM@I ~Ameutim0ht) Act, 1958
(Tamil Nadu Act X X l V of 19s);

n e s e woids welt? i n ~ c r l P d by scrriotl P i i ) (rl) of rhe

Madras City Mur~icip;:i ( t \ r n ~ n i l m c ~ r .dot.
) ,
1 % ~ , ladras A C ~

* The w x d s ' I . , I 3 : . :;t\h+:iituted for

the words .'?.om! f;l+b~::flqia't"
1 , 1!22 4.1, n t ; t [ i n l l OrdCf Of
1937 and the word "S:&lie" was st~brtit:itcdior lm\rinAl $9 by L6

the Adantation Onlel- crl 1950.

These words, figurea 2nd letter wetb iilcirtcd by s e ~ t i ~ f i

32 (ii) ef the Madrar Cily 34uaiciptI ( . 4 m t e b o i l [ ) Aat. 1936
(Madns Act X ef 1936).
\

f#l
for ori&ml s u b - e t i w
,- " j ? i
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LatestLaws.com

i appoint in that behalf :]

,
 LatestLaws.com

9 ;\g&.,
. .f.
It, he fixed by the Commissioner
to take place on such days within three months
t
before the occurrence of the vacancies as he thinks
-t 1

Government may, for

.t the State
I t causc, direct or permit +he holding of any
OrGInary election after the occurrence of the vacancy.

(b) A- casual
a*. .-
vacancy in the office of an elected
e fjjlled at a casual election which .
, shall, subject to the approval of the state Government
s
be fixed by the Commissioner to take place
as soon as may be after the occurrence of the vacancy:

ed that no casuel election shall be held

to fill a vacancy occurring within six months before
. J
'

by enlux of time and that such

of ict;~+el;~:nt
vacancy shall he filled at the next o*rdinaryelection.

'[(2)]~otwithstanding any thing contained in

I*

i
this Act, the Stato Governntent may, for su@cient
A.

] councillor elected at a
casual election shall enter upon office forthwith but
shall hold office so long only as the counCillor in whose
place he i s elected would have 'been entitled to hold
--

1 Original sub-sections (2),(3) and (4) of section 66.were renumbered

' 3rn (I), ( 2 ) and (3) respectively of section 6 6 4 by sectim
Madras City Municipal (Amendment) Act, 1936 (Madras
* . < 6

I ' , -k*
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) .If a casual vacancy in the office of

councillor arises, the eleoted members
cil shall in accordance with the rules ma
the St& Government under sub-section (4)
the council as its councillor
mber of the Scheduled Casks or
s [or who is a woman, as the
case may be, and] eligible for b e i ~ elected
l~ as a
cc~uncillorfrom any one of the Jiv~sions.l

f(5) Jf, in any casual election held to fill a

3
casual vacancy in the oflice of an -1ecZed councillor
held by a persol vlhr: i:: a member cf the: .Schtdulad
Castes car the Sc!teiv' :? 'i'ribes s:.,2s the case may
be, a woqian, ;:1e pe: .c -- r,:ec{ed sn~c!-~rrZice is not
a person who is :. iblr at the Sched~~tled Castes
or the Sclreduled Tri'qi-O1, as thc i:sx inay be, OX a
bornan, then, t;ils ti^:::* i . f $he council
shall in accordance 1 ' i l l the rules iiiaiie by the State

- - --- --
--- - - -- - -.
This s~yl3--ecti< 9 :ti . .-!;:-?!cd 737 Y C 6.f:19 of tl>o Madra,
\i:
City Municr'tml Co:.!-,cr;,t' -, : ard T ~ # , I :l.!xdat
I Disirict ltfuniai-
palities (Amendment and fi'xfcnsion oil- f6:m ol: ofiice) Act, 1971
(Tamil 1 ! '' c I " f 1 r:~l~cn~ii-rg! sub-section
addect by s? .:;on ". [ii:~) '' "*E !:ilsc"r,9 8 l t . r h$iii7;cipal (\mend-
I m&t)Act,I%l C'I-ar-ii: "~i-l:i$~cl56o!l955):--
" (4) If a c a m d p;qcst-lr,y i f 1the oGcc of a co-opted rouncillor
arises, the r!~C';dd m ~ ; t : ' ~ h - ~r r fh? C I I ~ : ; ) + ~ ?$5.1111: i s accerdance
with the ru'lt-s mXc4s by 1/20 ?,$:fit: GOVY.~? .YSB~! tisdg; ~tlb-se~tjen
(2) of section 5, co-opt ro t'le counzil as its councillor a person
belonging to a S.ch&r~lelr ~ aQ~ :eligible d~ far hdng elected as
a councillor [roan any 01;2 OC ?he divisio~~s OF th4 circle to which
Such casual vacancv re'2lcs and the pb-sor? so co-opted shall
60 a mmbc;. of th;: circle c~:nmittec for such circle ".
These wcrds WCLC; F ~')~ti;::tOd for t$e words " and elig{bl@
for being c C I C C ~ " a% s p: :a.-rciltorfrom Tny or16 cf the di\isions
of the circ:c to wrhirh i!-$: cc.ruz,l v;8aancjJ relate or a woman
who is " by lec,"ion C: (:: s Madra.9 CCifv ?dunidpal C~rpe-
ration and ''.* M~dilfitj C:jf y Municipal Corporation (Am&-
m t ) %&, 1 4 / ~ (Tamil . N:Ldu Act 7 of 1973).
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'1919 :T.N. Act: IV] City Afuirl:icil,aZ

ibf~!rl,*ag- lE7 . . --
-,
C ~ r p oatt ior:
Tribes or, as the cn:\c I bc, ? Noman. and
eligible for being cicc!(><; ;!s it c o . ! ~ ~ c i ! Ei-o;?~any
one ~f the divisi~*~:..j

" (5) If, after a ~ z c l ~ o ri ! elcc'ed at

c a j ~ l a lclcclion held
-1

to fill a cdsual vacancy In i:* : oflice of a n clected councillor

for any division in a circle thwe is no clected councillor
belon'ging to a Scheduled Caste from any one of the divisions
in sucb circle and there is no councjJlor co-opted under
e o n 5 for such circle, then, the eld~tedmembers of the
'council shall, in accordance with the rulcs imde by the State
Government u n d a sub-seetic11 (2) cC s a i o n 5, oo-opt to the
oouncil as its councillor a f?.oi.on b e l o ~ ~ i nto3 a Sch~duled
Cute m d eligible for beirlg c!~cf@d2.11 c? cwnaillor from any
end of the divisions of such t':c!e and parjojl 50 to-opted
shall be a m&$r of th@ci;.c3 : conmittcc for such circle For ".
the said sub-mation (5j, tikc icl!;jwina s~ib-ssction r ~ a o ~ ~ B s t i -
tated by swtion 19 of i i x !.,I: Q City i..$ui~
L ip;d Corporation
. .
I,,
.
and Tamil Nadu Djzirioi '.:ir,.sjplil;;.; ( P L ~ I : ; ~ ~ : - P % Band
~
Extension of term of ~fiib:c):)I! cC, 1971 fl3mil N, du A.ct 22 of
1971):- -.

"(5) If, aftm a person i y ~ i , ~ & e d~ . ta casual election

held to 1ZU a casual vacancy ia ^th: o f f i e o l an elected ~ o u n d l o r
fsr any division in a circ'e. t'nzl-3 is 3 cleciod courlcillor
belonging to the1 Scl eclt.!~<r, :.; c r ' i ! ~ ,' .;kc;1lllzd T ~ b e sfor
any one of the divisions i n ?5?:3 ci-.dd, s: , i :octz ofice of an .C

Uected couwillor was I.cTr? ;.:I R x-{orr,;an if th!:

--1t,! person
elected lo silch office is !1::1 8-:,3c.~n, : +.. :e t : c , - ~ : . i faem-
bets of tha council shall irt ' * ,:-:,~!?CCJv"': t i , TLIIC'; mad? by
-
,( a

the State Government I J V ' I C ~ ' > .;-tior) . . -.cctj::l;

, < r

5, co-opt
to ill* co:lt~cil as 11q c r "". 3, p:% - :~-n!wr* ic\

of the Schcc!lllt.ti ihqi(

s ($1 * t tb.i!
-1
$11d ,,;.;!,I@ for
being elected a? a C O I . , ; C " ~ ~ ;1;11,r !?:,- c: , ' iOll3 Of
m h circle or as the casc 1;:: *, . . 5 ~ - o m 8y !s ( l:)-ihl(: for
*\

being bllected a8 a c0unei'~i.r ' -,r n y ci- . di7- !: , ) ; (3 '3,

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LatestLaws.com

* 128 lkf~drc~s
Ciry Municip
8k Corporct ion
. -
- 1E:
I
[(GI The {termof office of a councillor
f ~ n t l c r~111)-scction(4) or ( 5 ) shall conti~iuefor s
1
4t11lv ill whose place he is co-op
; I S titc L-otl~~cillor
! I 1 1 I i i to
11:ltl IItbf ,~'*'8tlrtmc'i.]

*
miat Oltkcl
-
;t

inaka arrange-
"55-B. ( I ) Notwit hst311ding anything contained in
+
antsfor clec- clnuse (0) of' sub-section (I) of section
rg3.
Special Officer shall cause arrangements for elections
!
to be conducted, so that the newly elected '

,-
may come into office on a day ?l&ithin .-ad.
*L- " &-C.
one year from the 30th day of Novembcr 19741 : -
- ---.
I

Provid~dthat the State Goverllment may, b

I

- I
notificirtion, extend the said period for a furth
period not exceeding six months. +.
. ,

were si bstituted.]

" *r-- -
 LatestLaws.com

held 1 '[section failure oj

"AJ? the retirille connc~lloi1 , ;!,i /jiiig to serve, election.
e deemed to have hccn rc-cjcctcrj,

(3) The term of office of a i.oul:cillui [

Or deemed to have been re-elected1
under this section shall expire at 'he tj,, at whicll it
would have expired ifhe had hecn elected at the 0l-dj-
nary or the cas~r:ilclertion, as tile c:in!. nlhYhe.

'66-A. If tkleic ;in uqualil v y,te, between p, ocedure.in

two or more caadidates, the iommijsicl:ei CBJB ofequ.
decide by drawing lots wliich candid; 1 si,ill/ be deemed ality of
to have been elected.) votes.
I

' f57. (1) an). poison liar bccii lc:tCri j j r two Eketion of
91. more divisions. he shall, witliii; three days from same pop-
the date of the last of such circi ion6, illtiinate to for
the commissionm. i i!, {iivision fi i~ more than
j

- --..._- --- -- .. .-- -

--_r

-
L *% I

-IL-

This exprcssiol~~ i : s~11:,:11:;red

? fol. 11.c ~ , o l ..ir!ci
~ i ti(;LlleF ' 6
section
6b " by smfioli 34 1 llc I S C i t y h j ~ ~ i ~ j~~~; ~j ~l ~~ ~ /~ ~ l L ~ , , i c n t ~
Act, 1936 (h.ladr::s A c l X of 1936).
' This sub-section ~ i i substit~~ted
s for origjqaj sub-seclioll ( 2 ) by
section 39 (i) of the .Madras City Municipal (Amendment) ~ , lgbi t
(Tamil Nadu Act 66 of 1961).
a The word " appcinted " was omitted by sertion 39 (ji), ibs.

on was omitted by section 23 of the Mpdras City Munjcjm

t) Act, 195.5 (Tamil Nadu Act XXIV of 1968).
 LatestLaws.com
LatestLaws.com

(2). Tn
. default o f such intimation,
o r r ~::1 i . : I b y icl run(! i ~ o t i f ythe
sl:aii
I,? ~ - ~ ~ l l ~ l s s ~

. , i v i s i o ~ lk ~ wllicll
l- .;lic;i , : C ~ ~ O I slid1
I Servo.

(3) 'The said person shoJ1 be deemed to have bmn

e!c~ied only for the d i v i s l ~ gSO chosen or so notified,

Hotifization U P I ;j ticrns ui' ~ l May

;:ib.. i ~ oi."ralld Depnty
'ldCtions and
, ~ppoiutments. MR,).~SJ p lc ~i u~i ~~ c~i l l~o )r ~
I ~ S3 ( ~ ~ - ~ Df
:ilj(i:;ii S . ~ C C ~ / C01
, 1 1 :iI e l(0fRcial Gazette).]

maks election

(2) t prejudice to the generality of

(1 ) s - ~ rules
s~~b-sectioll h may---

~
I 11

- i
__ ___--__ - - -- - -.-- - -----___.-._-

,?isscclic:jr:(yL:(- slib\titi!te~if ~ : .tile (11-iginalsectio:~by section 37

1-1 '

of tili ;1aJl.;~j C r y .Vlvr~ici[)al(:\"lr;c;.r~cirnc.nt)Act, 1935 (Madras ~~t

X sf 3936).
Tj:csc \;oj il. i : * ~ i $ substit~ilcd
; 10!' :he tI'0I-d~" fleputy Mayor and
at&:ln!nll " {jy -,.,.-"li :n 2.7 c!f ti: : 1. i ' k t l':is City id:lllicip.&i (Amend-
IE(:at) jLcl, 153:: < T r , r ~ l Nadu
l 21.I SXLV of 19G8).
:i 2-hlr wcicj w3s euilstiluted i'o! rlte ~ o r d " appoillt1uents " by
section 40 ~f ;be Mndras City !gl:~nicipal (Arneild,~lcnt)~ c t ,1961
(Tamil wi,i!~~
i t c ; 56 sf 1961).
4 T!lese a>o;.d. were .ubstitutcii words
i'Or iklc 66 Fort St. George
(;azertew by t i c /Iiiptation Ordci- of 1937.
i The woled~: l'l3vincial Ciov~:.iltuent" were substituted for the
b r

words c"~i3cai <lcvernmentW by the Adaptation Order of 1937

and the wol-d " Statc" was substituted for '' Provincial " by the
Adaptaiit;~3rder of 1950,
i ~ substituted for the words '' divisional and other.
were
G These ~ y ~ , r c
elcctioll~" by szztion 38 (i) of the Madras City Municipal (Amend.
Act, 2936 (Madras Act X 9f 1936).
d substituted f u l - the word " appointments" by
7 ~ h i ~ w o ru;;is
section 41 of l a c Madras Ci:y Municipnl (Amendment) A C ~ ,
3961 t.1; r ~ ~ j !'+*,dl,!
'l Act 56 of 1'161).
l of the Madras sty Munici-
8 clause ('r) W::S (1inittt:d by s e c ~ i ~?. ;(9)
pal, District hIunicipnli1ies ant! fdocnl Ruaids (t\mcndmellt) A C ~ ,
1938 (rvlndr: s Act 3 3 ~ j 3f 938).
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- A
--
9 : TeN. Act IV] M ~ d r ucity f';!aic$al 131 -p
Cmporatic:z
(b) provide for the adjudication by the Court of
Small Causes of disputes [ . . . . . 1 . . t

f [ elections or 3 ( co-opl-cns )j ;

(c) pmi-ide for all matiers not esprejb- pr~\-ided

far in this Act relating to the election of the Mayor,
the Deputy Mayor [ or councillors] including
deposits to be made by candidates standing for election
as*council!ors, and the conditions under which such
deposits may be forfeited :
Provided that the deposit req $red shall not
exceed one hundred rupees.
* * * ,I.
* $:
" 1.
* :t: .*. 1.
EZection O ~ ~~L( J Y. S .Z
...
- The words----- " .,-
.I,
'
1
'
2 !
----. ---- - --- -- _ - ._- -
---- " .- - - . _
1 rcl~lirigio elcctor;il *' rclll:: 01
\,<r; orr,iited by
smtiorx 2 (9) of t i e M , . i i ~; S CitJr Ma:riui:~; I . ~ i s c ;Muilicipali-
ties and Lot:;! J3>A.rds(Aii~l;:~dment)Act, 193, (fvfttd-:is Act 11

3 These words wei i:substittited for the w ~ r d" elections by sectiox! ?'

38 (ii) (a) of the Madras City Municipal (Arr,eild;uent/ ,An, 1936

(Madras Act X of 1936).
3 This word w'is suktil u t ~ i ifor the word ;ippointnlen!o " b~
'$

section 41 of the h2;lrfr~s City Munii:ipxJ (1lri12ncg - o f ) Act, 1961

(Tamil Ntdu Act 56 of 1961).
4 This was added i9)r sxticm 38 (ii) ( h ) ~ f ' i i M:lclras
~c City Mullicipal
(Amendmeul) Act, 1936 (Madras Act X of 1336).
6 These words were substituted for the words "c~uncillors c.,
aldermen " by section 26 of the Madras City Municipal (A mendmen tf
~ c t 1958
, (Tamil Nadu Act XXIV of 1958).
8 he second proviso which ran as follows was omitted by section 2
(i) of the Madras City itvfunicipal, District Municipalities and Local
Boards (Amendment) Act, 1939 (Madras Act XXI of 1939) :-
'a Provided further thitt no deposit hall be required froin any
candidate in respect of a seat reserved for members of the scheduled
castes or for labour."
I Sections 60 to 65 were olnitted by section 39 of the Madras City
7
I

\ Municipiil (timendsnent) Act, 1936 (Madras Act X of 3936).

4'
UY
125-1 3--- 9X
0
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Infringement 66. [Every otlicer. cl-rk, agent or other person

of secrecy of ixrfur171ing any il a t ) i r coniisctioli
~ with the rzcordii~g
election. ::I ;rn elcc~iol~]
vc countit~r:o f ~ : ) i m \k:\iilo, cxcept Tor
jolnc n*r&\i: auihorized by i : ~communicates
, to
any peison an), iat'ormutior-i zilowi1lg directly or in-
directly for fllhicij cal~tlidntcarlj wtcl- has voted, and
i
.
every person whc, by :iny i~llpropcrmeans procures I

any such infornia~ioil, sl-dl be p ullibhed with imprison- i

ment of either d-acsiption which may extend to. six !
months or. with firic; oi- with both.
I
:dintmum "6-A. anything colltair~ed in
E.iot\viths~aildii~g
penalty for section 171-F c f the Indian Penal Code (Central Act
personation
at an election. XLV of' 1860) m y pcrson who in connection with ' \
at1 electiorl untlcr this Act cornrn~tsa11 offe~lce of
perso~lation p~~ni!;hab lu under that sec:tiorl, shall
be punished with imprisonment for a term which
shall not be less than six months and 11ot Inore than
two years and with fine.

Promoting "6-B. Any pt:l-so~l who it1 connection with an

enmity bet- election urdcr this Act prolllotes or atterl~ptsto .L
Ween classes promote on gro~inc;.;of religion, race, caste, community 1
in connection
k, election. or language, kelirig~ of enmity or hatred between
different classes oi' the citizans of I~ldiitshall be pumi-
shable wjth imp-iwninent fur a term which may \
exte11.i to three yet:i.s, (II* with fine, or with both.

I
I Prohibition 66C'. ( 1 ) J pcibs(Jn sh:rll convene, hold or
of public atteild an!; pub! ic. 111c~Linpi i ~ally division within
1 meetings on
the day prece- c dnt o of c~mmencement
twenty-fi)tiI hc?i ! r s i ~ c f ' u ~Lhc I
ding the olec- of the pnli oi- 01' hi. date or dates on which a pol] I
tion day and laken i , I . :~i,$ 1 t i in f h n t ifivision,
the eloction
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~ ~ T ~ . : :A ' s;, :.,:~: . .. +
,' ~ : .. - . . ..
.A . , ,. . . . .."l.."l. r q i
fl-
.
p. , ..
2. --:*

- .,-, .
6

1919 :T.N. llct 1Y] Mudros Cify i i n i c i y u l 133

Corporation I
b

(2) Any person who contravei~lcsthe provisions

cf sub-section (1) sl~:~Jl
be punishable wit11 fine which
may extend to two i:undrcd anti fifty rupees.
'66-D. (1) Any person who at a public meeting at election
to which this section applies acts, or incites others to meetings.
act, in a disorderly manner for the purpose of preven-
ting, the transaction of the business for which ths
meeti~~g was ca llcd together, shall ?le -~unishablev$ith
fine which may ~ i i i . ~ i l Gru tsio h~mdred and 5;cy
rupees.
(2) This seztion applies to any public meeting of a
political ci~aracterheld in any division bctwecu the
earliest date for making norni lintion of candidates
for an election and the date on which suck election
is held.
(3) If any police officer reasonably suspmu
t any person of committing an offence under sub-
section (I), he may, if requested SO to do by the chairman
t~
&'
I : of the meeting, require that person ta declare
I- ,to him jn~mediatelyhis name and address and, if that
3: ; person refuges or fails SO to declare his name and
to$%

s: address, or if the police officer reasonably suspects

.' him of giving a false name or address, the police
A*
-7
*-
officer may arrest him without warrant.
%! >
F- 166-E. (1) NO person shall prii~tor publish, or Restrictions
the printing on
'F
F cause to be printed or published, any elc ction pamphlet of
+;
or poster which does not bear on its ;ace the names &a
and addresses of the printer and the publisher thereof.
r

f 9.
Fr
(2) No person shall print or cause to be printed
any election pa.mphlet or poster-
, %
(a) unles:s a declaration as to the identity
of the publisher thereof signed by him and attested
by two persons lo wl~ornhe is personally known, is
delivered by him to the printer ir, duplicate ; and
- -- - - ----
I Sections 6 6 4 t o 66-Nwere inserted by section St of the Madras
City Municipal Corporation andDistrict Municipalities (Ajnend-
meat) Act,,lN2 (Tamil >
Nadu A:t 10 of 1962).
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134 City Municipal

I?.fa~-Jrro~y [I919 :T.N. Act
Corporation
/
..
(b) unless, within a reasonable time afie
the printing of the document, one4copy of the decla-
ration is sent by the printer together with one copy
of the docyment to the cominissioner. .

(3) For the purposes of this section,-

I ,
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. ....---A .-

.N. Act: IV] llladr~rsCity Xunicipal 135

Corporatioa
(2) No such person as aforesaid, and no member
A a police force, sh.all endeavour-
(a) to persuade any person to give his vote
at an election, or
i
1 (b) to dissuade any pei-son i~*o:l.is i v i n ~ his
1
i vote at an election, or
t -
(c) to influence the voting of any person at
i: an election in any manner.
(3) Any person who colltravenes the provisions
of sub-section (1) or sub-section (2) shall be puilisha-
ble with imprisonment for a term which may extend
to six months or with fine or with both.
f.

1 '66-0. (1) No person shall, on the date or dates Prohibition

on which a poll is taken at any polling statioi~,commit of canvasring
any of the following acts xithin the polling station in or near
poLing stations* ,
. . .. or in any public or private place within a distance

i of one hundred yards of the poiling station, name1v:-

i (a) canvassing for votes ;or

(b) soliciting the vote of any elector ; 02: \-r==l:

(c) persuading any elector not to vote for any

rticular candidate ;or
(d) persuading ?ny clertor not to votc! at the
tion ;or
(e) exhibiting ally notice or sim (other that.,
an official notice) relating to the election.
(2) Any person who contravenes the provisions
of sub-section (1) shall be punishable with fine which
extend to two hundred and fifty mpees.

ctions 66-A to 66kN were inserted by section 9 of tha Madraq

cipal Corporation and District Municipa ];ties (Amen61
1962 (Tamil Nadu1 Act 10 of 1962).

&, '
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1919 :T.N.. Act IV] A1fudra.s City Jfunicipal 137

Corporation
Exp[anntion.--In this section, the cxpressioll
"polling officer" means the polling officer of a polling
station or if there is a presiding officer at the polling
sttition, such presiding officer.

'66-1. (1) Any person who during the hours Penalty for
$xed for the poll at any polling station nlisconducts misconduct
Mmself or fails to obey the lawful directions of the :!:tg!ing
polling officer may bc removed from tlie polling
station by the polling officer or by any police officer
on duty or by any person authorized in this behalf
by such polli~lgofficer.
(2) The powers conferred by sub-section (I)
shall not be exercised so as to prevent any elector
who is otherwise entitled to vote a.t a polling station
from having an opportullity of voting at that polling
station. .w%
e,

es-*

(3) I f any person who has been so removed

from a polling station re-enters the polling station
without the permission of the polling officer, he shall
be punishable with imprisonment for a term which
may extend to tllrcc months, or with finc or with
both* _ C --
(4) An olFcllcc paflishablc ~ n i l ~siib-scctioii
(- (3)
shall be cogniznble.
Exp~anatiol~.--~nthis section, the expression
polling oWccs7 has ii?c same meanijig as in sectioll
6

66-Ha

'66-J. (1) No candidate or his agcilt or any other Penalty for

person with the consent of a candidate or his agent illegal hirin~
or procurins
shall hire or procure whether on payment or otherwise of conveya~mes
any vehicle, or vessel for the conveyance of any at electioos.
elector (other thsn the candidate himsdf, the members
-- - .-
1 Sections 66-A to 66-Nwere inserted by sectrrtn 9 of the Madras
City Municipal sCorporationand District M unicipalities (Ame~d- I

ment) Act, 1962 (Taqil Nadu Act 10 of 1962).

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,
" ,
+

138 .&fa&as City Jktnicipal [I919

Corporation

(a) the
hiring *of a vehlde 01 vessel
elector or electors at their joint cos
him or them
the vehicle or vessel so hired is
t propelled by rncchanical Power ;

(b) the : ~ s e of ally public transport vehicle

or vessel or zny ra,ilVflaycarriage
his own cost. for the purpose of going to Or coming
froln the polling st?tjon.
~~~l~~~ t i ~ n , - - l ~ .this
l sub-section the expression
'vehicle' means any vclGcle used. or capable of being
used far ,the pusporn of road transport, whether
by a&lm"ical power or otherwise and. '

whether for drzwillg other vehicles Of 0~11erwise-

(2) Any Pe--oll who contravenes the provisions
of sub-sectinn(1) a: or in connection with an election
shall be punishable wit?-! f i q e which may extend to
two hu1;ldrcd a-r~dfifty r npecs
y person to whom this section
t reasonable cause guilty of any act
breach of his official duty, he shall be
fine which may extend to five hundred

(2)NO suit or other legal proceedings shall

lie against :in;{ such person for damags in respect
cif any su: 13 act or omission as aforesaid.
(3) rllc persons to wI101n this section applies
,.re tile rcti!i-ning officers, assistant returning officers,
p r a s i d i ~ o@cers,
~ polling officers and any other
-I-----c..-CcII ___L_.
1 Sections 66-A to 66-N were
Madras City Municipal Corporation
(Alllc~~d~nent)A a t , 1962 (Tenlil Nadu Act 10 of
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LatestLaws.com

I f 1919 :T*Na Act IV] 2 f ~ d i 4 n City

~ d l ~ e i i e i p ~ l 139
I Corporation
person appointed to perform any duty in connection
with the receipt of nomii~ationsor withdrawal of
candidatures, or the recording 9 1 - counting of votes
at an election; and the expression "oficial duty"
shall for thc purposes of ti~issectioti l)!; c o ~ ~ ~ t r t i c d
accorcli~lgly, but sha! i not il~cludctlut lcs imposed
otherwise than by or under this Act.

'66-L. ( 1 ) A.,y pci::ilji vsi\oa: :my cIcc;ii:r~ Ti.: r:du- Removal of

lently takes, or attempts :o take, a ballct papel- c?ut ballot papers
of a polling station, er wilfully aids or nbets'the doing from ,,,ion polling
to be , .,
I

orally such act, shall be punishable with in?p?.isonrncntoffence.

<d

+eJI-

for x term which may ex!-:-,:! 1- vne war or with fine

which may extend to five !?lindred''rupees 07 with
both.

(2) If thc presidin:: oficcr of a polling :;laiio~? has

leason to believe that a r ~ ype:-son is conirnittir~gor
has committed an offel~cepmni shable ur~dttr- 1.1 b-secf ion
"\ i
(I), such officer may, b e h e such person leaves ihc
polling station, arrest or direct a police officer to
arrest such person and may search such person or
cause him to be searched by a police officer:

Provided that when it is necessary to cause a

man to be searched, the sehrch shall be made by
ther woman with strict regard to decency.
4
g"?
@, (3) Any ballot papcr found upoil th.2 person
arrested on search sha3 be made over for safe custcdy
b a police officer by the presiding officer, al- wher!
h e march is made by a policc officer, shall br kept
uch officer in safe custody.

(4) An offence punishable under sub-section (1)

-- -
* Sections 66-A to 66-N were inserted by section 9 of the Madras
1

and District Municipalities (Amend

t, 1962 (Tamil Nadu Act 10 of 1962).
-
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~ .NO permon at an eiectioll shall--

1 6 6 ~(1)
\ ' fiaudulcntly deface Or fraudulently
(a\ destroy !

; u ~ ynomination paper ; Or 8

b ) fraudulently deface, destroy or orremQve

under
'

list, rlotice or other document affixedby

~ I L Y
the autho!-ity of ;j rcturi~ingofficer ; or
)ri-iludu1e.1fly or fraudulently destr0)h
311~h:~\:otpaper or the ',fici:il mat k on any ballot
paper : Or
(,I) with~utd ~ ~ u t h o r i tSUPP~Y
y any
onper ti, any person or receive any ballot Paper from
;,ly person or be in possession of any ballot paper 9 or
(), fi-audulcntiy put into any ballot box any-
thing ( , t l m ~than the hallat paper which he is autho-
j-ised S y law to pet in ; '0 $

(f) without due authority destroy, take, open

0 .theitvise interfere with any ballot box or bafl,at
paperr then in use for the purposes of the election ;,.
or - : >.:q+L , p a

( p ) fraudu'lently or without due authority;aa,

the case may be, atternpt to do any of the foregqink$
.,. :.i
acts or wilfully aid or abet the doing of any suc&$$@& w +G.,

., .+. *f*!"f & v;:

' . r -

(2) Any person who contravenes the proyslons

of sub-section (I) shall.-

---- -
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being co-opted as a councillor) or

orfice of' cour~cillor'(

...
jnznt may, by !~rdcrin writing requlsltion such premise
or wch v-hicle, vessel or animal, as the case may b
and may make such further orders as may appear t
them to be necessary or zxpedient in connection wi
:he rekpisitioning :

---
1 The words "ur alderman" were omitted by section 2(2) 0
Madras City Municipal (Amendment) Act, 1358 (Tamil Nadu
XXZV of 1958).

- -
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* , * ,-*:*bL* **;w;G?8*vw y
- -
~

- - -- --*- .A..----..&m,.~--*
c 6

as City LZiunicipaI i43 . *

Corporation
(2) The requisition shall be effected by an order
in writing addressed to the person deemed by the State
Govenunerlt to be the owner or persoil in possession
of the property, ard such order shall be served on the
person to whorri it is addressed.
y is requisitioned ul~der
U C ~ Irequislticn shall not
which silc:~property is
c:r:cs ~nerltionedin that

(4) In this section- I

* *'
& I
(a) ' premises ' means aI;y land, buildj~lg or
part of a building and includes a hut, shed o. other
structure or any part thereof;
(b) ' veticle ' means any vehicle used or capable
of being used for the purpose of road transport, whether
propelled by mechanical power or otherwise.
17143. (1) Whenever in p-ursuance of section 71-A Payment of
the State Government reqnisitioi~ any ~:remises,compensatir
there shall be paid by the C'c,rporatisn to the
persoils i ~ ~ t e rted
r s co~npensntioi! !hc amoullt of I
which shall bc determined by the Slate Government I
I

by takiiis into consideration the fc$llowine,namely :-

(i) the rent pnyable in respect of the premise.
qr if no rent is so payable, the sent payable for similal
premises ill the locality:
Proviclcd that tl?.: rent pcyabk i\l rcr:pe:t of' the
premises t o which the provisic;ns sr t h 2 YFT:imil Nadu)
Buildings (Lease and Rent Control) A: t , 1363 (2[Tamil
Nadu] Act 18 of 1960) apply shall se the fair rent
payable for thc premises under this Acr.
-- - - - - - - - - - - ----
1 Sections 71-A to 71-W were inserted in Chaptcr 111 by section
11 of the Madras City kluaicipal Corporatirti~:lnd District Munici-
palitics(Gn~endmetlt)Act, 1962 (Timil Nr.r!u Act 1 0 of 1962).
a These words Ncre substituted for I h r word " Madras" by
the Tamil Nadu Adaptation of Laws Order, 1969. n~ amended by
the Tamil Nadu Adaptation of Laws (SeconJ Amerldnrr nt) Order,
1969, which cameir to force an the 14tl~Jartuaty l q i ~ 9 .
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- -L--__.. - - - --- _ _ - . --.

1

.MeAct IV1 Lndras Qry Afanicipai 145

Corporation

referring the miltter to an arbitrator, the anount

paid shall be such as the arbit-
s behalf by :he State Govern-

Provided further that where immediately before

requisitioning the vehicle or vessel was by virtue
a hire purchase agreement in the possession of a
owner, the amount determined
er this sub-section as the total compcnsnt ion payitblc
respect of the requisition shall be apportioned
tween that person and the owner in s ~ ~ manner
ey may agree upon, and in default of agreement,
ch as \
such manner as an arbitrator appointed by the State
may decide.
'71-C. The State Government r a y , wil h a view to Power to obtain
operty under sec:ion 71-A information-
ompensation payable under
equire any person to furnish
be specified in the order such
sion relating to such pro-
perty as may be so specified.
71-D. (I) Any person authorized in this behalf powersof ,,try
by the State Government may enter into any premises into. and ins-
and inspect such premises and any vehicle, vessel or pection of etc.
premises,
ani~nal therein for the purpose of determining whether,
and if so in what manner, an order under section 71-A
should be made in relation to such premises, vehicle,
vessel or animal or with a view to securing compliance
with any order made under that section.
(2) In this section, the expressioi~s 'premises'
and 'vehicle' have the same meanings as in section71-A.
l71-E. (1) Any person remaining in possession of " i c t i o n 5 2r.l
any requisitioned premises in contravention ot ,ny requisitioned
premises*
order made under section 71-A may be summarily
evicted from the premises by any officer empowered
by the State Government in this behzlt
.- -
1 Sections 71-A to 71-H were inserted in Chapter I11 by section
ipal Corporation and District
t, 1962 (7amil N;du, Act 10 of
J
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Release of pre-

readily ascertainable or has no agent or

person empowered to accept delivery
the State Government shall cause a
that such premises are released from
affixed on some conspicuous part of
and publish the notice in the Official

in respect of such premises for any p

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- ..--A.

I
--
:T .N. Act IV] Madras City YuntLa>zl 147
Coqorotion

1
'71-G. The State Government may, by notification, Delegation of
direct that any powers conferred or sny duty imposed functions of
thaSteteGov.
on the State Government by any of the provisions of , , ,i,h
sections 71-A to 7 1-F shall, sunder such conditions, regalld to re-
if any, as may be specified in the direction, be exercised qllisi"i"ning*
or discllarged by such officer or class of officers as
may be so specified. I

'71-H. If any pel-son contravei~esany order made ~ ~ ~ o efor

lty
cnntrilvcntion
under section 7 1-A or section 71-C, he shall be of any order of
punishable with imprisonment for a term which may requisitioning.
extend to one year or with fine or with both.

Properly.

'[72 * :is :I :D
I
73. The council may accept trusts relating exciuw Limitation
sivelv to the furtherance of ~ u r ~ 0 s t to
. s which thePe-
I -

be applied.
I . , i
;"4:
74. Subject to the provisions of section 80, the Aawisition 6f
-x.
-.-
l.2
property and
commissioner may, for the purposes of this Act, ,,,A--- '3
of the corporation movable or
movable property within -or without the city
any interests in such property:,
-
-* - --
ongvl-A to 71-H wereinsertedili'chi~terITT hGaectb , ---, -*-L

nicipal ~or&rstioh'andrDistrict Hunici-

t, 1962 (Taqiil Nadp Ac:t 10 of 1962)-
pJ@j;%n Sectioa 72 was omitted by thk ' ~ d l p t a t i c bOrder
' df 1937. ,. *.,@4
."-4
-,. .+L* * ,
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provided that-

(i) for tlie acceptance or acquisition af any

l
immovable ps0p;rty if the value of the property which
it is p r w o s d to accept, acquire or give in exchange
one thousand rupee ;
(ii) for t,he taking of ally property on lease for
a term exceedii~g three years ; or

-- -.
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..rrlvi--- I-- - ---

.N.Act IV] -iW~dr~s

City Nrmj,c@a
Corporation
stance, or grant for any term not exceeding twelve %

onths a lease of any corporation immovable property

r a lease or concession of any right of fishing or gra-
and taking fruit and the like :
Provided that every such disposal, lease or conces-
sion made or granted by the commissioner shall be
reported to the '[s tandiug committee] within fifteen

2[(2) With the sanctioi~of the stailding committee

n taxation and finance, the commissioner may lease
1- dispose by sale or exchange of ally coqoration
movable property the value of which exceeds five
thousand rupees but does not exceed ten thousnild
rupees in each instance and of any corporation
immovable property the value of which does not
exceed twenty-five thousand rupees or grant for any
term not exceeding three years a jease of any corpo-
ration immovable property or a lease or concession
of any such right as aforesaid.
I
-
Tile words "central committee" were substituted for the words
1
conamittee" by section 101 of, 2nd Schedcle I to, the I
!
Madras City Municipal (Amendment) Act, 1961 (Tamil Nadu
Act 56 of ,1961); and the words "standing committee" were
again substituted for the words "ceeatrai committee" by section
34 of,and Schedule I to, the Madras City Municipal Corpo-
ration and Tamil Nadu District Municipalities (Amendment
and Extension of term of office) Act, 1971 (Tamil Nadu Act 22

2 The words '' ten thousand rupees " and "central committee).
were substituted for the words '' five thousand r~.lpeesw and "stand..
k g committee " respectively in original wb-seclion (2)
by section 43 (ii) of the Madras City MunicipaJ(Amendment) ~ c t ,
1961(TamilNadu Act 56 of 1961)and section 10 1 of, and Schedule I
t o , ibid, The present qub-sections (2) and (3) wer 2 substituted for
sub-sections ( 2 ) and ij, uy SeCtr~n20 (2) of the Madras
~ l t aunicipa
y ICorporati on and Tamil Nadu t 3 i s trict Muoicipa]jtjea
(Amendment and Extension of t ~ r mof office) Act, 1971 (Tami.1
Hadu Act 22 of 19711;.

>
&
. .<
Tfl

-Ji.,.
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any eorpora~onmo'able p~opeltYthe valu

, ' , exce&dsten t h o ~ s t n dr i l ~ k e ~ of any
immovable pro pert)^ the value of whit
twenty-fivetho usand rupees*] ..

taxation and finance] under sub-sect

that of the council under sub-section (3
given generally or for any class 0

corporation movable prop

in made by the '(standing corn

on taxation and finrrce) in that behalf.]
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objects not '

provided for
by this Act-

, <
. .
3

Contmcts. ... .;
.; .
'
,\&

. *"'$
2 , -
.J.'.
'.? :,. ;, $$,y
%
77. Tha cot~ncil may determine either generally Power of ?.@,
.. k*:
. ,
" ,I

to @
r any dass of cases or specially for any particular council
determine '
;J+,?
,7,%

e whether the commissioner shall execute works whethe wo rks -*.'.i:

in"-&-

P<~
contract or otherwise. shall be
executed by - (,$,

conttatd
Power
several autho-
rities to
sanctiw esti-
mates.

the amount of

ay be, sbll.be required and when the a m o m t of the cs ~' . m 8t e

~&sfifty thousand rupees but does not exceed one lakh of rupees,
e sanction oft he centra I committee shall be required. "
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shall be required ; and when the amount of

mate exceeds one lakh of rupees but does
two lakhs of rupees, the sanction of the s

casting
.-. W ~ r b ;
79. (1) Where a project is framed for the e*&uti
more than ' of any work or series of works the entire a t h a t
.[two lakhs of
gupeesf. ,,st of whic:h exczeds '[two lakhs of rums],-
. ,

(a) the iomrnissio~~crshall cause a detailed

report to be including such esthabs
drawings as may be ie~uisiteand the '[stan8
on taxation and finance'] shall lay the s
before the ccallcil ;

(b) the council shall consider the repcrt

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- ---&

I V ] .Ilatlras City AJfllrmicipni 1 53

Corporation
(2) (a) Where the council approves the pryiect,
and the entire estimated cost exceeds '[seven ::Ghs
and fifty thousand rupees], the report , subject to any
modifications as aforesaid, shall be submitted to the
'[State Government].

(b) The 2[State Government] may reject the

project or may sanction it either in its entirety or
subject to modification.
>

(c) The work shall not be commenced until

the project has been sanctioned by the 2[State Govern-
ment] with or without modification.
(3) No material change in the project sanctio~~ed
a s aforesaid shall be carried into effect without the
sanction of the '[State Government].

80. (1) The council may enter into and perform General provl-
all such contracts as it may consider necessary or sions regarding
expedient for carrying into effect the provisions of 'Ontracts*
this Act.
(2) With respect t o the making of contracts under
{or for any purpose of this Act, the following pro-
visions shall have effect, namely :-
(a) every contract sl-~allbe made on Cchali'
of the corporation by the commissioner;

The 'words"five laklls of rupees" were substituted for the words

two and s half lakhs of rupees " by section 45 (iii) of the Madras
CityMunicipal (Amendment)Act,1961 (Tamil Nadu Act 56 of 1961),
and for Phe words " five lakhs of rupees ", the words " seven lakhs
and fift)i thousand rupees " were subsfitul c c t y seciicn 22 (3) of
ttke Madras City Municipal Corporation and Tamil Nadu District
M'unicipaliiies (Amendment and Extension of term of office) Act,
I971 (Tamil Nadu Act 22 of 1971).
,

8The wdrds "Provincial Government " were substituted for the

words "Local Government '' by the Adaptation Order of 1937
and the word " State" was substituted for " Provi.wiia1" by the
.Adaptation Order of 3 950.
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(b) no contract for any purpose wim.. v'

accordance with any provision of this Act,

missioner may not carrJr out
'[or approval] of one o f the other munici
rities, shall be made by him unless suc
'[or approval] has been given ;

[(e)
not exceed
by the commiss~oner;

(f) no contract involving an expendi

ceeding fifty thousand rupees but not exceeding
lakh of rupees shall be made by the commissioner
less it has been sanctioned by the standing commit

unless it has-been sanctioned by the standing co

on taxatior and finance ;
-.--- -.--
IThese words were inserted by section 46 (i) of the
Municipal (Amendment) Act, 1961 (Tamil Nadu Act 5
Clauses (c) e ~ l d(d) were omitted by section 46(ii), ibld. - Ts
.-

Nadu Act 22 of 1371) for the following clause (e), whichx

substituted for the original clause(e) by section 46(iii)ofl
City Municipal :Amendment) Act, 1961 (Tamil Nadu Act 56 of
1961):-
" ( e ) evtry contract made by the comrnis '
fifteen days after i t has been made, be reported

exceeds one thousand rupees but d o e

rupees, and
(ii) thc c:ntr~lcotnmittcc ifthe
ten t housaud rupees. PB
 LatestLaws.com

aing two IaKhs 01 rupees but not exceeding seven

s and fifty thousand rupees shall be made by
..
missioner, unless it has been sanctioned by

( i ) no contract involving an expeiiditure ex-

ing seven lakhs and fifty thousarld rupees shall
be made by the commissioner, unless it has been
sanctioned by the State Go\*crilment;
(j) every contract made by the colnniissioller
involving an expenditure exceeding two thousand
rupees shall be reported to the standing committee
within fifteen days after it has been made.]
(3) The.provisions of sub-section (2) shall apply
to any variation of a col~tractinvolving ail increase
of *more than ten per centum on the expenditure
involved in tFe original contract.
' .

83. (1) Every contract entered illto by the corn- Modeofmaling

missioner on behalf of the corporation shall be en: - * - ~C Odf r ~dCfS.
l

into in such manner and form as would bind him

if it were made on his own behalf and may in like
mal~nerand form be varied or discharged : C-

Provided that-
(a) the common seal of the corporation shall be
$fixed to every cciltract which. if made between
private persons, would requil-e to be under seal ;
and
(b) every contrrtct for the executio~lof any ~,lork I

or the supply of ally n1atesi:~ls or goods which will

involve an expenditure exccedj ng '[two t ho~is:rnd
rupees] mall be jn writing and shall bc sealed with
..
the common seal of the corporation and shall specify-
( i j the work to be done or the mate~ials or
goods to be supplied, as the case may bc,
-- ----.--.----- ---- -
lThese words were substituted for the words "onc il~ousaiid
24 of the Madras City Municipal Cor.poration
istrict Mrl~~icipalities (Amendment and Exten
t

ct, 1171 ( T ~ n l i lNadu Act 22 of ,971).

>
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- e i .

t 1V] i71adr.a~City JI:micjpn/ 157

Couporat ion I

(2) Where the amount of any co~~tract does

not exceed '[fifty thousand rupees], the commis-
sioner, 011 receipt of the teliders in respect of such
contract made in pursuance of the notice given under
sub-section (I), may, subject to thc provjsjons of
section 80, accept any tender which appears to him,
upon a view of all the circumstances, t c be the most

(a) Where the amount of any contract

exceeds fifty thousand rupees but does not exceed
one lakh of rupees, the commissioner, on receipt
of the tenders in respect of such contract made in
pursuance of the notice given under sub-section (1):
shall place the tenders before the standing comnlittee,
which may approve any tender which appears to
it, upon a view of all the cjrcumstances, to be the most
advantageous, and thereupon the cornmi ssioner, shall,
subject t o the provisions of section 80, accept the
tender so approved ;
(b) Where the amount of any contract exceeds
,. one lakh of rupees, but does not exceed two lakhs
of rupees, the commissioner, on receipt of the tenders
in respect of which such contract is made in pur-
. suance of the notice given under sub-section (I),
shall place the tenders before the standicg committee
on taxation and finance which may approve any
'

tender which appears to it, upon a vjew cf all the

c~rcumstances,to be the most advantageous. and
, tl~creuponthc colu~nissioncr, shall, subject to the
provisionsof section 80, accept the tender so approred;
-. -
1 Thssc words were substituted for the words '' t wcnty-five
thousand rupees " by section 25 ( 2 ) of the: Madras City Municipal
Corporatioa~ and Tamil Nadu District Municipalities
~lnzndmentand Extension of term of office) Act, 1971 (Tamil
Nadu Act 22 of 1971).
2Tliis sub-section was substituted by section 25 (3) ibidfor
the following sub-section, namely :-
b p ( 3 )Where the anlourit of any contract e x c e c d ~twenty-five
tl~ousandrupees, the commissioner, on receipt of the t cpders in
respect of such contract inade in pursuance of the notice given under
sub-section(I), shall place the tenders before the contracts copmit.
tee, which may approveany tender which appears to it ,uy 01, ,. -7:ew
. C. falIthecircu~nstances,to bet he most advantageous, acd thereupon
I the csmmissioner shall, subject t o the provisions ofsection 80,
I a-pttbie tender so approved?'.
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83. When work i s given on contract at unit r

and the nnu~berof units i s not precisely determina
the contract shall not be deemed to contravene
provisions of section 80, section 81 or section
merely by ieason of the fact that the pecuniary li
therein Iaid down are eventually exceeded.

." ,

' .
contract into which he enters tlnderr this Act.
>
,. :
2
Establislznzent .
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8. --

ct IV] 3Iudsas City Mcnicipal 159

Corporation
the corporation establishment shall consist of the
following classes of officers, namely :-
1 Class LA.- A health officer, an engineer, z u ~
electrical engineer, a waterworks engineer, a drainage
engineer, a revenue officer, a ci:ief accounts
officer and a n educational officer.
ClassI-B.-Officers, who in the opinion of the
council are of a status equivalent to the status of
Class I-A officers appointed to serve under the
corporation.
Class 11.-Assistants to Class I-A 2nd Class I-B
offic~rs.
ClassII1.-All other persons (not bejng persoils
holding posts in a service classified by the council
as a last grade service) appointed to service under the
corp~ratjon.
Class 1V.-All persons holding posts in a service
classified by the soL~nci:a, ,. I , , , + grnde service.
L.

: (2) All Class T-A and Class I-b omcers shall

9
be heads of depar~nlelltsworking under rhe commis-
>
d
. sioner.
(3)'[ (a) Every appointment to any post included
I m Class I-A shall be made by the State Government.]
(b) Every appointment2[to any post included
in] Class I-B or Class 11 shall be made by the council
and shall be subiect to confirmation by the State
--- - --
1 Thisclause was substituted for the following clause I a) by section
6 (1) of the Madras City Municipal Corporation (Ammdment) Act,
1965 (Tamil Nadu Act 15 of 1965):-
 LatestLaws.com

so included sl~allbe xade by the commissioner s

ions of 286. (1) Save as otherwise provided in this Act,.

(i) in the case of Class I-A, Class I-B and Class

under section 349 :

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cer may be removed from offide by the State

' -
SA"

.". -
2.
Provided further that-
(i) the amount of any salary, leave and leave
llowances, '[allowances for ho use-rent, carriage
, travelling expenses or any cther allowances],
uity or pension granted under the said by-laws
I in no case without the special sanction of the
Government exceed what would be admissible
e case of Government servants of similar standing

(ii) the conditions under wilici such salary

allowances are granted or any leave, super-
ation or retirement is ganctioned shall not with-
:,
'
out similar sanction be more favourable than those
for the time being prescribed f o ~such Government
aartra n + n

,- lit-.
9i;

'*.{ .
2[(1-A) The State Government may-
(a) recover froin the Corporation the whole
or such proportion of the salary end allowances
paid to any Class I-A officer and such contribution
towards his leave aliowances, pensign and providena
fund as the State Government may, by general or
. special order, determine ;

! II !-
-
(b) at any tiine, withdraw ally Class 1-A officer
and appoint another in his place.]
r i (2) NO officer or other einployee of the
1 Corporation shall be dismibsed or lenloved
by an authority suborciina.te to that by which he
was appointed.
''
d

I1 --
(3) No such officer or employee as aforesaid
shall be dismissed or removed or reduced iil ran*
-<--- --
:t, 'These words were inserted by section 7 (1) ( b ) of the Madras
City Municipal Corporation (Amendment) Act. 1965 (Tamil Nad b
.c- Act 15 of 1965).
on was igsertod by section 7 (2),%bid,
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Provide:: tilrtt iilis sub-section shall not apply-

((1) WJ~ZI.C il PL.TSOII is dis~~~issed or i*ernoved
i c the ground of conduct which
Gg l.ct1 :,k.ti i:! ~ ; i i ~ on
[*I-*.X

has isil i i , I',

;i.?i:/i~iionon a criminal charge;
:,7

(bj wherr: an authority empowered to dismiss

or removz a pel sol^ or to redwe him in rank i s satis-
fied tirat R,r iea:.ill:s to be recorded by that authority
in writirig, it is ~ oreasona'bly
t practicaMe to give to
that pzrscin iul q~portuaitycif showing cause; or
(.cj wlrere an authority empowered to dismiss
or reinove a person or to reduce him in rank is
satisfied that in rhc interests of the security of the
t o give io tl;sit person such
State it is not expt:>:lic~~t
an opportr.u,ii;y.

( 5 ) Every oflicer of the Corpo

ment shall be a wholetime officer of
and n o such officer shall undertake
connected with his office without th
of the ~ornlrlissioner:

t i l c t I t flio i ~ r r i ~of
r
granting such i;ermission shall
next meeting ofthe council.
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.
- _ A - -& - I.--
1919 :T.N. Act IV] Madras City It_2-~nicipal 163
Corporation
'87. (1) If a VLCancy occurs in any office included Time within
in ' [**I Class I-B or Class 11, or any new oftice in which vacancy
Class I-B or Class I1 is created, the council shall in certain posts
be filled
within three months appoiilt ally qualified a i ~ dstlitable up.
person to hold such office.
(2) If the State Goverllment refuse to confirm
the appointment so made, the council sha.11 appoint
some other qualified and suitable pelSon wit hill
forty-five days from the receipt of the order refusillg
ori if if mat ion.
i
(3) In default of any appointment being made
i in '~~cordance with sub-section (1) or sub-recti~~l (A),
: as the case may be, the State Goverilment may appoint
r a person who in their opinion, is qualified an t i suitable
to hold the office and such person shall be deemed to
, haye been appointed by the co~mcil.
(4) Pznding an appointment imder s~~b-scctioll( I)
01 sub-section (2), the collllcil ,11ay a p p o i ~ ~ tpcrsoll
to hold the gfficce temporarily and assigtl to him such
'salary as it may think fit :
Provided always that the salary so ils$iened
shall not exceed the meximum fixed by tile Stale
Covernmnllt by rttlles in resp~ctof the dice.
88. (1) If at~y~["'~']
Class 1-B or Class 1L olxceris a Leave,pensiona
ry and leave of
civil or military oficer in the scl'vice of the G :jvcl.ll- co,,tributic,ns
merit, and if ally other officer servant sel.viog O1 certain ollicers
having served under the Corporation, is or ilas beell
transferred from 01 to the service of the Govern*,
merit or is employed partly under the Government alld
Patlyunder thecorporation, he shallbe entitledto leave
lsections 85 to 93 were substiruted for original sections $5 l o 97
by section 49 of the Madras Cltg~ Municipal (i\mendment) ~ ~ t ,
1961
-
flamil Nadu Act 5 G of 1961).
2 The word,figure andletter ' 'Class I-A'' were onritted by 8
r-r*heMadras City Municipal Corporation ( A r n e n d n ~ net, ~ ~ ~ 1g64
) %.

[Tamil Nadu Act 15 of 1965).

8 m e word, figure and let k r " ('lass I- A " M;c;e omitted
by section 9(1), ibid.
 LatestLaws.com
1 64 Madras City Municipal 1191
Corporation

and other privileges in accordance wit

and regulations of the branch of Gov
to which he belongs and in force fo
and the Corporation shall make such
towards his leave allowances, pe
fund as may be required to be ma
his behalf under the rules and r
branch of the Government service
@).If any such officer is not a civil or militar
officer in the service of the Grovernment, his leay
and leave allowances, 11is superannuation or retire
ment, his gratuity or pension and the proporti0
of his pensionary or provident fund contributio
payable respectively from his salary and from th
municipal fund ski;-.'' Lo "overned by reguMo
&
'-
approved by the Stde Government :
Provided that-

*
(a) the amount of any such leave and leave"
allowances, l[allowances for house-1ent, carriage hire,'
travelling expenses or any other allowances], gra-
-
tuity or pension shall in no case without the special
sanction of the State Ciovwllment exceed what would
I be admissible in the case of Government servants
of similar standing and status ; and
(6)the conditions under which such allowan
are granted, or any leave, superannuation or r
merit is sanctioned shall not without similar sa
be more favourable than those for the
being prescribed for such Government swan

Power of Srate
89. In the event of the occulrence of any .uusii
Government to mortality or the prevalence or apprehended outbreak
appoint spdciar of ,.y dmt2 metous disease within the city, ;the Statci
~'id~r6. - -*--. -- - -. ---.- - .---.
CC

I y;.,,\.: ,,,\,,:, ih;..;

^...*__C
I-

l;-.~~;fe~i\cY:~.\P!9 ( 2 )
I,, ,\
h\,,,,,, t ,!,\>,\I ;ltit)\\ ( .-\c$$
~ \ l ~ ~ ' ~ ~ ~ ' i l l ~ ~ ~ \ \ ~

1s 411- I!'(\$)
,!\\[
2 sccl ion\ 8 ) to 0.1 wclr S I I I ) * ~ I It~fctl~ O I ori)il~a(
. (%I/UQ~ 85 to
97 by rr*.tiqn dl') of tnc Madtar ( ' 1 1 ~ ivlut~iciprrl(4tficndmenl) AO~;
1961 ('ra111il14~duAct 56 01. 19hl).
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i 1919 :T.N. Act IVJ Madras City ilfulunicipal 1b5

i Corporation
Government, if they consider immediate action
necessary, may of thsir own motion appoint a special
health officer wholly or partly at the expense of the
municipal fund :
Provided that-
(a) the duration of the special ofice shall
not exceed six months ;and
(6) the corporation shall not be bound to pay
more than five hundred rupees per rnensem on account
I thereof,

I '90. (1) The comlnissioner shall lay be fore the Establishment

t[standing committee on taxation and fir ance] a Schedule.
schedule setting forth the designations and grades of
the officers(other than Class I-A Oflice~s)and servants
who should in his opinion constitute the corpora-
; tion establishment, a-nd embodying his proposals
with regard to the salaries, fees and allowances
.. payable to them :
Provided that nothing contained in the schedule
or proposals aforesaid shall be inconsistent with
the rules or by-laws referred to in sub-section (1)
of section 86.
(2) The '[standing commi~tee on taxation and
finance] may eitl~crapprove or amend such schedule
as it t h k s fit and shall lay it before the co.unci1 with
its remarks, if any.
(3) The council shall sanction such s ~ h ~ , ; . . ~ ?
or without modifications as it thinks fit.

3, Sections 85 to 93 were substituted for original sec;ions 8 5 to 97

by section 49 of the Madras City Municipal (Amel~dme~t) hct,
1961 (Tamil Nadu Act 56 of 1961).
a These words were substituted for the words ccceqtrai coillrnit-
tee" by section 26 of t l s Madrps City Municipa 1 Corporatiorl anti
Tamil Nadu District Municipalltles (Amcndndment and Extensiorr of
Term of Office)Act, 1971 (TanJ1Nadu Act 22 of 1971).
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1G6 Madras City Municipal [I919 :T.N. Act IV

Corporation
(4) 'rhc comniissione~may, from time to time,
lay before the '[standing committee on taxatio
and finance] for its remarks, if any, his proposa
to alneild the schedule sanctioned by the oounc
under sub-section (3). The proposals of the commis-
sionel together with the remarks of the '[standin
on taxation and finance] therebn sh
be placed before the council. The council m
either approve, reject or modify the amendmen
aforesaid.
(5) TJo new o@ce in Class I-B and no new o
in' any other class, the maximum monthly sa
of which exceeds three hundred rupees shall be cre
without the sanction of the State Government.
Commissioner 91. Subject to the provisions of this Act and
controls corpo-
ration establish- the rules, bylaws and regulations for the time b
ment. in force, thc commissioner shall prescribe the d
of the corporation establishment and exercise su
vision and control over their acts and procee&ng

POwer to grant
2 92. Leave may be granted to the 3[~Ecersand
leave to estab- servants of the corporation (otherthan the assistant
liehment. - +
commissioners, the personal assistant to the commis-
sioner and Class I-A officers)] by the commissioner.
--- - 1 - - -
1
I These words ii7ercLsubstituted for the words "central co-*t.
tee"by sect ion 116 o f the hiairas City hfonicipal Carporation a M
Ta&il x;iiti DI-rric t %Iunicip?!ities (Arnendmeni and Exfernion .
of Terln of OtiiCs) .'i;t, 1"" ' T ' ' ' ~ : NaEpi
l Act 22 of 1971).
2 Scctic,ns 8 5 t o 83 substitntcd for original sections 85 to 97
1 ,i 1 1I Milt~icipaI(Amendment) &t,
Matlrnc C ' i l v
ll!(,it 1 $ l , l , i l l ~ l l i ~ l: +!i l I 'lfl t j t I'JfbI1 ,
s f'herc words:, br.ll;l-.t?t~, figole .inti ic'ltcr werembstitutcd for the
wo!.d.; *'corl~orn t ion cstnblishmcnt " by seetior. 10 of the ~~d~~~
ii~:t
jt h1111li1 l 4 :t)rporitlion (/\~llcndnlcnf)Act, 1965 (Tmfl ~ ~ d , I
(
AL[ f t ) I 1 ')(I:#1.
't ... l . 6

e - -- -.- ---. . ^ ._ __
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1919 : T.N. Act IV] J I u d y ~ sCity Jfihnieipnl 167

Corpomtio:2

1 Sections 8 5 t o 93 were substituted for origi1l:il scctions $5 t o 97 1

by section 49 of the Madras City Municipal (Arncudmeni) Act, 1961

(Tamil Nadu Act 56 of 1961). Tile words '' one mctnbcr elected
by thecouncil" were again substituted for the words " th? Chairman
of the Central Cclnmittee " in sub-section ( ?j c f scctior~93 by
section 27 of t h Madras
~ City Municipal corpora ti or^ and Tamil
Nadu District Municipalities (Amendmen1 andl Extension 01
Term of Office) Act, 1971 (Tamil Nadu Act 22 cf I97I). The
following section was subsequently oniitted i5y S C C ~ ~ Q3 ~of
I the
Madras City Municil7al Corporation (/?.'?mc.?di lei?t) Act, 1972
(Tamil Nadu Act 25 of 1972):-

"93. Appointrrze~,Js co~~r2r?iittee.-(l) r'ilcrc siidl be cs~ablished

an Appointments Co:mmittec which sllaIi consl~tof tIlc Mayor, onc
member elected by the council and the ccmrnissioner; and the
Mayor shall bc the C n a i r m a ~of the Appointments Committee.

(2) Save as otherwise provided in this Act, ~PpoB~irncnts

to all
posts in Class 111 and in Class I V under the corporation, the pay
or the maxinlum pay of which exceeds one hundred rupees per
mensem, shall be made by the cornmissioser from the list of
candidates approved by the Appointments Committee and in the
order of preference indicated in that list. Appointnlents to all
posts in Class 111 and Class IV under the corporation shall
be by the commissioner subject t o the by-laws made by the
o~uncil:

provided that in case of emergency-

),(the may appoint ternpolar ly such officerscnd

as may, in his opinion, be required fcr the purposes of this
~~t and the employment of whom for any Pn urticular work has not
been by any ~ e s o h t i o n
of the council ;and

(b) e v q such appqintinent made nnder clause (a) shall be

repofled by the commissioner to the A~pointmentsConimittee at
its next meeting."
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The following section94, which wasinserted by section 11 of the

Madras City Municip~lCorporation(Amendment) Act, 1.965(Tanril
Nadu Act 15 of 1965), was repeaied and was deemed never to have
been enacted by section 2(4) of the Madras City Municipal Cor-
poration and District Municipalities (Amendment) Act, 1968
(Tamil Nlrdu Act 10 of 1968);-

"94. Cortsult~tionwith the ,Madras Pablic Service Commission.-

No appointment to any post included in Class I-B, Class I1 or
Class ill shali be made except after consultation with the Madras
Public service Cor:~inission (hereinafter in this section and in
sec~iou95 referred ti, as "the Commissiou'');

Provideu vhat no riuch consultation with the Commission shall

be necessary in regard to the appointment-
.i
(a) to any' dcting or ielnnorary post for a Period not exceeding
one year ;or

(b) to such posts 2 s may from tlmc to timo be specified by the

State Government in consultation with the Commission; or

(c)' to a post when at the time of such appointment the perso

to be appointed thereto is in the sexvice of the Central Governmen
or any State Governinent. ;or

(d) to a permanent or temporary post, if the

appointed is not likely to hold that post for more than
or if such person is likely to hold the post for more tha
but not more than three years and the ~o&ission'adv&
appointment mau bc made without_constsltingthq Co

",-. * .-

,--... I .
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'96. (1) Notwithstanding anything contained in this p ~ o v i n ~ a ~ s a t i m

Act, the State Gov%mment may, by n.otification,of any class of
'

constitute any class of officels or servailts of the cor- offiwsunder

or aer-
the .,,,
poration into a [civil service for the 4(State of T amil corporation.
Nadu)].

a ~ l i foilowing
e section 95, which was i~sertedby section 11 of
the Madas City Municipal Corporation (Amendrne~x)Act, 1965
(Tamil Nadu Act 15 of 1965), was repealed and was deemed never
+ to have been enacted by sectior-A 2 (4) of the Madras City hfutlicip;tl
Corporation artd District Municipalities (Amendment) Act, 1966:
(Tamil Nadu Act 1 0 of 1968):-
"95. Power of the State Governmerit to n~aheregulafims nrd
"eferenceto the State Governnzent in case of difSr~rrtcebet w e l , . the
Commission and the corporatio~:.- (1) The State Government may
make regulations for the following matters, namely:-
(a) the plocedure to be followed by the Commissior: i n
advertising posts, inviting applications, scrutinising the sanle and
selecting candidatw, for interview;

kF (b) the procedure to be fol!owed by the Comn~ission for

selecting candidates for appointment and by the corporation for
C consultation with the Conlmissioj 1 ;
(c) any other matter which is incidcrltal to, or necessary for, the
purpose of cotlsulta tion with the Commission.
(2) I n the case of any difference of ogirliorl bettveen the
Commission and tlle c~)rporationon any matter, the corpc3r:ltion
shall refcr the matter to the State (;ovcrnment and the cttcisio~lof
the State Gover~~ment thereon shall be final".
2 This section was ii~serledby sectiol? 1 1 of the Madr:.. s City Muni-
cipal Corporation (,Amendment) Act, 1965 (Tamil Nadu Act 15 of
1965).
8 These words were substituted for the word:; '' corporation
service " by section 2 (5) (u) of the Madras City Municigal Corpora-
tion and District Municipalities (Amendment) Art , 1968 (Tamil
Nadu Act 10 of 1968).
4This expression was suLstitnted for the exprcs~ion'~Statcof.
Madras '' by the Tamil Nadu Adaptation of Laws Order., 1969, as
amended by the Tamil Nadu Adaptation of Laws (Second Amend-
mnt) Order, 1969, which r;amc i n 1o force cn the 14th Januarj 1969.
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170 Madras City Municipal [I919 :T.

Corporation
(2) Upon the issue of a notification
section (I), the State Government shall
to make rules to regulate the classscati
of recruitment, conditions of service, pay and d o
ces and discipline and conduct of the '[civil t~
thereby constituted and such rules may vest JU
diction in relation to such service in the State Gover
msnt or in such other authority or authoritis a
may be specified therein.
Power of Stats
297. Notwithstanding anything contained in this Government to
Acr or in the 3[Tamil Nadu] District Municipalities transfer officers
Act, 1920 (3[Tami 1 Nadu] Act V of 1929), the State and ssrvrntq of
Government shall have power - the corporation
or municipali-
ties.
(a) to transfer any officer or servant of the cor- 'w
poration to the service of any municipality constitu- ,.I

ted under the {'I'ami1 Nadu; E:s l i k t :&J nicipalities *

Act, 1920 (3[Tami! Nadu] Act V of 1920) 01 to transfer

any officer o r ,ervant of any such municipality to
the service of the corpxation ; .. 1

(b) to issue: such geiieral or special directions --I

as they may think necessary for the pulpose of giving
duo effect to any transfer made under clause (a).

I
1These words wesc substituted for the words "corporation
service '' by section 2 (5) ( b ) o f the Madras City Municipal Corpo-
ration and District Muilicipalities (Amendment) Act, 1968 (Tamil
Nadu Act 10 of 1968).
This section was inserted by section 11 of the Madras City
Municipal L ~'?ration
, (~rnendment)Act, 1965 (Tamil Nadu Act
lSof'965).
These words were substituted for the word '' Madras " by d
Tamil Nadn -4dap:ation of L m Order. 1969, 2s am I
TaxnitM u -4c%i~1:~503 O' L 3ws ( S C C O Z .%=2pC3dif,&~.
~
w & ~ & c iaro
~ c hiie E ~ I C~ i h f ~ a n19w
62.
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1919 :T.N. Act IV] Nadras City ~Municipal 171

Corporation
13ART 111.
TAXATION AND FINANCE.
CHAPTER
V-TAXATIGN,
Enurneratioit of Taxes.
*
i 98. The [council] may levy--.
I

I
Enurnerati oa ef
taxes and
duties.
(a) a property tax,
(b) a tax on companies,
I (c) a profession tax,

t ( d ) a tax on carriages and animals, .

I. (e) a tax on carts,
(f) a tax on timber brought iilto the city,
' [and
may, with the previous sanction of the
I S(State Government), levy,
1 1
\ a (g) a tax on advertisements]
and may, with the previous sanction of the 8[State
Government] [. . . . . . . . . 1, levy
[(h)]a duty on certain transfers of property in the
15
shape of an additional stamp duty :
%

1t 1 This word was substituted for the word corporation by

section 52 (i) of the Madras City Municipal (P~mendmcnt) Art,
iB 1936 (Madras Act X of 1936).
J
4
2This wasinserted b y section 5e2 (ii), ibid.
8 The words "Provincial Government " were subs::'?lted for the
words " Local GoWelanment'' by the Adaptation Order 01 1937 and

1 the word "Statew was substituted for "Provincia1~by the Adapta-

tion Order of 1950.
4 The words " and the Governor-General in Council" were
omitted by the Adaptation Order of 1937.
5 Original clause(g) was re-lettered asclause(h) by section 52 (iii)
of:the Ma'dras City Municibal( 4mendmenta Act, 1935 (Madras
Act X of 1936!,
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Corporation
[Provided that the tax on companies shall o
leviable if it was being levied immediately befor
cornellcement of '(the Constitution) and shall o
be leviable until provision to the contrary is made
3(Parlia~nentby law)].
Powers of
'aatrol of
Stato
&,YCrP~~ht,

month from the cia

. mine by resoluti
resolution shall specify the rate at which, the
from which and the period of levy, if any, for w
such tax or duty shall be levied.
(2) When the council shall have determine
levy any tax or duty for the first time or at a n

specifying the date from which, the rate at w

and the period of levy, if any, for which such ta
duty shall be levicd.
(3) Any resolution abolishing an existing ta
duty or reducing the rate at which any tax or
is levied shall not be carried into effect without
-
I-
.- -.--

1This proviso was inserted by the Adaptaticrn Order of f

9Thae words
Governnlent of Indi
Order of 1950-
a These words wcrc rub(,titutcd for tile words "the cc
j,,egislature " by ibU.
4 This section w
Municipal (Amendn
6 These words were substitu
w t s wby the Adaptat

-
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1919 r Ta.kt I V ] Madras City MNHieip&l 173

Corporatiobr
sanction of the '(State Government), but such sanc-
tion shall not be necessary for a resolution reducing
the rate at which property tax is levied ;provided that
such reduction does not contravene the proviso to
sub-section (2) of section 99.

(4) Where any resolution under t h i q section has

.taken effect for a particular year, 110 proposal to alter
the rates or the date fixed in such resoliltion so far
as that year is concerned shall be taken into consi-
deration by the C O U ~ I Cwithout
~~ the sanctioil of or
a direction from the '(State Government).]

99. '[(l) If the council by a resolution determines ~ , " ~ $ , " ~

that a property tax shall be levied, such tax shall be tax,
levied on all buildings and laids within the city save
those exempted by or under this Act or any other
law. The property tax may comprise-
(a) a tax for general purposes ;

(b) a water and drainage tax for the purpose

of defraying the expenses connected with the water
and drainage systems of the city;
(c) a lighting tax for the purpose of defraying
the expenses connected with the lighting of the city :
Provided that where the water and drainage tax
is levied the council shall declare what proportion
of the tax is levied in respect of watt:r-works and the

zThe words '' Provincial Gorvernmentw tvele substituted for the

words "Local Government " by the Adaptation Order <;f1937 and
the word " Stake" was substituted for "Provincial" by the Adap-
tation Order of 1950.
2 These sub-sections were substituted for original sub-
swtions(1) and (2) by section 54(i) of the Madras City Municipal
(Amendment) Act, 1926 (Madras Act X of 1936).
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174 Madras City Mlrnicipnl [I919 :T.N. Act 1

Corporation
remainder shall b : deemed to be levied in respect of
drainage works and the proportion so declared shall
also' be specified ic the notice published under sub-
section (2) of section 98-A.
(2) Save as otherwise provided in this Act,
these taxes shall be levied at such percexltages of the
annual value of buildings and lands as may be fixed
by the council :
Provided that the aggregate of the perce~ltagesso
fixed shall not in the case of any land or building be
less than 151. per cent or greater than 20 per cent
of its annual value.]
(3) For the purpose of assessinr: the property tax
the annual value o f any building or land shall be
determined by the conlrnissioner :
[Provided that the annual value of any building or
land the tax for which is payable by the commissioner
shall be detu ,'lined by the Mayor.]
Methad of 100. (1) Every btiilding shall be assessed together
tsfeasment
~f property with its 'site and other adjacent premises occupied as
:&X. appurtenances thereto unless the 'owner of the building
is a different person from the owller of such site or
premises.
(2) The annual value of lands and buildings
shall be deemed to be the gross annual rent at which

These words were inserted by section 55 (i), ih

These words were substituted for the words 4b

. - .

,
u
.-.-,..aD:.'- ., .
,, ,
. .. .-"
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-3:

t IV] dladras City ~Vn~cipal175

Co'arporntiog
of ten per cent of that portion of s ~ i c hanllual rent
which i s attributable to the buildings alone, apart
from their sites and the adjacent lands occupied
as an appurtenance thereto] and tile said deduction
shall be in lieu of all allowance for repai1.s or on any
other account whatever :
1

Provided that-

(i)any Goveriiment or railway building ; or

(ii) any building of a class not ol-dinnrily
let the goss cm~!unl rent of which cannot in the
opinio~ of tho co~nmi ssioner be estimated.
The annual value of the premises shall be deemed
to be six per cent of the total of the estimated markt d
value of the land c i t the time of assessn:rnt alld the
k g at s-l~clitime
ation a r.eas~n;ble an7ol11lt
less than tcn per cent urn of

r rniiure] shall bc excluded

[Provided fitsther that where the sunnun1 vclluc

of airy :and or building is atidbutable part1y to the use
of such land or building or any portion thereof for the
display of any advcrtisernent or :~dvcrtiscmcnts and
tax is levied undcs t h i s Act it1 rcspcct ol. such advcr-
'; tisemeilt or advertisements, the anltt~alvalue of such
land or buildiilg for the purpose of assessing the pro-
perty
\.
tax thereon > hall be asc~:.tainedas if such land,
luilding or portion is not used for the displa-: of such
a
-
dvertisement or advertisements.]
it~rtedfor original clause ( o ) by stclion
y Mnnicipal (Amencimc~~i)1 4 ~ 1 ,1936

rted by scction 55 (iii), ibid.

E itdded by scctiorl55 (iv), ijirf.
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114 Madrar City Municipal [I919 :T.
Corporation
remainder shall be deemed to be levied in
drainage works and the proportion so decla
also be s ecified in the notice published
'5
section (2 of section 98-A.
(2) Save as otherwise provided in this -Act,
these taxes shall be levied at such percentag
annual value of buildings and lands as may be fixed
by the council :
7

Provided that the aggregate of the percentages so

fixed shall not in the case of any land or building be
less than 15q par cent or greater than 20 per cent
of its annual va!ue.]
(3) For the purpose of assessing the property tax
the annual value of any building or land shall be
determined by the commissioner :
[Provided that the annual value of any building or
land the tax To r which is payaoic by the commissioner
shall be determined by the Mayor.]
Methad of 100. (1) Every building shall be assessed together
uqsesment
of property with its site and other adjacent premises occupied as
tax. app~~rtenances t bereto unless the owner of the building
is a different person from the owner of such site or
premises.
(2) The annual value of lands and buildings
shall be deemed to be the gross annual rent at which
they may * [at the time -of assessment] seasonably
be expected to let froin month to month or from year
to year ' [less a deduction, in the case of buildings,
----..---- ----- .-
1 This proviso was added by section 54 (ii) of the Madras City
Municipal (Amendment) Act, 1936(Madras Act X of 1936).
2 These words were inserted by section 55 (i), ihid.

8 These words were substituted for the viords "less a deduction

in the case of buildings only of ten per centurn of such annual rent
by section 2(1) of the Madras City Municipal ana District Municj.
palities(Amendment)Act, 1944(Madras Act I11 ofl914), re-enacted
permanently by section 2 of, and the First Schedule to, the Tamil
Nadu Rm-enactingaad Repealin,g (No. I) Act, 1948 (TamilNadu
Act VII o t L, 18). This amendment should bedeemed t o havetaken
el~cctfrom the commencement of the Madras City Municipal
( k e n d m e n t ) Act, 1936 (Madras Act X of 1936), which originally
".
amended this sub-section by inserting the words "in the cast of
buildings only
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.y*NeAct IV] Madras City Mt .nicipaI 177

corporation -<
j-
*
l

(e) charitable hospitals and dispensaries but not

including residential quarters attached thereto
0 suih hospitals and dispensaries maintained by
railway administrations as may from time to time
be notified by the l[State Government], but not inclu-
ding residential quarters attached thereto ;]
"(g)] burial and burning grounds included in the
list published by the commis~ionerunder section 321
(3) of this Act ;

'[(h)]the bed of the Cooum, the bed of the Adyar,

the Buckingham canal, '[['(Government lands) set
apart free for recreation purposes] 6rand all such other
'(Government property) (being neither buil+n qs nor
land from which in the opinion of '[the State Govern-
ment] any income could be derived) as may from time
to time be notified by the l(State Government)];
- - -a--

*The words "Provincial Government " were substituted for the

kWP . words "Local Government by the Adaptation Order of 1937 and
the word "State '' was substituted for "Pro~incial'~
bp the Adapta-
tion Order of 1950.
fi Originel clauses (c), (d) and (e) were re-lettered as clauses ( g ) ,
(h)and (i) respectively by section 56 (ii) of the Madras City Muni-
cipal (Amendment) Act, 1936(Madras Act X of 3 93 6).
I

8 These words were inserted by section 56 (iii), ibid.

4 The words " Crown lands ') were substituted for the words
" Government lands" by the Adaptation Order of 1937 and
the word " Government was substituted for " Crown 39 by the
Adaptation Order of 1950.
5These words were substituted for the words " and all such other
property of Go rernment not Wing buildings as may from time to
time be notified by the Governor in Council with the consent ofthe
~ ~ N ~ r a t i obyn section
" 5 6 (iii) of the Madras City Municipal
(Amendment) Act, 1936 (Madras Act X of l9?6 ) .
6 The words a Crown property " were substituted for the words
66p ~ p e r t yof Gorerr.:nent " k:? '-- . d a p tation Older of 1937 and
+

the word "~overnmentm was substituted for "Crown" by the Adap-

. tation order of 1950.
7 The words "the Provincial Governmsnt were substituted for
the words "the Goverilmentwby the Adaptation Order of 1937and
theword" State " was substit nted for " Provinciai " by the Adap-
tation Order of 19504
125-13-12
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.N.Act IV] Madras City Munic pal 179

Corporation
1 prescribe the principles cf classification
a certain sum which shall be tax-free shall be
ed from the assessment of each building or iand
r,that the progression shall be from a certain percen-
in the lowest t o a certain percentage in the highest
s) and the precise number and limits of each class:]
-L Provided that-
a) the.counci1may, with the sanction of the
Government], exempt any local area from the
ole or a portion of the water and drainage tax or
he lighting tax on the ground that '[such area is
deriving any or the full benefit] from the water-
ply and drainage or from the lighting system ;
* * I
8[(b)]in the case of any land which is not appur-
to any building or which is occuj,ied by or
nant to huts the commissioner m a -assess the
premises, as the case may be, with reference
extent in lieu of annual value and at such rates as
e may himself determine subject always to the follow-
g maxima per ground of land measuri~gtwo thou-
sand and four hundred square feet :-
1 (i) for the waiter and drainage tax-three rupees?
1 (ii) for the lighting tax-one rupee;
(iii) for the tax for general purposes-four
rupees ;
=[(,)I in the case of lands and buildings vested in
the trustees of the Port of Madras the Froperty tax
leviable in any year shall not exceed four per centum
of the gross earnings made by the Port Triist in that
yar.
The words "Provincial Government were substituted for the
rds "Local Government by the Adaptation Order of '037 and
he word "State9' was substituted for "Provincialw by the Aaapta-
tion Order of 1950.
a These words were substituted for the words "such areas are not
deriving benefit by section 57 (ii) of the Madras City Municipal
(Amendment) Act, 1936 (Madres Act X of 1936).
.,
111
, 8 Clause (b) was omitted and clauses (c) and ( d )were relettered as

$ ;. clauses (b)and (c) respectively by section 57 (iii),ibiti.

-
,+a.%,.. 125-13-12~
btw&*,
+?. %
,,.

xi ~ $ 2 -\
+ \
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(3) (a) No claim for such remission'shall

entertained unless the owner of the building or
agent has previously thereto delivered a notice
the commissioner-
(i) that the buildillg is vacant \and unlet ;or
(ii) that the buildilly will be vacant and d t

-
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+ * -

.N. Act IvI Madras City Municipal i8j

Corporation
(b)The period in respect of which the remission is
made shall be calculated-
(i) if remission is sought in respect of the half-
year in which notice is delivered, from the date of
delivery of the notice or from the date c;n which the
building became vacant and uniet, whichever is later;
and
' (ii) if remission is sought in respect of the
half-year succeeding that in which the notice is deli-
vered, from the commencement of the half-year in
respect of which remission is sought or from the date
on which the building became vacant and !inlet, which-
ever is later.
r
5.
(c) Every notice under clause (a) shl ll sxpire
with the half-year succeeding that during which it
is so delivered, and shzll ha vo jqn effect thereader.]

108. (1) Whenever the titie of any person primarily Obligation of

-. liable to the paymeilt of the property tax on any trmferormd
premises to or over such premises is transferred, the transferee to
dvenotice of
person whose title is transferred and the person to transfer.
' whom the same shall be transferred shall, within three
months after the execution of the instrument of trans-
fer or after its registration if it be registered or after
the transfer is effected, if no instrument be effected,
give notice of such transfer to the commissioner.
(2) In the event of the death of any person pri-
marily liable as aforesaid the person to whom the title
of the deceased shall be transferred as heir or other-
wise shall give notice of such transfer to the commissio-
ner within one year from the death of the deceased.
(3) The notice to be given under this section shall
n such form as the commissioner may direct
he person to whom the title pisses, as
ase may be, shall, if so required, be bound to pro-
before the commissioner any documents ev,-
or ~ U C C ~ S S ~ ~ X ~ ,
>
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of the said tax, or

(b) the prior claim of the corporation

the tax or enhanced tax as the cas

in reqect of the building only, for
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(b) If such notice is given within the first

two months of a half-year the owner shall be enti-
tled to a remission of the whole of the tax payable
in rbpect of the building only, for thet half-year.
(c) If such notice is given withiu the last four
months of a half-year, the owner shall be entitled
to a remission of so much, not exeeding a half, of
the tax payable in respect of the building only, for that
half-year as is proportionate to the number of days
in that half-year succeeding the demolition or des-
truction as the case may be.]
[108. (1) If any area is included in the city, the Re,i,,i,,
owner of dvery building or land in area shall- tax in areas

(b) if such date falls within the first four

months of a half-year, be entitled to a remission of I
so much, not exceeding a half, of the property tax
payable in respect thereof for that half-year, as is
prop~rtionate to the number of ciays i~ that half-
year preceding such date.
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LatestLaws.com

(b) if such date falls within the last

of a half -year, to a remission of so much, not
ing a half of the property tax payable in respect
for that half-ycar as is proportionate to the n,
of days in that half-year succeeding such date.
(31 No remission shall be granted under sub-
section (2) in respect of any building o r a d unless
an application for such remission is made to the
commissioner within three months from the date
of the exclusion of the area in which the building
or land is situated.]
, Power of com-
missioner to '[108-A. The commissioner may at his discre-
cohdone tion condone omissions to give notice "(under section
omission to
give notice. 105, 106, 107 or log), giving his reasons in writing
for every such condonation.]

a railway administration or a company and withi

fourteen days after such service in other cases 1
retul~~sof the rent payable for the building or
the cost of erecting the building and the
ment of the land '[and with such other i
or occupier upon whom any such notice is se
shall be bomd to comply with it and to make
true return to the best of his knowledge or belief.
1 Sections 107, 108 and 108-A were substituted for sections
and 108 by section 61 of the Madras City Municipal (Am
Act, 1936 (Madras Act X of 1936).

- -
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. -. *

I ( n l f J m , ~City Municipal 183

Corporation

(2) For the pLrpose aforesaid the commissioner

may enter, inspect, survey and measure any building
or land, after giving twenty-four hours' notice to
the owner or occu:pier.

Tax on Companies.
l[110. If the council by a resolution determines Taxation
companies
of J,

that a tax on companies shall be levied, every com- ,ding

pany which, after the date specified in the notice sixty days in
published under sub-section (2) of section 98-A ~ ~ ~ ; Y ,
I transacts business within the city in any half-year
for not less than sixty days in the aggregate shall
! pay, in addition to any licence fee that may be
1

leviable under this Act, a half-yearly tax assessed in

. accordance with the rules in Schedule 117, but in
no case exceeding rupees one thousand :

Provided that any society, which is registered or

deemed to be registered under the *Madras Co-
operative Societies Act, 1932, and the paid-up capital
of which is less than fifty thousand rupees and any
' other society registered or deemed to be registered
under the same Act and any society registered under
the 2[Companies Act, 19561 and intended solely
for the benefit of poor and destitute families, which
on the recommendation of the commissioner the
council may by resolution exempt from the payment
of the tax on companies, shall noi be liable to the
tax on companies, but such society shali be liable
to profession tax.]
- - ---_I-
--- - - *

1 This section was substituted for original section 110 by section

63 of the Madras City Municipal (Amendment) Act, 1936
(Madras Act X of 1936).
2 The words and figures " Compa~liesAct, 1956 " were substi-
tuted for the words " Indian Companies Act " by section 4 of, and
the Third Schedule to, the Tamil Nadu Repealing and Amending
Act, 1967 (Tamil Nadu Act XXV of 1957).
*Now tbe Tamil Nadu Co-operative Societies Act, 1961
(TamilNadu Act 63 of 1961).
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E p l ( nation 2.-A touring officer wh

quarters i!; within the city shall be liable fo
merit of profession tax even though he has
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Explanation 4.-Any amount received by a p e ~

in commutation of his pension or any portion
i s pension, shall not be deemed t o be a pension
ithin the meaning of this sub-section.
(2) A person shall be chargeable under the class
A
jpropriate to his aggregate income from all the
urces specified in sub-section (1) as being liable
the tax.
(3) Nothing contained in this section shall be
:emed to render a person who resides within the
cal limits of any local authority and exercises his
'ofession, art or calling or transacts. business or
s appointment within the limits of any other
~ l d any
cal authority or authorities, liable to professio~,tax
+ more than the higher of the amounts of the tax
viable by any of the local authorities. In such
case the I(State Government) shall apportion
.e tax between the local authorities in such manner
I they may deem fit and the decision of the *(State
overnment) shall be final :I
'provided that where one of the local authori-
:s concerned is a cantonment authority or the port
lthority of a major port, the decision of the 3(State)
'x.Government shall be subject to the corlcurrence of
the Central Government.]
'[llz. The profession tax leviable from a firm,
ndu family may be levied Liability of
er of that firm, association fim 0, undivi-
ded family for
profession tax.
.- ----- -- . -- --
1 The words '' I'rovincial Gover~~ment " were substitutedfor the
words Local Governmcnt " by the Adaptation Orde: of 1937 and
word " State " was substituted lor " Provincial " by the Adap- . $
on Order of 1960.
by the Adaptation Order of 1937. ??
n
d for the word '(Provincial " by the
.I .?$'
"1"
i "%

ed for original section 112 by section

pal (Amendment) Act, 1936 (Mdraa

,
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~a&a,~ Municipal [I91

corporatio~
PW visions common to Cornpanidand Profess
11113. (1) The expression " transacts
in sections 110 and 111 shall be deemed to
doing of acts of business of whatever nature, whe
isolated or not,, such as soliciting, obtaining or trans-

~ mitting orders, or buying. making, manufacturing,

exporting, importing, receiving, transmitting or other-
wise dealing with goods.
I

(2) Where for the purpose of transacting busi-

ness within the city a company or person has an
office or has an agent or firm to represent it or him, .i".; .
the company 01: person shall be deemed to transact , ,~. c

business within the city, whether or not such office,

-.
agent or firm fias power to make binding contracts on
,

behalf of the company or person ; and the person

in charge of such office or the agent or firm, as the
case may be, shall be liable for the tax payable by
the company or person.

tions are closed outside the city.

1 , (4) Every company or person transacting

deemed to transact such business within the city.

(5) If a company or person proves t

he has paid the sum due on account of the c
or profession tax levied under this Act
--
(Madras Act X of 19
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--**

1919 :T*N*Act IV] Madras City Municipal 163

Corporation .
'[any 0 t h 2(Tarnil Nadu Act)], or any tax of the
nature of a companies' or profession tirx imposed
under the Cantonments Act, 1924, for the same half-
year, to the Corporation of Madras or any other
municipal council or any '[panchayat union cmncil,
panchayat, township committee] or cantonment
authority in the '[State of Tamil Nadu] ,such company
or person shall not be liable, by reason merely of
change of place of business, exercise of profession,
art or calling, appointment or residence, to pay to
the Corporation of Madras or any other municipal
council or to any l[panchayat union council, pan-
chayat, township cc)mmittee] or cantonment authority
more than the difference between such sum and the
amount to which it or he is otherwise liable for the
companies' or profession tax for the half-year
under this Act or any of the aforesaid Acts.
(6) If the companies' or profession tax due
from any company or person in respect of any half-
year is not paid, the commissioner shall cause a notice
to be served on such company or person to pay
such tax within fifteen days of the date of such ser-
vice*] t

6[113-A. All statements made, return~sfurnished Statements.

rc turns, etc.,
or accounts or documents produced connexion to be confidcn
with the assessment of companies' or profession tax tial.
--

1 These words were substituted for the words and figures "the
Madras District Municipalities Act, 1920, or the Madras Local
Boards Act, 1920" by section 60 (i) of the Madras City Municipal
(Amendment) Act, 1961 (Tamil Nadu Act 66 of 1961).
2 This expression was substituted for the expression c c Madras
Act " by the Tamil Naclu Adaptztion of Laws Order, 1970, which
was deemed to have come into force on the 14th January 1969.
3 These words were substituted for the words <' local board
by section 60 (ii) of the Madras City Municipal (Amendment) Act,
1961 (Tamil Nadu Act 66 of 1961).
4 This expression was substituted for the expression " Presidency
of Madras " by the Tamil Nadu Adaptation of Laws Order, 1970,
was deemed to have come into force on the 14th January
1969.
6 This section was inserted by section 67 of the Madras City
Municipal (Amendment), Act, 1936 ('Madras Act X of 1936).
 LatestLaws.com

a These words were added by section 68 (ii), ibid.

4 These words were inserted by section 62 of the Madras Cit
Municipal (Amendment) Ad, 1961 (Tamil Nadu Act 56 of 1961).
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Madras City Municipal' 191

Corporation
Tax on C'rrifrges r v J .l-;aafi.

y a resolutio~~
determines General provi.
d animals shall be levied, sions regarding
y the said tax half-yearly ges
tax on carria-
and animals.
on carriages and animals kept within the cit~rwhich
Lre of the kinds specifitd in Part I11 of Schedule
TV.]
(2) The rates of the tax shall be determined I
I by the council, provided always that they shall not
exqed the maxima laid down in P a t I11 of Schedule
' ,?
rv.:
*' .
%'
.

117. (1) Every person ha

orvcontrol of any taxable cal
bes:li8b;lefor the full hasyea
or &ma1 has been kept withi
gate period of not less than
year. '

0[(2)If such aggregate period exceeds fifteen

daysqbutis less than sixty days. a moiety only of .he
half-yearly tax shall be leviable.
(3) If such aggregate period does not exceed
fifteen days, no tax shall be leviable for the half-
year.]
2[(4)] Every person having possession, custody
or control of any taxable carriage or animal within
the city shall, until the contrary is shown, be presu-
med to have kept the same within the city for sixty
days . in the half-year.
Notwithstandiilg anything contained in
2[(5)]
;ub-section (I), no person shall be liable tq taxation
luring?any halfyear on account of any cat riagi: or
rnimal in respect of which the full tax for the same
*. has already been paid by some other pcrFon.
lalf-ywr '
p--

This -hub-section was substituted for original sub-sectio~(1)

J.

section70 of the Madras City Municipal (Amendment) Act, 1936

Aadras Act X of 1936).
8 Sub-sacions(2) and (3) were substituted for the proviso to sub-
ons (2) and (39 were renumbered as
 --

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192 Madras City Municipal [I919:T.

Ctwporation
A xemptions. 118. The carriage and animal tax shall
levied on- -
(a) carriages and animals bclo
[Governn .enr] ;
( 6 ) carriages and aiiin~alsbelollging to members a

of the 2 [ ~ i t ypolice] or to officers or

corporation employed on out-door
vided that thc exeniptioi~under this cla
only to a carriage or aniinal required to be kept by
any st~chmember, officer or servant for the discharge
of his official duties] ;
( c ) carriages and animals kept solely for sal
by carriage-makers and dealers ;
(4 carriages which have been under repair o
standing at a carriage-maker's during the whole
the half-year ;
(e) animals which during the whole of the
year have been kept in any institution for the r
tion of infirm or disused animals
- or- which
. --.--- -..-
are certifi
--* - w-

by a veterinary surgeon to have been unfit for

dnring the whole of the half-yebr.
[ * * *
bonlposlaon* 119. With the sanction o f the '[central committee]
ar in accordance with regulations f r a ~ e dby that 1
body, the commissioner may compound, for an, d
period not exceeding one vear, with anv u
liverv stable-
- - --- -I.r
#
keeper or other person kekpi ng carriages and animal
for sale or hire, for a certain sum to
- - be
- - naid in lilt1
r--- -- --

of the carriage and animal tax.

-
ment " by the ~ d a ~ t a t i oOrder
---
n of 1937 and the word ' 4 Governmmt*'
--- "..r .I V*., U V T W U -

was substituted for 4' Crown " hv the Artantatinn nrtt~~.. nP

---fnr
2These words were substituted -v-
t h e wV Tx- a ~ u.,
-.XV
n r ~66in..rr
f ~L u I l J I *n*:nas*
pUL
2.
-,..,M~~nirinrrl
by section 72 (i) of the Madras Citv /tnll,L*.
A mcrrrrt-m-*\
1936(Madras Act X of 1936).
a This proviso was substituted for the original pro
--
* Clauses (f) and (g) were omitted bv section
- - - - - - - - -,--,, - - ,

The words a central committee" were substituted*.'f&ad.

W.".

words " standing oommittee" by section 101 of, and Schedule1to;,

the Madr;cs Citv Manicinn1 / A r n ~ n ~ m m n t \ A,. nct ma-:*

+-. -*. <.

- - - - - .
~
-CI
' * *
-.
- s'
.- -
. ,&"',;itCP? : '-
'*"IfL

-"'.$,~f,
554:
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.
-* - .
2
- A
-- , - * I'
'A

Mad*as City Municipal 193

Corporation
5 - .j2;
- .
* %?.; 120. (1) The commissioner may by notice reqoire Req,..sitionon
,;&i..+Z''
BGF .~,.
.* $
.
:- :,$he: occupier of any premises to furnish him with a furnish
# ,
?
?'a
.i
o ~ ~ u P ~ ~ ~ o
,$j#piternent- statement of
,< L persons
,' . (a) showing the name and address of everyliable to toa.
person'who has possession, custody or control of
any carriage or animal which is kept in such premises
and is liable to the carriage and animal tax;
(b) containing a description of evelay such
carriage or animal.
(2) The occupier shall sign the statement and I

transmit it to the municipal office within cne week

from the date of his receipt of the notice.
%
"
.. i: "i;
kZ
l[120-A. (1) The Commissioi~ershall send to every sent
Forms to be
to and 'b

person supposed to have become liable to the pay- returned by

*-

+* .
ment of the tax on carriages and animals a printed tax-payers. .b,Fb2'
table to be filled up with such information ~especting
I I

,
.:..*if
e
, the carriages and animals kept by him as the ccbmmis- J

>.' pit:; s+%+3

<*

sioner considers necessaxy fgr the assessment of the <

, tax. . .
'$

(2) Such table shall be filled up with such infor- ,,

mation in writing, signcd and dated and returned *
r

within one week of its receipt to the municipal office

F;- the person to whom it has been sent.
(3) On the expiry of the period of one week
referred to in sub-section (2) the commissioner shall
cause a notice to be served on such person requiring
him to pay within fifteen days of the date of such
service the sum for which in the opinion of the com-
missioner such person is liable on account of the tax
on. carriages and animals.]
- .
.."$&,'.. 9.

the 'amount of taxorantof

anim'al, the commis- licence on
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194 Madrar City Municipal [I919 :

Power to '[122. (1) The commissioner shall direct that a

require municip:21 n~lrnbsr sllall be affixed to every carriage
numbers to . ..,
Kept w~thinthe City.
.
I

bc:affixed
, to carriages.

.
,'&' ?:if?1;j
".'a%
-.
-'Xy ,,.:
Tax 072 Carts. $;-;*..;
-3
\

28 jg
,,q"
124. 3[(1) If thc: council by a resolution deter- w.';
,. $54
mines that a itax sllall be levied on carts, the commjs- ::. 4 g
'sioner shall levy the said tax half-yearly at the r
or rates (which shall not exceed eight rupees
per half-year) fixed by the council and from
specified in the ilotiie published under section 9
on all classes of czirts kept within the city :

Provided that no pcrson shall be liable to

been paid by
.
---. --.--..--- - - - I - -

z'l'llese words we1.e substituted l'or f11c ~vord " h4adras '3
Tamil Nsdu Ad:.pt?t ion of Laws Order, 1969, 2s amende
Tamil Nadil Adapt otion of 1.-aws(Second Amendment) Ord
which came into fcrce on the 14th January 1969.
3 TI~escs yb-sectio
(1) and (2) by secti
ment) Act, 1936 (
 LatestLaws.com

vided further that in the case of single bullock

he tax shall not exceed four rupees hslf-yearly :
Provided further that in fixing the said rates,
council shall have regard to the extent of damage
used by different classes of carts to the road.

(3) The commissioner may direct that a municipal Affixing

umber shall be affixed to every registered cart.
(4) The commissioner shall notify certain days Notification of
in every half-year for the registration and nnmbering days of

-
registration.
of carts and the payment of ihe tax.
(5) All registrations made and nambers affixed Entry of
under this section shall be enter-d in a book to befigErtpn
kept for the purpose at the municipal office.
4 (6) Such book shall be open to the inspection~nspection
of any tax-payer at all reasonable times without charge of
125. Nothing in section 124 shall apply to- Exemptions.
(a) gun carriages, ordnance carts or wagons or
other such property of the l[Government] : and
(b) carts kept solely for sale by cart-makers
*":* . and dealers.
126. The commissioner may remit the whole or a Power to
remlt tax on
cart kept for
pt" ....I lessthan
t exceeding fifteen
or not days
used.

1 The word ''Crown " was substituted for the word '' Govern'
nt9'b the Adaptation Order of1937 and the word "Government"
g
s su stituted for " Crown " by the Adaptation Order of 1950.
ds " or let out for hire " were omitted by section 76 of
City Municipal (Amendment) Act, 193 5 (Madras Act

A
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196 Madras City Yunicipal [I919 :T.N.

Corporation
I
P ~ w e rto seize Carriages ant2 Carts not bearing numbers.
Seizure of 127. If a municipal number is not affixed to ir carri
not age or cart in pursuance of a direction issued unde
bearing
numbers. section 122 or section 124, as the case may be, th
commissioner may at any time seize and detair, th
vehicle and the animal, if any, by which it is drawn :

Provided that no vehicle other than a bicyde,

tricycle, I[. . . . . . . .] or rickshaw "shall be seized or
detaint; when actually employed' in the conveyance
of any passenger or goods.

Procedure 128. (1) If n fehicle' or animal is detained under

after seizure. section 127 and the owner or other person entitled

(ii) such penalty not exceeding the

of the tax as the commissioner may direct ;

(iii) ?he charges incurred in connexio

seizure, detention and sale.

(2) If there is a surplus after such

the commissioner shall, on demand ma
six months from the date of sale, make it
, owner or other person entitled thereto.
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--
1 ibib :f.N. A C IVI
~ M~J&@.Ycity Sunicipa~ i91
% Corporation

(3) If the owner of the vehicle or animal or other

person entitled thereto claims the game within ten
.days from the date of seizure or at any lime before the
CI sale, it shall be returned to him on payment of-
(i) the tax due thereon ;
(ii) such -penalty not exceeding the amount of
I the tax as the commissioner may direct ; and
(iii) the charges incurred in connexion with the
seizure and deteirtion;
Tax on Timber.
~129.(1) If the council by a resolution deter- Tax an timber.
mines that a tax shall be lehied on timber brought
into the city, such tax shall be levied a t such rates, I
ot exceeding five rupees per ton, and Jn such manner ,
may be determined by the council :
Provided that no tax shall be levied on any
timber brought into the city in the course of transit
to any place outside the city and directly removed
our of the city by rail, rodd or water.
(2) No timber shall, except in th: case referred
to in the proviso to sub-section (I), he brought into
the city unless the tax due thereon has been paid.
(3) The tax shall be levied on timber kept within
the city for sale if the commissioner has reason to
believe that the tax, if any, due thereon has not been
paid :
Provided that the tax shall not be levied if the
person keeping the timber for sale produces satisfactory
proof of the previous payment of the tax thereon.

(4) The commissioner may call for the accounts

of any person keeping timber for sale for the purpose
of levying the tax under sub-section (3).
1 This section was substituted for original section 129 by section
77 of the Madras City Municipal (Amendment) Act, 1936 (Madsea
Act X of 1936).
s
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(6) The council may make by-laws for the seizu

and sale of timber in respect of which the tax d
is not paid and otherwise for carrying ~ u all t or
of the provisions relating to the levy of tax on ti

LT(z.y on Advertisements.]

1 [129-A. Every person who erects, exhibits, fix

or retains upon or over any land, building, w
hoarding or structure any advertisement or w
displays any advertisement to public view in any
manner whatsoever, ill any place whether public or
e private, shall pay 011 every advertisement which is
so erected, exhibited, fixed, retained o r displayed t
I
public view, a tax calculated at such rates a d i
such manner and subject to such exemptions as th
h approval of the [State G o v e $ ~
k council may, ~ i t the

merit], by resolution determine :

provided always that the rates shall be subject

the maxiha and minima laid down by the 2[Sta
Government] in this behalf :

Provided also that no tax shall be levied u

this sention on any advertisement or a notice-
(a) of a public meeting, or
-- -_I-

1 This heading and sections 129-A to 129-F were ihsert

section 78 of the Madras City Municipal (Amendment) ~ c t ,
(Madras Act X of 1936).
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A - - - -
, i P* B'
__

199
Corporation

(b) of an election to any legislative body oiA the

Corporation of Madras, or
(c) of a candidature in respect of such a n elc,.ion :

Provided further that no such tax shall be levied

on any advertisement which is not a sky-sign and
which.
(a) is exhibited within the w i n d o ~ rof any build-
ing ; Or
(b) relates to the trade or business carried on
within the land or building upon or over w h ~ c hsuch
advertisement is exhibitid, or to any sale or letting
of such land or building or any effects therein or to
any sale, entertainment or meeting to be held upon
or in the same ; or
(c) relates to the name of the land or building upon
or over which the advertisement is exhibited, or to
the name of the owner or occupier of euch land or
building ; or

I i d a r

or
(4 relates to the i ~ ~ ~ ~ uf
l i acy
~ c srailway
a company ;
, .
t.":
(e) is exhibitd within any railway station or
upon any wall or cuther property of a railway company
except a n y portion o f .the surface of such wall or
property fronting any street.

Explanation 1.--The word 'structure' in this section

ovable board
an advertise-

lanation 2.-The expression' 'sky-sign' shall,.

section, mean any advertisement, supported:
ttached to any post, pole, standard, frame-

- - - -
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560 Madrus City Municipal [I919

Corporation

work or other support wholly or in part u

over any land, building, wall or structure
or any part of which sky-sign, shall be
the sky from some point in any public plac
includes all and every part of any such po
standard, frame-work or other support.
pression 'sky-sign' shall also include any
parachute or other similar device employed
or in part for the purposes of any ad
or over any land, building or structu
over any pu ~ l i cplace but shall not include-

(a) any flagstaff, pole, vane or

unless adapted or used wholly or in part for t
pose of any advertisement ; or

(b) any sign, or any board, frame o

contrivance secilrely fixed to or on the
or parapet of any building, or on the cor
ing course of any wall, or to the ridge of a roof :
.L

Provided that such board, frame or other c

trivance be of one continuous face and
and lldoes not extend] in hdght m o
feet above any part of the wall, or pa
to, again~tor on which it is fixed or supported ;

tisement is exhibited, or to the name of the

or occupier of such land or building ; or

( d ) any advertisement rcla ting exclusively t

business of 2 railway company, and placed
upon or over any railway, railway station,

I
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(e) any notice of land or buildings to be sold,

r let, placed upon such land or buildings.
Explanation 3.-'Public place' shall, for the pur-
se of this section, mean any place which is open
the use and enjoyment of the public, whether it
s actually used or enjoyed by the public or not.)
Prohibition
"129-B. (I) No adve~tisementshall, after the levy of
of the tax under section 129-A has been determined ,ents wirhout - -.

upon by the council, be erected, exhibited, fixed or yiT%n per-

? retained upon or over any land, building,wall, hoarding M~sslon of
Commissiener.
or structure within the city or shall be displayed in any
manner whatsoever in any place withoit the written
permission of the commissioner.

6, -A@,
(2) The commissioner shall not grant such per-
mission if-
(i) the advertisement contravenes any by-la w
made by the council under clause (28) of section 3 4 ~or
;
(ii) the tax, if any, due in respect of the adver-
tisement has not been paid.
(3) Subject to the provisions of sub-section (2) in
the case of an advertisement liable to the advertise-
ment tax, the commissioner shall grant pe~mission
for the period to which the payment of the tax relates
and no fee shall be charged in respect of such
permission :

I Provided that the provisions of this section shall

not apply to any advertisement erected, exhibited,

I
i
fixed or retained on the premises of a railway company
relating to the ~lusinessof a railway coli1pi~ny.1
- --- -
1 Sections 129.A to 129-F were inserted by section 78 of the Madras
City Municipal (Amendment)Act, 1936 (Madras Act X of 1936). ..
b +
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202 M U ~ M SCi
Gvporution
1[129-C. The permission granted under
1293 shall become void in the fol
namely :-
(a) if the advertisemei~tcontravenes any
made by the council under clause (28) of section
(b) if any addition to the advertis
except fol the purpose of making i
the direction of the Corporation Engineer;
(c) if any material change be made in th
tisenlent or any part thereof ;
(a) if the advertisemerit or any part ther
otherwise than through accident ;
(e) if any addition or alteration be made to,
the building, wall or structure upon
the advertiseinant is erected, exhibited,
if such addition or alteratioa i~zvolves
of the advertisement or any part thereof ; and
(f) if the building, wall or struct
bi
which the advertisement i
or retained be demolished or destroyed.]
r- 9

$T":P,z,
.~#t 9*
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I

_* -" I

i B : T*N. Act Iv]

Marl,us City Municipal 203
Corporation
ertisement be erected, exhibited, Removal of
d or retained contrary to the provisions of section unauthorized
-A.or section 129-B or after the written pernlission rnects.
adverthe-
ibition, fixatioi~ or retention
2re0f for any p-eriod ;!l;J! !:ye expired or become
ay, by notice in writing,
upier of the land, building,
re upon or over which the
ited, fixed or retained to take
down or remove such advertisement or may enter
operty and have the advertise-

Commissioner may farm out the tax ion of

on
n of any tax on advertisements leviable under advertise-
129-A for any period not exceeding one year ments.
a time on such terms and conditions as may be
vided for by by-laws made under section 349 .]
2 [ * * . * . * l
:t: * * 1
Duty on Transfers of Properly.
ransfets of property shall be ~assessment
e t h o dof
of
duty on
urcharge on the duty inlposed transfers of .
p Act, 1899, as in force for the time
-- -- ----- --
to 12'9-Fwere inserted by section 78 of tho
dras City IbJunicipal (Amendment) Act, 1936 !Mtrdras Act X
and the heading thereto were oxlliited by
Nzdu Motor Vehicles Taxation Act, 1931 8
which .Act has now been repealed by
es Taxation Act, 1974 (Tamil Nadu

stituted by section 2 of thc Madras City

icipalities and Local Boaids (12rne~~dnlcnt)
i I of 19ri0), for section 135 as anicndcd
as City Municipal (Amendn~eat) Act, 1936
ion 2 of the Madras City Municipal
ras Act XVlJT of 184.?), re-cnacted
f , and thc First Schedule to, the Tamil
ealxng (No. I) Act, 1948 (Tamil Nadu Act
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t
!

136. On the introduction of the transfer duty,

was substitutedfor t11eexpression''Stateof

1 Thisexpressiol~
by the Tamil Nadu Adapt~tioaof Laws Order, 1969, as a
the Tamil Nadu Adaptation of Laws (Second Amendm
1969, which came into force on the 14th January 1969,
%Thesewords were substituted for the words and
Stamp Act, 1899" by section 80 (i) of the Madras
(Amendment) Act, 1936 (Madras Act X of 1936).
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N. Act I V ] Madras City Murzicipal 205

Corporation
d
i (b) Section 64 of the '[same Act] shall be read
I as if it referred to the corporation as well as the
L

1 , Go7ernment. t

137. The 2[State Government] may make rules not Power to

make rules
inconsistent with this Act for regulating the collection regarding
of the duty, the payment thereof to the corporation assessment
and the deduction of any expenses incurred by the andcoIlection
Government in the collection thereof, of transfer
duty.

3[137-A. With the sanction of the 2(State Govern- exempt to

from
ment) the council may exempt any person or class of ,,es.
persons wholly or in part from the payment of any :ax.
But nothing in this section shall be deemed to autho-
rize the exemption of any person solely on the ground
that he is a councillor '( 11
Power to
CN* 3[i37-~.Not withstanding anything to the contrary ,,,,
- contained in this Act or the rules made thereunder, if case of
for any reason any person liable to pay any of the taxes escape from
assessment.
or fees leviable under this Chapter has escaped assess-
ment in any half-year or year "or has been assessed
in any half-year or year at a rate lower than the I

rate at which he is assessable, or, in the case

of property tax, has not been duly assessed
1 These words were substituted for the words and figures "Indian
Stamp Act, 1899" by section 80 (ii) of the Madras City Municipal
(Amendment) Act. 1936 (Madras Act X of i93G).
8 The words "Provincial Government" were si~bst ituted for the
words ''Local Government" by the Adaptation Order of 1937 and the
word "State "was substituted for c6Provincial" by t le Aeaptation
Order of 1950.
a This heading and sc:lior?r 1 7 - A and 137-B wcre inserted by
section81 of the Madras City Municipal (Amendment) Act, 1936
(Madras Act X of 1936).
4 The words "or an alderman" were omiited by section 2 (1) of
Madras Cky Municipal (Amendment) Act, 1968 (Tamil Nadu

inserted by sectian 65 of the Madras City

ment) Act, 1961 adu .Act 56 of 1961).
3

f
r . & *b*.r=~*,&
:.:*-::*v>%"&ey&T*,
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206 Madras City Municipal j191

Coiporation

in any half-year or year consequer~t on

building or land concerned having
determination of its annual value), t
may, at ally time within three years from the (I?ie
which such person should h w e b
on such person a notice assessing hi Dr fee
due and demanding payment thereof within fifteen
days from the date of such service :and the provisions
of this Act anci the rules made thereunder shall so "d@;g
far as may be apply as if the assessment was made in the
half-ycnr or ycar to which thc tax or fcc relates.]
,,,
+J+&
.a'"
*p%
i

<A
\
Rules in
Schedule IV. 138. The rules and tables embodied in Schedule IV ,g';c#a
shall be read as p:tst of this chaptcr. "i.
*y
h

Definition of
municipal 139. All moneys received by the corporation sh
fund. constitute a f u ~ dwhich shall be called the municip
fund and shall be applied and disposed of in ac
with tlle provisions ofthis Act, '[or other laws
140. The "State Government] shall appoint audit
of the accounts of receipt and expenditure of
municipal fund. Such auditors shall be deemed to bdT5$+ r ll

"public servants' ' within the meaning of section &&,

21 of the Indian Penal Code. ,,,. A fl.dAe,

*
> >t
Gar,
%"&' 1
,+? /+&.%
inancial rules.
2, 4
,@"* *J'

,141. With regard to the deposit, investment &nd:":g:$

expenditure 3f the municipal !

municipal ac:counts the rules in Schedule V

observed.
-.-
_ _ _ -_ ---. -
.

1 These words we
cipal (Amendment!
hewordsc6ProvincialGovernment"weresubstitutedfor~~~~
- - '

1 Government" by the Adaptat

'' was substituted for c4Provincial" . &a=

P + ?*T$xn*$#
* ? , *%-
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919 :T.N. Act 1V] MuJras CifyM~trici/:l:!

Corporation

owards such expenditure.

(2) The 2(St-t~ !?~:~~1-*?3ent) ma.y direct the
ouncii to show cause, ~Gthina period fixed by the
(State Government) in this behalf and not being
ess than one montll after rcceipt o T the order contain-
ng the direction, why any contribution described in
ub-section (1) s h ~ o l dnot be made.

and it shall be

ity of all or any .,,,,,

] fees and dues autho-

(a) for the construction of works, 5[or]

"State'' was substituted for "Provincia.1" by the Adaptation

word ~'tolls"was omitted by Schedule I to the Tamil Nadu

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) '[no portion of any sun1 of money borrowed

ause (a) or clause (c) of sub-section (I)] shall
ed to the payment of salaries or aJIowances
munioipal officers or servants ot'ler than those
ely e,mployed upon the w o ~ k sfor the construe-

43. The time for the re-payment of any money Time f ~ f

;~otwithstandinganything herei JI before contai- Limit of . ,

the borrowing powers or the corporation posers.

be limited so that the sum payable annually for
interest and for the maint.enance of the sinking funds I
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216
Corporar i ~ n
146. VJhena'ny debenture or ssurity issued under
this ~ c t to two or more persons jointly,
either or any of them dies, tkie~en,notwithstanding centl
anything in section 45 of the Indian Contract Act, $$:
1872, the debenture or security shall be payable
to the survivor or survivors of sdch persons :

Prollidc-d tllat nothing in this section shall

any claim by the representative of a deceased
agailxst suci~survivor or survivors.

147. wllei1 two or more persons are joint holders

Df any debejlture or security issued under this Act,
any one such persons may give an effectual receipt.
for any interest or dividend paiable in respect of Such
debenture or security, ul~lessnotice to the contra&
has been given to the corporation by any other of
such pel gens.

148. (1) The corporation shall maintain sinking

funds for the re.payment of money boiioweda <on
debentures issued and shall pay by quarterly
dsainstalmects into such sinking funds such sum
as will be sufficient for the re-payment within the
period fixed for the loan of all moneys borrowed on
debentures issued.

(2) All money paid into the sinking funds shall,

as soon as possible, be invested '[by the commissioner]

"
in -
(a) securities of the Central or the Stat(
Govcmn~entl,or
- " .__11-~-
* I------
-
I These words were substituted for the words " under the or&
c ;the counc11" by section 85 (i) of the Madras City Municipal (Amen
tncnt) Act, 1936 (Wadras Act X of 1936).
r ~ h words
e " tlte Central or the Provincia! Governmentw wwc
ubstituted for the words " the Government of India *' by I '

c-\dsptation Order of 1937 ~d the word "State" was substitu

for " provincial by the Adapt at i ~n Order of 1950.
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- * - --.A--

t IV] Madras City Municipul 21 1

Corporation
securities guaranteed '[by the Central or the

investment shall be rcpor-

the council within fifteen

3 These words were substituted for the words " [cutta, Usn~bay
Karachi municipal debent ures' ' by the Adapt at ion (Amendment)

M a d m City Munj-
atnil Nadu Act 42
force on the 27th
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'.-
:#;
-,

(d) the aggregate amount which has up to

:#r.6t?,js
. ..J d-atedf the statement beell applied under section the
.%

@p- *.
;, 149
4kwm
, . .or towards discharging loans.
5

, "3:. (2) Every such statement shall be :. laitl

u2 ,+,$I before
%
*;

?. , #-;.the council and published.

'ower of carpo-
ration to
consolidate
loans.

[ ,,. ' (2) The terms of any such consolidated loan and
' ;

:.;the
f
2
: f~rm of its scrip and the rates at which exchange
:into such consolidated loan shall be permitted
L*

$hall be- subject to the prior approval of the '[State

;Government].

,q,;
"TL

(3) The period for the extinction of any such con.

-
(solidated loan shall not, without the sanction of the
$?[state Govetnment] extend beyond the farthest date
$$ithin.
@$
which any of the loans to be consolidated
LF: would be otlierwise repayable.
'

I.
$*;&?:. :
$&>@.

&
4
,:$
!,. >

, ( 4 ) * ~ h ecorporation shall provide for the rz-

;@ayment of any such consolidated loau by a sinking
% ~ din the manner laid down in section 148 having
..-+f5:.
$,regard to the amount transferred to such sinking
*-

&!. r;

:$tiitidb d e r section 149.

8, q -..
,

"' ---. --.--

,*; c The wards "Provincial Government)) 'wePB crat.-+:r.-r- ,I
JW WILL
f ~ r
the Ad .ion
I aul! 'itul for
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(2) After such a~tachment,no person excent an

officer appointed in this behalf by the [State Govern
lne~~t] shall in any way deal with the attached fund
but sucb officer may do all acts in respect thereo
-Nhich any z~~lnicinal authority, officer or servan
might have done if such attachment had not take]
e , may apply the proceeds in satisfactio
~ l ; ~ cand
of the arrears and of all interest and costs due i
respect thereof and of all expenses caused by tf
attachment and s ubsecluent proceedings:
Provided that no such attachment shall deftat I
piejudice any debt for which the fund attached w,
charged in accordance with law ; but :
such prior charges shall be paid out of the procee
OF the fund before any part of the proceeds is appii
to the satisfaction of the debt due to the Governme

Estimates of Budget .
expenditure 2 154(1) The commisioner shall in consultation q
and income
the heads of departments of the corporation prep
and submit to the standing committee on taxat

- -
I
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- . -- ^
-
-I_JI_- - __-I - - - --

J Madras City Jl::1zicipnl a15

Corporation
r before the first day of January
et containing a detailed estimate
penditure for the ensuing year,
and if it is in his opinion necessary [Jr expedient to
vary taxation or to raise loans, shall, silbmit his pro-
posals in regard thereto ; and the standing comrnitte::
on taxation and finance shall in coiz~ultatisnwith the
other standing committees co~lsider and finalise
the budget estimate and submit the same with its
recommendations, if any, to the couiicil on or befo~
the twentieth day of January, of each year.
-
(2) In such budget estimate the commissionec

(a) provide for the payment as they fall due

of ail instalments of principal and interest for whit)?
the corporation may be liable on account of loa:;~;
(b) allow for a cash balance, at the end of the
year, of not less than one lakh and fifty thousand
rupees under General Account-Revenue ;
(c) allow fol the allotment from Genera 1
Account-Rewnue of the corporation of such sum
not exceeding ten per cent of the tota: amount at
credit on the said account as is considered necesaaq
for such ekpenditure as is of a capital nature :

provided that no such allotment from the General

Account-Reve~e of $1:~ czrporation shall be made
by the commissioner in case where the said account
of the year immediately preceding the year for whicll
such allotment is roposed discloszs a deficit balance:

Provided further that in all cases where allotmen?

of any sum exceeding ten per cent of the total amount

I
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"within a's~ecifiedtime well in advance of the due date

3 s it stknde o i subject to such alterations as it deems

Pxpeklieht :
. .
at the budget estimate finally adopted
cil shall make: adequate and suitable
each of the matters referred to in clauses
to' (c) of siibb-seetion (2) of section 154 :

Provided further that in all cases where the

. ,"..\,
??$to the Gan&ing corr~mitteeon taixhtion and finance
*?'for reconsideration, the council shall refer the said
*
. -:budget estimate to the said standing committee well
*

jn advance of the due date specified in section 155

. ,' so as to ensure that the budget estimate as finalised
- by the said standing committee is finally adopted by

I: 1157. The council shall finally pass the budget.3bligation

--- to pass the
' . to which it relates and forthwith submit a copy thereof
4

budget before
to the State Government. If the budget as submitted the fifteenth
day of March
Q' to the State Government fails to make adequate of the year. ,
and suitable provision for each of the matters referred
to in clauses (a) to (c) of s~~b-section
(2) of section 134,
*i$
, the State Governmellt may modify any part of the
.
-$
budget so as to ensure that such provisiocs are made.
?i

1 The words " centrd ~ ~ m m i t t e ewere

" substituted for the w ~ ~ A E
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8

218

Failure of the '

council to
pass the
Budget before
fie due date.
#

the year.
f l"

,. Cou~~cil
miry
pass supple-
mental budga

Revenue; at the close of the year shall be re

below 4Cone lakh and fifty thousand rupees.]

1971).

Thew words were substituted for the

4
.I did.
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1919 :T.N.Act IV] Madras City Lfunicipal 219

161. (I) The '[standing committee] may, if it; Reduction or

thinks necessary, at any time during the year-- transfer of
budget, grants.
(a) reduce the amount of a budget grant; or
(b) transfer and add the amount, or a portion
of the amount, of one budget grant to the amount
of any other budget grant :
A

2 *:

1
ft Provided that-
(i) due regard shall be had. when making
any such reduction or transfer, to all the require-
ments of this Act;
A

(ii) the ~lggrcgclcz u x of the budget grants

contained in the budget estimate adopted by the
council shall not be increased except by thc council
under section 159 ;
(iii) every such reduction or transfer shall
be brought to the notice of the council at its next
meeting.
(2) If any such reduction or transfer is of an
amount
. . exceeding Rs. 500, - the council may pass-
A

w ~ t hregard thereto such order as it thinks fit, and

I it shall be incumbent on the lrstand.ing comhitteej
and the commissioner to give effect to the said order.
162. (1) If it shall at any time during any year
appear to the council, upon the representation of
'
the [standing committee], that, notwithstanding
any reduction of budget grants that nay have been
made under section 161, the jncome of the municipal
fund during the said year will not sufice to meet
the expenditure sanctioned in the bud ret estimate whenever
of the said year and to leave at the close of the year necessary.
ee
-1

.'The words "central committee" were substittlted for the words

anding committee " by section 101 of, and Schedule I to, the
dras City Mtlnicipal (Amendment) Act, 1961 (Tamil Nadu Act
of 1961); and the words "standing committeen were again substi-
ted for the words "central committeewby section 34 of, and Schedule
to, the Madras City Municipal Corporation and Tamil Nadu
District Municipalities (Amendment and Extensio~lof term of office)
Act, 1971 (Tamil Nadu Act 22 of 1971).
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222 Madras City Mrtnicipal [1919 :T.N. A

Corporation
Trespass on 166. It shall not be lawful for any person'except.
water-supply
premises. with psrmission duly obtained to enter on land
vested in the coiporation along which a coi~duit
or pipe runs or oil any premises connected with
the water-supply.
Prohibition of 167. (1) Without the permission of the commissioner
) building over
no building, wall or other structure shall bk newly
I
water-mains.
erected ':~d no street or railway shall be constructed
owr any municipal water-maias.
(2) If any bnilding, wall or other structure be
so erected or any street or railway be so col~structed
the commissioner may, with the approval of the
[standing committee], cause the same to be removed
or otherwise dealt with as to hiin shall appear fit
and the expenses thereby incurred shall be paid
bv the persons offending.

168. All house-connexions, whether withi

without the premises to which they belong,
the corporation's water-supply mains shall be u
the control of the cnrnnration. but shall be a'te
&
'
r
.
"
- ----
of the owner
- *
- - ---
-*a

of the premses to
-' - .--

which they 610ng, .q

hk

or for the use o f wfiich they were cunstruc

in conformity with by-laws made in that be
169. (1) The commissioner may on ap
hv the owner or ncfii~nierof anv building
-d ---:-
- -- - -
I A * -

. thereto for domestic onsumpt~onand use :

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Corporation

3'.
Provided that tlie commissioner shall not
- - - wi
. . - tllourn
--- - ---
- - -- - -

56 the sanction of the rstandina

" committ,eet
-------------1 a --
~ r e e tn
-0---

(2) Whenever it appears to the commissioner

#>
/..- that any dwelling-housd assessed at an annual value
;'3f&of not less than Tsixtvl rupees is without a Droner

part of such building, the commissio~ner may

ndtice require the owner to obtain such suodv . * A

and to execute all such works as may be necessary

for that purpose
C . in accordance wit11 the bv-laws.
-- -4 - -

(3) It shall not be lawful for the owner of

y dwelling-house assessed at an annual value
not less than '[sixty] rupees which may be
constructed or re-constructed after tlze commencement
of this Act, to occl~pyit or cause or permit it to
be occupied until he has obtained a certificate from
the commissioner that there is provided within or
within a reasonable distance of the ho~lsesuch a
supply of wholesome water as appears to the
commissioner to be sufficient for don~estic consump-
tion and use of the inmates of the house,

a[(4) Where on any land there are two or more

superstructures the annual value of each of which
is less than sixty rupees and the owner of the land
is not the owner of all the supcr.structuscs, the
.-

I The words "central commit teey' were substituted for the words
"standingcommitteew by section I01 of, and Schcdulc I to, thc
Madras City Municipal (Amcndmei~t)Act, 1961 (Tamil Nadu Act
56 of 1961); and the words "standing committeew weie again
substituted for the words "central commit teeu by section 34 of,
and Schedule I to, the Madras City Municipal Corporation and
Tamil Nadu District Municipalities (Amendment and Extension
of term of ofice) Act, 1971 (Tarnil Nadii Act 22 of 1971).
"This ward was substituted for the words "one hundred and
twentyu by section 2 of the Madras City Municipal (Amend~nent)
Act, 1924 (Madras Act VI of 1925).
I 8 This sub-section was substituted for original sob-section (4) by
I section 94 (i) of the Madras City Municipal (Amendment) Act,
1936 (Madras Act X of t936).
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4 --- . '"A*--

at shall be deemed ta include a supply--

(i) for flushing latrines or draiits;

(iii) for the ci3nsumption and use of i ~ ~ n ~ t e s

of hoJ>cls, boarding bo iises and :cs;d(:ntiai clubs
d for baths used by sush inmztes, '[or
t
~
(iv) for the consu:nption and ~ i s x ~persorls
if
sorting to theatres and ci r~emas.'j 1
Private Water-supplyfor non-domestic 2zoyose~.
170. (1) The com~cissionermay, with -the saiiction Commissioner's
the [standing comrnkrtaej, supp'y wzter fa-any

quantity likely to bo coow-ned.

I
e manner as the property tax].
Supply in special cases.
1. The corporation shall if required supply supply t. :oca r
St. George and the Port Trust with water and authorities-
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-
(5) Where an occupier has paid the cost of a - $5.1
%,
,? L4
-s
ekr or of fixing thz same; he shzII, udess the meter + +3
*%*.

fixed as part of a comexion for which he , Y&

s applied, be entitled to rezover such cost from. 22
kt
owner and may deduct it froin the sent then T

thereafter due by him to the owner.) I

, . 172. (1) The coinmissioner may but off the supply Power to cut 03'
of corporation water from any premises-- water-SUDD~Y.
I
(a) if the premises are unoccupied;
[(b) if a meter is not fixed to the servl~z
connexion of the premises in accordance with the
provisions of the by-laws made by thc council
under section 349;
t the owner or occupier neglects to
(c) if
' coi~iplywith any lawful order or requisition regar-
ding water-supply issued by the commissicrncr within
the period specified therein ;]
l [(d)] if any water-lax or any str:n cluc
for
water or for the cost o f making a co~lne;<ionor thc
cost or hire of a metes or the cost of carrying 011e
ny wcrk or test connected with the u:~tc~--s~lpply
ich is chargoablc to arry pcrsorl hy or. ~~r,d(;r
Act i s not pyrid within [fifteen da) s j after
111 for such tax or sum has been prcscnfed ;
[(el] if
after reccipt of a notjcc r'w-rl 1;:s
m&sioner requiring him t3 refrain f :o
&ng ihc o?'incr or /~cc;c;~lpjcrcontinuct, irc,c the ,

water or to pcrmrt 11 to UL. USBU in contravcnlion

any by-law made under this Act;
.of
. -- ---- ------.----____ .
1 Clauses (b) and (c) were inserted, and the criginal clauses (bh,
(c), (d), (a), ( J ) and ( g ) were relett esccl as clauses (d), (c), ( f ) , ( g ) , (h)
and (i)respectively, by section 97(i)(n) of the Madras City Murlicipni
(Amendment) Act, 1936 (kladras Act X of 1936).
s were substituted for the words "thirty daysc* *

- - k
t
$
:
<" -.,
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228 . Madrc!: Cit~'Afunicipal 11919 :
Corporation
if the owner or ocqupier wi

l [(h)] if any pipes, taps, works or fittin

connected with the corporation vater-supply are
founb -. examii~ationby the commissioner to be
u u t of repair to such an extent as to cause waste
o r contamination of water ;

given to the owner or occupier of the premises.]

inent of all the sunis referred. to in clause (d) of

section (I), except water-tax.
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ON*Act IV:, Mndras City Mid~~icipal 229

Corporaticn
'The expense of cutting off the supply shall
by the 2[owner and .occupier of the premises
severally1.
l[(4)] In cases "under clause (d) of sub-section (I)]
n as any money for non-payment of which
been cut off, together with the e,qense of
oE the supply, has been 'paid by the owner or
the commissioner shall cause water to be
before on payment d the cost (if any) of
connecting the prem*seswith the corporat:ion water4
i

l[(5)]No action taken under this section shall

ny person from any penalties or liabilities
he may otherwise have incurred.
The corporation shall not be liable to Bn]l ~ ~ n d a b i l i tofg
or damages for cutting off the supply of water corporation
not supplying waler, in the case of unusual
rought, other unavoidable cause or accident, or the ,ade in wtain
zzcea
':fpZt
iecessity for relaying or repairing pips. ~ases.

Lighting.
174. The comn~issioner shall takc measures for hoddon for
lighting in a suitable manner the public streets and lighting public
public markets and all places of public :esort vested
in the corporation by electricity, gas, oil, or such other
illuminrrnt as the council nlay deternine.
Public Dlqciincrge.
1'75. All p~blicdrains, pipes and drainage works vestins: of
existing at the time of the coming illto operation of this drains in cer-
peration.
Act or afterwards made at the cost of the corporation
. otherwise, and all works, materials and ta~,,gs
0 -
appertaining thereto sl~allvcst in the corporation.
New sub-section (2) was inserted, and original sub-
sections 2), (3) and (4) were renumbered as s:~b-sections(!),
, 4
4) and ( ) respectively, by section 97 (ii) of the Madrs sty
&unicipal (Amendment) Act, 1936 (Madras Act X of 1936).
8 ~ h e s words
z were substituted for the words 6 6 owner or occu-
pier of the premises " by section 97 f iii), ibid.
sion was substituted for the exprzssion "under
ection 97 (iy), tbid.
"i
I
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Private Drainage.

commissioner may-

from said premises ,to such public

place and ; a w e to be executed all such
may be necessary:
_ _ L _ _ c -
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M ~ l d mCity Af~+;~!cipal 231

Corporation
Provided that-
(i) not less than fifteen days befoi-e constru-
ting any drain or executing arty work under clause
), the commissioner shall give notice to the owner
f the nature of the intended work and the estimated
xpenscs recoverable fisoin the owfier; and

(ii) the expenses incurred by the coinmissioner

t shall not be la\vf~~l

for the owner of any
constructed or reconstructed after the cornu

e occupied until he has obtained a ccificate

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Commissioner~s
179. (1) When the Commissioner is of opinion t
power to drain any ~rotlpor Mock of premises any part of w
- p r n i s e s in situate within one hundred feet of a publi
~smbinat i on. already existing or l [about to be provided o
process of construction], may he draf ned mor
micalrl 3r advantageously in combmation than s
taly, the commissioner may, with the approval of
'[standing committee], cause such group or block
pie~nlsesto be drained by sirch method as cppears
the cominissioiler to be best suited therefor andj t
od by the coommissiol~erin so doing sh
expenscs ii~crll~r
be paid by r h ~owilcis in such proportions as
'[stardiug col,ttnittee] may think fit "and shall
recov~rablcin thc same inanncr as the propcay ta
(2) Not less than fifteen days before an
under this section i s commenced, the comm
shall give writtcn notice to the owners of-
(a) the nati~reof the intended work,
(b) the estimated expenses thereof, and
(c) the proportion of such expenses pa
by each owner.

(3) The owners for the

premises constituting a grou
sub-section (1) shail be the joint
-. ..-.- ------- ---
1 Tkcsc words were substituted fo
constructed " by section 2 (ii) of the
District Municipalities(Amendmcnt)
of 1942), re-enacted permanently b
Schedule to, the Tamil Nadu Reven
kct,l948(TamilNadu Act VII of 1948).
The wards "central commit
words "standing committee " by s
the'Madras City Municipal (Amen
Act 56 of 1961) ;and the words
substituted for the words c6centsalcorn
and Schedule 1 to, the Madras City M
Tamil Nadu District Municipalities (A
of term of ofice) Act, 1971 (Tamil
These v:ords were added by secti
&%:dga! (-* 3 3 3 3 x ~ t &t,
) 1935 ['E;If zdt.33 A
. - . \ . .. .
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1 180. (1) Where a drain connecting any premises Commissioaer,s

e
9

4r
a.y
with a public drain or other place set apal t by t h cor-
~ power to close
poration for the discharge of drainav is sufficientor limit the use
for the eff~ctualdrainage thereof and is other\;;ijepfivateof existing
drains,
I.
d
!!
y
\
unobjectionable, but is not, in the opinion of tile corn-
missioner adapted to the general drainage system of
me city, or of the part of the city in which such L: -in
is situated, the commissioner, with the approval of
the '[standing committee], may-
(a) subject to the provisiol~sof sub-section (2)
close, discontinue or destroy the said drain and do
any work necessary for that purpose ; or
(b) direct that such drain shall, from s~rchdate as
he fixes in this behalf, be usedfor sewage only, or for
water unpolluted with sewage only, and may con-
struct at the cost of the corporation an entirely dis-
tinct drain either fol water u ~ l ~ ~ d l u i., d sewape or
t eith
for sewage.
(2) No drain may be closed, disccl~tinued 01
destroyed by the commissioner under clpw~~:;e (a)
sub-section (1) except on condition of lii!i providin??
another drain as effectual for the dr:iinnr: of th,:
C

premises and coinmunicat.ing with a public drain or

i The words "circle ~ ~ m m \ tcollcerned"
t~e fo.
wwero s~~bstituted
the words "standing comn~ittce" section 101 of, and S ~ h e d u ] ~ ~
to,the Madras ~i ty Municipa KAn~endrnent)Act, 1961 (Il'amilNadu
~ c 66of
t 1961); and the w ~ d "standing
s con~mittae"were again
substituted for the words " c.ircle committee concerned " by section
34 of,and ScheduleI to, the .Mad<as City Municipa :Corporation
*fid TamilNaduDistrict Municipalltles (Amendment and Exttnsion
ofterm of.office)Act, 1971 (Tamil Nadu Act 22 of 1971).
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I
I

other place aforesaid and the expense of the

tion of any drain so provided by the corn
and of any work done shall be paid by the oorpor

181. (1) Wj.tl~o~.it

the permissiol~of the commissio

thereof ill the Jnnlmer provided in section 387.

owner or

over tlzc side chrtn!:eIs or ditches at the entran

the said building or iinld.

spxified in the said notice, and shall be maint

and kept free from all obstructioil at the expense
the said owner or occupier.
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. .

t N] MadrnsCit+~~iMzmiripal 235

-
Corpora:ion
Public Latrines. "Y.:'
3'3
"9'5
(

4, The corporation shdll pro.vide asid maintain ~ r ~ v i sofi~n t a;

3;
ope1 and convenient places a sufficien.tnumber of public latrines* " .
.*
lic latrines and shall cause the sanle to be kept .I ,

i r proper order. - r ,i

(1) The commissioner may license for any Licensing of

ot exceeding one year the provision and public laaines-
nce of latrines for public use.
) No person shall keep a public latrine without a
under sub-section (1).
) Every licensee of a public latrine shall main-
clean and in proper orda .
Private Latrines. r< '.

l[186. (1) The commissioner may, by notice, require p , , , ~of~ ~

the owner or o ~ u p i of r building, within such latrines by
~ ~any
time and in ac-ardance with such directions as may owner or
be specified therein, to provide flush-out or other
latrines for the use of the persons employed in or
about or occupying such building or alter or remove
from an unsuitable to a more suitable place any
existing latrine. Such owner or occupier shall keep
every such latrine clean and in proTer order.
(2) Every owner or occupier OF the ground on
which any block of huts stands shall, within such time
and in accordance wit11 snch directions as may Se
specified in a notice issued by the cornmissioner,
provide flush-out or other latrines for the use of the
i~habitantsof such block of huts or alter or remove
from an unsuitable to a m ~ r esuitable place any
existing latrine and shall keep the same clean and in
. proper order.]
tituted for original section 186 by section
unicipal (Amendment) &t, 1936 (Madras

5
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Corporuf ion
187. Every person employing workmen,
or othsr persons exceeding twenty in
provide and maintain for the separate us
each sex so employed '[flush-out or
of su-h description and number as tile cornmiss
mav bv notice reo* ilire. and within such time as
--J - d

fixed in the io;ice a i d shall keep the same clean

in proper order.

i88. The commissioner may by notice requke

owner or manager of a market, cart-stand, ca
stand, chouttry, %i~'~itre,
railway station, dock,
or other dace of uublic resort within such ti
be
may spkified in ;uch notice to provide and
for the separate use of persons of each sex
out or other latrines] of such description and
and in such a position as may be specified and to
the same clean and in proper order.

189. iUl '[flush-out or other llatrin.es] shall be s

constructed as to screen persons using the same fl
the vievr of pcrsolls passing by or residing in
neighbourhood.

Po wcrs.
21;cr~eri;li

Power to 190. The cornmissioner may chrry any cable,

carry wire, pipe, drain oi channel of any kind to establis
pipes,
drains et-c., Gintain any system of drainage,wzter-sup@
through lighting, iivotlgi~,across, under or over any roa
private
property street or i~iaccIrkidout for a road or street and
subject to giving rcnsontrtlz notice to the owner or occupi
a causing as throug!l, acrdss, under, over, or up.the side of, a
little incon-
venience as land or b ti ilding iil the city, and may place and mainta
possible and posts, psles, stiii~dards,brackets or other coiltrivanc
pa) trig for to support c~blcs,pipes, channels, wires and ligh
direct
damage. --
These words were substituted for the word " 1
I
section 102 ofthe M a d r ~ City
s hiunicipa 1 (Amendme
(Madras Act X of 1936;).
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19: T.N. Act IV] Madras city Municipal 237

Corporation
on any pole or post i n the city not '[vested i11 the
2(Government) 3( * :1: * *: * )I
and may do all acts necessary or expediellt for repairing
or maintaining any such cable, wirc, ;-ipe, drain,
channel, post, pole, standad, bracket or &her similar
contrivance in an effective state for the purpose for
which it is intendcd to be tlsed, or folurc-movin~thc
Same :
Provided that slick work slid1 be done so as to
cause tile least practicable 11uisance or inconve~~ience
to any person : a

Provided further that the commissioller sllall, with

the sanction of the 4[standing comnlitteel, pay com-
pensation to any pelson who sustains damap by the
exercise of such power.
191. (1) No pelSsoll sh'rii, v,!; ,out the permission Prohibition
L,

of the commissionsr, make any con~iexiunwith a n y against .

municipal cable, wire, pipe, tirain or channc: or with making
the house-connexion o :":i ny other person . without
permissioiz.
(2) The commissiroaermay by notice require a ~ l y.
connexion made in cantravention of sub-section (1)
to be demolished, removed, closed, altered or re-made.
192. If the corporation conduct any pips or drain powor to
or other work connected with the water-supply or require
railway
drainage-of the city across ---a line--of railway, they may, k,,l, +.,
rr- i ------ - - - --- -- to be rased
., These words were substituted for tho words "awned by the OT lowered.
*
,Government of India" by the A'rlaptaticn Order of' 1937,
'F. 8 This word was substituted for the word "Crown " by the
Adaptation Order of 1960.
' 8 The words and under the control of tlic Central Govern-
ment" were omitted by the Adaptation (Amendment) Order of
1950,
6 The words " central conmittee" were substituted for the
words standing committee" by section 101 cf, and Schedule I
to, the Madras City Municipal (Amendment) Act, 19f,1 (Tamil
Nadu Act 56 of 1961) ; and the words "stznding co~,lrnittee'*
were again substituted for the words "central committee" by
sectim34of, and Schedule I to, t he M ~ d r aCity
s Municipal Corpo-
ration and Tamil Nadu District M urricipalitics (b.rnendment and
Extensionof term of oEce)Act, 1971 (Tamil IcaduAct21 of 1971)+
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%O ~Fftr&~,y Ciiy dflr/zicipal [I919 :T.N. AC
Corporation
in any prcmists, ti1:: entrance to which is situated

collected by the owner or occupier of such premise

and deposited in such receptacle.

Removal of
rubbish and
filth
accumulating
in large
quantitles on
premises.
prescribeu :. a notice issued ullder section 195, the
comnzissioner may-
(a) by notice ;equire the owner or occupier of
such premises t o calicct: all rubbish and filth accumu-
latin@thzreon, and to ranlove the same at such times,
in such carts or receptacles, and by such routes as may
be specified in the notice; to a depot or place provided
or appointed under section 194 ; or

197. The commissioizer may contract with

owner or occupier of any premises to remove rub

suitable to the commissioner, and on payment of

at such rate as the council may determine.
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ii) provide vehicles or -other suitable means

removal of rubbish and carcass& of animals ;
and
(iv) provide: covered vehicles or vessels for the
removal of filth.

, (2) The commissionar shall make adequate pro-

vision for preventing the depots, places, dust-bins,
vehicles and vessels referred to in sab-section (1)
from beco~ningsources of nuisance.]

195. (1) The cofilmissioner may with the previous Public notice
sanction of the l[standing committee] by public notice ordering
eposit of
\
direct that all rubbish and filth accumalating in any rubbishand
premises in any street or quarter of the ci t~ specified filth by
in the notice shall be collected by the owner or occu- occupier.
pier of such premises, and deposited in a box or
basket or other receptacle, of the kind speciLL' in
such notlce, to be prwided by such owner or occu-
pier and kept at or .near the premises.

(2) The commissioner may by public ootice

in any
direct that all rubbish and filth accu~~lulating
latrine not connected with a drain and in rcspect of
which no contract under section 197 has been entered
into, shall be collected by the owner or occupier alld
deposited in municipal carts. t

(3) The commissioner may cause public dust-

bins or other convenient receptacles to be provided C ,

at suitable intervals and in proper and convenient

situation in any street or quarter tn respxt of which
no notice issued under sub-section (1) or sub-section
(2) is for the tirhe being in force, and may by public
notice direct that all rubbish and filth ac(:umulating
-. -
The words '' circle cornn ~ittee conccrncd '' were substituted
for thewords "standing c mmittcc" bv section 1 0 1 of, 2 r~dSchedule I
. to, the bfiadras City Municipnl (rli~ltril~~~r.rcnt)
Aci, 1961 ('liunil Nadu
- Act 66 of 1961) ; and the words "standing c.ornlni(:tzewwt3rc again
substituted for the words "circle comn-litteeconcerned" by section 34
of, and Schedule I to, the Madras City Municipal Corporation an4
@ smil Nadu District M~~licipalities (Amendment ~ n Extension
d ot
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rdm City
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Corpor
in any prcmiats, t I ~ eentrance to which is situat
within fifty yards of any such receptacle, shall
collected by the owner or occupier of such premi
and deposited in such receptacle.

Removal of 196. When any premises are used fcr carrying o

rubbishand any manufacture, trade r r business or in any
filth that rubbish or Elth is accumulated in qua
accumulating
in large which are, in the opir~ionof the com,nissioner, to
qmtitieson considerable to be deposited in any of the methods
premises.
prescribed by a notice it sued under section 195, the
comnzissioner nlity-

1 (a) by notice require the owner or occupier of

such orernises to ~ a l l e c tall rubbish and Elth accumu-
lating thereon, ana to remove the same at scch times,
in such carts or :eceptacTes, and by such routes as may
be specified in the t~otice,t o a depot or place provided
or appointed under seeti911 194 ; or

I I
(b) after givil~:; such owner or occupier notice of
his intention, caucue all rubbish and filth accumulatczd .
in such premises to be removed, and charge the said
owner or occupier for such removal such periodical
fee as may, with t\e sanction of the "standing corn-
I mitteel, be specified in the notice issued under clause

Contract 197. The commissioner may contract with the

with Owner owner or occupier of any premises to remove rubbish
07 occupier
forremoval or filth from such. premises on such terms as to time
ofrubbish and p e r l ~4 qf removal and other matters as may seem
and flltll* sullablc to the comn~issioner,and on payment of fees
at such rate as the council inay determine.

The words "centi .?I tori. nittee" were suhstituted for the words
"standing comnsittee" L y sz~tion101 of, 2 n d Schedule 1 to. Ihe Madras
City Miunicipal (hnlccdmen
and the: words "standing cc
words '"central committee"
Madras City . ----
palities (Ahendinerit ar!d Extension oT Tel-ln of Office) Act, 1971
(Tamil Nadu Act 22 o f 1971).
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e commissione~shall provide--

) for the daily surikce-cleansing of all giIb]ic

and the relnoval of the Sweepfigs therefrom, rubbl

contents of all receptacles and depots

accumulations a t all places provided or appoin-
der section 194 for the temporary deposit
things specified therein ; and

( c ) the route by which such carts or other recep-

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242 Mndmis City Jfunicipal [I919 :

Corgorntion
Maintenaaoe 201. The corporation shall maictairz an est
of
for
~~(sq t ment L.::dzr the control of the commissioner f
re*ova1or removal of rubbish and filth froin latrines which are
rubbish a 4
filth. not conne;ted b i t h a public drain.

aocufnulagon issued under szction i 9 5 or section 196, as the

Sam@so to accumulate for more than twenty-four

(2) No person shall deposit any rubbish 'or

..' *

.
j,.'

t~
'

bank of a water course or tank ; or

(b) deposit filth or carcasses of ani

a dy dust-bin or in an!' vehicle not intended
removal of the same ;or

(c) deposit rubbish in any vehicle or

intended for the removal of filth except for the p
, t f 7 or di~jnf~.cfin;:t h : fijf h.]
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iC
- --
1919 :T.N. LLt I V ] AT~ltl~.trs
Cily ilfriilicipo/ 743
Y

i. Corporatiom

=[(4)] NO owner or occupier of any prelnises .,1 311 Prohibition

keep or allow to be kept for more than twenty-four against
keeping
hours, or otherwise than in a receptacle approved by rubbishor
t the commissioner, any rubbish or filth o n such pre. filth for
r
more than
mises or any place belonging thereto or neglect to twenty-four
emplo:r proper means to remove the rubbish or filth hours or in
from pr to cleanse -Such receptacle and lo dispose of place or
such rhbbish or Jilth in the manner directed by the manner.
commissioner, or h i 1 to con~plywith any requisition
of the cotmmissioner as to the construction, repair
paving or deansing of any latrine on or belonging to I

the premises.
5 ) No owner or occupier shall allow the water Prohibition
of any sink, drain or latrine or the drainage from any against
allowing
stable or place, or any other filth te roo dc wn on, or
to, 0.r be put u'pon, any street, or into any drain in or flow in
alongside of any street except in such 111anner as streets.
shall prevent any avoidable nuisance froin any such
filth soaking into the wall9 or ground at t l ~ eside of the
said drain.
2[202-A. Wherc a mosque, temple, mutt or any ~ontritutions
place of worship or instr~~ction from persons
or a n y place having
which is uscd Tor holding Dirs, festivnis or o t l ~ c rlike ,o,tml over
purposes in the city or in its neighbonrhood, attracts places of
on occasi m s , a large number of persons,
the comlnissioner shall make special arrangements
hether permanent or temporary which may be
necessary in the interests of public health, safety or
and reqoire the trustee or other person
ving control over such place to make such recurring
*on-recurring contribution t o .the funds of the cor-
he 3(State Government) may determine.]
---
d as sub-sections
as City Municipal

was inserted by section 106, ibid.

ment" were substituted for the
,Adaptation Order of 1937 and
"Provincial" bjl the Adaptation
J
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244 .': iihc~s City Jlrrllicipal [I919 : T.N. Act IV i

Curpol'ati~?r j

i
",* 1
Public Streets.
.a
P
T
Vesting of 1~203.(1) All public streets in the city not reserved
public undct the cor~trolof 2[the Central or the State Govern-
streets and
their appur- ment], wit 11 t hc pavements, stones and 3tl1er materials -?

tevarrces i~ thereof, a n d ill1 works, materials, implements and

corporation, othcr things p;ovided for such streets, all sewers,
drains, drainago works, t u n ~ ~ c n
l s~ l dculverts whether
made at the cost of the municipal fund or otherwise,
in, alongside or under any street, whether public or
private, and all works, n~aterials, implements and
other things appertaining thereto and all trees not
being private property growing on ~ u b l i cstreets or
by the side thereof, shall vest in the corporation,
(2) Thc FTStatc Gove~nmcnt]may by notification
nithdraw any such street, sewer, drain, drainage
work, tunnel, culvert or tree from the control of the
corporation.]

stntcl~a~
,ce 41204; The corporation shall cause the public streets
lndrepair Of
tr cets.
to be maintained and repaired and may make all
l ~ n.ccessary or expedient
improvements thcrcto w l ~ i c arc
for tlie puhlic sakt;. or convclzicncc.]
..I.-..* ...
--__I

This section ~ s substituted

s for otiginal section 203 by section
107 of the Madras City Muni~ipal(Alllcndment) Act, 1936 (Madras
Act X of 1936)
"lie iliords '.ti e
: Order of 1937 and t
' by the Adaptation 0
*
The words "Pro
words "Local Governnl
the word "State" was substit
tation order of 1950.
4 ~ e c t i ns
o 204, 20
which is vested in the Ta
46 (d) and 69 (1 t of the
(Tamil Nadu-Ac, 17 of 1961). &,I
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,*-__

Act IV] Madras City Municipal 245 *Y-

,. Co~porltlon

(1) The commissioner may, st~bject always pow,, of

sanction as may be required under ( hapter IV, authorities
in regard to
streets.
(a) lay out and make I[new public streets];
(b) construct bridges and subways ;
2[(c) turn, divert, or with the special sanction
of the council and the 3rState Government], perma-
nently close any public street or pa.rt thereof 1;

(d) widen, open, extcnd or otl~erwiscimprove

any public street.

(2) Reasonable compensation shall bz paid to

the owners aiid occupiers of any land or buildings
which are acquired for or aKected by ally such. purposes.
[(3) In determining such cot~lpensation, allo-
wance sl~allbe made for any benefit accraing to the
LJwner or occ~~piercot~ccl-ncd,frorn t hc c o l ~ s l t . ~ ~ c ; ~ , ~ n
or jmprovcment m:~dc by t l ~ ccommissionc~:)
[206. (1) When any public stscct is ocrrnrtnci~tlyPower to
clispose of
closed under section 205, the corporation h a y dispose permanently
of the site or so muah thereof as is no longer required closedstreetso
making due compensatioa to any person injured by
such closing.

These wot.ds were sul?stitt~tedS i x the words "new st!-ects" by

sectiola 108 (i)of thc Madras City Municipal (An~endrnent)Act,
1936 (Madras Act S of 1936).
%Sections204, 205 (1) (c) and 206 will not apply to any street
which is vested in the Tamil Nadu State Housing Board under scctions
46(d) and 59(1) of the Tamil Nadu State Housiilg Board Act, 1961
(Tamil Nadu Act 17 of 1961).
*'
"he words "Provincial Gover~zment"were substituted for tho
woibds "Local Goverrztncnt" by t n c Adaptatiorl Ordar of 1937 and I
thc word ''St?~te" was substituted for "Provincinl" b j Lhc ifLdnp-
tation Order of 1950.
4 This sub-section was n d ~ e d
t j J ;,c,,:~,, :38 (ii) of the Madras City
Municipal (Amendment) Act, 1936 (Madras Act X of 1936).
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llladras City Municipal [I919 : T.N.

Corporation
(2) In determining such corn
shall be male for any benefit
premises or ally adjacent premises
same owner from the construction or i
of any other public street, at o
that the public street, on account
sation is paid, is closed.]
207. (1) The co~nmissioller
of to such sanction as may be required

( a ) any land req~iired for the

ning, opening, extending or otherwi
public street, or of making any ne
and the buildings, if any, standing upon su
(b) any !and outside the
ment, with the bui Icings, if any, s
which the counci 1 may consid
acquire.
( 2 ) kny 1aitd or building acy\.ired under sub-
section (I), clause @), may be sold, leased or other-
wise disposed of after public advertisement, and any
conv~yancemade for i L p may comprise
such conditions us the '[st anding committee] thinks
fit as to t h removal
~ g ing, if any,
cf the c x i s t i ~ ~bpild
t' e descrip~io~x of the ncw bailding (if any) to b
period within which the llcw building (i
ally) sh;~ll be completed a w l any otller similar
matters.
(3) The l[st.a~~tling committee] may require any
person t o whom any land or buildin(: is transf~rred
u rider su b-se c ion
~ (2) to comply w it11 -any conditions
comnrised in the said convcyancs before it places him
in pbssessi on of the land-or building.
1 The words "ceiltral comwittce" were substituted for th
words "stallding (:omrnittee9' b section lcll of, and Schedule
to, the Madras City ~ u n i c i ~ a(Alne~~dmont)
r Act, 1961
Nadu Act 56 of 1961); and tlze words ''standiag corn
were again substituted for the words "central conimitte
section 34 of, and Schedule I ,Lo, the Madras City
corporation and Ta,~~lil Nadu Dic t r i ~ t Municipalities
ment and Extension of term of olftce) Act, 1971 (Ta
Act 22 of 1971).

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1919 : T.N. Act IVJ illnc7/*nsCity Muni(:ipnZ 247

Corporatioil
208. The '[standing committee] may- Power to
(a) prescribe for any puLi;i otreet a building ling prearibe
mding line
a street alignment or both a bujlding line and a rad atreet
eet alignment ; atignn,eut.
(b) from time to time, but subject in each case
to its receiving the authority of the council in that
behalf, define a fresh line in substitution for any iine
so defined or for any part thereof, prcvidcd that s ~ c h
authority shall not be accorded-
(i) unless, at least one month before the meeting
of the council at which the n~atteris decided, public
notice of the proposal has been given by the
mmissioner by advertisement in the local news-
rs and in tho [Official Gazette], and special
e thereof, sigmd by the commissioner, has also
put up in the street or part of the street for which I

freshline is proposed to be defined ;and

(ii) until the council has considered all objections
to the said proposal made jn writing and delivered at
the municipal office not less than three clear days
before the day of such meeting.
09. (1) No person shall construct any portion of
building within a street alignment defined under Restrictions
ion 208 provided however that the commissioner an erection
may in his discretion permit additions to a building to b,il&nss
to be made within a street alignment, if such additions within street
merely add to the hcight and rest upon an existing alignment or
building line.
,
building or wall, upon the owner of the building
executing an agreement binding himself and his suc-
cessors in i n r e s t -
(a) not to claim compensation in the event of
the commissioner at any time thereafter calling upon
him or such successors to remove any building erected
or added to in pursuance of such permission or any
portion .thereof,
_-- ..-----
^ *
I
--
1 The words "cential comi~littce" were sub:tituteti for the words
"Standing comm~ ttec" by section 101 of, and Sc'-.edula I to, the
Madras City Mu-~icipal(Amendment) Act, 1901 (Tarnil N::du Act
56 of 1961); ;llld the ~ 0 3 . d "st;lnding
i commitcco" were again subs-
tituted for the ~ N Q ? ~"central
S commit;tee" bJ section 34 of, and
Schedule I to, the Mr!di-1sCity Municipd Corparation and Tamil
N*duDistPt Municipalities (Amendment and Extension o f 4-:m
of oflice) Act, 1971 (Tamil Nadu Act 22 of 1971).
%Thesewords were substituted for the words "Fort Sf. George
Gazette " by the Adaptation Order of 1937*
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I
248 dlac~tarCity iiIunicipal ~1919:T.N. Act 1V t
I
Corpo ~~utio?i !

(b) to pay the expenses of such removal :

I
- Provided that the coln~~~issionershall, in eve
case in which he gives permission, report his reasons
in writing to the 1[s,anding committee].
4.

I; :he commissioiler refises to grant permission to

erect or add to any building on the ground that the
proposed site falls wholly or in part within a street
alignmcnt prescribed under sectioi~208 and if such
site or tho po~*i,iol~.
thereof' which falls within such
alignment be cot acquired on behalf of the corpor
within one year after the date of such refusal,
corporatior1 shall pay reasonable cornpensat
to the owner of the site-
(2) No person shall erect or add to any bui
ween a street aligi~mentand a building line
under section 208 except with the permjssion
commissioner, who may when granting pe
impose such co~ditionsas the '[standing committe
may lay down for such cases.
210. (1) U7hcn any buildii~gor part the
ting on a public street is within a street
defined uqder sectiqit 205, the commission
whenever j i is proposed
(a) to rebuild such building or take it down.
an extent: exceeding one-half thereof above ths groun
level, such half to be measured in cubic feet ; or
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1919: T.N. Act IV] Madras C;t.y Afio~ic:iprrl 243

Corporrd ficn

(2) When ally building or any part thereof within

the street alignment falls down or is burnt '-1~:n or
is, whether by order of the commissioner or c;ther-
wrse, taken down, the co~nmissioner mav forth-
with take possessjon on behalf of the cospoiation of
the portion of land within the street alignment thereto-
fore occupied by the said building and, if necessary,

(3) Land acquired ~lilder this scdjon shall be

deemed a part of the p~lblicstreet and shall vest in
the corporation.
(4) When any buildir4g is set back in pursu-
ance of any requisition made under sub-section (I)?
or when the commissioner takes possession of any
' land under sub-section (2), the cor~oration shall
forthwith make full compensation to the owner
for any direct damage which he may sustain tl~ereby.
Explanation.--The expression 'direct damage' as
used in sub-section (4) with reference to !and means
the market value of ihe land taken and the deprecia-
tion, if any, in thc ordil~nry?narkct v;ilui: of the rest
of the land resulting f r o ~ n tile heirlr reduccd in
size; but does not include damage due to the prospec-
tive loss of any par..iculat use to which t he ownej- nlay
allege that he i11te12ded to put the land ;~ltl~ough such
use may be ii~jui-iouslyaffected by the I-eductio~~ of

211. The commissrone~~ may, L I ~ G I Isucl~terms as hc Setting

thinks fit, allow any building to be set Sot-wald for the f:+'$&?& to
purpose of improving the line of a p ~ ~ b lstreet
lc and improve line
may, with (he sanction of the lrstanding committee], of street.
by notice require any building to be so set forward
in i;he case of reconstruction thereof or of a new
- - -...- --
1The words "circle con~mitteeconcerned " were substiiuted for
he words "standing committee " by section 101 of, and Schedule
City h%unicipal (Arnr:ndmenl f k t , 1961 (Tamil
1961) ; and the words "standing commitice " were
for the words " circle committee co~~cerned" by
on 34 of, and Schedule I to, the Madras City Alunicipal Corpora-
and Tamil Nadu District Municipalities (Anlendmen t and
ension of term of ofice) Act, 1971 (Tamil Nadu Act 2 2 of 1971).
 LatestLaws.com

250 M a b s City Municipal [1919:

Co.;~oration

Explanation .--For the pur

wdll separating any premises fro
be deemedto be a bililding ; :In
sufficient comp\iancc with per
to set forward 3 building to the street alignme
wall of such material aid A; iLAe:
by the commissioner is erected
212. (1) The [standing committee] prep
projected
streets. schemes and pl.~nsof proposd p~iblicstreets, show
direction of such streets, 1
building line oil each side of tl~ern,.theirintended width
and such other details as may appear desirable.
( 2 ) The ,vidth of such proposed streets ;hall
~rdirlrilynot be less than forty feet, or in any area
covered by ht!%s,twenty f ~ e t .
(3) When any plan has been prepared under
sub-section (I), the provisions of section 210 shall
apply to ail briildings, so far as the./ stand across the
street alignment of the projected street.
%[213.The colnmissioner may by an order tempo-
Temporary rarily close any street to traffic for repair, or in order
closure of
~treats. to carry out ally work connected with drainage, water-
supoly or lighting or any of the purposes specified
in ScllbluleV :
Provided that such work shall be completed and
such street re-opened to traffic with a11 reasonable

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ct IV] Madras City Mu nici'ai 251

Corporation
.ssion
It shall not be lawful for any person, without the
of the commjssioner, to displace, take u p
Protection
of ~ppurte- !-
r make any alteration in the fences, posts, pavement, na~cesand
of
ags or other materials of any public stre:t. streets.

[214-A.When by a certificate of an officer of the Power of the

overnment Public Works Department of a rank
ot below that of a n Executive Engineer it appears expenses
g",,"i",:~*
o the commissioner that having regard to the average ~ausedby
xpense of repairing roads in the neighhourhood, extraordinary
traordinary expenses have been incurred by the corpo-
tion in repairing a street by reason of the damage
caused by excessive weight passing along the street
or extraordinary traffic thereon, or by any process of
loading, unloading or depositing excessive weights
thereon the commissioner may recover in the Civil
Court, from any person by or in cotlsequence of wllose
order such damape has been causec', the amount
of such expe~lsesas may be proved to the satisfaction
of such court to have been incurred by the corpora-
tion by reason of the damage arising from such weight
cr traffic as aforesaid :

Provided that any pcrson from whom expenses a r t

or may be recoverable under this sectio:~may enter
into an agreement with the corporation for the pay-
ment to it of a composition in respect of such weight
or traffic and thereupon the persons ro raying shall
not be subject to any proceedings unde~this section.]

Privnte Streets.

215. If the owner of any land utilizes, sells, leases owner.s

or otherwise disposes of such land or m y portion or obUgatjioll t o
. ~ortions of the same a.s sites for the construction make a
A - -
of buildings, he shall, save in such cases as the site ~ ~ &
-. --- 1 and as
building sites.
1This section was inserted by section 109 of the Madras City Muni-
cipal (Amendment) Act, 19?6 (Madras Act X of 1936).
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252 ~ dfrcnicipa2 ~1919: Tb

J F C I ~ I WCity
Corporation

or sites may abut on an existing public

street, lay d l ~ w l and
t m a k ~a stretX or s
or roads giving access to the site or sites a
with an existing public or private street.
216. (1) Any perso11 intending to lay
a new private street must send to
a written lpplication with plans a
ing the foll~wingparticulars, namely :-
(a) the intended level, directio~land
the street,
(b) the street alignment and the buil
and
( c ) the arrang2ments to be mad
paving, metalling, gagging, channel
, draining, conserving and lighting the she
(2) The provisions of this Act
by-laws madt under it as to the I
public streets and the hcigkt of buildin
thereon shall apply also in the case o
to in sub-section (1) ; ;r~ld:111 thc p ; ~
to i11 th:lt sub-section sllilll bc su
by the [co i~~i~lissionei.].
(3) Within sixty days aficr the receipt o f any \

applicati~nlindel sub-section (1) s he l[commissioner]

shall either ;anction the n:aking of the street on such
coizdition~as [he .I;-.;- &"'-k -..
. - fit] or disallow it, or
ask for further information with respect to it.
(4) Such sm~ctionmay be rcl'used-
(i) if the proposed street would contlict with
any arrarlgernents which have been made or which
I
*
are in the opinion of the l[commissimer] likely to be 1

made, for carrling out any general scheme of street t

I
imp-ovement, -i
- .. _ - _ - I
I
:This word xrl;!c ~ ~ i itnted committee9+
l ~ s l for i he words "standing
1
by scctlon 59 ( ' 1 nf tlle Madras City M~inicipal(Amendment) Act, 4
1961 (Tamil Nadu Act 56 of 1961).
Thess worbc wfere silbstituted for {he words "it may think fit '*
bv seerion 59 (ii), ibid
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1919: 'T.N. Act IV] M n h o s City M~rnicYprri 253
Corporation
(ii) if tie proposed street does r o t callform
to .:thepravjsione o f the Act, rules and by-law5 refirred
'to in subsectio!~(?), or
W

(iii) if rfle Cfcposec i reet is nut de. igncd so

as to connect at on: end with n street which is nlready
open.
\

. (5) No person shall lay out iliakc :~l-i.y ncw

cji.

private street without or otlmrwisr: t lian in conlbrmity

with the orders of the l[commissioner]. If fultl~er
informaticn is asked for, no steps shall be taken to
lay out or make the street until orders have been passed
upon receipt of such information :
Provided that the passing of such orders shall not
in -any cave be delayed for more than sixty days after
the l [commissioner] has received all the information
which 2[he considers necessary. to enable him] to
deal finally with the said application.

217. (1) If any person lays out or maker any street Alteration or
referred to in section -216, without or otherwise than demolition
in conformity with the orders of the l[con~missioner], of street
made in
the commissioner may, whether or not the offender breach of
be .prosecuted under this Act, by notice-- section 216.

(a) require the offender to show sufficient

cause, by a written statement signed by him and sent
k6 to the commissioner on or before such day as may
be specified in the notice, why such, street should not
%
, bebaltered to the satisfaction, ~f ,the commissioner
4
5 or if such alteration be impracticable, wky such street
should not be demolished, or

1This word was subst itutcd far t hc words '6sti,iidingcot~~niittee'~

y section 59 (i: of llle Maclras City Municipal (A~~ierndment)Act,
961 (Tamil Nadu Act 56 of 1961).
neces-
hese words were substituted forthe words "it. cca~~slders
to enable itw by section 59 (iii), ibid,

,-
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254 A'14udrtr.s Cily AVu~zicipcrl [I919 : T.N. AC

I

~
~
uirecting the alteration or demolition of such street.

Power of
218. ( 1 ) If' any private street or part thereof is not'
i
commis- levelled, paved, metalled, flagged. channelled, sewered,
sioner to drained, co~lse~ved, or lighted to the satisfaction of
order work
$0 b e curied the commissioner, he may by 11 ot ice '[I tquire the
I
~
!
!

1 work which in his opinion may be ilecessary, an

1
such time as may be specified in suc:h notice.

be paid by t l ~ e2jowners referred to in

(I) in such proportions as may be settle
commissione~*].

section 110 (ii), ibid.

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1V:l llludras City 112 rnicipai 25 2

Cop6 ration

such. street shall, on the requisition of '[a majority

of the owners referred to in sub-section (I) of that
sectibnl, be declared a public street.

E~zcr~achments
m Streets.

220. No one shall build any wall or erect any fence Prohibition
or other 2[obstruct~onor projection or make any againat o bstnlcti ons
encroachment] in or over any street "or any public in streets.
place the control of which is vested in ths corporation]
except as hereinafter provided.
I

221. (1) No door, gate, bar or ground-floor window Prohibition

shall without a licence from the commissioner be and ofregula-
hung or placed so as to open outwatds upon any doors, ground-
floor windows
and bars
opening
(2) The commis~ion:r may by notice require the outwards.
owner of such door, gate, bar, or windoa to alter it
part thereor when open s h d l project over

i%

3 %.ern0vai of
%- 222. ( 1 ) The con~missionetmay by w f i c e reqdire encroach
#
the owner or occul)icr
- of any premises to renlove or mentt;.
alter any projectio~n, encroachment or obstruction
(other than a door, pate, bar, or ground-floor window)
ituated against or in front of such premises and in or
over any street 4ior any public p l ~ c ethe control of
which is vested in the corpor~tiol~].

" not less than

of the owners thereofw by section 11 1 of tke Madras
1 (Amendment) Act, 1936 (Madras P.ct X of 1936).
ords were substituted for the words " obstruction, en-
or projection ". by seclion 112 (i) ,ibiri.
rds were inserted by section 1 12 (ii), ibid.
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(3) No licence shall be granted under sub-section

) if the projection or construction is likely to be

rference with the use of the road as such.

(4) On the expiry of any period for which a

cance has been granted under this section or after
ue communication of an order of suspension or
revocation of such iicenc.: the commissioner may,
~ithoutnotice, cause any Projection or ~oiistruction
put up under sub-section i d ) or (2) t o be removed,
and the cost of so doing shall be recoverable jn the
manner provided in section 387 fro111 tho ~ c r s o nto
whom the licence was graatcd.

1[(5) The council shall have power to lease rcad

sides and s t ~ e e t lnargins vested in the corporation
for occupation on such terms and conditions and
for such period as it may fix :

provided that no such lease for any tern: exceed-

~g three years shall be valid unless the sanction
the Stste Government therefor shall have beell first
obtained :

provided further that if tho Statc Government

consider that any occupation of a road side or street
margin under a lease g r ~ n t e dby the C O L I ~ Cunder
~~
this sectio~is lil.ely to be injurious to health or cause
blic ,inconvenience or otherwise materia Ily inter-
e with the use of the road side or street margin
such, the State Government may direct the C O U ~ -
to cancel or modify the lease and the council shall . .,?-
ereupon cancel or modify the lease accordingly.] ..

This sub-section was added by section 61 (ii) of (h, Madras

'3
h~~nicipal(Amendaent)A~t,$936(Tmil NaduAct 56 of 19611,
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Explrrnatio~11.-For the removal of d

hoaxding, erection or thing.]

3224. (1) The commiss:oner shall, so far as is
practioable during the cotistruction or repair -of any
street, dril,in or premises vested in the corporation,
. ,
3

%Thesewords were substituted fax the word " Madras " by ihc
Tamil Nadu Adaptation of Laws Order, 1969, as amended 'bytht
Tamil Nadu Adaptatinn of Laws(Sccond Amendment) Ordbr,1969
which came into farce on the 13th January .1969.
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(b) take proper precautions against accident

horjng up and proteding the adjoining bujldingf,

(c) cause suclr bars, chains 01 posts be

xed across or in any street in whicll aiq such work
s under execution as are necessary in order to prevent
the passage of vehit lcs or animals and avert danger.
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(3) If any obstruction is caused in any3

by t i ~ h
c i1 of ~ t ~ i l c t u rir-cs,
~ s , or tile f~nces,tile CI
or occupier of the premises concerned shall
twelve hours of tk.e occurrence of such fall, or w
such furti~.cip;i.igd as iile mml-ilissioller may
written order1 allow, clear thc street of such obst

227. IT ;Lily plxsorlifitends to constrcct oi der~~olisl~

baildiogs any buildiq~gor to alter O r repair the outward part
thereof, and if any street or foot-way is likely to
be obstructed or rendered i~~co~lvenient by means
of such work, he shall first obtain a licence from
the commissio~ler in that behalf and shall also---
(a) cacse the said building to be fenced and

(b) suiiiciently light it during the night, and

Naming Streets and Numbering ~ u i l d i n ~ s g

%Thesewords were substituted lor the words alterth

any public street " by ibid.
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When a number has been affixed under

on (1), the owner of the building shall be
-

to maintain such number and to replace it

X.--.BUILDINGR E G U ~ A ~ I C W S .
General Powers.

-
regulation or restriction of building.
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of inflammable

ece of land shall be ured as a sitefor the

s or by-laws made thereunder relating to

ir intention to declare-

(i) continuous building will be allowed,

er suitable to the locality, or

(b) that in any localities specified in the notice,
construction of only detached buildings will br
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(2) Noobjections to any such declarati

be received after a'ptriod of three months
I the publication of such notice.
I

. ,

so, may modify it, but not so as to extend its effect.

(4) The commissioner shall publish any decla-
ration so confirmed and it shall take effect from the
date of publication.

buildung in contravention of any such declaration.

232. (1) The council may require any buildid

intended to oe erected at the corner of two streets
/i
to be rounded o d or splayed off to suoh height and I
to such extent othe~wiseas it may determine, and
may acquire s u ~ hportion of the site at the corner
as it may consider necessary for public convenience
or amenitjr.

(2) For any land so acquired the corporation

(3) Io determining such compensation allo

shall be made for any benefit amruing to the
pt-ses from the improvement of the streets.
-
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Prohibition
against n;e
of inflammable
materials for
buildings,
etc., without
permission.

I ;?$*
*

ery permission granted under sub-section

expiro at the end of the ynar for which it is
,
i
;&.'
.
@
:$

fiS
&%*
* 54

Buildings other than huts.

tion. -'Building' in this sub-se(;tion shall

wall or fence of whatever heig'lt bound-
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'(2) Every document furnished

(1) shall coatain such particulats
in such manner as may be required under rul

permission, cution of the work.

refuse on one or mcjre of the grounds m d o

section 240 to approve the site.
 LatestLaws.com

%X*

$' 239. (1) If, within the period laid down in section to '[standing
Reference
J6' 237 or sectian 238, as the case may be, the commis- ,ommitteel if
ig*" ti~nerhas neither given nor refused his approval co~miseioner
5

"1
X::'of a building-site, or his permission to execute any grant
+

delays
or
:work, as the case may be, the lrstanding conr~,~::teel ref,sal of, -
of the appli- ~ P P ~ ? v ? I or
wlxthe.r such per rmss~on.
groval or permission should be given or not.
(2) If the 2[ l(standing committee) docs not,
in one month] from the receipt of such written
est, determine whether such approval or per-
ion
- - given
- should-.be * - not, such approval or
or
ermission shall be deemed to have been given and
he applicant may proceed to execute the work, but
soas to contravene any of the provisions of this I

or any rules or by-laws mnde under this Ac$.

LatestLaws.com
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tanding mything contained in sdon

is commenced or completed.

permission granted under this chapter.

is not completed within such period (not

g two years. from the date on which per-
was given for the construction or re-construc-

. The commissioner may inspect any building Inspectio?

ring the construction or re-construction thereof, bycomm1s-
within one month from the date of receipt of the
tice given under section 107.

building within a period stated eithe-

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LatestLaws.com
 LatestLaws.com

on to the conmiissioner in writing for

n to execute the work.
commissioner shall grant permission
he work subject to such co~iditionsas
m necessary for ensuring the health or
people llvjly wir;ill or near the building.

pplication in writing for permission

te-plan of the land.

lication and plan shall contain
 LatestLaws.com
LatestLaws.com

&??
: -*. .,
-
I g&;2 ';: .

zg$ ' .. p*ohibition * 2rE9. The construction or re-c

oommcn-hut
of work shall nat be commenced,
permis- commissioner h2s granted permission
cution, of the work on an ap
under section 248.

- - -
--- uider rules or bplaws, the comdssi
io3 to - %cut~ reauired
shdl,. bv written order, eitkr grant such
or rifusk on one or more of the grounds mentioned
in sectioil 252 to grant jlt.

251. 11') If within the period laid down in section ~

0, ~ h aomrlissioner
6 h:is neither granted nor re-
Gonunittee if
o ~ m ~ s i o n e rfused ta grant pernlLab~r, :--finstruct or re-construct
t or a hut, the '[standing co~nfi?*eel shall be bound
on the written request of the applicant, to deter-
mine by written order whether such permission should
be gra~ltcdor not.

(2) If the '[standing committee] does not, within , i

thirty days from the receipt of such written request, I
dctern~inewhether such permission should be granted'
or not, such permission shall be deemed to have
been granted ; and the applicant may proceed to
execute the work but not so as to contravene any of
r-- .------ of this Act or any
the nro-iisions - r~llesor by-laws -
mad8 bailer this Act.
- I_ ^ .I.. I

1 The words 'Yicence appeals committee " were substitu

-- - - c'standing commiltec '' by section 101 of. and
the word(:
- - - - ~..-n- -d- r a ;~ l t vMt~niripal(Amendment) A&. 1961 lTami1
r to. the ..

~ ~ Act d 56bof 1961j;and the worci

again substituted for tbe words "lic
section 34 of, and Schedule I to, the
Yoration and Tamil Nadu District
and Extension of tern of offioe) Act,
1971).
 LatestLaws.com

t IT?] Jftzdrus' City Mwticipal 2'7

Corporrr t ion

.:.??
' "b S 7.-$6
?;'

, 252. The only grounds on which permissici~to Groundsan. + " $ . + I

p$oiistruct or re-construct a hut may be refused are whiqhpx- - .'$. 3k

;' the following, namely :- mission to 3

"4%

@%:" . construot o
re-Construe.
1) that the work or the use of the site for tile,,,, be rOfYJCY.
would contravene some specified provisjnn
2%:
.?..,, of any law or some specified rule, by-law, order or
t:,*y2-:
+.-l-&r~r declaration made under
,: :~+hq?
any - law ;
(2) that the application for permission does not
in the particulars or is not prepared in the manner
under rules or by-laws ;

he commissioner under rules or *by-lawsAhas ngt

een duly furnished ;
) that streets or roads have not been made as

'[(5) that the land on which the hut is to be

constructed or the street or streets on whicl! such.
:\

--- -

nd abuts are not adequctely drained, levelled or I

ted ; or
(6; that the proposed hut would be an encroach-

*<-+

?,
Whenever the commissioner or 3[standing committee]
4"

"p$ .
uses to grant permission to construct or re-con-
?$.~strucl:a hut, the reasons for such refusal s h d he

2 The words " Crown or municipal land " were substituted

pp ;; t,: - - far
--..
-
words "Government or munfcipal land '' by the Adaptation
i'.,-.'the-
; ,'Order s f 1937 and the word "Government " was substituted ---
- --- fnr
$$
I
'b!crawfi"'by the Adaptat ion Order of 1950. $
;
@
a
<-
he ,words '*licenceappeals committee" were substituted for $be
ling*c'ommittet:"by section 101 of, and Schedule I to,
i T i t y Municipal (Amendment) Act. 1961 (Tamil Narlar
 LatestLaws.com

274 Madras City Micnicipal [I919 :TaN*

Corporation

the work, the work shall not be commenced unti

a fresh application has been made and a fresh p~rmis
s i a granted under this chapter.

specified in this behalf by the commissioner it shall

be continued thereafter until a
been and fresh permission granted under

zxternal walls, alterations and additions.

254. The owl ler or occupier of any building adjoi
street shall keep the external
thereof in prop,er repair with lime-plaster or 0
'

t o the satisfaction of the cornmissioner* , ,

pr0,ided that works of necessary repair-whic

aEect the position or dimensions of a building 0
,* &all not be deemed an alteration
addition for the purpose 0f this sectioll.
-. _____-
.__.____- ._ ". .I.-
-
I-'
 LatestLaws.com

Powers of Commissioner.
If the commissioner is satisfied-

(b) is being carded on, or has been completed

e with the plans or parti-
rs on which such perraission or order was based, or
(c) is being carried on, or has been completed
breach of any of the pr,ovisions of this Art or of any
le or by-IPWmade under this Act or of a n y direction
requisition lawfully given or made cnd;:r this Act
r such rules or by-laws, or

(iii) that any alteration of, or additions to, a n y

uilding or any other wrhrk made or don? for ally
purpose in, to, or upon at: y building, has been cornmen-
r has been completed in
ach of section 255, he may make a pr~vi:;ionalorder
-- -
 LatestLaws.com

commissioner,. has been 11~18wh41yexecute

make such alterations as may, in the opinion

with the owner or builder shall refrain

proceedinq with the building or well-

provisional ortier made unaer sub-section (1) Q

owner of the building or well together with a noti
h; m to show cause within a reasonable ti
. to be named in such notice why the order should not

confirm the order with any modification he may thi

fit to make '[and such order shall then be binding
.
the -"ner].
2p6-A. (1) If the construction or reconstr

the commissioner may, after three days9 no

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LatestLaws.com

building, well or place.

shall be the duty of every police officer

Exempt ions.
y building constructed and used, or intended
tructed and used, exclusively for the purpose
ant-house, meter-house, summer-house (not
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LatestLaws.com

Corporation

i257-B. (1) The commissioner may, for sqdi t<iya;$$$

1
reasons, reql dre the owner or 0 wners of any c&eri *.-, n -@tA~4

hutting ground, o f which the total area as compri~id. :;q$

withj,dthe limits defised under
than four thousand eight huadr
(a) to open up and coi~struct
not exceeding twelve feet in wid
buildings or iiuts, and to provide suc
and latrines for the* use of the tenan
hutting ground, as the cornmiss:oner
sary ; and
(b) to remove the whole or any portio
provided that :he owner of the buildi
entitled to receive from the mu
compensation calculated according
value of the structure rernovsd, 3s the c
may determinz-
(2) When the commissioner proposes to is
requisition in respect of any cheri or hutting gro
under sub-section (I), he shall prepare a s
showing th3 propose c' ; - ~ - o v ~ m e n t as ,
by notice, call on the: owner or
cheri or b uf Ling ground LO show m u s e why the
hutting ground should not b- improved withi
to be fixed i n conformity with the said plan.
(3) The provisions of sections 257-J,
2 5 7 - i , ' 2 5 7 - ~ ,257-T, 257-U and 257-X shall, with ali ; j
necessary modifications, be deemed to apply in t h e g
case of every requisition issued under sub-section (+).I
POwer of
commissioner
1 p5:-C. (I) The commissioner may, at any time, :;
to require if it appears to him that any cheri or hutting ground 2
-I
preparation of for sanitary reasons, requires improvement, serve a *
standard plan notice upon the owner s f such cheri or hutting ground
by owner of -
cheri or huttingC_

ground. &W.'*
1 Chapter X-A, consisting of sections 257-A to 257-B
hserted
I. _. ~ n by section 125 af the Madras B t y Municipal (Amen
- /rx , r n A r m c A m + V of 1DqX\

t --- -
 LatestLaws.com

to prepare and submit a plan of the chefi

(b) the drains for the general use of the tek-nls

the cheri or hutting ground' ;
(c) the means of lighting, common water-
supply, bathing arrangements (if any) and common
privy accommodation to be provided for the use
of the tenants ;
id) the streets and passages which are to be
maintained for the benefit of the tenants ;
I

(e) the tanks, wells and low lands whch

any other proposed improvements : ,

an twelve feet wide.

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the said plan as appreved by the comn;issioner

deemed to be the sfzn,dard plan o f the cheri or
I

1
'reparation of ,.257-D.( 1 ) If, after the service ol a notice un
'tandard plan section 2574; on thc owner or owners of any cheri
>y a m m i s -
iioner where hutting ground-
3wnerF d bagree,
:tc. (a) such owner or owners prefer for any reaso
to have a plan prepared for th-m by the conlmission

(b) such o w r m or owners fail to comply

sixty days with such notice, or

the commissioner shail cause the cheri o

ground to be inspecred by two persons a
in that behalf, one of whom shall be th$ heal
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LatestLaws.com

lan of the cheri or hutting ground.

ut, or the portion to be added, as the case may be,

When a building or hut or portion of a building

as been removed in con~pliancewith a requisi-
ade under sub-section (I), the owner thereof
entitled to receive from the municipal fund
 LatestLaws.com
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commissioner may determine.]

arrangement of the huts, and

(b) if any tank, well or low land is shown in
such plan 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
cgmmissioner may refuse to sanction the erection of a
new 'building or hut or the making of any addition to
any building or hut in the cheri or hutting ground.]

(a) by iea.son of the manner in which the

(b) for any other reason,

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.Act 1VJ
- - * - - -. ..*.. . .

Madras City Municipaf 28 3

Corporation
tion or a person holding the diploma of Public Health
or having such other qualifications as n a y be prescribed
by the council jn this behalf, and the other an engineer.
In appointing such persons the commissioner shall
consider any proposals made by the owner or owners
of the cheri cr hutting ground in this con.iexion.
(2) The said persons shall forthkith.-
(a) submit a written report on the sanitary
ondition of the cheri or hutting ground,
(b) snnex to the report a pian approved by them
s a proper standard plan of svch cheri or hutting

provemefits required to
ound into conformjty with
taken inthand forthwith in conse-
ndition of the cheri or

(ii) which (if any) of such improvements

be deferred for action under the foregoing

3) The improvements referred to in sub-clauses

(ii) of clause ( c ) d sub-section (2) shall be
in two separate schedules which shall be
d called Scl~edule A and

(4) The said schedules shall clearly indicate --

huts which should be

b ) tlze streets, passages and drains which

 LatestLaws.com

the tanks, well and low lands

( e ) any other improvements which

persons' appointed under sub-section ( 1) may c
necessary in crder to remove or abate the un
condition of the chcri or hutting ground, end

approve such plan aad sshedules afxr making

mod;fications (if anv} thzrein as it may think fit.

(2) The plan so approved shall be deemed to b

5.;. :
. , the standard plan of snch cheri or hutting ground.]
----- ..--....-
1 Cltapter X-A, consistilig of sections 257-A to 257-BBwas inserted
by section 125 of the Madras Citv Municipal (Amendmeni) ,Act, 1936
iMadr-as Act Y on' ?*.?&I.
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%\ z
t IVJ Madras City Municipal 285 -5
+ b

+ +fb"?

Corporution I fi$ -3;

' : &:-c
f
-6: r.

-
I $

i,
-K, when
- - Schedule
- A annexed .to a report made power nt .*, . 7.

der section 257-1 has been approved under section cmrnis-

7-5, the commissioner may causr a written notice to be sioner to , "

require
owners to
carry out T , ?.

(a) the owners of the buildings or huts referred to c ~ e n t s % > 2,

,
ch Schedule A, or specified in .,

( b ) the m e r or owners of the ckeri or hutting

Schedule A.
, , L a ,.:.J
-. ,:3ii., 4%
- $* *' .:%;
round in which such buildings or huts are situated, : ., .- Y
.\ 2
#, :a*?{#

m to carry out all or any of the iinprovc- - e r

in that schedule or any portion of such
s* 9

, '. ; '5
.a'a

6."
k$
p.

. * -7 ,..-
'[257-L. When any inlprovements rcquired by a Payment of * I~ *@
!
tice under sectioln 257-K are carried out by the expenses
" *

incurred in
l

: I . c;:

sioner under section 380, all expenses incurred clrrying out - Gp

,, ird'R.
induding such seasonable compensation as thz inirrove- I ., %

ionat may thlnk fit to pay to the owners or lnent5. <

. ,
ZI
a ?

cuplers of buildings or huts removed, shall be paid by - ,"F I(

e owler or owners of thz cheri or hutting ground to the

rporation and shall constitute a charge upon such
eri or hutting ground:

rovided that notwithstanding anything contained in

tmn 384, if it appears to the a(standing committee)
t any such owner is unable by reason cf Zovcrty, to
such expenses or any portion thereoi, in the case
penses relatil~g;a wc ~ : ---'" the 0pinic;n
,i,-,_,,A -L should, i~1
a(standingcommittee),have been done by the owners
occupiers of huts within the cheri or hatting grountl,
order the sen(: or any portion thereof to be paid
 .
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286 Madras City Murjicipal [ 1919 :'.f'.N. Act I V

Corporation
out af the municipal fund,
which should be paid by
cheri or hutting ground, it may order the same or any
portion thereof to be advanced out of the rnt~nicipalfund
but thereafte,r to constitut
hutting ground.]
boszl by
=O mnl IS-
2 . ( 1 ) If, in carrying out any improvements as
er of provided in section 257-K the commissioner causes any,
erisrls of building or hut or any portion thereof to be pulled down,
dings or he shall-
pulled
'n. (a) cause the materials of such building, hut OT
pofiion to be givm to the owner of th.e building or hut
if such owner elects to take than; or
( b ) if the owner does not elect to take the
materials, or if the owner be u
building or hut be disputed, cause such materials to
sold, and hold in deposit the proceeds of the salatoget
with any sum awarded as compensation under secti
257-L.
(2,) Any amount held in deposit under clause
of sub-section (1) shall be so held by the c
until m y person obtains an
court for the payment to him of such amount.
(3) A Court of Small
be a competent court for the purposes of this secti
ver of 11257-N.Th.e 2(standing committee) may ,at an
an ding after the receipt of a report made under section
limittea]
direct direct the commissioner to purchase or acquire-
ppisl : (a) any building within such cheri or
3% 30 ground, or
%quire
7-

ildiig or Chapter X-A, consisting of sections 257-A to 257-BB

J'

id'in chert serted by section 125 of the Madras City Municipal (Am
hutting Act, 1936 (Madras Act X of 1936).
a The words "central corn
"standing committee"by 'sectio
City Municipal ( h e n &
SW3; and l%z w ~ r d s"stmd
t f k +am& L
' .c-i7 P
,

* Mnnicipafities
t k IMMrzs City
t-u~ Municipa
(Amen;r:c"len
Q ~ , I . Jbkdu &+$32 iflmja

..
-,.-.*._ . __
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Madras C i v Municipal 287

Corporation
..
(b) any land appertaining to such building, or . &.
.la<

(c) any such building, together with the land

ertaining thereto or any portion thereof,
ned in that behalf in Schedule A or
xed to such report provided however
it shall be competent for the commissionar to
hase any item of property mentioned above if
d rupees one thousand in value].
en a standard plan OC %: cheri or a5rphtbn
d any Schedule B, annexed to the
section 257-1 with respect to that 255-Hto
hutting ground, have been approved under % ;&:
(a) the provisions of section 257-F shall apply to
uch cheri or hutting ground, and
(b) the provisions of sections 257-G and 257-H
shall-apply to such cheri or hutting ground in respect.
of the improvements indicated in that schedule as
provided in sub-section (4) of section 257-1.1
1
t
I '[257-P.(1) Notwithstanding anything contained Alternative
i

% in sectio~is257-5 to 257-0, the 2(standi~~g committee) commis-

i
may, after receipt of a report made under section sionerto
257-1 with respect to any cheri or hutting ground, and make stan-
after giving an opportunity of being heard to the dard plan
to purcha;e
B owiier or owners thereof, pass a resolution to theor acquire
i eHect that the cheri or hutting ground is an unhealthy cher! br
6E area and that in its opinion, the purchase or a-wisi-
R tion of the cheri o r hutting ground, or of any portion t o carry out
thereof, is necessary for the purpose of making the :$EL-
improvements referrsd to in the said report. self or
_ l _ - _ _ _ _ -
through
-
-

B Chapter X-A, collsisting of sections 257-A to 257-BB,was in-purchaser or

serted by section 125 of the Madras City Municipal (Amendment) lessee.
Act, 1936 (Madras Act X of 2936).
r
3 The words "central committeeH were substituted for the
words "standing committee" by section 101 of, and Schedule I to,
the Madras City Municipal (Amendment) Act, 1961 (Tamil Nadu Act
56 of 1961); and the words " standing committee" were again substi-
tuted for the words "central con~rnittee" by section 34 of, and
Schedule I to, the Madras City Municipal Corporation and Tamil

I Nadu District MunicipaIities (Amendment and Extension of term of

office) Act, 197! (Tarnil Nadu Act 22 of 197J)1
 LatestLaws.com

@
< P<*2TL;pi;%-
,vs
6 '

&%sS:+:* :;*
a'>.:
* +*: "" 288t; . MadrasCorpora
tY-i
,
' City Mug
tio
t+- ?%* ; < >

r"@,.*>>;
';
t

.
3
,$*"+,:.I

' -, (2) When any such

g> - "
+

commissioner shall make a plan for the impr

+bb
~ f r .'
3% %

,
of the said cheri or hlittiizg ground or portion t
together with such estimates as msy be neoessar
due understanding of the same, and may .
purchase or acquire the sxid cheri, huttin,: groun
pcrtion, and such plan shall be deemea ta
standazd plan of thz chtri or hutting ground.

of a cheri or hutting ground h a s been so aurchase

or acquired, the commissioner shall as soon as 1
reasonably practicable, either-

(a) sell or lease the same or part thereof td' a n

person for the purpose and und-r the condition that
I

I
he will, as regards tha laod so sold or leased t o hi
carry- out the in~proverncs~ts shown in such standard
plan, or

(b) himself brir~gthe said ckeri, hutting groun

3 i portion or any part of the same which has not be
soid or leased under clause (a), into conformity wi
such standard plan, or

(4 take ineasui e for the erection of sanitar

dwellings for thc workiizg classes or for the poore
classes, or far both, on such land.

(4) Whenever the corriinissioner desires to

or lease under sub-se2tian (3) any cheri or hu
ground or any portion thereof, he shall, on applic
tion made on that behalf, give to the person fro
whom the same was%purchased or acquired, or h
.\-_ heirs, executors - '*
fi
% $L.G.& L m;rright,"to purchase or take o n lease such cheri, hu$$jng*g:.;..~
a J t
+ -3

d
.- qrgortiou
. at s ? ~rates
h and on sucli ; ~ e r - h *+ i
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.Ac., ,.: - *- _ ------ . >
L --

t IV] Mczdrus City JlunicipaZ

Corporatio~;
.*
T

conditions as may be fixed by the '(standing committee),

'
if the [standing committee] consiciers that such right
can be given without detriment to the carrying out
of the purposes of this Act. If more than one person
so applies, the '(standing committee) shall determine
which of such persons shall have the preferential right
under this sub-section to purchase or take on lease
ch cheri or hutting ground or portion].

'[257-Q. (1) No standard 'plan approved for a cherj proportions

(2) In ca?culnting thc said proportions of' one-

be taken into
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tio avin b e take

i8XPolf3112'~t!I ~3.15 37dh'~l51R 10 b1i1l,-3no (n)

..I.. 1.--- --..

" . .. _
_.
*__ , - - . .- - .- . .,---- -.-. -- .- .
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Provided that any conveniencz made by the o

of a building or hut for his own use shall, subjec
I
such notice as aforesaid, be maintained by him
I not by the owner of the cheri or hutting ground.
(3) If the commissioner is satisfied that any str
passage, drain, bathing arrangements, privy accom
dation, mean
portion there
tenants of the cheri or hutting ground, the commissiolier
may, if he thinks it desirable to do so, call upon such
tenant or any one or more of such tenants by a notice
to repair such street, passage, drain, bathing arrange-
ments, privy accbrnmodation, means of' water-supply
or other ,.-rk or portion thereof.
(4) Nctwithstanding anything contained in this
section or in section 257-T, the scavenging of streets
and common privie? -hall be done by the corporation
free of charge.]
iight of l[257-V. (1) Theowner of any land in a cheri or h
3wne1 of ting ground, for which a standard plan has b
and and

(b) all drains provided for the use of

than one hut, and

ground on such land so far as the same are con

in accordance with the standard plan.
(2) The ownt;r of any building or hut
cheri or hutting .ground shall be deemed to

(i) the land on which such building

 LatestLaws.com

LatestLaws.com

.?,&$
,
(iii) every drain, privy, means of lighting or
,
i

ater connexion (if any) provided for the sole use of

uch building or hut.]

.o When a cheri or hutting ground has been

conformity with the standard plan appro-
this chapter for such cheri or hutting ground,
emed to be a remodelled cheri or hutting

'[257-X. (1) The owner of any land included in a Power0

eri or hutting ground and bearing a separate number
the assessment-book may, at any time, whether a
he cheri or hutting ground has been
er this chapter or not, send riotice to the
that he intends to remove ;dl the build-
or huts standing on such land !

Provided that the receipt of any such notice by

shall not be a bar to the approval
ssioner or the [standing committee]
, of a standard plan for such cheri

(2) From the date of such notice no application

shall be entertained for erecting on such land any new
building for h~ltor adding to any building or hut
standing on the land.
.--- ' - -
Chapter X-A, consisting of sections 257-A to 257-BB,Was
1
inserted by scztion 125 ot the Madras City Municipal (Amendment)
ct, 1936 ( Madm Act X of 1936 ).
2 The words "c;ntral committee" were substituted for the WO~C!:
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296 Madra r City Jfz~nicipnl [I919 :T.N.

Corporation

not ordinarily be less than one hiindred feet ap

Providec. that no compensation shal

(4) No building or hut or portion thereof

erected within any alignment prescribed un

_ - , - - - - - - -

I
I
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s thereof as fall-
(i) within ally such prescribed street align-

B[257-M. Any pwson who erects a r n a s o n r y p o ~of~

ilding- commir8ioner
to muire
spaceto be
(a) invanycheri or hutting ground in respect kept between
which a standard plan has been 3iapproved under masonry
tion 257-C, 257-D, or 257-51, or building in
cheri or
hutting ground
(b) in any cheri or hutting ground or area in and centre
line of cheri
espect of which alignments for streets have been or hutting
rescribed under section 257-Y, ground street.
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Application of
prov'isions of
this chapter
to alte *stiorrs
or additi :ns.
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of fence off a part of any street or take,

rwy measures, as he thinks fit to
and the cost of so doing shall be reco

tank, pond, well, hole,

I
r place be deemed by the
sioner to be, for want of sufficient repair, pr
I
I
~
danger therefrom.

think necessary to prevent danger from fire.

-

!! This word was inserted by ibid. .

-- . ,
.
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e commissioner may by notice require

using any place for the storage f'or prik7*3te
timber, fire-wood, or other combus1;ible things
e special steps to guard against da.nger fl-om
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I
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a (a) any pool, ditch, tank,

l g i : . rr i@@-J,
s w ~ ~ l , l . , ~ d a r ~ & . i b osdr4bbbi
course, 0.a i:uuyt'\~$?&i9th p&tWii?;@rs~@rj 1, orl)
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--

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/. (3) On the report of the health officer tha

cultivation of any specified crop, or the use of

I
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--- ----- -- -

hich is used for drinking, bat@ng or washing

keep the same in good repair, to cleanse
it in such IIlarifiei as i:1, ~ " i ~ msioner
it may direct
and to protcct it from pollution caused by surface
drainage or other matter in such manner as may be
provided in the not 'ce.]

e unfit for that. '

commissioner may by notice require the

son having control thereof to-

ing or permitting the use of

he shall czuse the same to b 2 cleansed, t,le

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ublic street t ~ -

cut and trim any hedges and trees over-

the said street and obstructing it or the view

r an enclosing wall or fence which by

height and situation obstructs the view
as to cause danger.
ControE over Insanitary Buildings.
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Further Powers
with :ecr:en=
to insanitarY
b~ildjP1gs.
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tion, he may apply to

thereof a reasonable opportunity of showing cause

why such order should not be made, make a prohibi-
tory order as aforesaid.

(2) N7hen any such prohibitory order has been

made, the colllmissioaer shall conlnlunicate the
purport thereof to the owner and occupiers of the
building and on expiry of such period as is specified
in the notice, not being less than thirty days a h r
the service of the notice, no owner or 0,cupier
shall use or suffer it to be ~isedfor human habita-
tion until the commissioner certifies in writing
that 'the causes rendering it unfit for human habitation
have been removed to his satisfaction, or the
l [standing committee] withdraws the prohibition.

(3) When such prohibitory order bas remained

in' operation for three months the commissioner
@ shall -report the case to the [standing committee]
I
which shall thereupon consider whether the building
should not be demolished. The '
[standing com-
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\ ' I -
committee] rs of opinion that the building has
been rendered fit for human habitation and
steps are not being taken with due diligen
render it so fit and that the continuance t
is a nuisance or dangerous or injurious to the
I of the public or to the inhabitants of the neig
hood it shall record a decision to that effect,
the grounds of the decision, and the commiss
shall in pursuance of the said decision by n
require the owner to demolish the building.

(51 T f the owner undertakes to execute

fit for human habitation and the commission&+

considers that it can be so made fit, the commiss
may postpone the execution o f the decision
l [standl~, committee], for such time not exc
six months, as he thinks sufficient for the pur
of giving the owner an opportunity of execu
the necessary works.

Abatement 275. (1) If it appears to the commissione

of over any dwelling-ho~~se or other building which is
iain as dwelling-place, or any room in any such d
house or building, is so overcrowded as to e
the health of the inmates thereof, he may
to a magistrate to abate such overcrowdin
the magistrate after such inquiry as he th
te make, may, by written order, require the
dr
-- i.
i

1 The words "central committee9'were substituted for tjae wbrt

"standing committee9' by section 101 of, aud Schedule I toS th
Madras City Municipal (Amendment) Act, 1961 (TamiJ Nndu-2At
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Corporation

surplus shall be forfeited to the corporation.

(2) If after reasonable inquiry it appea
cornmissiener that there is nrr owner or
to whom notice can be given under any
in this chapter he may himself take such or
the property mentioned in such section a
appear to hiin to be necessary and may re
the expense incurred by selling such proper
being land), or any portion thereof.

XII.-LICENCESAND FEES.
CHAPTER
General Provision as to Licences,

2 The words "Provincial Goveri~ment"were substituted

words "Local Governmentn by the Adaptation Order
and the word "State " was substituted for provincial^
Adaptation Order of 1950.

4 The words '$the Crown'' were substituted for 'the w

Government" by the Adaptation Order of 1937 and
eCGov~rmcnt'' was subStitufea for "Crown" by the
Order oft 9 a
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Lodgiilg Houses.

[279. (1) No person shall without or .4herwiseProhibit~on

i
than in conformity with the terms of a licencelodging
granted by the commissioner in this behalf, keephouses*
any lodging house, eating-house, tea-shop, coffee-
house, cafe, restaurant, refreshment room, or any
place, where the public are admitted for repose
or for the consumption of any food or drink or any
place where food is sold or prepared for sale :
' [Provided that no such licence shall be required
1

I for a lodging house as defined in the (Tamil Nadu)

Public Health Act, 1939, if the keeper thereof' has 1

I been registered under that Act.] I

Explanation.-" Lodging house" means a hotel,

boarding house, choultry or rest-house other than
a choultry or rest-house maintained by the Govern- 1!
ment or a local authority, unlicensed emigration
. depot or any place where casual visitors are received
and provided with sleeping accomm ~dation with
or without food on payment but does not include
a students' hostel mder oublic or recog~izedcontrol.
(2) The commissioner may et any time cancel
or suspend any licence granted under sub-section (1)
if he is of opinion that the premises covered thereby
are not kept in cionformity with the conditions of
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. ,.
...~
. .

314 . JMadra:sCityMun-icipal [l
Corporation

Keepilzg of AnimcL I[and Bird:

Prohibition 280. No person shall-

in iespect of
keebing
animals (a) without the permission of the comm
and birds or otherwise rhan in col~fbrmity with the
and feeding of such permission, keep pigs in any part
I animals. city ;
(6) keep any animal '[or bird] on his pre
1 so as to be a nuisance or so as to be dangerous ; o
(c) feed or permit to be fed on filth any anima
which is kept for dairy purposes or may be use
for ?nd,
281. I f any dogs S[or pigs] not taxed under

282. (1) The owner or occupier of any

commencement o f the year for which th

lThese words were added by section 136 of the

Municipal (Amendment) Act, 1936 (Madras Act X of 1
9 These wolds were: inserted by ibid.
8 he word,;"or pigs'' were inserted, and the words '"
were substitu.ted for the words "or pigs" by sectio
Madras City Municipal (Amencfraent) Act;. .I961
Act 56 of 1961).
 LatestLaws.com

commissioner may, by a n order and

k:%d (2) The
x s n d e r such restrictions and regulations as he thinks
is% -1

* W.
T y
.
--
* :' grant or refuse to grant such licence:
-Ab,*&&.s*,,:
-rr .&,
;'
*@jp\q$yt' :'
~ [Provided
' ~ .~
F ~ that
~ ~this~ section
~ ~ - shall not apply .
,4 * vP:*j ?&
bn*il:pty: . t o anyiplacb licensed as a place of public entertain-
d+:2v.t,i*Q

J r ! d e n t or resort under the [Tamil Nadu] Places

~t.11lbfjof Public Resort Act, 1888.1
888.. '". .
-.&
C@**;?, I ,

(3) No pelson shall, without or otherwise than a

r' +'
6 .*

onformity with a licence, use any place [or . $ * gl

low any place to be used] for any such purpose. ;.
k

,'.?q
+, %

:-'5&
g4 a

83. (1) All stables, cattle-sheds and cow-houses of controlpowers

ov
-*-?%
be under the survey and control of the commis- stables, ? +
;;
sioner as regards their site, construction, materialscattle-sheds + :r
f, and dimensions. and cow- t -?*
houses, ,'f EE
a,

: (2) The commissioner may by notice require

that any stable, cattle-shed or cow-house be altered,
paved, drained, repaired, disinfected or",iept in
such a state as to admit of its being sufficiently
cbaned, or be supplied with water, or be c o n n e c ~ ~ d
with a sewer, or be demolished.
(3) Every such notice shall be addressed to the
' owner or person having control of the stable,
, cattle-shed or cow-house.
' (4) The expense of executing any work in
pursuance of any such notice shall be borne by the
owner.

*This proviso was added by section 137 (i) of the Madras City
Municipal (Amendment) Act, 1936 (Madras Act X of 1936).
 LatestLaws.com

by or under this Act, the Commissioner

.[Lr2nJingplaces, c a r t ~ s m n d .etc.]
~,

and levy such fees for the use of the same a

[ standing cornmi .tee1 ]nay fix.

Vehicles Act, 1939 (Central Act Iv 3f 1939)] an

animals.
(2) A statemant of the fees fixed by the '[sta
ding committee] for the use of each such yla
shall be put up in '[English and Tamil] in a cons
I
picuous part thereof.

The words, figuies and brackets "Motor Vehicles

, .

, ,

*These wordo were substituted for the words "E

Telugu and Hiadustal.li9~by section 72(ii), ibid.

-- ~ - ~ p - ~
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---.- ---- . . ..

within such public street

es of any public street:

belonging to the Transport Department

State Government.)]

amount due, he may seize and. detain

rriaye, motor vehicle, or animal.

~
added by section 73 of the M~drasCity Munici-
t, 1961 (Tamil Nadu Act 56 of 1961).
 LatestLaws.com

Corporation

(2) All properry seized under sub-sectio

shall be sent withi
sioner or to such peraun as he may have aut
to receive and sell such property and the comml
shall forthwith give notice to the owner
property seized, or if the owner is not kno
is. not resident within the city, to the person
was in charge o
it was seized or
exclusive of Su

(3) If ,it any time before the sale ha

the amount due on account of the fee,

or a sufficient portion thereof may be sold

proceeds of the sale applied 6 the pay

(i) the amount due on account of th

(ii) such pemlty not excetding the
of the fee as t l ~ ccommissioner may direct ; a

be +paidor delivered to the owner or

entitled thereto.]
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_ , ' __ r

--a_--------
* J *

Madras Ciry IMu~~lcipul 319 , :. 1;.

Corpotat ion
7:
i'
hall open a new private Licence for
keep open a privl te cart- 2rivate cai :
om the cornmissloner

licence shall be tnade

respect of which the
ss than forty-five and not
re the opening of such
cornwencement of the
sought to be renewed,

(3) The corn mission^-r shall, as regards private

cart-stands .already lawfully established and may,
t his discretion, as regards new private cart-stands
rant the licence applied for subject to such regula-
as to supervision and inspection and to such

When a licence is granted, refused, susl3ended,

or modified under this section, the corn.
 LatestLaws.com

(5) The commissioner may levy for every li

granted under this section a fee not exceedin
I hundred rupees per anncm :
Provided that no fee shall be levied in respect
of a licence for a cart-stand foi the use of which no
charge is made.

(6) Every licence granted under this se

shall expire at the end of the year for which
granted.]

' [Carcasses of nnimals.]

286. (1) Ths occupier of ally premises in or o

m y open place, sliall, within three hours aft

death of such animal, or if the death occurs at
within three hours after sunrise, either-

the commissioner in that behalf, or

of the health department uf the division o

in which the death occurred, with a view to hi
the same f:o be removed.
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-.. -
. ;; .. <rr-,..
&?rY'..,,
y
- ..
.'. . ;
l-.)-m.m-'"*
. . . !
. .*
A
<
:
-. -
- ---.-.
.' , , . . I'

N. Act MadraS City Munic

Corporation ,

- ::
*Y

(2) When any carcass is so removed by the health -.';I+

0,'

,
. department, a fee for the removal, of such amount .
, -, .'* ) . as shall be fixed by the commissione ,* shall be paid I-*
.*
-, ..a
= . < %
"3
,<a-
.%

by the owner of the animal or, if the owner is not ,-fi:.

known, by the! occupier of the premises in or upon >-.. .d
- whic:h, or by the person in whose charge, the animal .u!
+?-$
died.
v.
w*.
lidustries and Factories.
;. 1

I
l[287. (1) No place within the limits of the city i

'9
shall be used for any of the purposes mentioned in for whhh
purposes
Schedule VI without a licence obtained from theplaces
k commissioner and except in accordance with the gF$Opte
p.
P
conditions specified therein : city or
wit hi^ three
, ':
f. C
'[Provided that no such licence shall be required miles thereof
P
for the use of any place for a lodging house as defined may
used not
without
be
in the 3[Tamil Nadu] Public Health Act, 1939"6enceand
s[Tamil Nadu] Act 111 of 1939), if the keeper thereof !.:iE:t -4
has been registered under that Act.] tlonate r u
to local bodv
concerned " '
7
(2) The commissioner shall, if SO required by in the latter
the council, publish a notification in the 4[Officialcase
Gazette] and'in two or more local newspapers that
any place at a distance within three miles o f the limits
of the city shall not be used for any one 01 more of
the purposes mentioned in Schedule VI without
a licence obiained from th.: cornmissioner and
except in accordance with the conditions specified
therein:
I

1Sections 287 to 289-D were substituted for original sections 287

t o 290 and the heading to section 290, viz., " Depots for corn-
bustibles " by section 140 of the Madras City Municipal (Amend- <
men^) Act, 1936 (Madras Act X of 1936).
vv
r This roviso was added by section 7 of the Tamil Nadu Pt~blic
i
2 .
A:
: Health ( mendmen!) Act, 1959 (Tamil Nadu P ct 8 of 1959).
*: 5
I;'
,
a These words were substituted for the word "Madras " by the a, $,>
. Tarnil Nadu Adaptation of Laws Order, 1969, as ismended by the -.3r:;r ,
f

Tamil Nadu' Adaptation of' haws (Second A-e ~drnent)Order, , e

r
. . 1969; which came into force on the 14th January 19 59. . bj
,?

3i ' , 4These words were substituted for the words " Fort St. ~ e o r ~
%, - Gazette" by the Ad~ytat;?? PWa?rof 1937.
 LatestLaws.com

322 Madrar City Municipal [1919: T.N.

Corporation
Provided that no such, noti
effect-
(a) unle ss the sanctiolz of t
ment] has been obtained therefor ; and
(b) until the expiry of thirty days from the
date of its publicatioll in the '[Official Gazette].
(3) The owner or occupier of every place for
the use of which for any purpose a licence is required
under sub-section (1) or sub-s2ction (2) shall apply
to the omm missioner for sucl~Licence 3 [ ~less ~ than
t
forty-five and not more than ninety days] before
the place is used for such purpose or within thirty
days of the pnblication of the notification under
sub-section (2) in tho 2[0fticial Gnzette], as the case
may be.
(4) Every application for a licence for the use
of ally place for thc purpose of storing or selling
explosives, timl~er or other combustible materials
shall contain rr statement showing the boundaries
and measurements of such place.
4[(5) (a) On receipt of any such application as
is ref~rredto i r l sub-s-ction (3), the commissioner
may subject to th.: provisions of clauses (6) and (c),
grant the licence specifying therein such conditions
as he may think fit to impose in accordance with the
rules, if any, made by the State Government in this
behalf, or refuse to grant the same.
* - --
IThe words "Provincial Government" were substituted for the
words " Local Govzrnment " by the Adaptat ion Order of 1937
and the word " State" was substituted for v6Provincia!'9by
the Adaptation Ordcr of 1950.
2 These words were substituted for the words "Fort St. Ueorgc
Gctzette" by the Ad2ptation Order of 1937.
Thcse words were substituted for the war
days" section 4 of tlle Madras City M u n
'-11

ment) Act, ,941 (Mndras Act VTI of 1941

ny section 2 of, and tire First Schedule to,
ing and Repealing (No. I ) Act, 1948 (Tamil
4 This sub-section was substituted for
( 5 ) by section 75 o; tbe Madras City Muil
1961 (Tamil Nadu Act 56 of 1961).
. ---
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.;"1?L-----.- - - - --- &_ .

1919: T.N. Act IV] Madras City Municipal 323

. '
Corporation

I- ,
(b) Before gtanting or refusiag a licence under
I clause (a), the commissioner shall cz~usea full and
i' complete investigation to be made ir-. the prescribed
manner in respect of the application and shall have
due regard to-
i

(i) the suitability of the place in respect

of which the licence is applied for ;
(ii) the possibility of any danger to life
or health or property or the likelihood of any nuisance
being created either by reason of the manner in which
or by the conditions under which the place is proposed
to be usedor by the nature of such use ;
(iii) the provisions of other Acts, if any,
and the rules and by-laws made thereunder, regula-
ting the use of places for the purpose for which a
licence is applied for under this Act ; and
, -. I
..
,
(iv) such other matters as may be prescribed.
(c) If the commissioner is satisfied either on a
reference made to him in this behalf or otherwise
that-
(i) a licence granted under clause (a) has
been obtained by misrepresentatioc a s to an essential
fact, or
(ii) the holder of a licence has, without
reasonable cause, failed to comply with the condi-
tions subject to which the licence has been granted
or has contravened any of the provisions of this Act
or the rules made thereunder,
then, without prejudice to any 0 t h ~penalty to
which the holder of the licence may be liable under
this Act, the commissioner may, after giving the
holder of the licence an opportunity of showing cause,
revoke or suspend the li~cnce.
(d) Subject to any rules that may be made in
this behalf by the State Governmzn:nt,the commissioner
may also vary or amend a licence grazted under
clause (a).]
125-13--214
i .
9; R-.$: p8," 4 ~ ; ,
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s24 Madras City D4'unicipal [I919 :T.N. Act IV

Corpor L.**

(6) Every such licsnce slzali expire at the end of

the year for which it is grxnted, or at such earlier
date as the comaissioner may, for special seasons,
specify in the licence.
(7) Applications for renewal of such licences
shall be made l(not less than forty-five and not
more than ninety days) before the commencement
of the year for which the renewal is sought.
P I
(8);Where a licence is gcanted unaer this section
::; '1 for the use of any place ol~tsidethe limits of the city,
p:
"
i
the corporation shall pay to the mhnicipal council
-.- or local board competent to issue a notification in ~
i:.

respect of such place ondcl st~h-section(1) of section

$ ~ ~ ~ $
, 249 of the '('famil Nadn) District ~ u i l i c i ~ a l i i i Act,
es
*\ '
1920, or sub-section (1) of section 193 of the '(Tamil 19 : )
c> Nadu) Local Boards Act, 19203, as the case may be,
-;such proportion of the fee ieceived by the corporation
&
I l

1". for the grant or renewal of such licence as the 4(State

,r
Government) may, b y general or special order,
*s'
;'kT
determine.
*
;g, :
.
Pi?
(9: no notification under sub-section ( 1) of sec- 2(Tamil
tion 249 of the ' ( ~ a m i l Nadu) District Ml.lnicipalities Act V of
':Act, 1920, or sub-section (1) of section 193 of the2(Tami
'!(~amil Nadu) Local Boa I ds Act, 1920 3, shall, 1920.
$otwithstanding anything contained in those
,'Acts, take eeffect in any area within three miles of the
' limits of the city except with
: u the previous sanction
*ief the 4(State Government)]. '
., -/I_

- =Thesewords wsre sl,rb;tituted for thl: wcrds "not less tl~anthil.ty

-I---^--

days" by section 4 o f the Madras City Mu:licipal (Secolld Anlet d-

.merit) Act, 1941 (Madras A-ct VI I of 194 1), re-enacted permanen tly
bysection2of, and tneFirst Schedule to, the Tamil Nadu Re-enacting
and Repealing (No. 1) Act, 1948 (Tamil Nadrr Act VII of 1948).
a These words were substirutcd for the worai " Madras " by the
Tamil Nadu Adaptation of Laws Ordc;, 1963, as amended by the
TamilNadu Adaptation of Laws(S-cond Atn-ndn~ent)Order, 1969.
SNOWthe Tamil Nadu District F3o:irc.l~Act, I??" /r-n-;l Na$tl
Act X N of 1920).
4 The words " Provincial Government " were substituted for the
words " Local Government '' by th : Adaptation Order nf 1 937
and the word "State " mas substituted for " Provincial " by the
~daptstionOrder of 1950.

- ----
4;...*
;."
* -
.- -- . - * .
7.
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t IVl Madras City M u n i ~ i p ~ l 326

Coqwration
Application

ower or electric power, 0:

the intended work.

(2) The application s11all specify the maximu111
number of workers proposed to be simultaneously
employed at any time in the factory, workshop, wo1:k-
lace or premises and shall be accompallied by-

overnment] ; and
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326 -Madras city hirnhinot r1419 :T.N. Act

~ o r ~ o ri oa it
(bj such piurticulars as to the poper, machinery,
plant or premises as the council may require by by-laws I
made in this behalf.
J
I
(3) The commissioner shall, as soon as may be,
after the receipt of the application-
(a) grant the permission applied for either
absolutely or subject to such conditions as he thinks
I
fit to impose, or
(b) refuse permjssjon if he is of opinion that such
construction, establishment or installatition js objec-
tionable by reason of the density of the population
in the neig:lbourhood or is likely to cause a nuisarce.
(4) Before granting permission under sub-section
( 3) the commissiorer-
shall, if more than nine workers are proposed
tr 5e sin~uitaneouslyemployed at any time in the fac-
tory, workshop, work-place or premises, obtain the c c n ~ l
appro\ nl o:' thc illspector of factories appointed under A O ~
the F:t;i~.isACI, :934' having jurisdiction in the city
or if theib is mure than one such inspector,
E. of

of the inspcc;or dzsignated by the 2(State Government)

in this behaif bjf general or special order, as regards
the plm 0;' $lie factory, workshop, work-place or
premises with reference to-
(i) the irtlequacy of the provision for venti-
lation and light,
(ii) the sufficiency of the height and dimen-
sions of the roo~nsand doors,
of' the exits to be us&
(iji) the s~~jtirbility
case of fire, and

by rules m: de b
..--. -----. ----
,See now the I7u:ories Act, 1948 (Central
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Corporation
(6) shall consult and have due regard to
inion of the health officer as regards the suitabi-
y of the site ~fthe factory, workshop, work-place
premises for the purpose specified in the applica-

(9) AS1 chimneys i,n connexicn with any such

factory, workshop or work-place or any such machi-
nery of manufacturing plant shall be of such height
and dimensions as the commissioner may determine.

(6) More than nine workers shall not be simul-

taneously employed at any time in any factory, work-
shop, work-place or premises, unless the permission
granted in respect thereof ~ n d e sub-section
r (3) autho-
rizes such employment or unless fresh permission
authorizing such employment has been obtained from
the commissioner. Before granting such fresh per-
mission, the commissioner shall obtain the approval ,

of the inspector of factorirs, refelred to in clause (a)

of sub-section (4), as regards the plan of the factory,
workshop, work-place or $remises with reference
to the matters specified in that clause.

I [(7) The grant of permission under this s e c t ~ ~ n -

I
I
(a) shall, in regard to the seplacen~entof machi-
nery, the levy of fees, the conditions to be observed,
and the like,be subject to such restrictioi~sand control
as may be prescribed; and
(b) shall not be deemed to dispense with the
necessity for complial~cewith the provisions of sections
234 and 236 or sections 248 and 249? as the case ma9
be.1 I

-- ----- --- ------.---. _____ I

This sub-section was substituted for original sub-section (7)

t y section 3(ii) of the Madras City M~anicipai(Amendtl;ent) Act,
42 (Madras Act XV of 1942), re-enacted per.mcinently by section
and
of, and the First Schedule to, the Tami? N ; I ~ LRc-e~xi~tingr
I
epealing (No. I) Act, 1948 (Tamil Nadu A c . VII c: ! 3968).
 LatestLaws.com
LatestLaws.com

$$p?:,ml
.
.-"?:"' .
*tit + [(8) Save as otherwise spt-+ciallv n r n ~
this A C ~if, orders on an applic~..,,
-rr**
ps

t.
4
, ,
.
under sub-section (1) are not received b, -a*w
r'7 .
+ ':
,
within sixty days after the receipt of the applicalv,.
*a.
. by the commissioner, permission shall be d-m-A +-

. ,
3??
have been granted subject to the law, rules, -=
c .* A,
t?
'.. A? regulations and all conditions ordinarily impose,
.is:,6"

A E ~., -
4'
(9) Nothing contained in clause (a) of sub-s
(4) and sub-section (6) shall apply if the ap
gqf). $ -,
"bi-t,
_, ,
to the factory, workshop, work-place or p
referred to therein has already been obtained under tho
I

20; >.. .
&*st

'!$$ * 4
y relating to factor.ies for the time
provisions of a ~ law
2 , J

%<. o being in force.]

lm3s- [289. (1) If, in any factory, workshop or work-

r may place in which steam-$o~ver, water-power or other
dkec- mechanical power or e!ectric power is used, nuisance
i for
tment is i n the opinion of ths commissionel- caused by the
*ante particular kind of fuei used or . , +.I - L- :1oi~3cr ~ i b -
:d by
' - - 7

a 01: ration created he may issue such directions as he

*power. thinks fit for the abfiteiant of the nuisancc within a
reasonable time to bu specified for the nurpose. J.

(2) If there has been wilful default in carrying

out such directions c r i T abatement is Found i~r~psac-
ticable, the comnlissioner rnay-
(a) prohibit the use of the particular kind of
fuel ;or
( b ) prohibit the working of the factory, work.
shop or work-place altogether until such directions
have been carried out 47:. batween the hours of 5 p.m.
and 6 a.m. or during any particular ti~lleor times
between such hours. ]
--
1 These sub-seclio~lswere added by section 2 (i) of the Tamil
Nadu Local Ao t horities' Laws (Amendment) Act, 1974 (Tamil
Nadu Act 39 of 1974).
2 Sections 287 to 289-D were s~ibstitutedfor original sections 287
ro290and the heatling to section 290, viz., "Depots for cornbustibless*
hv section 140 ot L8.b Madras City Municipal (Amendment) ~ c t
1936 (MadL,,s Act X of 1936).
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LatestLaws.com

I - - I _--_
I 19-i2?.N.Act 1f'l ' ~ a d r a ~ - - & & ~ ~ i c i$29
p~l
Corporat inn
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330 Madras City Munic

other Ll.ksl~anicalor electric power is employed, is

1s likely to becorre by reason of the employment
such power or by noise or by any gas, vapour, smo
vibration, dust or other impurity generated in
course of the work carried on in such place or
any other c h ~ ~ s ea , nuisance or danger to the li
health or property or persons in the neighbourho
he may by written notice require the owner or
occupier of such factory, workshop, work-place,
building or place to discontinue the use of such facto
or place for any of the pur
in such notice.]
l[289-C. (1) The Co
authorized by him in this
workshop or work-place -

to believe that any offin

section 288, 289, 289-

exercise of powers under this section or

of the fotce necessary for the purpose o
, entrance under this section.]

-
- - --
--,-
4

-
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- . - . - .- __L ___
<
.

icbal 331

Washing sad bathjng.

Provision
291. The council shall set apart places for use by placsg for of
the public for bathing purposes and for washing bathin
for washing
animals.
292. (1) The commissioner may constr ,,' or pro- Provision ef
public
vide and maintain '[public bathing-housesl, public tathinF
wash-l~ouses or places for the washing of clothes, houxs,
and may [charge and levy such rents and fees] for washhouses,
the use of any such 1 [bathing-house], wash-house etc*
or place as the 3[standing committee] may determine.
* [Such rents and fees shall be recoverable in the
same manner as the property tax.]
(2) The commissioner may farm o ~ the t collec-
tion of such rents and fees for any period not exceeding I

three years at a time on such terms and conditions

as he may think fit.
(3) If a sufficient number of public wash-houses
or places be not maintained undcl sub-section (I),
the commissioner ]nay without making any charge
therefor appoint suitable places for the exercise by
waslzermen of their calling.
I
6[(4) 111 public wash-houses, the clothes of persons
suffering from inrect~o11s di sl:cises and of persons
residing in the premise3 occupied by the persons
-
lThese words $+ereinserted by section 14 1 (i) (2)of 1 hclMadras
City Milnicipal(A1nendment)Act, 1936 (Madras Act X of 1936).

i a These words-were substituted for thc word^ "rcquit-e the pay.

ment of such rent:, ahd fees '' by section 141 (i) (b), ibid.
 LatestLaws.com
LatestLaws.com

suffering from such discascs shall be wa~hedseparately

in a separate block wllerevcr set apart for the purpose
and shall be washeti by such methods as the cummis-
sioner may lay dowlk in that bahalf.]

,hibition 293. (1) The comni~ssionetmay by public notbe

.inst prohibit the washing of clothes by w,isherrncn in the
by exercise of tl~cil.c:illlns, siti~crwitlrin t i ~ ccity or out-
3 hennen
~nautho- side thc city within t111.c~miles of ihc boundary
:dplacwb' thereof, exceptat -
p~lblic\YBS/I-~I~)LISZS
((1) 01 ~ 1 3 maintnilled
~ ~ s
or provided iinder section 292 ; or

(b) sijch other places as he may appoint :for

the purpose.

(2) When any such prohibition has been made

no psrson who is by calling a washelman shall, in
contr;%ventiu,, of S L I ~ :prohibition,
~ wash clothes.
excepr rbr hirnself or for personal and fslmily service
or for hire on and within the premises of the hirer,
at any placc within o i without municipal limits other
than a public wash-house or a place maintained or
appointed under this Act :
.\
Provided that this section shall apply only to
clothes washed \vithill o?;ito be brought within the city.

.iilr:rgh ter-iiorrszs.
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LatestLaws.com

shall be recoverable in the same manner as the

295. 3[(1) The owner of any place within the limits Licence far
of the city or at a distance within three miles of such houses.
.
limits which is used as a slaughkr-house for the ,

slaughtering of animals or for the skinning. or cutting

up of carcasses [shall apply to the .:omm~ssionerfor
a licence . not less than forty-five and not more than
ninety days before the opening of such place as a
slaughter-house or the commtncement of the year
far which the licence is sought to be renewed, as the
case may be] : --
1 The words a central co~mrnittee''were substit~ztedfor the wolds
66 .,'
standing committee" by section 101 of, and Scheu - T to, the
Mldras City Municipal (Amendment) Act, 1361 (Tamil Nadu Act
56 of 1961) ; and the words standing committee" were again
'$

$ubstituted for the words " central cbmmittee" by section 34 of,

and Schedule T to, the Madras City Municipal -Corporation and
Tarnil Nadu District Municipalities(Arnendn~ent and Extension
of term of office) Act, 1971 (Tamil Nadu .Act 22 of 1971).
2 The w r d s '6 Provincial Government " werc stu bstituted for the
wqrcls Local Governmknt " b'y the Adaptation Order of 1937
6 g

and the word c 4 State'' was substituted for P; ovincial " by the
b b

~ ~ a p t a t i oQrder
n of 1960.
a This sub-section was substituted for the wiginal sub-section
(1 ) by section 143 of the Madras City Municipal (Amendment) ~ c t ,
1936 (Madras Act X of 1936). I

~ d s&'shaJ]not less
of the year for which
ce to be newly opened,
g of the san;e, apply to
i
6 cf the Madras City
I

adras Act of g. $
'

of, and the )First

nd Repealing (No,I)
 LatestLaws.com

Psovidedi that this sub-section s

with the previous sanction of the '[State
ment).I
(2) The commissioner may by an orde
subject to such restrictions and regulations
supervision and inspection as he thiuks fit,
or refuse to grant such licence.
296. The conlmissioner may allow any animal
be slaughtered in such places as 1 s thinks fit
occasions of festivals and ceremonies or as a spe
measure.

or skin or cut up any carcass without or otherwise

than in conformity with a licence from the
commissioner or dry or permit to be dried any
skin in such ~r inaimer as to causz a iluisance.
Slaughter of 298. The coinmissioner inay authorize any
animals fc r person to sl;rughter without licence and without the
religious
ceremonies- payment of any fee any animal for the purpose of
a religious czremoay.
The Dlilk Trade.
299. (1) No person shall without or otherwise
Regulation than in conformity with a licence from the commis-
of milk sioner--
trade.
(a) 3[carry on or be employed in] the k
or busiiie~~ of a dealer in or importer or seller
hawker of milk or dairy produce *[within the city] *
(b) use any place in the city for the sal
milk or dair) produce:
---- - - - -..-dm-

I The words " Provincial Government " wzre substitute 3

the words Local Government" by the Adaptation Order
"

1937 and the word "State" was substituted for " Pro
by the .\.daptdtion Ordcr of 1950.
B These words were lnserted by section 144 of the
~ ~ ~ k i p a l ( A m % ~ d mAct, ) (Madras Act X of 1
e n t1936
3 These words were substituted for the words
,.' :city " by section 145 (I), ibid.
4 *These words were added by ibiri.

. --
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1919 t T.N Act IV] Madras C'iy Municipnl 336

Corporation

'[Provided that no such licence shall be given

to any person who is suffering from a dangerous

Provided further that such licence shall be deemed

to have been :uspc:lc!e.-i irhile the person to whom
it is graaed is suffering from a dangerous disease.]
(2) Such licence may be rehsed or may be granted
either uncondi~:ionally or 2[on such conditions as
the commissioner may deem necessary. Such condi-
tjons may relate to the construction, ventilation,
conservancy, supervision and inspection of the *pre-
mises whether within or without the limits of the
city where the animals from which the millc-supply
is derived are kept.]
Markets, Butchers' shops, etc.

00. All markets which are 3[acq~~red],construct- Public .

, repaired or maintained. out of the municipal markets
nd shall be deemed to be public markets.
301. (1) Tlie council may provide places for use Power
as public markets.
[(2) The commissioner may in an;?public market
charge and levy any one or more 0.' the followjng
fees at such rates as the =[standing committee] may
-
&These provisos were added by section 14E (ii) of the
Madras City Municipal (Amendment) Act, 1936 (Madras Act
x of 1936).
These wcrds were substituted f o r the words upcn the condi-
g 4

tions laid down by the comn~issioner" by section 145. (iii), ibid.

sThis word was inserted by section 146, ihid.
.C
c These sub-sections were substituted for original sub-section (2) 4
by section 147;ibid. . ?,

5 T 1%1 ; ~ 3 r cc~:qtral
rl~ were substituted for the words
c3fn.nitteeY'
* : q b r ~ i i n q2 3 anltt3e" by szction 101 of, and Schedule I to, the
Mldras City M u ~icipal(Amendment) Act, 1961 (Tamil Nadu Act
66 of 1961) ; and the words sta1,ding coinmittee" were again
substituted for the words " central committee" by section 34 of,
and ScheduleTto,the Madras City Municipal Corporation and Tamil
istrict Municipalities (Amendment and Extension of
office) Act, 1971 (Tamil Nadu Act 22 of 1971).
 LatestLaws.com

336 Madras City Municipal [I919 :T.N.A

Corporation

determine and may place. the collection of such fets

- - - as may appear
I

under t r lb:nanagement of sucn persons

.#
.
to hjm proper or may tarm out sum fees on such
terms and hbject to such conditions as he may deem
fit-
(a) fees for thb use of, or for the. right to
,

expose goods h: sale, in such i n a r k e ~,~

I.0

I
(b) fees for the use of shops, stalls, pens or
stands in such markets ;
. 1,
(), fees on vehicles or pack-animals (
or on persons bringing, goods for sale in such mil

(6) fees on animals broughl: for sde

or sold in, such markets ; and
-
- . **.a
*

(e) licence fees on brokers,

- - commissian
weighmen and measurers practising their c a
such markets*
.
(3) Such fees shall be recoverable the
manner as the property
- tax.
(4) The council may, with the sanction.
State :Government], close any public mar
part thereof.]

2[302. (1) No person shall, without the pe

of the commissioner, or if the fees have beea
out, of the farmer, sell or expose for sale any
over or article within any public market.
. --
The words " Provincial Government. ' ' were,substil
1
words Local Government " by thp, Adaptatlor&uxder o
and the word " S t a t e ' b a s sutbstituted for GProvinciai" by th
Adaptation Order of 1950.
2 This section' was substituted for origins
section 148 of the MatfrasCity Municipal (
1936 (Madras Act X of 1936).

- . ,
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-__ A - - -
N . Act IV] Madras City lwunicipal 337
Corporar ion
(2) Any person who contra~enes sub-section
(1) or any condition of the li~enceor any regulation
made under section 308 or any by-law made under
section 349 or who commits default in payment of
the fees leviable under section 301 may after three
clear days' notice be summarily removed fldorn such
market by any municipal officer or servant and any
lease or tenure which any person may possess may
be terminated for such period and from such date
as the commissioner may determine without pre-
judice lo the legal rights of the corporation to pro-
sexte the person or to recover the fees leviable undet
section 301 and the expenses, if any, which the corpo-
ration may incur in such removal].

kstablish I
303. (1) The council shall determine whether the mmt of
establishment of new private markets for the sale primtc
of or for the purpose of exposing for sale animals markets4
intended for human food or any article of human
food shall be permitted in the city or any specified
part of the city.

l[(2) (a> NO person shall establ.sh any new ::...

I

n
private market without or otherwise than in con-
formity with a licence lssued T3y the commissioner $.A

with the sanction. of the a(standitlg committee ) which

shall be guided in giving or refusing sanction, by
the I'esolutions of the council passed under sub-section
 LatestLaws.com

(b) Applicatioils for sucl~ liceiic

made by the owner of the place ill respect of whi
the licence is si~nght'(not less than forty-five an
more thall airicty (Jays) bcfosc such plats is op
as a market.
Ljcensia g of 304. (1) No persoll shall \i;ithout or otherwise
private than in co~for~nity with an arltlual licence granted
markets.
by the commissioner in this behalf' continue to keep
open a private market. Application fo; the renewal
of the licence shall be made "ll(not less than forty-
five and not more than ninety days) before the corn-
mencement of the year for which licence is sought ].
(2) The comnlissioner may by an order, 3(subject
to such regulations as to supervisjon and inspection
and to such conditions as to sanitation, drainage,
water-supply, width of paths and ways, weights and
measures to be used and rents and fees to be charged
in such markets) as he thitlks fit-
(a) grant or refuse to grant or renew such
licence, or
(b) witl~iiold the licence until the owner or
occupier executes such works as may be specified in
the order :

lafuse or withhold such licence for any cause o

made under section 349, 4( x

-----

s These words w x e s~tbstitutedfur the words '' subject

restrictions and regulations" by section 1 5 0 (ii), ibid.
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3[304-A. Every licence granted under section 303 Period of !

' ,
r
',
l

or section 304 shalj expire at the end of the year for

which it is granted.]
\

3[304-B. When a licence granted under section Licence fee

for *riv ate
304 ~ermitsthe' levv of anv fee or fees, of the nature markets* .
spec[fied in sub-section ( 2 j of section 301, a fee not
exceeding fifteen per cent of the gross income of the
owner from the market in the p~ecedingyear shall be
charged and levied by the cornrnissi~~le~ for such
licence].
305. It shall not be, lawful for any person to sell S a ~ ~ ~ n s e d
or expose for sale any animal or article in any unlicen- private
sed private market. markct-
Powersof
306. The commissioner may by notice requlre c,mm~.
the owner, occupier or farmer of any private market sioner in
respeot of
for the sale of any animal or article of food, to- -
mivat6
markets.
(a) construct approaches, entrances, passages,
gates, drains and cesspits for such market and provide
I
it with latrines *[ofsuch description and ill.such position
and number as the commissioner may think fit];
lTAis word was substituted for the words "two regional
languages" by section 77 (ii) of the Madras City Municipal
(Amendment) Act, 1961 (Tamil Nadu Act 56 of 1961).
%Thisword was substituted for the words "two vernacular
languages " by section 77 (iii), ibid.
tions 304-A and 304-53 were inserted by section 151 of
dras City hlunicipa3 (Amendment) Act, 193 6 (Madras
of 1936).
4 Tbsse words were inserted by d o n 162 (i), ibiri. .
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340 Madras City Municipal [1919 :T.N.

Corporation
(b) roof and pave the whole or any porti
or pave any portion of the floor with such mate
as will in the opinion of the commissioner
. imperviousnt :ss and ready cleansing ;
(c) ventilats '(and light ) it properly a
vide it with a supply of water ;
( d ) provide passages of sufficient widtlh between
the stalls 21and make such alterations in the stalls,
passages, shops, doors or other parts of the market
as the commissioner may direct); and
(e) keep it in a cleanly and proper state and
remove all filth and rubbish: therefrom.
Suspension
307. (1) If any person, after notice given to him
or refusal of in that behalf by the commissioner, fails within the

"
licence in period and in the manner laid down in the said notice
default. to carry out zny of the works specified in section
306 the commissioner may, x x x), suspend the
licence of the said person, or ma.y refuse to grant
him a licence until such works have been completed.
(2) It sha!l not be lawful for a.oy person to open
or keep open any such market after such suspension
or refusal,
30B. The commissioner may, with the approval
I Power of
commissioner
to make
of the 4 (stainding committee), make regulations, not
inconsistent with any provision of this Act, or of
i regulations
for markets,
any by-law made under section 349,
bazasrs,
slaughter- 1 These words wers inserted by sectioil 162 (ii) of the Madras
houses, and City Municipal (Aaendment) Act, 1936 (Madras Act X of 1936).
plaoes set These words were inserted by section 152 (iii), ibid.
apart for 3 The words a with the sanction of the standing committee" were
sacirifico of omitted by section 78 of the Madras City Municipal (Amendment)
aninals. Act, 1961 (Tamil Nadu 4ct 56 of 1961).
4 Theaords "central committee '"ere substituted for the words
"standing comn-ittee" by section 101 of, and Schedule I to, the Madras
City Municipal (Amendment) Act, 1961 pamil Na du Aot 56 of 1961)4 .
and the words " standing committee " w c r e again substituted for the
words '4central minmittee" by section 34 of, and Schedule I to,
the Madras City Municipal Corporation and Tamil Nadu District
Municipalities (Amndment and Extension of term of o&) Ad,
1971 (Tarnil Nadu Act 22 of 1971).

-- * - --*-*-
. ,
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I
, ---

1919 :T.N. Act IVJ Madras City Municipal 341

Corporation
(a)for preventing nuisances or obstruction
in any market-building, market-place, bazaar or
slaughter-house, or in the approaches thereto, or
in any of the roads, paths or ways in any market
or bazaar;
(b) fixicg the days and the hours an and during
which, any market, bazaar or slaughter-house may be
held or kept for L se ;
(c) for keeping every market-building, market-
place, bazaar, slw ighter-house and place specified
. under section 296 in a cleanly and proper state, and
for removing filth and rubbish therefrom ;
(6)requiring that any market-building, market-
place, bazaar, slaughter-house or place specified
as aforesaid be properly ventilated and be provided
with a sufficient supply of water ;
(e) requiring that, in market-buildings, market-
places and bazaars, passages be provided between
the stalls of sufficient width for the convenient use
of the public; and
(f) requiring that in market-buildings, market- -d

places and bazaars separate areas be set apart for -6 +*

different classes of articles. ?&

"
+ t t$b
Fk
: 1[308-A. (1) The council may acquire the rights hquisition .
of any person to hold a private market in any plaw of rights of -
and to levy fees therein. The acquisition shall be private to . ,

made under the Idand Acquisition Act, 1894, and hold private
Act I of such rights shall be deemed to be land for the pur. mprlcts.
1894. poses of that Act..
(2) On payment by the council of the compen-
sation awarded under the said Act in respect of such
property and any other charges incurred in acquiring
it, the rights of such person to hold such market
and to levy fees therein shall vest in the council].
C---

t Sections 308-A and 308-B were inserted by

---r

stxtion 163 of the

Madras City .dunicipal (Amendment) Act, 1936 (Madras Act X
of 19361,
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342 Madras City dlunicipnl [I919 :T.N. Act IV'

Ccrporation
lL308-B. The person in charge of a market s
Duty of prevent the entiy therein of,and shall expel therefro
expelling
lepers, etc., any person suffering from leprosy in whom the
from process of ulceration has commenced or from any
markets and infectious or contagious disease who sells or exposes
power to
expel for sale therein any article or who, not having pur-
disturbers. chased the same handles, any articles exposed for
clqle thercin ; and he may expel therefrom any person
who is creating a disturbance therein.]
309. "(I)] No person shall without or otherwise
But~hcr's,
fishmonger's, than in conformi:y with a licence from the commis-
and pour- sioner carry on the trade of a butcher, fishmonger
terer9s or poulterel- 01- tlse any place Sol the sale of '[flesh,
licence.
~ human food-
fish or poultry i i ~ t e n d efor
(a) inany p
(6) in any
limits and not. inclr
under the '(Tamil N
1920 :I
Provided that no licenc
a place used for the selling or storing for sale of
served flesh or fish contained in air-tight and
metically sealed receptacles :
5[Provided F ~ r t
for any pla:e included
r 4('i1amilNadu) Di
u ~ ~ d ethe
the 4(Tamil Nadu) Village Panchay ats Act,
or the 4 ( ~ a m iXadu)
l Panchayats Act, 1958.1

1 Sections 308-A and 308-B we

Madras City ~ u n i c i p a (Amend
l
1936).
8 Original section 309 was renumbered as section 309 (1) by s
164 (I), ibid.
8 This was substituted for the words "flesh or fish intende
human food" by section 154 (1) (i), ibld,
4 These words were substituted
Nadu Adaptation of Laws Ord
Nadu Adaptation of Laws (Sec
came into force on the 14th January 1969.
6 This proviso was substituted for the original
section 79 of the Madras City Municipal (Ame
(Tamil Nadu Act 56 of 1961).

I --
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. --- ---- - -- L .----4--

-*

i.

Madras CityMtinicipal 343 '

Ccrpo r ct i r 7i

'[(2) The ~ ~ i 3 l l i m i ~ ~Il ~La~ibx-j Y 11 order and

subject to such restrictions as to supervision and
inspection as he thinks fit,grant or refuse to grant

(3) Every sucii licence shall expire at the cnd

of the year for which it is granted or at such earlier
/ .
I

date as the commissioner may, for' special reasons,

specify in the licence.]

310. The commissioner may, with tile saxletion of Power to

prohibit or
the 2[standing committee], prohi bit by public notice regulate sal.
or licence or regulate the sale or exposure for sale, of animals,
birds or '
of any 3[animal, bird or article] in or on any public ?,";gic
street or part thereof. streets.

'[310-A. If any question arises whether any place aDecision of

isputes as
\~llerepersons essemble for the sale or pmchase to whether
,lac,s ,,
of articles of food or clothing, of live-stot:k or poul. markets.
try, of cotton, groundnut or other i a d ~ ~ s t rcrops
i~l
or of any other raw or manufactured products, is a .
market or not, thle commissioner shall make a

1~ h sub-sections
~ % wverc added by section 154 (2) of Madras
x of 1936.

1971 (Tamil Nadu Act .22,of 1971).

 LatestLaws.com
* .

344 Madrus City iiMunicipai [I919 :

Corporatiou

reference to thc I[State Governmentj and the de

of thc '[State Government] on the question sh
final. J

.I~~spec*tionoj' plrrces $1,. sale, etc.

Duty of 31-1. It shail be the c.;: of the commissioner

cvmmis- to make provision for the constant and vigilant ine- 'i
eionor to peetioil of aoimals, carcasses, meat, poultry, game,
iwspect. flesh, fish, i'rui t, vegetables, corn, bread, flour, milk,
ghee, buttel, oil and any other articles exposed or haw-
ked about f o ~sale or deposited in or brought to any
place for the purpose of sale or of preparation for sale.

Powers ef 312. (1) The commissioner oi any person authoiized

obmmis- by him in wridng Tor the purpose may without notice
sf ancr for enter any slaughter-house or ally place where animals,
purposes of
iaspcctioe. poultry or fish intended for food are exposed for
sale or where articles of food are being manufactured
or exposed for sale, a i any time by day or night,
when the slaughter, exposure for sake or manufactule
is being carricd on and inspect the same and any I
utensil or vessel used for manufacturing, preparing
or containing ally such article.
(2) If the commissioner or any person so autho-
rizcd by him has reason to believe that in any
place any aniinal intended for human food is being
slaughtered or any carcass is being skinned or cut up
or that any food is being manufactured, stored,
prepared, packed, cleansed, kept or exposed for sale,
or sold without, o- otherwise than in conformity
with, a licen~ehe may enter any such place without
notice, at any time t y day or night for the purpose
of satisfying himself whether any provision of law, -
by-laws, 01 tegulations or any condition of a licence
is being contravened.

he words " Provincial Goverament " were

.'
i
the words 6 b Local Government " by the Adaptation
lad the word a State" was substituted for Prcvi
Adaptation Or& of 1960. .
-- C -- -_ . - --
- - ---
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or any person acting under 6 s authority or the cor-

oration for any damage or inconvenience caused
y the exercise of powers under this section or by the
se of any force necessary for effecting any entry
o any place under this section.

(4) In any legal proceedings in respect of powers

exercised under this sectioii in which it is alleged that
any animals, poultry, fish or articles of food were
not kept,, exposed, hav~ked about, manufactured,
prepared, stored, packed, or cleansed for sale, or were
not intended for human food, the burden of proof
shall lie on the party so alleging.
313. No person shall in any manner whatsoever Preventing
obstruct the commissioner or pet son duly authorized
Gommis
by him in the exercise of his powers under the last by
si,,,r.
preceding section.

$[314. If it appears to the commissioner or a person of

duly authorized by him- commis-
~ i o er
a
(a) that any animal, poultry or fish ivtended to seize
'1
for food is diseased, or diseased
animal,
noxious
(b) that any article of food is noxious, or food, etc
(c) that any utensil or vessel used in manufac-
turing, preparing or containing any article of food
is of such kind or in such state as to render the articles
noxious,
he may seize or carry away or secure such
animal, poultry, fish, aiticle, utensil or vessel in order I

that rhe same may be dea;t with as hereinafter pro-

vided.
Explanation.-- Meat subjected to the process of
blowing shall be deemed to be noxious.]
- - -
was substituted for original section 314 by section
as City Municipal (Amendment) Act, 1936 (Madras
 LatestLaws.com

346 J!Jfadrds Q t y Yunicipat [I919 :

Cor~ora
A
f ion

315. No person shall remove or in any

fere with anything secured under the las
section.
316. (1) When any animal, poultry, fish or
article of food '[or any utensil or vessel1 is se
under sectio:1 314, it may, with the consent of
owner or per son in whose possession it w
forthwith destroyed, 2[. .. . . . . .] and if
perishable, without such consent.
(2) Any expenses incurred in dest
thing under sub-section (lj, shall be pal
owner or person in whos:: possession suc
was at the time 3f its seinu~e.
317. (1) Articles of food, animal, po
utensils, or vessels, seized under section 3
' - destroyed under section 316 shall
possible be produced before a magistrate. '
(2) Whether or not complaint i
a1 with the magistrate of any offence under the Indian Penal
Code or under this Act, if it appears to t
on taking such evidence as he thinks necessary that
any such animal, poultry or fish is diseased, or any
such article is t~oxiousor any such utensil or vessel
is of such kind 01 in such state as is described in
section 314 he may order the sane,
(a) to be forfeited to the corporation,
(b) to bc destroyed at the charge of the 0
or person in whose possessioi~it was at the time of
seizure, in such manner as to prevent the same being
again exposed or hawked about for sale or used for
human food or for the manufacture or preparation
of, or for containing, any such article as aforesaid.

1 These words were inserted by sxfion 158 (i) of #e Madm City

,
Municipal (Amendment) Act, 1936 (Madras Act X of 1936).
2 The words " in such manner as to prevent its being
human hod or expored for sale " were omitted by 8-i
ibid.
--
-*

-
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!"\ .L &
Y
- ,-------
A # -*:

os,
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9 :t N . Act if] ilfadras Ci'bjlfunicipbl 349

Corporat icn
Disposal of the dead. . :.J*. ..red

-,
.
. I 'V
4.'

318. If it appears to the commissioner that the~eRedstratioi~ . . $4

is no owner or person having the control of any oownerless r closing of
.-,
4: ;
place uhed for burying, burning, or otherwise disposing places for 8 .f
of the dead, he shall. assume such cclntrol, a,nd register dispos;.l of 'i^r
such place, or may, with the sanction of the co;ncil, dead.
. ,.>.. '

319. (1) No new place for the disposal of tbe Licensing of ' ., ; I
-5
,

dead, whether public 01 private, shall be opened, places for l

of
formed, constructed, or used unless a licence has disposal
dead. I<
7.:

, been obtained from the commissioner on application. ..

,* . ,,.
,'
2

(2) Such application for a licence shall be accom-

nied by a plan of the place to be registered, showing
s, and extent thereof, the name
rson or community interested
management, and such further
missioner may require.
ssioner may, with the sanction.

(d) grant or refuse a licence, or .. *

, ,

(b) postpone the grant of a licence ,$

6 ,

v
the site have been removed . ..
,!-?: .
, . r.-
:

called for by him have been ..I.-%:

320. (1) The council may, and shall if no sufficient b v i s i o n of

\ ide places to be used as burial burial and
or crematoria, either within or burning
f the 2(State Government)] crematoria
t the limits of the city, and may [charge and within or
without the , -
rents and fees] for the use the~eof. city by the
,
,;,;.'
+

a - corporation, 3" I ,

These words were inserted by section 169 (i) of the Madras City a r

a1 (Amendment) Act, 1936 (Madras Act X of 1936). * I .r'*.

.i'
words " Provincial Government " were substituted for the i .
t " by the Adaptation Ortier of 1937
s substituted for " Provi~cial" by the
2 I

substituted for the words " charge rents and _ ,

(ii) of the Madras City 'Municipal (Amend-
as Act X of 1936).
, -,-. "
., .
i ' . s " .
X,
b
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848 Madras City Munkipal [I919 : T.N. Act I V

Corporation i

(2) If the corporation provide any such place

without the limits of the city, all the provisions of this
Act and all by-laws framed under this Act for the
management of such places within the city shall apply
to such place and all offences against such provisions
or by-laws shall be cognizable by the presidency
magistrates* as if such place were within municipal
limits.
R?zioter of 321. (1) A hook shall be kept at the municipal
registered, office in which the places registered, licensed or
licensed and
provided provided under section 318, section 319 or section
places and 320, and all such places registered, licensed, or provided
prohibition
of use of before the c o m n ~ ~ ~ ~ c e of n t Act, shall be recor-
m ethis
otller places. ded, and ?he plans of such places shall be filed in
such office.
(2) Noticc tiwt such place has been registered,
licensed or provided as aforesaid, shall be affixed
in English and '[in Tamil ] to some conspicuous
place at or near the entrailce to the burial or burning'
ground or othe~place as aforesaid.
(3) The co~u missioner shall ;~n.nnuallypu
list of all places registered, licensed, or provl
aforesaid or provided by the Government.

Magistrates.
r -- -
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" 7 .
-ac-.l_=.

1919 : T.N. Act IV] Madras City ilIunicipa2 349

Corporation

323. No person shall make a vault'or grave, or Prohibition

cause any corpse to be buried within the walls of or making of
underneath any place of public worship : vault or
grave i n
place of
Provided that in the case of an exisring vault, the worship*
commissioner may, subject to the general or special
orders of the l(State govern men^;), authorize
the burial in such vault of near relatives o f the family
to whom it belongs.
Prohibition
against
use of
2[(a)that any registered or lice~lsedplace for burial and
the disposal of the dead or any place provided for grounds
burning 1

such disposal by the council or by the '[Stale Govern- dangerous to

merit] is in such a state or situation as to be c.t to health or
be likely to become dangerous to the health of persons overcrowded
living in the neighbourhood thereof, or,]

(h) that any burial ground is overcrowded

with graves,
I
and if in the case of a public burial or burning
ground or other p i ~ c et; zTv:;;aid another convellient
place duly authorized for the disposal of the dead
exists -or has been provided for the perscus w h o
would ordinarily make use of such place,

he may, with the consent of the cc3uncil and the

I

sanction of the '(State Governme17t). give

notice that it shall llot be lawful after a ljcriod to
be named in such notice, to bury, burn, or otherwise
dispose of' any corpse at such place. . ;:.
OVa'nment " were substituted for the
bythe Adaptatior, 01der of 1937 and
substituted for " Provincini " by the Adap-
I

ted for original clause (a) by section

unicipal (Amendment) Act, 1936
hwr
.4 .
0
,if :
,*~ **$*&&
 LatestLaws.com
wqw;&$Fs;
'2 - :{; . .
.4$s:i:t$*$3x
*
- .

-'
% 5 ,

.. $?I."
7 :, ;rc .* 3
' ,
' 360 Madras
;& .. -..
,&;
,/*A~I
& ,.
a ,x *,-
1'
"."
,

\+:9.: ..
:?
9.:
V # .
,,,,. -
:;;E:. - shall be affixed to some part of such place.
i'>
-.'.2 . .
'$
i'

6".
t
t .
' s. *
I * ,

permission of the co mmissjones.

Prohibitions "325. NO person shall-

m respect of
corpses* ((r) bury or cause to bc buricd any corpse
.,
thereof in grave whether dug or construc
masonry or otherwise in such rnanner that the sur
of the coffin or the surface of the body where no
coffin is used, is at a less depth than five feet from
the surface o f t he ground ;or

t I

or
(6) build or dig or cause to be built or dug m y
grave in any burial ground at a lcss distance than
two feet from the margin of any other existing grave ;

sanction in writing of the com-

(c) without the
missioner or ail order in writing of a magistrate.
I
reopen a grave already occupied ; or
(d) coilvey 01- cause to be conveyed a corpse o r
part thereof to any burial or burning ground, and not
cause th.e burial or burlling of the same to commence
withill six hours after its arrival at such place ; or
(e) when burning or causing to be burnt a corpse
or part theteof pcrrnit the same or any part thereof
or its clothing to remain without being completely
reduced to ashe:; ; or
--- ---
I Tllese words were substituted for the words 6c in at
 LatestLaws.com
m-.,,Z-.% - ,.- qP-*- "
t - '
.\

:T:N. Act IV ] k-MadrdsCity Kuyticipal

Corporalion

Cf) carry through any street a corpse or part

"- thmpnf nnt ~ ~ + ~ a m +f ilfri rr- n . - - ~ - -- -
I . . b---%
c

carrying a corpse or part thereof within

n or near any street for any

ove, otherwise than in a cloed rect ptacle,

thereof kept or used for the pur-

326. No person shall discharge the office of a

Grave-
grave-digger or other attendant at a public place for digperfs
the disposal of the dead (other tb 311 a p l ~ c provided
t licence-
by the Governmeilt) unless he has: been licensed in
that behalf by the commissioner.

327. (1) corporation shall register a11 births c,mdul,,,, i

and deaths occurring in the city. registratioti

of vital
statistics.
(2) 2[Information of births and deaihs sh:tll be .
given and their rcg~stration]shall be made nnd ctl-
%

forced in the prescribed manlier.

--.---- -
3 This section was inserted by section 162 cf the Madras City
Municipal 'Amendment) Act, 1936 (Madras Act X of 1936).
'
These words were substituted for the words " Sucll registla-
tion "by section 3 63, ibid.
#
 LatestLaws.com
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352 Madras City Municipal [I919 :T.N.Act IV
Corporation

Power to
Doilgerous Diseases. I
notify
329. The [St ate GovernmentJ may, by notification,
''dangerous declare any epidemic, endemic or infectious disease
disease." [(noL :.'ready t~otifiedunder clausi (LO) of section 3)1
to be a " dangerous disease " for the purposes of
this Act.
Obligation 330. (1) If any medical PI-aditionerbecomes cogd-
of medical zant or the e.<isteltce of any dangerous disease in
prac titiontr
or owner or any private or public d w e l l i ~ l gin the city, he shall
occupier inform the commissioner, the health officer, the
to report
dangerous medical registrar of th- district, or the sanitary
disease. inspector of the division with the least practicable .
delay.
(2) The informatioll shall be communicated in
such form and with such .details as the commissioner
may require.
(3) The commissioner may direct the compulsory
notification by the owner or occupier of every house
within the municipal limits, during such period and
to such ofliccr as the commissioner may prescribe,
of all deatt.s from or occurrences of dangerous disease
in his house.
E3iplunution.-Sub-sections (1) and (2) shall apply
to a hakim or a vaidyan.
331. The cominissioner 3[or health ofricer] may
at any time by day or by night without notice, or
after giving such notice as may appear to him reaso- .
- - IL_.

The words "Provincial Government " were substituted for

the words "Local Government " by the Adaptation Order of 1938
and the word "State" was substituted for ('Proviccial" by the
Adaptation Order of 1950.
2 These brackets, words and figures were substituted for the . '

brackets, words, letter and figures "[nct already specified iasub-

clause (a) of section 3, clause lo]" by 5 ection 82 of'the Madras
City Municipal (Amendment)Act, 1961 (Tamil Nedu Act r?6
of 1961). .

o These words werz inserted by sectictn 165 (i) of the Madma

Civ Municipal (Ame~idroent)Act, 1936 (Madras Act X of 1936).
 LatestLaws.com

'. 1919 :T.N. Act IV] Madras City Muiziciyal 853

Corporation
nable, inspect ally place in which any dal~gerous
disease is morted or suspected to exist, I[r ild cxccpt
in cases where ilc is satisfied that adcqcatu arrallgc-
, .
ments have been madc or exist for the proper care
and treatment of tile pt;raukl who is suffering or is ,F
,*
t(

suspected to be sufferingfrom any dangerous disease, i

?%\
:54
I

remove or cause to be removed such person to any ?I 4

' 4;
Government or in~lnicipalmedical institution intended t 1
.# *

for the treatment of patients suffering from such :4!

. A sI..

disease, and take sllch other measures: as he may .S f > Z

.

think fit to prevent the spread of such disease. - .-:~f

Prevoi tiorz of infection.
332. The co~~~missioner may provide and maintain Provision
.,,
suitable conveyances for the free carriage of persons of convey*
suffering from any dangerous disease. for carriage
of patieats .
' #

1 v 333. (1) If, in the case of any person in a hospital, power to

it appears to tile officer in charge of it that such-removal
person is suffbing from a dangerous disease, of patien tr
to hospital.
or if, in the c2se of any other person, it appears
to tile health officer or assistant health officer
2[whether on a certificate signed by a med cal prac-
titioner registered ul:der the 3fTamilNadu] Medical
Tamil Registration Act, 1914, or othefwise] that such person , iT:
1
adul is suffering fron.i a dai;gerous disease, and .
%!$
'-

*"
o t 1V of ." t'
114. . , $4
(a) is without proper lodging or accommoda- - ..r9
tion ; or
,
(b) is lodged in a place occupied by more .. $ 8
7. .+
than one family- ; or ,
..+
These words were substituted for the words "and tzkesuch
measures" by section I66 (ii) of the Madras City Municipal
(Amendment) Act, 1936 (Madras Act X of 1936). A .
Is+,v

These words and figures were inserted b:7 section 166, <.
ibid. 4 I9

These words were substituted for the ,vord " Madras " by
4

the Tamil Nadu Adaptation of Caws Order, 196S, as amended by

the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969, which came into force on the 14th January 1969.
 LatestLaws.com
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..
, , , .,
,, "
' -
. .-
L'
A ,,

35"" Mau'ra+vCityMirnicipal
Corporation

(c) is without lncdicill S \ ~ ~ C S V ~ S ~dire

OII
prevent the sprcatl uT the discasc,
and i f such officer i n charge, health offictr or as '
healih officer, as t ! ~ rcaf.t v y he, considers,

I
that such person should be removed to a hospital
or other pliice at which patients suffering from such
disease are received for medical treatment,
h e may remove such person or cause him to be
removed to the said hospital or place :
Provided that., if any such person is a fernale .

she shall nol, bt: removed to any such hospital or

place unless the same has accommodation of a suitable
kind set apart from the portiolls assigned to males.
(2) Tf any female, who, according to custom,
does not appear in public, be removed,to any hospital
or place under sub-section (I), : .

(a) the removal shall be effected in such a

way as to preserve her privacy ;
.'!I) special accommodation suited to such . '

custo.m'shal1 he provided for her in such hospital or

place ; and
(c) a femide relative shall be allowed to remain
with her.

an offence punishable under section 269 of the

Penal Code.
 LatestLaws.com

to cleanse of disinfect the same, in the . ~ - ~ m e r

within the time specified
- in such notice.
(2) The owner or occupier shall within the time
esaid comply with the terns of the

(3) If the commissioner '[or health officer]

considas that immediate action is necessary, or that
upier is, by reason of poverty or
effectually to comply with his
commissioner '[or health officer]
may hiinself without notice cause such building or
article to be cleansed or disinfected, and for this
purpose may cause such article to be removed from
the building or premises ; and the expenses incurred
by the commissioner '[or health officer] shall be
recoverable froill the said owner or occupier in cases
in which such owner or occupier is, in the opinion
ner l[ar health officer], not unable
ver!y effectually to comply with
 LatestLaws.com
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..
Provision of
356 Murlrtrs City Mzinicipnl
Corporation
336. (1) The commissioner may--
[I919 :T.N. Act IV .

", " i
I p!a? cs for (a) provide proper' places with all necessary
., dlslnfe~tisn
i?

and pthwcr attendants and itpparatus for the disinfection o f

:. ', I
to destroy conveyailccs, clotl~ing, beddill?, or other articles - *,
$2
y7
infeoted which have been exposed to infection '[from any ,* '.
articles*
* + dangerous c isease], and
. .
(b) c ause conveyances, clothing, bedding or
othe~articles brought for disinfectioil to be disin-
fected free of charge or subject to such charges as
may be approved by the '[standing committee].
(2) The commissioner 8[sl~ailfrom time to time
notify places] at which conveyances, clothing, bedding
or other articles which habe been exposed to infection
'[from any dangerous disease] shall be washed 4[and .
disinfected] and no person shall wash 4[ or disinfect]
any such article at any place not so notificd.
(3) The comnu~sionermay direct any clothing,
bedding or other articles likely to retain infection
'[from any dangerous disease] to be disinfected or
destroyed, and may give con~pensat:ionfor any article
destroyed under this sub-section.
Prohibition 337. No person shall, without previously disin-
against
transfer of fecting it, give, lend, let, hire, sell, transmit, or other-
infeoted wise dispose of any article which he knows or has
artioles. reason lo knew hes been exposed to i11f:ction from
any dangercus dise:ue ;
Provided that nothing in this section shall apply
to a gersor, who transmits with proper precautions
any article for the purpose of having it disinfected.
-

These words were inserted by section 168 (i) of tl-e Madras

City Municipal (Amendment)Act, 1936 (Madras Act X of 1936)-
2 The words" central committee "wereisubstituted for the words
" standing committee " by s a t i o n 101 of ,and Schedule I to, the
Madras City Municipal(Amendment) Act, 4961 (Tamil N a d ~ A c t
56 of 1961) ; and the words " standing committee " were again
substituted for the words "centl-sl comlnitteew by scction 34 of,
and Schedule I to, thc Madras City Municipal Corporaticn and
Tamil Nadu District Municipalities (Amendment and Extension
o f term of office) Act, 1971 (Tamil Nadu Act 22 of 1971).
a These words flcre substituted for the words may noti f y
places" by section 168 iii) of the Madras City Municipal (Arnend-
ment)A~t,1936(hJadrasAct X of 19.36).
4 Tbese words *vcreinscrtcd by scction 168(iii),ibid.

r -- - .., ,,,r ! :
I*"u.4xu.4x

+ A*
. *-
-3-
 LatestLaws.com

. "u.-A__-

Act LV] Madras City M icizicipai 357

Corporation . ;%,q
A:
- -'?
y*
p
' .d Z?

ws or has been certified Prohibitioa s r

cal officer in the service against
r of the corporation. or a infected !."
l r
) r
istered under the [Tainii carrying on -, $3-
on Act, 1914, that he is r $4F4'
us disease lle shall not 4~
$:
or carry on any trade or %

without risk of spreading

+ 338. (1) No person who is suffering from any Prohibition

,
dangerous disease shall enter a public coilveyance against
dseased
without previously notifying to the owner or driver person
or person in charge of such conveyance that he is entering
SO suffering. conveyance.
public
(2) No owner or driver or person in charge of
a public conveyance shall be bound to convey any
person suffering as aforesaid, unless and until the
said person pays or tenders a sum sufficient to cover
any loss and costs that may be inci~rredin disin-
fecting such conveyance.
(3) A court convicting any person of contl-awning
sllb-section (1) may levy in addition to the penally
ior the offence provided in this Act such amouilt as the
daourt deems sufficient to cover the loss and costs
which the owner or driver must incur for the purpose
of disinfecting the conveyance ; the amount so
imposed shall be awarded by the court to the owner
or driver of the conveyance :
Provided that in a case which is subject to appeali
such amouilt shall not be paid to the owner or driver
before the period allowed for presenting the appeal
1 This section was inserted by section 169 of the Madra s City
Municipal (Amendment) Act, 1936 (Madras Act X of I 936).
2 T& word Crown9' was substituted for the word 'cGovern..
merit" b, the Adaptation Order of 1937 and the vlord "Govern-
ment,' was substituted for " Crown" by the Adaptation Order of
1950.
* a These words were substituted for the word c6 Madras " by
the Tamil Nadu Adaptation of Laws Order, 1969, as ;mended by
the Tamil Nadu Adaptation of Laws (Second Amendment) Or&r,
1969, which came into force on the 14th January 1969.
 LatestLaws.com

358 Madras City Municipal 11919 :T.N.

Coryo r a t i o ~ ~

has elapsed ; or if an appeal is preser~ted,be

decision of the appeal.
(4) At the time of awarding coinpens
in any sit bsetiuent civil suit relating to the same matt
the court shalj take into account any sum which-t
nlaintii;shall have received under this section.
Disinfection 339. (1) TIw owner, driver or person in charge
of public of any public conveyance in which any persol1 suffering.
conveyance from a dangerous disease has been carried shall
after carri-
age of forthwith disinfect rhe conveyance or muse it to be
patiea ts. disinfected.
(2) No such conveyance sh
health ofiicer or some pe
this behalf has granted a ccrti
may be used without causing risk of infection.
Letting of 340. (1) No person shall let or sublet or fo
- '
' ,
purpose allow any person to
infeottd
- buildings. part of a building in which he k i ~ ~ wors has
r'
to know that a person has been suffering
dangerous disease until the health officer has
a certificate that such building may be re-occ
(2) For the purposes of su
of a hotel, lodging house or emigratioli
be deemed t:o iet the same or part of the s
person accommodated therein.
$*. .
".:i.Power to '
341. In the event of the prevalence of any da
order closure disease within the city, the c
&
-I.*;,
,

- ofplaces of the sanction of the l[standin

, pub&
83 entertain- require the owner or occupie
''A '
'Ir - ""t. or tent used for purposes
to close tile same for such
by the '[standing committ
#$: The words 6'central committee " were s
L
.I
* , the words "standing conllnittee" by section 101 of,
I to, the Madras City hfwticip
Nadu Act 56 of ,1163 1 : and the \+
again substituted for the words
34 of, and Schedille I to, the Ma
a d Tamil Nadu TJistrict Municjp
~t term o f ofice) Act, 1971 (Tamil

-7 --
 LatestLaws.com

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, I919 : T.N. Act IV] Madras City Mz:nicipal 369
Corporatioil -. . .?
" "
',
. I

342. No person being the parent or havirg the care Minor su8.r - . - *Ia- >

f'
or charge of a minor who is or has been suff :ring from dangerous - $-

a dangerous disease or has been exposed to infection dl,, I

therefrom shall, afier b ,~L,;;C~ 2om the health officer to attend \ I

that the minor is not to be sent to school or college, school. ,c'+

permit such minor to attend school or ccllege without
having procured from the health cfficcr a certificate
' (which shall be granted free of charge on application)
that in his opinion such minor may attend without ..
+<'2"
undue risk of communicating such disease to others. . B '*.
73
-3

1
E*;;

. , 343. (I) '[NO person who is suffering fro111 an

I
.
infectious disease shall take any book] or use or books.
..
cause any book to be taken for his use from or in
6' >
. any public or circulating library.
+ ) *
,;,.,
$*1 ". -
4 ' .

% , (2) A person shall not permit any book which

has been taken from a public or circulating library,
h .:
. ;$: : , - .
@ -:
a t .

,.- sind is hnder his control, to be used by any person

'.
.? . .. . :whom he knows to be sufferingfrom infectious disease.
I

1
-. r
(3) A person shall not return to any public or
.
,

.
. ..')
circulating library any book which he knows to have
. been exposed to infection from any infecticlus disease,
'. .: or permit any such book which is under his control
to be so returned but shall give notice to the commissio-
ner that the book has been so exposed to infection,
*'

and the commissioner shall cause the book to be

disinfected and returned to the library, or to. be
'

destroyed.
t (9 The commissioner shall pay to the proprietor -. 9 ;
;+*
O.

,:pi
. of the library from which the book is procured the . ;d
- value of any book destroyed under the power given .,
by this section.
I I , Explanation.---For the ~ U ~ P O W Sof this section the
' commissioner shall from time to time notify what
diseases arc to be deemed infectbus.
_ l Y

1 Tllese wolds were substituted for the words " I f any person

' knows that he is stfiering from any infectio-usdisease he shall not

take any book "by section 170of the Madras City Municipal (Amend-
ment) Act, 1936 (Madras Act X of 1936)-
 LatestLaws.com
LatestLaws.com
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360 Mudrus City Mur~ic@al

O*"*Aw"+:..*A

.. t;if i
:? : cPOW
' of
o~is.
l[34SA. If the health officer certifies that the water I 5+ ,,
in.anywell, tank or other place within the limits of the ;11
. A to~
S~OPG
prohibit is: city is likely, if used for drinking, to tngender or cause I.t i1 'I
.' of water
1ikely to
the spread of acy dangerous distase, the commissioner
inay by public notice prohibit the removal or I :fu
sproad
infectiod. use of such water for drinking and tlomestic purposes
d uiirlg a specified period.j

pulsory 2[344. The Corporation shall enforce vaccination

rhro ugh0 ut t k.e City, and*it may ellforce revaccination
throughout the City or in any part thereof, in respect
of such persons, to such extent, in such manner, 1

as may be prescribed.] I
?LA)

121

obligation 345. Where an inmate of ally dwelling place within

to give l/
i nformatioa the city is suffering from smallpox the head of the j 4 jr
of smallpox. family to which the inmate belongs and, in his default,
the occupier 01 personincharge of such place, shall
inform the commissioner, the health officer, the
medical registrar of the district, or the sanitary inspector
of the division, wit11 the least practicable delay. ,s-i
g
i

Prohibitio~ 346. (1) lilocl~lationfor snlallpox is prohibited. "%

L
of inocula-
tion f o r
smallpox,
(2) N O person who has undergone the operation
of inoculation shall enter the city before the lapse
6 F'
:b

.O
of fortjr days fro111 the date of inoculation without a $i-
ccrtificatc frolu a medical pl-actitioner of such class -9
as the ccoui~cil limy ak1thorizeto grant such certificate i
statins I l ~ i i ts\ic:l j ~ e ~ - s oisn no longel- likely to produce 4
$

-
,

smallpox by contacl 01- near approach.

-. ---.--

1 Illit; section \v;i-;i ~ t \ l ' t ' t t . d by \ c ~ t i O l l 17 i 01' the Madras Cily

Municip,~ljilrnei~drr.eliO Act, 1936 (hl:tijrn.: At:l X of 1936).
* This section was substi~uledby sccrion 2 of the Madras City
~ ~ ~ l i ~(Amendnlent)
ipal Act, 1955 (7'amiI hradu Act IV of 1955).
This was brought into force on the 1st January 1956. The original
section was subsritnted by section 172 of Madras Act X of 19360 .

-- -. .... -- - -- - -
-
- - -- .- ----- --------,-.
-A

. I L
L , .
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1919 :T.N. Act PV] Muclras C'itj.bllrtric~iycrl 36 1

Corporation
PART V.
S rJBSl DIA RY LEGISLATlON AND PENAITIES.
CHAPTER XIV.-- RULES,BY-LAWSAND REGULATIONS-
Rules and Schellule,s..
347. (1) The 'State Government] may make rules Power of
to carry out all or any of the purposes of this Act state
not inconsistent therewith. Governme. t
to make
(2) In particular and without prejudice to the rules.
generality of the foregoing power such rules may-
(a) provide for all matters expl-essly required
or allowed by this Act to be prescdbed ;
2[(b) regulate or prohibit the moving of any e

r e s o l u t i ~or ~ the making of any motion on, or the

discussion of, any matter unconnemd with the
municipal administration ;]
3[(bb)provide for the procedure to be followed
at meetings of the [standing committee 6( * * *)]
and for the conduct of business and the rumlcer of
members which shall form a quorum at such meetincs;] C.

2 [ ( ~ ) prescribe the nc::::ts

-
t o be kept by the -

corporation, the manner in which such, sccoui~ts

shall be audited and published and the conditionb
.--
I The words " Provincial Government " were substituted for the
words "Local Governmem:" by the Adaptation Order of 1937 and
stitwted for " Provincial " by the Aclapta-

,(f) and (g) were substituted for origilzal

tion 173 (i) of the Madras City Municipal
dras Act X of 1936 ) .
clause was inserted by section 83. i) of the Madras City
Act, 1'961 (Tamil adu Act 56 of 1961).
stituted for the wbrds "contracts commitiee,
Ef
e and the appointments committee "
the . Madras City Municipal
u District Municipalities (Amendment
rm of office)Act, 1971' (Tamil Nadu .

appointments committee " were omitted

City MunicipalCorporation (Amendment)
ilNad;~1Act25of1'9'723. , . .

. . ..
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LatestLaws.com

368 Mullras City Municipal [I919 : T.

Corporation
under which tlie salepayers may appeirr before
inspect books and vouchers and take rxce
items entered therein or omitted therefrom *
:i: 2:
'[(cc)
~ [ ( dprescribe
) the forms o f dl registers,
and returns, the manner in which such registe
be maintained, the dates on which the r
returns shall be made and tha officers
, to
shall be sent ;
(e) ~egulatethe sharing between local auth
in the state of Tamil Nadu] of the proceeds
profession tax, tax on carriages and animals,
carts, and other taxes or income levi
obtained under this or any other Act;
(f ) prescribe the powers of auditors, inspect
and superintending officers and officers authoriz
to hold inquiries, to summon and examine witness
and to compel the production of documents and
other matters connected with audit, inspection a
superintendence ; and
(g) prescribe the form
21 of' Schedule TV and the form of notice
under rule 24 of the same schedule.]
__ . _-_
1 The follow inp clause', which was in
Madras City l.lunicipal (Amendment)
56 of 1961), was omitted by section 29 (2)
Corporation,and 'ramil Nadu Distric
and Extension of tern1 of office) Act
1971):d
(cc) regulate t$c allocation of funds to circle corn
=quitable basis hav~ngregard to the populatiorr and
of the circles con~:erncdand other relevant factors:".
2 Clauses (b), ((:A t,d), (z), (f) and
clauses (I),(cj 2nd (d) by section 173
t ) 193 6 (Madras
( ~ m ~ n d m e nAct,
3 This expressiolt was substitut
ef Madras" by the Tamil Nad'u
whichwas deemed to have come inro
* ' . . - . _ .
.- - ,. .-_. __ _
- ".
.' , '.. .
 LatestLaws.com
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. or with modifkations or additions a r t ~which both

=. (Houses) agree] ; but upon such approval being
given the rules may be ma& in t h s form in which they
have been approved and such rules on being so made
shall be notified-in the "Official Gazette) and shall
thereafter be of full force and effect.]
C .
The words "Pro<irrcial Govern~nent" were substituted for
the words '6Lo~alGovernment " by the Adaptation Order of 1937
,,nd the word "State" was substituted for "Provincial ' - . r the
'

Adaptation Order, of 1 950.

* These words and figures were substituted for the words and
figures " any part of Schedule 111. or Schedule VI or Parts 11 to IV
of Schedule V " by section 173 (ii) of the Madrzs City Municipal -+
,
(~m~ndrnent) Act, 1936 (Madms Act X of 1036)
a Original subsection ( 5 ) was re-numbered as sub-section ( 6 )
dnd new sub-section (5) was inserted by sation 173 (iii), jbid.
4 These words were substituted for the words "on the tablc of
the Legislative Couhcil" by the Adaptation Order of 1937.
, '
6 This word was substituted for the wo;d "Chambers " by the
Adaptation (Amendment) Order oaf 1950.
ed for the word "Provincial " by ,the

tituted for the iYordsr' the Legislative

dapttltiorr Order of 1937.
 LatestLaws.com
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364 Madras Cily Municipal [la19 :T.N. Ac

Corporation
I[(6) ] In making any rule the r[State Gover
may provide that a breach thereof shall be pun
with a fine which may extend to one hundred rupees.
Making of 348. The power to make rules 3[and the power
rules after to issue notifications under this Act] are subject to
previous
publication. the following co~lditions:-
1
4[(a)A draft of the rules under section 347 or
of a notificatioil under section 45 shall be published

such later date as the State Government may

appoint.1
(c) All rules made under section 347 shall be
published in the 6[0fficial Gazette] and upon such
publication shall have effect as if enacted in this Act.
6l<.; Every rule made under this Act other than
tllat made under sub-section (3) of section 347 and
every notification issued under this Act shall, as soon
as possible after it is made or issued, be placed on the
table of both Houses of theLegi~lature,and if, before
the expiry of the session in which it is so placed or
-- --- -
1 OciginaI sub-sectio~~ ( 5 ) was re-numbered as sub-section (6)
1 new sub-section ( 5 ) was inserted by section 173 (iii) of the Ma
City Municipal (Amendment) Act, 1936 (Madras Act X of 193

ation Order of 1950.

I
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1919 :T.N.Act IV] Mcrdras City Mu~zicipal 365

Corporation
the next session, both I-Iouses agree i n nlokiug any
.modification in any such rule or notification or both
Houses agree that thc rule or notificaticn should not
be made or issued, thc rule or llotificatioii shall there-
rhn,

I
' after have effect anly 31I?!::: modified form or be of
. no effect, as the case may be, so however that any
such modificatiori or annulment shall be without
prejudice to the validity of anything previously done
under that rule or notjfication.]

349. The council may make by-laws, not inconsis- Power of

tent with this Act or with any other law to provide- council to
by-laws*
l[(1) for all matters expressly required or allowed
by this Act to he provided for by by-law ;]
l [(l-A)] for the due performance by all municipal
. officersand servants of the duties assigned to them ;

I (2) for the of the time and mode

of collecting the taxes gland duties] undcr this Act ;
[(2-A) for determining the condit ions under
which lands shall be deemed to be appurtenant to
building ;I

I (3) (a) for the use of public tanks, wells,conduits

and other places or works for water-supply ;
-,
.y 'b

(b) for the re~wlationof public bathing, washing

and the like ;

Original clause (1) was renumbered as clause (1-A) and new

clause (1) was inserted by section 174 (i) of the Madras City
. Municipal (Amendment)Act, 1936 (Madras Act X of 193'6).
These words were substituted for the words "dtltjr,~a,odtolls
by Schedule I t~ the Tamil Nadu Motor Vehicles Taxation ~ c t ,
1931 (Tamil Nadu Act 111 of 193I)-
8 This clause was inserted by section 174 (ii) 01the Madras Citj
Municipal (Amendment) Act, 1936 (Madras Aot X of 1936).
 LatestLaws.com
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I "* * . , A "

366 Mn(/rlras City Mzl~~ieipol I1919 :T.N. Act

. ,
Clorporution

(c) for the mnintenance and protectiou of the

watcr-supply sustcrn, and the protection of water-
;
supply fro~ncot]t;nniii;ttio~~
((0for [terms and conditions] on which
ihc
house connexioils with the corporation's water-s
. ply mains may be made ; for their alteration and r
3?!..
*,.I
.-,I*. ,

&;' , and for their being kept in proper order ;

r$. : .
j?p: .
-,: A

(e) for supply of water for domestic c

tion and use ;
( f ) for the prevention of waste of water ;
( g ) f o r the measurement of water ;
( h ) for the con~pulsory provision of ci
and meters ;
( i ) for the supply of water in case of fire ;

(4) for the maintenance and protection

lighting system ;
(5) (a) for the maintenance and protect
the drainage system ;
+.;- ;
~ f @ '
$
%
,
.k4,.
"b (b) for the construction of house drai
*-
C~P., regulating their situatioa, mode of constructio
+t4,.
:t
, nlatcrials ;
6.
8%
- 7 .. -
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rT '.
y
- 7
(c) for t hc alteration and repair of house drains; '

L ~

I' ((I) for the cleansing of house drains ;

f,f'. . .
(e) for the construction of closed wss-pools and
drains :
- .
(f ~ O Jfie
. payment or apportionme
payable on accoant of pipes or drains corn
more premises than one ;
% -

---------- -- ------
These ~ 3 r dwere
I ~ substituted for the word a conditions ** by . .{
section 174 (iii) of the Madras City Municipal (Amendment) ~ ~ t , - ,
1936 (Madreas k t X of 1936).

-
5
,
-4
,

, Bb$ 7
i
"
I
- - . -- .-- ., --- -- -
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 LatestLaws.com

(6) for the clcailsjng of latrines, earth-closets,

*

I-pits and ccss-pools, a~ldthe keeping of latrines

supplied wit11 suflicient water for Rushing ; . %

(7) (a) for the testing of water pipes and drains

ate premises, the recovery or the apportionment
cost of such testing, and the breaking up of
ground or of buildings for the purpose of such testing ;
(b) for the licensing of plumbers and fitters, -.
and for the com~ulsoryemployment of l~censedplnm-
bers and fitters ;
(8) (a) for the laying out of streets, and for deter- I

mining the inforunatiou and plans to be submitted with

applications for permission to lay out streets ; and for
regulating the level and width of public streets and the
height of buildings abbtting thereon ;
'[(b)] for the protection of avenues, trees, grass .,. :-. I

and other appurtenances of public streets and other

t

.% L%
4q'5

places ; : g .$* 8
". .'&
of road-sides - $F
--
%[(c) for regulating the leasing
and street-margins vested ill ~ i corporation.]
~ e .$4
' rl
$'.
*4-*

(9) for the ,regulation of the use of parks, gardens -1 ,

and other public or rl~unicipalplaces 3[but not includ- i
--
A

$ t s

&-+ Sg
5 r,*W
I-*&
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i
.'F$
 LatestLaws.com
, .

368 Maclrus City Municipal [I91

Corporation
(c) fix tllc licensing of bllilders and surveyors
and for the compulsory em ploynlcnt of licensed bujl-
ders and S ~ I I - V C Y F ?;~ S
(1 1) for the regulation I(and licensiilg) of hotels,
I
I
lodging housas, boarding houses, choultries, rest-
houses, emigration depots, restaurants, eating houws,
cafes, refreshment rooms, coffe houses, and any pre-
mises to which the public are admitted for repose or
for the consumptioll of any food or drink l[or any
place where ally rood or drink is exposed for sale];
(12) for regulating the mode of constructing sta-
bles, cattle-sheds and cowhouscs and connecting them .
with n~unicipaldi-ains ;
"[( 12-A) tile control and supervision of public
h i -
and private cart-stands, for the 1-egulationof their use
allti for the levy of fees therein :]

( I3) for t i sa;~it:i~y

~ conti-01 and supervision of
3[factories :md] places used for any of the purposes
specified in Schedule 7 1 and of any trade or manufac-
ture carried O!I therein ;

(14) (a) for the control and supervision of slaugh-

ter-houses and of places used for skinning and cutting
up carcasses :

(b) for the control an

methods of slaughtering :
(c) for the control and s
carrying or business in the ci
house witl-.out the city pr
the corpora.tion T
- -
These words were inserted by sectio
City Municipal ('Amendment) Act, 1936
a This clause was inserted by section 174 (v), $id.
9 These words were inserted by section 174 (vi) ,

"P - .- . *".
.--* --- - -..... . .
 LatestLaws.com

,
(17) for requiring notice to be given whenever any
milch-animal is affected with any contagious disease
and prescribing the precautions to be taken in order to
protect milch-cattle and milk against .infecdon and
contamination ;
(18) (a) for the inspection of public and pri-
vate markets and shops and other plGes therein ;
(b) for the regulation of their use and the control
of their sanitary condition ; 2[and 1
2[(~) for licensing and controlling brokers. - L L
M

mssion agents and weighmen and measurers practii;-

ing their calling in markets ;]
(19) for prescribing the method of snleof articles
whethkr by measure, weight, tale or piece ;
(20) for prcscrihitvg and providing standard
weights, scxlos a~tdmeasures 2nd preventing the use of
any others ;
I

(21) for the prevention of the sale or exposure for

sale of unwholesome meat, fish or provisions and secu-
ring the efficient inspection and sanitary regulation of I (

shops in which articles intended for human food are ,dip

3 .'
kept or sold ; .*-.--
,
r>'.t
t'h
1 These words were inserted by section 174 (vii) of the Madras
City Municipal (Amendment) Act, 1936 (Madres Act X of

rd and qub-clause (c) were inserted by sectim 174 tviii),

 LatestLaws.com . 4 ' r, 5,. ,.q %s , ,r$>%$$w
*.,+$@-!
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0 Mnduos City 1 [I919 :T.N. ' ~ c 1V
t

grounds and other places for the disposal of co

(b) for the levy of fees for the use of such
and burning grounds, and crematoria as are
tained by the corporation ;
(c) for the verification of deaths and the cau
of death;
((I) for the period for which corpces
kept for inspection ;
(e) for thc pcsiod within \~hicl.tcorpses must
conveyed to a hltri:~!or burning ground, and t
mo:!e of conveycmce of corpses through public places;
(23) for t!~e registration of births, deaths and
marriages ;
'[(24) for tho tl-aining and licensing of dhais and
inidwives ;]
(25) for thc prevention of dailgero~~s
diseases of
men on. anirn:?,ls;
I
(26) for the enforcement of compulsory vaccina-
tion 2[or revaccination];
(27) for the prevention of outbreaks of fire ;
(28) for the prohibition and regulation of adver-
tisemenhs 3[ ..
(29) in general ibr securing cleanliness, safety and
order and the good gov~rnmcntand well being of the
city a-4 for carrying out all the purposes of this Act,
- -- - --
1 T11i.i clauce was sttb~titutecifor original clause (24) by section
(ix) of tl?; Prl*tdnl.;City Mu!licipal (Amendment) Act, 1936 (Mad
Act X oi' 1936).
f These words were inrerted by section 174 (x) , ibid.

a The wards "in nl~blicstrects or parks" were omitted by

174 (xi), ibid.
..
"r-. --. -- - -- - - - -- - - - --
r.
L
+'*r< ,. & '
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.
-...--A, . -- ..

MLzd~m
City ,ii:uicipal 371
Carport, t ;ail

350. By-laws with regard to the drait~ageof, and powerto give

upply of water to, buildings afid w:~tc!r- closets, retrospective
lo cer-
rth-closets, privies, ash-pits and ces-pools in connex- tain by-laws.
ith b uildi i~gsand the keeping of water-closets
led with suffcjcrlt Y V L ~ ~LPULL Sushing may be !nacie
o affect buildings erected before the passing of C

the by-laws or of t h i s Act.

351. 111 makjng any by-law under sections 349 and pen ilty for
oy-laws. of
350 the council may I[subject to the provisions of breachei
clause (1) of article 20 of the Constitt~tionj, provide
that a breach thereof shall be punishable-

I* *
(a) with fine which may extend to Bfty rupees,
:
and jn case of a continuing breach with fine which
extend to fifteen rupees for every day during which the
. breach . continues after convjction for the first
breach, or
(b) with fine which may extend to ten rupees for
every day durin which the breach conrinues after
. such breach.
f
receipt of notice rom the commissioner to discontinue

352. 2[(1)] NO by-1x8 made by the coun,:il under coaii:mation

this Act shall have any validity unless and. until it js of l~y-lawSby
Sta.te Govern-
sanctioned by the 3[State Government]. ment-
2[(2) The State Government may, ah any time, by
. repeal wholly or in part or modify, any
by-law :
1 These words and figares were insertea by the Adaptation
(Amendment) Order of 1950.
2 Swtion 352 was renumbered as sub-section (1) of that section and
after sub-section (1) as so renumbered subsections (2) and (3) werg
added by section 30 of the Madras City Municipal Corpo-
ration and Tamil Nadu District Municipalities (Amendment and
Extension of term of omce) Act, 1971 (Tamil Nadu Act 22 orb 1971).
s ~h~ words " Provincial Government '' were s~l~sti:utr~l for the
words 6 L Local Governmerit " by the Adaptation Order of 1937 and
the word " State " was substituted for " hovincial 9 9 by the Adaptam
pion Qrder of 1950.
125-13-24~
 LatestLaws.com
LatestLaws.com

372 Vrlndros City Municipal

Provided rhat before taking any act

sub-section, tho State Government shall
to ttic coun
do so, fix a
cause against the. propo
tions and objections, jf any.

(39 The repeal or modification of an

shall take egect from the date of the order
not affect anything done, omitted t o be don
fered before such date. ]

553. The power to makc !,

subject to the conditioi~s-
(a) that a '[draft of the proposed by-
published in the '[Official Gazette] and in t
newspapers ;
(b) that the draft shall
with until after the expir
from the publication thereof
or of such longer period as the counc
appoint ;

(c) that for at least

a printed copy of the draft sha
ofice for pub!ic inspection
to peruee the same at an
charge : and
( d ) that printed copies of the draft shall
to any person reqiliring them, on payment
price, as thc coi~missionesmay fix.
---- C---.--

1 These worcs were substituted

iafi'' by,. section
Act, 193ti ( MI? f
s Tiless words .sicre sabstitutcd for- !hc words (6

Gazette fl by the &i:lpt;ttion Order of 1937.

s Thee word's were inserted by
~&cip;il (hi~211dlizdi.t) - k t , !g,!

..
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'[353-Aa (1) If, in respect of any of the matters of

ecified in section 349, the couucil has failed to make state
y by-laws or if the by-laws made by it are not, in the Government
opinion of the '(State Government) zdequate, the to make
rules in lieu
'(State Government) may make rules providing tbr of by-laws.
such matter to such extent as they may toink fit.

(2) Rules made under this section, may add to,

alter, or cancel any by-laws made by the council.
. .

f (3) If any provision of a by-law ma.de by the coun-

k,
b

2, . ' ,.... cil is repugnant to any provision of a rule made under

.

, . this section, therule shall prevail and thc bay-lawshall,

.

E', , . , . ~ .
'

. b the extent of the repugnancy, be void.

-*
,

at:

#.
\
$.
(4) The provisions of sections 350, 351 and 353, of
. the second sentencei;of sub-section (1) of s:ction 354,
and of section 356 shall apply to the ruies made under
'
this section as they apply to the by-laws mide under
section 349, with the substitution of the WOI-ds,'.'[State
. Government]" for the word ' council ' in section 351

Before making ally rules under this section, the

Government) shall give the couucil an oppor-
ty of showing cause against the making thereof.],

--.
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374 Nolras City Mzlnicipal [I919 :T.N. A

Corporation
iol of Rules, By-2cc~)sand
Plrbli~~cct

pub1i ~ aion
t 354. '[(I) When ally rule or by-law has been m
or rules.
Of
under this Act, such rule or by-law shall be pub];
in the "(Official Gazctte) in Ei~glishand 3[in Tamil
I A by-law shal! come into operation three months afte
it has been publisl~edas aforesaid.]
(2) The commissioner shall cause all rules and by
laws in force to bc printed in the said languages, a
shall cause printed copies thereof to be sold to a
applicant on payment of a fixed price.
(3) The commissioner shall from time to time
advertiee in the i i ~newspapers
~ l that copies of rules an
by-lnws are for sale and specify the place where
the peibon from whom and the price at which
are obtainable.
(4) The comn~issionershal l publish lists of offen
ces a'nd fines under this Act and the rules and by-law
made under . . :t: and shall cause printed copies thereo
. - -,
t 3 - 2 . 5 ...- .. --.--,.-:&.. ... -
* e hP ~..~l'T"n"C
W . .
-
. . L aL7 ~ b i t ~ f a F + x d
- a -

LTd-

356. (1) Printed copies of by-'lawsunder sectio

clauses (8) (b), (c), (d) a i d (9) sh:d1 be affixed
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Printed copies of other by-laws kn.d of the rules

ulations shall be hung up in some conspicuous
of the municipal office. The commissioner shall

(3) No mul~icipaloficer or servar1.1 shd! prevent

any persoir ;:om inspecting at any re:~ionilble time
copies so exhibited.
(4) No person shall, without lav!f~rl authority,
d-stroy: pull down, injure, or deface any caples exhibited
as above or ally boa1 d t o which the copies have bcen
affixed.

f- 357. (1) Whoever-

1: (a) contravenes any provisio~l ~f any u; the penalties
regarding
specified in
sections or :ulcs of this Act specified i n 1 116: B rct column the
of Schedule VIl ; of
(b) contravel~esany rulc or usdei ma:;: under
any of the said sections or rules ; or
(c) fails to comply with any dirrcti0.1 l w f d t y
eivell to hiin or any reql.~isitia!~
" lawfully made npon
# .

hiln under oi- in nursvance of the ppros;::rnns of any

of sawidsectioils, or rules ;
on ~oilvictionbe puilished with fine which n u y
extefici t.0 i,he ainount msn.tioned in that behalf
in the thiisd column of the said schedule.
Cl (2) Who.:vcr alter having been con ul;:ted of---
( a ) ca~~travenillgany provision of any of the
&ectionsor rules of this Act specified in tbe irst column
of Schedule VIIT ; or
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sections, or rules,

may extelld to the amount rnelltioned jn that b

io the rhir- colulnn cqf the said schedule.

sections, sub-sl criont;, clauses or rules l~leiltio~ed

i
first column or e\'eil as abstracts cC thosc; sections,
sections, clu~jcjcs or rules, but are inserted inem
refirenz~s to the subject of the sections,

tw3 hundred ru yces for every such of'lence.

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LatestLaws.com

be entitled to hold such ofiice ijr to exercise

ction, he shall on convictioil b ~ puiiisl~ed
:
not exceediilg on^ thousand rupees for every

or Deputy Mayor fails to hand P!nalt:rfor

farlure to
umentl: of, or any money or other hmd
ted in, or belonging to, thc coryo~.siion,documents,
or have come into his posres:iuii ol or by Mayor
Deputy
dc.,
1 to his su~cessorin ofice or other presa ibed M2yor,
very csrse as soon as his teim 61office as ..- tE..
. L . ~ ~

or Deputy Mayor expires and in the case of .: a$p -$.

eputy Mayor also on demand by the

such Mayor or Deputy Mayor shall, on
e punished with fine n ~exceeding
t one
ees for every such offence.]
ssloner or any municipal officer Pena!ty.for
municipal by
owingly acquires, directly or indirectly, acquisition
self or by a partner or employee or servant, officer of
are or interest in any contract or ernploy- interest in
h, by, or on behalf of the corporation, he contract or>.
eemed to have committed the off~ncepunisha-
ion 168 of the lild~anP e ~ a lCode :
person shall, by reason of being a
are-holder in, or member of, any company, be
Id to be interested in any contract between such
y and the corporation unless he is a director
> *J
/' Gn
.*
. (1) Every owner (41. person in charge of any Penalty for ,
i
!ar
z,:

d e or animal liable t 9 tax under section 116 who omission

take out
to
.*:;

obtain, within 15 days of the service of' a bill licence for

,a licence under section 121 shall, cn conviction, vehicle or
not exceeding fifty rupees and
ount of the tax payable by him
vehicle or' alimal.
of such fine anct tax and of
e awarded, such owner or person
nce for the vehicle or animal in
as been fined and ibr the period
been found to be in default.

*: -
' 5
V $
- <
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LatestLaws.com

37s Madras City Municf'd [I919 :TON

Corporation

PCn alty for

wil fully
preventing
dlstraint.

362. If the construciion or re-construction of

building or well--

mission was based, or

(c) is carried on or completed in contr

if any akerations or additions required

notice issued under section 244 or section 255
duly made, or

the owner of the building or well or the said

as the case may be, shall be liable on convicti
fine which m-:y extend in the cac:e of a well or

.. . -. -*-.

...
F

. .
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#& i-&,y&e---&c-- ..-.- ->

-- I). .-
*-
f
!i:+ -
c - 1919:T.N. Act IV] illadras City Dlulzicipal 3 79
x
CorL70ration
363. (1) Jn the absence o f a written bmtract to the Notice to
\ contrary, every scaveilger elnployed by the corpo- scavengersbefore
ration shall be entitled to one month's notice &forr: discharge.
discharge or to one month's wages in lieu tll~reof,
unless he is discharged for misconduct or was engaged
for a specified term and discharged at the end of it.
(2) Should any scavenger employc~lby tf'c csl pc- Penalty for
ration, in the absei~ceof a written coi~trxcl:authorizing withdrawal
scavengers
of
him so to do, and without reasonable cause, resign without notice.
his emp1oyme:lt or absent himself fi-om. his daties
without giving one month's notice to the corporation,
or neglect or refuse to perform his duties: 01- any of them,
he shall be liable on conviction to a fine .zot cxceedi~~g I

fifty rupees .or to imprisonment of cii.!ler deh,cription

which may extend to two months.
(3) The '[Stare Government] by notification ~ppliC2tioD
direct that on and from a date to be seecifiecl in the of sub-sections
notification, the provisions of sub-sections ( I ) a i d (2) z&(r2)
with respect to scavengers shall apply also to any other municipd
specified class of municipal servants w h o sc functions servants-
concern the public health o: safety.

[3&4-A.Tf any person who is required by i he pro- Penalty for

isions of this Act or by any notice 01. othel. procee not giving
ings issued ullder this Act to Eurn.ishany infonnatjon--- information
(a) omits to furnish it, or
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4) Subject to the special 2[provisicnsin Chapters

and XI1 regarding buildings, cheds, and hutting
and private markets] and subject to such. san-

(5) It shall be the duty of the commissioner to

inspect places in respect of which a licence or per-
mission is required by or under this Act, and ]-- may
enter any such place between sunrise and sunset,
and also- between- sunset and sunrise if it is ope11 to
tile public or any industry is being carried on in it
at the time ; and if he has reason to believe that any-
thing is being done in any place without a licence or
permissiot~,where the same is required by or under this
Act, or otherwise than in conformity r:ith the same,
he may at any time by day or night :vithout notice
enter such place for the purpose of satisfying him-
self whether any provisiol~ of' law, ri;les, by-laws,
regulations, any condition of a licence or permission
-
1 These: words were substituted for the wards 6'ordcr of the corn-
'ssionerrefusing to grant alicence or perrnissior~"by section 180(ii)
he Madras City Municipal (Amendment) Act, 1936 (Madras
of 1936).
i3 3x2cessioi. w x suhsi:tuted for the wolds and figures
sjons regarding building in Chapter X and private
ets in Chapter XI1 " by section 180 (iii), ihid,.
words 6 c and to such appeal as may be 1x0 irided in case
1 * were omitted by ibid
,
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LatestLaws.com

or any lawful direction l[or prohibitio

contravened and no ciaim shall lie against
for any damage or inconvenience 2[neces
by the exercise of powers under this s
(he commissioner or any person to who
fdly delegated his powers or by the us
necessary for effectirlg an entrance u
section,
( 6 ) When any licence or permission is suspended
or revoked, or whe.1 the period for which it was g~ante
or within which application for renewal should '
mads has expired, whichever expires la
tee shall for all pur-poses of this Act, or
law made urldcr it be deemed to bc w
or pcrmission until the 3[ . . .] 01.
or revoking the licence or pei*missid
4[. . . . ] or subject to sub-sectior (lo), until
licence or permission is renewed, as the case may be.
(7) Every graclree of' any licence or pernlission
sha!l, at all rtlass!-iable times while such licence or
perrnissivn remail is in fo~~cc, produce the same at the
request of t hc cortr:nissioner.
(8) Wl~cuelei any person is co~lvicted of an
offence in respect of the failure to obtain a licence or
perinission j[or ro make a registration] required by
the provisions of this Act, or by any rule or by-law
lnade under this Act, the magistrate shall in addition to
any fine which :nay be iinposed recover sun~marily
and pay over to the corporatior1 the amount of the
fee chargeable fbr the licence or permission or for
- -- -- -
e d sect;on 18O(iv) of the Mad
1 These words v~eri:~ n h ~ r t by
c i t y Municipal (Amzitdrrlent) Act, 1936 (Madras A c t X of 1936
This word wts inserted by ibicl'.
" TI~c wal.3 '2 t'i~;~".ictiePs" was onlit tcd by section 180 (v
q I

ibid.
- T]le l . ~ o ~ - d $0: 1;Im
g < .
wcre onlit ted by ibid.
- T h L w(rrc1~
~ ~ wcr i:bqtit~tedfor the words " or re8isl.r
l l y c;ecrio I \ SO (vi). i!t:-

Y -
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.N. Act IV] J$adras City M'tmicipnl 383

Corporation
egistration '[and may in his discretion also recover
um~narilyand pay over to the council sucil amount,
if any, as he may fix as the costs of the prosecutioo.]
(9) Such recovery of the fee under sub-section (8)
shall not '[by itself! entitle the perscn col-~victedto a
licence or permission or to registration as aforesaid.
3[(9-A) Save as otherwise expressly provided in.
I or may be prescribed u~~del-
this Act, every application
for a licence or permission or for registration or the
I
renewal of a licence or permission or registration, shall
be made not less than forty-five and not more than
ninety days beforc the commencement of the year or
of such less period as is mentioned in the application
'[and shall be accompanied by the Fee referred to in
clause (0)or the sum referred to in clause (b) of sub-
' section(2).]!
(10) The acceptance by the corporation of the
ayment of the fee 6[referred to in clause (a) or the
referred to in clause (b) of sub-section (2)] for a
ence or permission or for registration shall not
entitle the person making s~1c11prepayme ~t to the
licence or permission or to registration, as file, case may
be, "but only to refund of an amount iiot exceeding
one-half of the fee or sum aforesaid as inay be decidcd
- --- ..-

II * 1 These words were inserted by section 180 (vi) of the Madras

. City Municipal (Amendment) Act,1936 (Pdadrss,Act X ok 1936).
2 Thosc words werc inscrtcd b y scctior~180 (vii , ~ D M .

8 This sub-section was insertcd by scction 7 of' the Madras City '

Municipal (Second Amendnmt) Act, 1941 (Madras P,ct VII of 1941),

re-enacted permanently by section 2 of, and the First Schedule to,
the Tamil Nadu Reenacting and Repealing (No. I) Act, 1948 (Tamil
Nadu Act VII of 1948).
4 These words, brackets, letters and figuic were added by secticn
87 (ii) of the Madras City Municipal (Amendment) Act, 1961 (Tamil
Nadu Act 6G of 1961).

I G These words, brackets, 1ettct-s m d figure werc inscrtcd by section

87 (iii) (a), ibid.

I 6 T hese words were substituted for the words but only to

refund of the fee " by section 87 (iii), ibicl.
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LatestLaws.com

Corporation

by the council ] i l l cas:: of reksal of the licence o

missio.- 01-of rcg,ist~*a:ion;hilt
r -.,ewal of' a licence or permissicirl or registration
-

entitled to act as if the 1icen.c~ or permission or regist

tion had been relle7,ved; and, savc as othmise specia
provided in this Act, if orders on an application
a licel~cc or pui.rnission or fctr rcgislration are
'[received by thc a;,(-)IEc:,nt w itl\i n sixtv days after
receipt of th- apjrlication] by tile commis
the applicntion shall be deemed to have been al
for tllc year or for such less period as is
in the application and subject to the law,
laws, regulations and all candi lions ordinarily

-
" ";$$$
366. (1) An appeal shall lie to the 2[standing , t:-J&:+
A-ei 3z#--pw

committed froin-
(a) an:. notice issued or other action
or proposed to be taken by the commissioner---
(i)under "section] 4[129-E], 178, 18
188, 190, 244, 256 (31, 258 (I), 259 (1) ,264 (1
266, 273,282; 28 3,284,285. '[or] 289 ;
1 This expression was substituted for the e

2 The words '' licence appeals cornmittee " were substitutd for-$!,

stituted for the words " licence appeals cornrrittee " by secthn 31 (1) :a;>t%
and 31 (2) of the Madras City Muriicipal C(
Nadu District Municipalities (Amendment and Extension
of office) Act, 1971 (Tamil Nadu Act 22 o :1 471).
Tjle words " s,:;li:,rr'' and "o;-"wrc respectively s
words '' sectiori 5 alld " a]nd " by r;ec?,ioli3 of, and the See
I he '9

g&edtlle to, the Tamil Nadu R.epeaiing and Alnel~dingAct, 1

( Trmr 1 Wadu Ac; >c;)CXVlof 1955).

This expression was i flserted by scctioil 181 (i) (a)of th

,ciw Municipal ( .knendincnt) iiu, 4 yj.,,;l ,:,Z'adr.-.; Act X of

' , ..- .
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. - - - -
--------
'
-- A

VJ MurJrasCitydL;tricbcr! 355
C~~poi..criion
(ii) under ally bj - law conccu~~inghouse-
C G I I ~ : :;icj~
~ of I:~fisc-&$;~: ciith
- ~ ~ ~muni-
01' ~ I O L ~ S Ci - ~ O ~sP ~wit;:
or lig!iiii-g i ~ ~ a i n s ;
(6) any icfils2l by !'Y sorn~Tlissici,ato n;iprrjve
a buildlng site 111;0'31. sic! 237, to zl ;:l~i ~ ~ ~ i ~ s ~ o ~
to constrlict or !.<?coITs!~.?~c~
2 b?lijdillg ~ l r d c l rcstion

(c) any i.:C~;,.il by i::c commissio~-rto grant

a permission ~ i : ~ d e' [r E T c ~ ~ ~2[1P23-3
] 1, 1 3 1 262, or
3[288 ( 3 ) ; 4[ ]
(d) any refusal by tile commissioi~crto grant
a licence under '[szctioir:/ 282,287,
295,299 or 304 (2); 4 [ ]
, 1
3
" I

(e) any order of t ! commissioi~-r

~ made tinder
section 365, sub-s?ctioo (4). s~rspcndii~g0:-r.:~/okil~g
a licence;
(f) any other older ur the comil-iiasjo~lnthat
may be made appealable b;. r :!les under sectictr1347. 1-

-1X 4

'[(2) (a) If, e'r any . c . . ;lie :i(;inriing

comnittee reverses oi* subs::liliiall y i;lodi\jes a !?YJ. action
taken or ~ ~ O P O S C t.-
C ~ b.: . + 1 % ~t:-c
;
I ..
c s i ~ i i:s;.aner
,
- ----- - -- - ---------- - _ _ _ _ .-
1 The worcl " stc:;i?n " was i' a t , .<I fgi ti',. i-,,9i-d .L
,a,:.
:cci ioils "
. inclauses(c)and((/j:-":.;:iIt.?.ir ' ' j S ~ - { ; { % ! I ; ( : f , ~~~~1 !.;c,:o;lc; ;I{.

Schedule to, tho l'*:i.lii . . * il ; ,.;,I, 1 , .ilLj;tl-: ?, , , ;(J;:~

:$' % f T

(Tan~il N a d ~Act X.ib.,<JI o v ' j.

2 This expression :v:~s ir? ; .r? ? - - r ::ion 182 (i) f!,) of (Tic ~q ?4,.2-S
City Municipal (Amzlr ! n - n i :i.(;, : i i [ r (M3di-a~~ cxt of 1936,.- - I

JThese figiircs ni1.1 Sr:!i:k.:fs we-e substi(rtc,j fcr tile f211res

and brackets '' 258 (2) " i:y ill;>?.
4 The word " or " sv,~s o,niiizsi$1 s :ct;~n 3 (1) of, all& the S.?cond
edule to, the T:mlil N ~ d u;?::;:;ling and Amcnding Act, 1951
mil Nadu Act XI!' of 1961).
Tho figarcs a 200 " were omitted by section 181 (i) (c) of the
as City Municipal (Amendment) Act, 1936 (Madras Act X of

section 88 (iii) of
(Tamil Nadu Act
added by secticn
and Tamil NL.c;u
of term of o!Rce)
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4 ',,
", - 1.
I , '

J y... of the council on such refercrw, the co

.
%$$ shall not be b~1ni1c.lto give elikcr to the d
the stallding ~uiilmittce.
A .
r .
d

' .,

. t
\ under clause (.;), tho decisiw oi' 111e council shall b
final.]
Limitation '[367. 111 all) which iio time is laid
CISG iin
of 'iime! for in the foregoin: jxovisions c.C this Act for the pre
appeal,
tion of an ar~psllallowed thereunder, sucl~
shall, subject to the provisiai~.~ df section 5 of
*Indian ~inlit?lionAct, 1998, bo presci~ted- .
(a) where the appeal is against an order gra
a licence or pcnaiusioi, withill thirty days afterbe da6
of the publka~kno f the order 6n 6 e notice - b
of the corporation, and
V'I' a in stl-lrer ca
date of t l ~ crccel;>t ofthe oril cr t r f* $roc&ding ag
i is made.]-
.which the ;ipys:.- :X
"

ve*
"[I301 iu S Z ~ ~ ~ U I I O ~ . - ~

2[367aA.Ali yeisons autl~orizedby rule to c~ndwt..- . dpa+

-
:3::,$:$d, . -
+
;, ,
,.,A
enquiries rela~ing'to elections and all inspecting rir ~ ! f
superintending officers holdinc any inauirv . il
, ,

':
matters falling udthir: thc scope of gleir
have fop. the purposes of stici~ enquirie .
r d the issue of s&monses forl+h*+Pf
--T--

powers in ~ e ~ x to *

attendai~cc of witnzsses and the prcd,, ,%

- - ,;-&+=.
2 , .p * *,j@
1 This section was substituted for original section 367 by s@---~*
182 of Madras Aci X of 1935. ,
,*4*t
. . *-,*: f @
I-

4F, 1 ;a-
3
,<~f
Tbip hoading'and section were insertmi by r # c ( i ~ ~
r t

??ra*@
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o~versconferred -tjt
il

Itf

68. The comrzissioner may summon any person Summw

attend
attend before him, and to give evidence or produce to
and giw
may be, in respect of any evidence
on, or inspection, or regis- or pi-odu~e
doc uments.
any licence, or permission

Procedure,
. .
, s 369. All notices and permissions givea, issued, or Porpl of
, granted, as the case may be, u~lderthe provisions ofnotYces *d
permissions.
. t h i s Act mnst be in writing.

370. Wheneve1 under this Act or ariy rule, by-law pm,f

,
or regulation made under it the doing or the omitthg ons seat of
$
,

to do anything or the validity of anything 'dePbnds

upon the approval, sanction, consent, concurrence, Br muniojpd
=fa&
declaration, opinion or satisfaction of-- officer.
(a) the ccoul~cil,'[a standing cornnittee], or the
commissioner, or
- -
lnese words were substituted for the word " Madras " by the
Tamil Nadu Adaptation ~f Laws Order, 1969, as arnecded by the Tamil
Nadu Adaptation of Laws (Second At~endmen't)Order, 1969, which
m e into force on the 14th January 1969.
68, viz, Co~nmis.c~ioner'spower to
ection IS3 of the Madras City ?dunidpal
adras Act X of 1936)
constituted under this Act " w e e
ding committee " by sect ion 101 gf,
City Municipal (Arnendnaent) Act,
f 1961); and the words " a standing
tituted for the wor& " a committed
section 34 of, and Sclledulc L to, the
ation and Tamil Nadrr District w&.
tension of tern of offiw) Act, 1973,

? * a
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LatestLaws.com

(2) Nothing in sub-s~tioi~ (I) shall be de

apply to a c3eque drawn upon the municipal fun
0r to 2[any cI.:ed of contract].
I

I
3[371-A. Save as otherwise pr~~vided, eve
I
cation t?nder this Act shail bc published in the
I
Gazette], in SIEuglish T~*nil.:l]
I
I
i

- --.---I..--

--.--
This word was inserted by section 184 (i) of the Mad
1
City Municipal (Am::i~dinent) Act, 1936 (Madras Act X of 193L).

I
This section war inserted by section 185, ibid.
8

4 These words were substituted for tha words '' Fort St.
Gazette "by the Ad: tat i ~ Order
n of 1937.

~ I
I
I
6 These words w-m inbstituted R r the w ~ r d s ' Endish,
Telugu and Hiodusiani " by section 89 of the Madras City M
(Amendment) Act, i961 (Tamil Nldu Act 56 of 1961).

(. - ---- -- .
 LatestLaws.com

.,

T.N. Act I V ] Madras City Municipal 389

Corporation
or the standing committee], as the case z a y be, be
trandated into Tamil, L * * * * 1 llllddepo-
sited in the office of the corpoxation aild copies thereof
in English and [in Tamil] shall bc posted in a
conspicuous position . k t such office add at such other
places as the council '[or the standing committed,
as the case may be, may direct; and a public procla-
mation shall be made by beat ofdmni in the locality
affected or by advertisement in the local newspapers
that such copies have been so posted and that the
+ originals are open to inspection at the oBce of the
corporation.]
I

373. Whenever it is provided by this Act or by any publidndoa.

newsm
rule, by-law or regulation made under it that notice in
- shall be given by advertisement in the local newspapers,
- -
papars,

or that a notification or any information. shall be

published in the saine, such notice, notifica'ion or
information, shall be inserted in at least one Znglish
and one 4mil ]
newspaper published in the city.

f The words 'C or the committee constituted ulider this Act"

were substituted for the: words " or the standing committee )' and
8. or stmding committee " by !;ection 101 of, and Schedule I to, the
Madras City Municipal (Amendment) Act, 1961 (Tamil Nadu Act
66 of 1961); and the words " or the standing committee ':were again
substituted for the words ('or the cornnittee constituted under this
M by section 34 of, and Scl~eduleI to, the Madras City Municipal
Corporation and Tamil Nadu District Municipalities (A mendment
and Extension of term of office) Act, 1971 (Tamil Nadu Act 22 of
1971).

*
The words " Telugu a d Hindustani " wenc omittcl by section
90 (i) of the Madras City Mwicipal (Amendment) Act, 1?.;1 (Tamil
Nadu Act 86 of 1961).

a Theso words were s~bs6tutedfor the words " in the said

vernaculars " by section 90 (ii), ibid.

I
as substituted for the word '' ~emacr;i;ar~
I
I
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LatestLaws.com

390 M a h s City Municipal 11919:

Corporation

Notice of l[373-A. Whcnever the council, "a standing committee]:

. prohibition or the commissioner shall have set apart. any place-,
or setting for any purpose authorized by this Act or shall .have
apart of ,

plaoes. protilY::ed th.: doing of anything in any place, the

commissioner snatl forthwith cause to be: ~ u ad t
a notice in English and in Tamil. 3[ * * *
at or near such place. Such notice sllall spec
the purpose
- - for which such nlace has been set a D i
L

the act proh;hited in such place.]

-

of Notices, etc.
Service or Se~zdi~zg
Method of
fii
,, . . d~cumats.
or order made under it to be served on or se
person the service or sending thereof
effected-
(a) by giving or tendering the said doc
such person; or

agent, clerk or servant or some adult m

his family; or

Municipal (Amendment) Act, 19

.*, . _.
> .
I

<. , ,
.
were ~ubstitutedfur the v
" by W o a 188 (i) of the
- -- & X
1936 CCMadras
,I
 LatestLaws.com

'

>
1919 :T.N Act ZV] Ilfnilms City Munk !pol 391
8"
t C~rpc/atioi:
i.

t
I*. .,"
2 .

(d) if' none of the means aforesaid be available,

.b
y affixing the same in some co~~spicnous part of scch
C * dace of abode or business.

,, a . (2) When the person is an owner or occupier of

, any building or 1ar.d it shall not be necessary to name
the owiler or occupier in the document, and in the
case of joint owners and occupiers it sllall be sufficient
to sene it on, or send it to, one of such owners or
occupiers.
'[(3) Whenever in any bill, notice, ibrn~x~
or other
decument served or scnt ~mnderthis Act, a period is
fxed within which any tax or other sum is to be paid
or any work executed or anything provided, s:~chperiod
shall, in the absl>nceof i n express prnciisicn 'to the
aontrary in this Act, be c~lculatedfrom the date of
such service or s~ndingby post registered,!
 LatestLaws.com

expellssv incui reti in tI.3 i : . . f:tr i ici11 the1 eof, and m

deduct the ai~-t.s,:i:.it E:, 3. ;:;~rfr
tirere.....'
'* .:kc; rent then or t\ere-
after d i ~ eby him to the ucl;cr.

rule, b, 'sw rc~o!-.tiouor 0r(!3r made under it, 0

9 c

IC is neccssarp fo; any af t;-c :,u?:poscs of this

in pursuance of rxiy of tlie mid provisions, to mak
or excc~iie:
P~uvidecit?,at-----
(a) ex~ep-twlie~i it i i ~ii;is Act other
,

expressly provided,, no suci 1 ei itry

between sunset :m:i sunrise;
\-.-

is word was .inserted

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LatestLaws.com

(c) sufficient notice shall be in every case

given even when any premises may otl~erwisebe entered
without notice, to enable the inmates of any apart-
. ment appropriated to females to ~vithdrswto some
a ,
- part of the premises where their privacy may be
preserved ;
(d) due regard shall be paid, so far as may be
compatible with the exigencies of the pmpose of the
. entry, to the social and religious usages of the occupants
of the premises.
379. (1) The commissioner 2[or any person authori- pewer of
zed by him ir&this behalf] may with or without zcliistants lands
entry
or workmen enter on any land adjoining or within a v:lcent to
fifty yards of any w o ~ kall thorized by tliis Act ) - * by works.
Pny rule, by-law, r~gu1;rtionor order mad.: under it, for
the purpose of depositing on such land avy soil, grnvel,
stone, or other inaterials, or of obtaining access to such
work, or for any other purpose coniiected with the
carrying on thereof.
(2) The commissioner '[or such autho~ized person]
shall, before entering on any land under sub-section (I),
give the owner and occupier three days' previous nctice
of the intention to make such entry, avd state the
purpose thereof, and shall if so required by the owner
or occupier, fence off so much of the land as may be
required for such purpose.

1 These words were substituted for the words '' no p~tblicbrlildiug

or hut" by section 192 (iii) of the Madrm City Mullicipal
(Amendment) Act, 1936 (Madras Act X of 1936).
-
a These words wers inserted by section 193 (i), ibld
8 Thm words were iuserted by section 193 (ii), ihid
 LatestLaws.com
LatestLaws.com

rary or permanent damage that may result there

(4) If such owner or occupier is clissatisfie
the amount of compensation paid to him
commissioner, he may appeal- to the 8 [ ~
committee], whose decision sllall be final.
d[Power to enforce licensing pro ,isions.

such licence or pcrr~issionor registration or in a ma

inconsistent with the terms of any susk licenc
permission the11-
(a) the colmmissioner n.i:ry by notice requi
person so doing such act to alter, r{;move or as
practicable restarc to i t s origii!:~lsiate the whole or
-.-. _ ____.
-. ..-.
" _....-.__.- -._ __ __CX._^I--

4 This beadl~gapad ~zctioawcr: irrscrtcd by sectien 194 o f t

Madras City M u ~icipal
t (Amendraent) Act, 1936 (Ma&= Act
af 1936),

Madras City Municipal

cipalities (Amendment
C T d l Nadu Act 22
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LatestLaws.com

1919: T.N. Act IY] Madras City d.Iu?~icipal 395

Corporation
%

. a
part of any property, movable or imrnova.ble, public
1

,*
'

%
o r private, affected thereby within a time to be specified
: in the notice ;
(6) the commissioner or a n y officer duly
authorized by him may also enter i n t ~or on any
building or land where such act is done and take all
such steps as inay tte necessary to p r e v e ~ ~
the
t continu-
aace of such act ; a.tad

(c) if no penalty hiis been specia1:y pro-~idedin

this Act for so doing such act, the person so doing it
shall be liable on conviction before a magistrate to a
ne not exceeding fifty rupees for every s ~ c hoffence.

(2) No claim shall lie against the commissioner or

ny other person for any damage or inconvenience
aused by the exzrcise of the power given under this
ction or by the use of the force necessary for the
urpasa of carrying eut the provisions of this seotion.]

Commissiener's power to execute in Jefault.

/

.. 380. (1) Whenever by any notice, reqi isition, or q8imfor

\ .'
.
erder under this Act or under any rule, by-law orsqnplying
wth order
. regulation made under it, any person is required to ,d power
-
. execute any work, or to take any measures or d o t o
. Y(
anything, 'a reasonable time shall be named in such in default.
- + notice, requisition o; order within which the work shall
.a

be executed, the mea,sures taken, or the thing done.

I > %

(2) If such notice, requisitior or order is net

- ' celaplied with within the t i n e so named. then whether
'er r o t a fine is provided for such default and whether
or not the persen in default is liable t o punishment or
has beer, prosecuted or sentenced to any punishment
. far such default, the commissioner may cause such
'* ,
werk to be executed, or may take z,ny measures or do
anything which may, in his opinion, Le necessary for
-'
giving due effect to the not sition or order an
*:;&a:%
:afdiesafds
+ -a
.-. id

.,*',&,&q*;t ;A%*
**.
'&.,
<*
' *, 1'
' I
**, : ., I . ki.
 LatestLaws.com
LatestLaws.com

396
Corporation
'[(3) If no >malty has b-en special:^ provided
this Act for failure to comply with such notice, the s
person shall, on conviction, be punished with fine n
exceediilg fifty r ~Ipeesfor such offence.]

Rewvery of
381. 2[(1) The commissioner may recover any
reasonable expenses incurred under section 380 from
from persens the per sol^ or any one of the persons to whom the notice,
liable and requisition or ordsr was addressed in the same manner
limitation on
liability of as the propcrty tax 2nd may, in executing work or taking
oCcupior. n utilize any materials found
measures under s ~ c t i ~380,
on the property c;.ncer:?ed or nlny sell them and apply
the sale-proce-dc in or towards the payment of the
expenses incurred.

the commission:r may think proper, and any a

so paid shall be deducted from the amount p
by the owner.

City Municipal (heridmen

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LatestLaws.com

9.
-9l9$'T.N. Act IV] Madras-Cf:y-MunicipaZ
' 397 -
Corporation
$
rI
'[(4) The provisions of this section shall not affect
any contract made between any owner and occupier
respecting the payment of expenses of s r ~ ysuch work as
aforesaid.]

382. Instead of recovering any such exptases as Power of

aforesaid in the manner provided u n d ~ rsection 387, :3f$r0
the commissioner may, if he thinks fi; and v 7 7 : t h the to
approval of the '[rtanding oornmittee-1 t-a k e an agree- receive
ment from the person liable fer the paymel~tthereof, Payment
expenses of
in
to pay the same in instalmints of such amounts and at instalments.
such intervals as will fecure the payme!; t ~f ti12 whole
amount due, with inkiest therson at t L t r2t3 ~f nine
per centum per annum, within a pericd of not more
than five years.
I
1i 383. If the expenses to be secovcrzd have been power to I

I incurred or are to be incurred ir. resprnct of any work expenses

declare
I mentioned
on
certain work
to be im-
3[(a)in seotion 165, section 169, seci,ioll 177, provement
section 178, eection 179, section 136, clause (b) of expenses.
sub-section (1) of section 209, section 21 3, sub-sections
,(I) and (2) of section 264, section 269, section 273,
section 306, 3r section 388 ; or ]
(b) in any rulc made under this Act i:.7 w'rlic11 this
section is made applicable to such expel:se:,,
the cornn~~ssio~zer::lay, if lac t l ~ i n klit~ P I I ~ v i t l the
~
approval of the "[sanding comn ittee], decl::re such
I expenses to be improy!eincnt exponges.
I.
.-- --.----
Sub-section (6) w: .s renumbered as sub-secl-ion (4) by section
196 of the Madras City Municipal (Amendmsnt) Act, 193G (Madras
Act X of 1936).
* The words " cen '?a1 committee " were substituted for the
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LatestLaws.com

at such intervals, as will suffice to discharge

penses together with . interest therec~n, with
period not excezding twenty years cis the c
sioner may in each case determine.

I
I
Provided t h t when the occupier pays any
instalment he slrall be entitled to deduct the am
thereof from the x,ent payable by him to the omne
to recover the sa:ne from the owaer.

385. At any tiillc before the expiration of the pedo

penses are charged may redeem such charge by

ing to the coin~~~issioner
such part of the said exp
as are still payable.

(2) The burden of proving the facts entitling

person to relief irndar this section shall fie on hi

(3') When any person has claimed and establi

 LatestLaws.com
LatestLaws.com

l a
q ,'.
~ " 44:. x . ,' 8
o'&'"
>.%&\; *d

a m
8 4 l " <" 4

' +$%yy
:$.;a :-t corn$ to hie hands on behal
!T r the use of the pin- I .
'r" ..+, .
*.
IS z 5 V+Z?
~.
! dB2 , &;pal or beneficial owner, as the case may be; and f*!a
-',sh6~1dhe fail to comply with sucll notice he shall be * .tArd
,d
&$
":.ti&3;.
" JI- .deemed to be personally liable io discharge such
a .? . f.:.$:1
a

, ,oblig:ition.
: ~ ~ : @ & ~.,+,
,~~,
;* r v
. *.i
. -8.
A ; s +is

J'> ;
melt2 of compensation, etc., by and i o the
Corporation.
387. All costs, damages, penalties, comptnsa- Recovery of
ons, charges, fees, rents, expenses, contributions and t, ":
;%$I

ther sums which under this Act or any rule, by-law .".
r regulation made thereuqder or any othet law or "'*I
+:%

nder any contract including a contract in respect 3:

water-supply or tlrainpgc made in accordance with ':,$
i s Act, and the rules, by-laws and regulations 2[are t

*j
.,i.F+

ue by any person to the Corporation] shall, if

5
there is no special provision in this Act for their re- +

covery, be demanded by bill containing pal-ticulars of

the demand and notice of the lia4iljty ililcurred in de- ff

.' fault of paymetlx and may be recovered ;I- xlle manner

<
provided by rules 21 and 28 of i%: rules contained
in P a ~ tVI of Schedulc 1V unless wiiLil3 fifteen days
. from the date of service of the bill such person shall
have applied to the C11jef Judge of the Small Cause 3 .
,t.
Court under section 388.1 j .k
..,I
8[3$8. Where it1 any case 11ot provided for in section Determinag 1

tion by
395, any municipal nutllority or ally person is required smallcause
by or under this Act or any rule, by-law, regulation or Court of
contract made under it to pay any costs, damages, sums I* %

penalties, co~upensa~ion, charges, fee?, rellts, expenses,

. contributions, 01- other S U ~ I Sreferred to i?z scction 387
the amount or apportionnlellt of the s2n.e shall, in
case of dispute, be ascertained and determi1:ed except
------ ----
1 This section was substituted for original sectiori 387 by section
198 of the Madras City Municipal (Amendment) Act, 1936 (Madras
, ActXof1936).
These words were inserted by the Second Schedule to the
adias Repealing and Amending Act,1938 (Madras Act XI11 of
section was substituted for original section 388 by section
Madras City Municipal ( meat) Act, 1936 (Madras
 LatestLaws.com
LatestLaws.com

400 City .Municipcrl [I919 :

illad~+as
Co:poration
as is otllerwise Vprovided in section 171, 335,
4131 or in the Laid Acquisition Act, 1894, b
Chief Judge of tlze Small Cause Court . on
catipn made to him for this purpose at a!ly time
six months from the date when such costs, da
penalties, compensation, cha
contributions, or oiher

389. (1) On any appli

of section 388 the said chie
other party to cppc:tr before him.

(2) On the appearance of the parties or,

absence of any of them, on proof of due service
summons, the said chief judge may hear and dot
the case.
(3) In every such ca
determine the amount of t
which of the parties the same shall be paid.
a[390. If the sGm due on account of costs, da
penalties, compensation, c
contributions or cther su~nsascertained in the
described in section 389 is not paid by the par
within seven days aFte
recovered u11de.r a warra
by distress and sale of th
party I
3[390-A. No distrsint
be institated and 11.09rosecutj
in respect of a7y s ~ r mdue i x J ...
- .---

I Thes.: word:, a.?d figures were substituted for the w

figures '' providecl iri sections 1
of, and .the Secc1nc.l Scliedule t
Amending Act, 1965 (Tnrnil
a This section wa:; selbstitute
tion 200 of the Maciras City Muni
(Madras Act X of 1936).
Sction 390-A was inserted b

, . - ' ' - --

,. .
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LatestLaws.com

1919 :T.N. Act IV] Madras City Mu~~ic.ipal 401

Corporation
Act after the expiration of a period of three years
from the date on which distraint might first have been
inade, a suit might first have been instituted or prosecu-
tion might first have beet1 commenced, a\,the case may
be, in respect of such s urn .]

costs have been deducted from the sale-proceeds,

rovision~ regarding .Municipal Pr~~~acutions.

] "Save as otherwise expressly limi

this Act, no court shall take cognizance of for
"j against any of the provisions of this Act.

e figure and brackets " (1) " were omitted by section 203

as Act X of 1936).
 LatestLaws.com
LatestLaws.com

committee] or t h e con~missioner:]

Provided tkaS failure to take out a licence,

mtnt of the offence*

393. All offences against this Act, or against a

deemed t o be incapable of taking cognizance of

such offence or of any offe~~ceagainst any ma
hereby repealed, by reason only of his being lia
pay any municipal rate or other tax or of his.
.
benefited by the municipal fimd 4[ . , . . .I.

These words were substituted for the word, fig

cketsC6 sub-section (1) " by section 203 (iii) of the
Municipal (Amendment) Act, 1936 (Madras Act X of.
 LatestLaws.com
LatestLaws.com
- ----A - . - -- .
1919 : T*N.Act IVJ Madras City Municipal 403
Corporation
394. (1) In case any fine, costs, '[tax] or other sum of Imprison-
ment in
oney '[imposed, assessed or recovsrable] by a default of
magistrate under this Act Or under any rule, by-law or payment.
regulation made under it, shall not be paid, the magis- and appljca-
trate may order the offender to bc imprisoned in costs,ofetc.
default of payment subject to all $he restrl~,:-ns,
limitations and conditions imposed in scctiotls 64 to
70 (both inclusive) of the Indian Penal Code.
'[(2) Any fine, costs, tax or other sum imposed,
assessed or recoverable by a inagistrate uijder this Act,
or any rule, by-law or regulation made thereunder
shall be recoverable by such magistrate, as if it were a
fine imposed under the Code of Criminal Procedure,
of 1898*, and the same shal14[except in the case of a fine]
on recovery bc paid to the corpor2tion to be applied
for the purposes of this Act.]
395. If, on acco~u:t of any act or omission, any Payment of
qompensa-
person has been convicted of' an oirence against the tlonfar
provisions of this Act or against any rule, by-law or damage to
regulaticn made under it and by reason of s~tchact or municipal
property.
omission damage has bee11 caused to any property
of the corporation, the said person shall pay conl-
pensation for such damage, notwithstanding any
punishment to which he may have been sen iencod for
the said offence. In the event of dispute the amount
of compensation paj abli 5; :k: said person shall be
determined by the magistrate before w h ~ mhe was
Convicted of the said offence on application made to
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LatestLaws.com

('2) Every such suit shall be colnmeilced wit

rnoi~thsafter the date on which the cause o
arose or in case of a c o n t i n ~ ~ i ninjury
g or

. (3) If any person to whom any notic

under sub-section (1) tenders amends to the
before the suit is instituted, and if the plaintiff

as Fro111 the date of tender.

------
 LatestLaws.com

son who is charged with- I

(i) any offence against this Act. the rule,

wsor regulations ; legal advice.

(iji) committing any nuisance wllatsoevcr ?

i
q

(b) compound ally offence against :/)is ~ c t the,

rules, by-la\vs or regulations which rllay by rules 1nPde
' by the s[State Gove~nment], be d e c ~ a r e d c o m ~ o ~ ~ ~ ~ d ~ ~ ~ :
(c) defend himself if sued or joined as a party in
any proceeding in respect of the conduct Ofelen+;ons
c; in respect of the electoral roll ;
(4 defend, or compromise any appeal against all
assessment or tax ;
- --
1 The words " central c~mmittee" Were ~ ~ ~ b ~14. t the
-
i i ~ ~ ~ ~ d
words "standing con~tnittee" by section 101 of, and SclIedule to
the Madras C QY ~Municipal (Amendment) Act, 1961 (Tomi, N ~ ~ ;
A C56 ~ of 1961) : and t words "standing ~ o r n r n i t t ~were
~?'
smbstituted for the words " central committee* by section 31 of,
and Schedule I to, the Madras City Municipal Corporation and
Tamil Nadu District M3nicipalitie's (Amendment alld E~~~~~~~~
~fterm of office) Act, 1971 (Tamil Nadu Act 22 of 1g:l). ' f -

'These words were subst itu ted fo: the Words sdbject t o 6.

sions of section 69 the ~ommissionrrmav.9 by ,ectior 2i)5

e Madras City Municipal (Amenrlment) Act, 1936 (M
adras
ncial Governmen t7' were suhstjtuced
rnment" by the Adaptation ~ r :rdof 1 937
W ~ substituted
S for "Provincial,, by

'.
. , ,
.;+,
 LatestLaws.com

~adrr;sC
Corporation
(e) take, withdraw from or compromise
ings under sections 388 and 395 for the re
expenses or compensation claimed to be d
corporation ;

corporation or aga
or servant i n respe

(12) with the approval of the '[standing co

compromise any claim, suit or other legal pr
brought against the corporation or against any
pal authority, afficer or servant, in respect of a
done or omitted to be done as aforesaid ;

institute and prosecute any suit or witlldra

description specified in clause (f), which

instituted or made in the name of the corpo
of the commissioner ;
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LatestLaws.com

-- ---- 4 - - ---- A- *
. ./
---
!, * &
I

1919: T*N. Act M a d r a ~Ci?y &icipd 407

Corporation

(.i) obtain such legal advice and assistance as he

may from time to time think it necessary or expedient
to obtain, or as he may be desired by t Ile council 'lor
the stallding committee or any other committee] to
obtain, 'for anJ of the Durposes me.ltjoned jn the
*foregoingclauses of this section or for securing the
lawful exercise or discharge or any power or duty
vesting in or imposed upon any municipal authority,
officer or servant.

Protecting Cfauses.

399. No suit shall be maintainable against 2[the hdemnity

"(Sate Government) or] any municipal authority
9
officer, or servant or any person acting under the
direction of 2[the 3(Ste te Governmei~t)or] any municipal
auhority, officer or servant, or of a magistrate, in
respect of anything in good faith done under this ~ c t
or any rule, by-Jaw,regdation or order made under it.
**r

1 The words " Or the committee constituted under this ~ ~ ~ 9 9

wore for the words " or the standing committee,, by

s3ction 101 of, and Schedule I to, the Madras City Municipal
(Amandrnent) Act, 196 1 (Tamil Nadu Act 56 of 1961); and the
words " or the standkng colnr~~ittee or any other comnlifteew
were again subjtituted for the words " or the committee consti-
tuted under t his Act" by section 34 of.and Schedule I to, the Madras
City ~ ~ n i c i p Corporation
sl and Tamil Nadu District Municipali.
ties (Am2ndmeritand Extension of term of office) A c t , 1971 (Tamil
Nadu Act 22 of 1971).
Thbse wordc were inserted by section 206 ofthe Madras City
Municipal ( ~ m c n d m e n t Act,
) 1936 (Madras Act X of 19361.
The words cc~rovincia!povcr~m~nt" d the
were o ~ b s t i t u t ~for
words "Local Oovarkment by t!3eAda~fntionOrder of 1937 and
I he word was substituted for tho word "Provincial,) by the
Adaptation Order of 1950,
 LatestLaws.com

400. (1) I he commissioner and ever

instituted against*him by tho c .,unci1 with th

sanction of tltc: "[fitlate Qovt!mmsnt] or by
Government].

5[401. (1.) No assessmellt or demand

ntss 'etc.9 of this
charge imposed under the a ~itlii~~ity

iacial" bq tLe Adaptation Order off 950,

 LatestLaws.com

vide4 t l ~ i tthe provisions of this A(,t hal7e,

in substance and effect. been mmdiecf p ~ i t h . And no
*.. -4

(3) NO distraint or sale under this Act sha[ 1 be

deemed unlawful. nor shall any perscc mckiF8 the jhme
be deemed :I trespasser, on accoufit of al;y eii-ol.,
defect or want of form in the bill, notice, sc;ledujc,
form, summons, notice of demand, war1 ant of distra jrlr
inventory, or other proceeding relating the1 et o if Lhd
provisions of this Act, the rules and by-laws have, in
substance and effect, been complied with :
Provided that every person aggrieveci by al.1
irregularity may recover satisfaction f o ~ .all^ cpecj$l
J %

' damage sustained by hiin.]

Po lice.
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LatestLaws.com

860. of the Indian Penal Code.

tract on behalf of the corporation in.the perfosma~lce of

6[their duty] or of anything which7[theyare empowered]
or required to do by virtue oi in consequence of this 1

Act or of any rule, by-law, regulation or order made

-----.-.
The word '4toll" was omitted hy Schedule I to the Tanli I Nadu
Motor Ve'l~iclesTaxation Act, 1931 (Tamil Nadu Act 1lT of 1931).
3 These words were substituted for the words ".,, fee" by
section 21 1 of the Madras City Municipal (Amendment) Act, 1936
(Madras Act X ot 1936).
8 These words wereinserted by section 212 (i1,ihid.
4The words 6'any committee conslitutedunder this Act" were
substituted for the wordsUaln3 standing committee" by section
101 of, and Schedvilc 1 to, the Madras City hilunicipal (Amend-
ment) Act, 1961 (Tamil N a d u Act 66 of 1961) ; and the words
Lbanystanding con?n.littce" were again substituied for t h e words
"any committee constituted under th.is;Actwby section 34 of, and
Schedule J to, the Madras City Municipal Carporation andTamil
Nadu D-istrict M unicipalities (Amendment and Extension of
term of c fice) .-kt, 1071 (Tamil Nadu Act 22 of 1971 ).
s The words "01. alde!rman" were omitted by section 2 (2) of the
Madras City Municipal ()Amendment) Act, 1958 CTam.il Nadu
Act XXTV of 1958).
6 These words were subst.itu;ed for the words "his duty" b y
- , section 212(ii) of the MadrasCity Municipal (Amendnieni)
I Act, 1936 (Madras Act X of 1936).
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:1,L E : Prohibition
f'+ r against
1
$
-: atremoval or
t: , obliteration
:i.' ' of notice.

t:-
Prohibition

on any land vested in the corporation or river, est

canal, backwater or water-courses (not bei
property), or in any way obstruct the same.
Transitional nnd Tr~nsitoryPro

this Act comes into force may be recover

they had accrued under this,Act.

'

(,Madras Act X of 1936).

&I;J; ,
4;qg,n ' %. ,
< *L .
1
-"$ " *
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* * ]

13. (1) h h e n a dispute exists between the corpo- Adjudi* .

ne, or more than one, other 1 0 ~ 2 1authority cation of
regard to any matters arising under the PI-ovisionsbetweendizputes
this or any other Act and the 3(StateGovel-nment)local
of opinion tlldt t i l ~i u ~ d iau~horjtiesconcel*nedauthorities.
unable to settle it amicably among tl~ernselves, the
te Govei.arna~t) may take cogniz;:ncc o f the

(a) decide it themselves, or

(h) refer it for enquiry and report to an arbitrator
ard of arbitrators, or to a joint committee consti-
under section 27-A for the purpose
(2) The report referred to in clause (6) of sub-
ction (1) shall be submitted to the '(State Government)
o shall decide the dispute in such manner as they

"(3) Any decision given, whether before or after

sub-section comes into force, under clause (a) of
section (1) or under sub-section (2) s(may, at the
ance of the local authorities cancel-ned, be modified)
---
.--
,
---

here words were substituted for the ~ o r d s ( ' ~ oe

a ~modified,,
.
nd Schedule to the Tamil Nadu Re.enocfjng ~ ~1gq9t ,
act X o f 1949).

A'.
 LatestLaws.com

Madras City
Corporation

fiom time to time by the '(State) Government i

manner as they deem fit, 2::)' cuch decision
~ 4 . 2

modifications,if sny,made therein under this sub-

%(mayat the i lstance of such local authorities, be
celled) at any time by the (State) Government.
Any such d~cisionor any niodification ther
cancellation thereof shall be binding on each o
local authorities concerned and shall not be liable
questioned in any Court of Law.]
I
s[(4) The powers of the l(3tate) Government u
this section shall, where one of the local authoriti
concerned is a cantonment authority or th
autbnritv of a major port, only be exerciable with t
concurrence of the Central Government.]

1 This word was substituted for the word 4GProvi

Adatation Order of 1950.

8 This sub-section was inserted by t h e ~ d a ~ t a d o

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IV] Madras City Mueicipal ~ o r ~ o r a f i o n 4

SCHEDULE I.

- (.See section 2 . )

Short t i t / e . I Extentof
.I

1 j
I
'epeol.
- . (1) i (2) I----- - --- (3) I _ _ - - _ __ 1 (4) --.

i II The Madrasl ( TCity

I
a~z~ i l Acts.)
Nadu

1
I1

I
I
I11 Municipal Act, 1SC4 The whole.
lgo4
1905 ZI I The Madras Port 'Trust Act, 1905 . . j Section 34. ..
i
1
I
1907
I The Madras City Municipal Act (An-end- 1 The whole.
rncnt*ct),lP07. I

/
I iI I

/
- The Madras City Muilicipal Act ( A z c r i - i
1911 I1 D ~ .
I / ment Act), 1911. i
DUL-3 C
=
,-- 1

SCHEDULE TI.
RULESREGARDING PROCEEDINGS
OF THE COUKCIL
AND
COMMITTEES.
(See section 3 10.)
THE COUNCIL.

2[ 3[ 1 , 111 these rules, 'member' means a coui~ciIlor.]

ay be convened by the Mayor.

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LatestLaws.com

notice of the day and hour of the meeting

isement in the local newspapers.

a 'L'hese words were substituted for the words "central cornn~ittee'~ bv se

. . _
, ,
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LatestLaws.com

ry meeting held in each of the months]

er, Dzceinbe.~ and February, the [M
place before the council a statement of reccipts and dis
on account of the municipal f ~ ~ from
n d the close of the la
year up to the close of the month before that in wM
t /"
- $4.
l[5.I4[(l)The Mayor shall call a spccial meeting on receiving a p : , h

request in writing signed by 6[such nun-ber of inembers as shall

constitute not less than om-fifth of the :anctioned strength of the
council] specifying the resolution which it is proposcd to move.]
(2) No special meeting shall be held unless at least four clear
days' notice, specifying the purpose for which such meetin~gis to be 4
held and the date and hour thereof, has been given by a separate . %
communication addressed to each6 [member] and by [advertisement] - :.:
, (

in the local newspapers. . I

lE6.l if the *[offices of Mayor and Deputy Mayor are vacant],
t
the duties assigned. to the 3[Mayor] by [rules 2 to 51 shall be perfor-
med by the commissiouer.
'L7.1 lO[All meetings of the council si~aailbe open to the public,
-provided that the Mayor, D e ~ n t yMayor or presiding member
I
may direct that the public generally o; any particular person shall
withdraw.]
'[8.] lO[All questions which may come before the council at any
meeting shall be decided by a majority of the members prcsent and
-- .--. -. - -
werc renumbered r s
Originalrules3. 4 , 5 , 6 , 7 , 8 , 9 , 1 0 , 1 1 . 1 2 , 1 3 . I 4 15 az~d16
rules 3,5,6,7, 8,11, 12,14, 15,16,17,18,19and20r~sp~~ ' u i y by scction 216
(ii) of the Madras City Municipal (Amendment) f-c! :1936iMadras A ct X of 1936).
2 These words were substituted for thc words " each of the gsnera1 meetings held
in the months '' by section 216 (iii), ibid.
. a This word was substituted for the word "'Iresident, "by secticn 2 of
the M'dras City Municipal (Amendnrnt) Acr , 3 5: : ( A r: c:: : k c t 1: ' a' ;$35 i .
4 This sub-rule was substituteci fo,ror$ginalsub-rule(l>by section 216 (iw) ((sbof
the Madras City Municipal (Amendmernt) Act, 1936 (Modros Acf X of 1936).
' T h ~ s ewords were substituted for the words ''not less fl7sr:t\nel$c mpn:bcj 3'9 by
szction 27 (ii) of the Madras City Pduniciyal(An?5nc-lnlcl:t? L'>.G~,1S5G ( 7 ' h n if b rcr:
Act XXIV of 1958).
This word wa9 substituted for the word ''cour:cjf!cr'' by secti~ln216
(iv) (b) o f Madras Act X of 1936.
7 This word was substituted Tor the word " g u b l i c a t i ~ c ' ~ by ibid. I

8 Thcse words were substituted for the words ''ofice G: Mayor is vacsnl'*
by section 216 (v), ibid.
'These words and figures were substituted for the wcrds zrc figclrr "ruIcr j rc 4 .
.-
t-
above" by section 216 (v), ibid.
l o RuIes 7,8,9 and 10 were substituted for rnles 7and S as renumbered
216 Cvi), ?hid.
125- 13-27
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1[9. No business shall be transacted tit any meeting unless

present at least 2[fifty] members.]
'[lo. No re sol^.:!~ t of
\ the council shall be modified or

fee of eight annas.

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-
-
- $
---i--.- -- - -- --
V] Mndrar Ciw Mztnicipa! Corporation 419
sons 'who are llot l[members], but ~ h may o possess special
?
alifications in regard to the matter to be inquired into. Provided
t the number of persons so appointed shall not exceed on--half
of the number of '[members] appointed tc serve on the committee.
[All the provisions of this Act relating to the duties, powers,liabilities.
disqualifications and disabilities of members shall, save as regards.
the disqualification on the ground of residence or of being a Govern-
ent servant, be applicable, as far as may be, to such persons.]

) The proceedings of evcry such committee shall be recorded

ing and submitted to the council.

[13. The commissio~crmay grant copies of the proceedings and

cords of the council 4[3nd tile star-ding committee] on payment
f such fees as the co~mcilmay by general or special order deteimine.
-<$
Copies shall be certifi:d by the commissioner as provided in section ."* 7.C
.a%
-:g$
.
76 of the Indian Evidt:n.ce Act, 1872 ; and copies so certified may be .. ,
1in the same manner as they
78 of the said Act, be used

section 216 (viii)

is sentence was added by section 216 (viii) (b), ibid.

tion 216 (ix),ibid.

ension of term 0
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pgs '
"$ '$ "
[ The Stntzding C.~rnn?ittec..
]
..%
f"y
* . .

[pj,]The chairman of 3[it star.:lin~ comnittee] may

2
: time call a meeting of thi: comrnittec shiS11do SO within

the business to be trans8ictcd.

2[16.] No business shill1 be t .'~ns:[cted at any meeting
[a standing committee] onless the,: is ih quorum of three.

..
1 - C - -. - --.--- -.I__

1 The following heading and rcle were substituteci for the heading and rule 14 by
section 95 (iii) of the Madras City Municipal (Arnendnlerrf1Act, 1361 (Tamil Nadu Act
56 of 1961);
"The Central Co~nmittee, tht: Carpo: ation A c c o ~ ~ uCorn~~ittee
ts and the Circle
Gommit tees,
14. (1) The central committee and the corporation accounts committee
rrieet at the municipal officeorisudi day and at such !lour 3s the committee cone
may fromtime to time determine*

8 Original rules 3 , 4 , 5 , 6 , 7 , 8 , 9 , l O , l l , 12,13,14,15and16were renumbered

asrules3,S,6,7,8,11,12,14,15,1G,17,18,19and20rcspectivelybysect~on 236
(ii) of the Madras Ciiy Municipal (Amendmnt) Act, 1936 (Madras Act X of 1936).

- -
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' .

nicipal Corporation
[IS.] (1) A11 minutes o f t ?e proceedings of [each sta
d shall be signed by the
airman or presiding member lfter each meeting.

[ (2) The minutes book of each stailding committee shall be

3
placed before the council at such times as it rnsy appoint.]

"19. In any case in wllich two or rr~or-cstanding commitiees

have passed conflicting decisions, and slict~conflict has not been
adjusted, the commissioner shall submir a report to the Mayor
who shall place the subject before a meeting of the cb,,ncil, cud
pending the resolution of the council, the comlnissioner shall
withhold all action in rcgr~rclto the matter at issue.]
.-". ----__I- -.-- ---.-.. -
Original rules 3,4,5,6,7,8,9,10. 11, 12,13, 14, 15 and 1ti wer.c reilumbered
as rules 4,5,6,7,8,11,12,14,15,16,17,18,19' and 20 rcspcc~ivcly by section 216 ( i i )
of the Madras City Municipal (Am, ndment)Act, 1936 (Madras Act X of1936).
9 The words the central comrnif;tee, a circle committee or the corporation
accounts committee" were substituted for the wards '' each standing committee;"
by section 101 of,and Schedule I to, the Madras City Municipal (Amendment) Act,l96l
(Tamil Nadu Act 56 of 1961): and the words "each standilzg committec" were again
substituted for the words "th*: central committee, a circle committee or the corporatioq
accounts committee" by sectjon 34 of. 2nd Schedule I to, the Madras City Municipal,
Corporation and Tamil Nadu District Municipalities (Amendment and Extension
of term of office) Act, 1971 (Tamil N.:du Act 22 of 1971).
8 The following sub-rule (2) was 5 1 lbstituted for sub-rule (2) of rule 1S by sectinn r;
95 iv) of the Madras City Municipal (A rnendment) Act, 1061 (Tamil Nadu Act 56
\
of 961) :-
"(2) The minute$ bo02c of each circ'e committee shall be placed before the central
cornittee and the minutes boob of ihe central committee and of the corporation
accouats committee shall be placzd tl :.[ore the count:if : ~ such.t times as the central
committee or the council, as the case r n c -;be, may appoint "
arth he said sub-rule (2) , the pvesc)*tsub-rule (2) v7as again substituted by section
32 (3) of the Madras City M ;ilicil~alCc9:noration and Ta:nil Nadu District Municipa-
lities (Amendment at~dExtension 01 terin of office)Act, 1971 (Tamil Nadu Act 22 of
1971).
4 Tlzc words &'twoor mwc circle ~rrrnmittecs" were substituted for the words
1
4 (two or Inore standing corn ~~ittct\s" ill rule 19 by sec~iolj101 of, and Schedule I t o
Tamil Nadu Act 56 of 1961);
p~ovidedin sub.sf;ction (4) of. ,a:4 qi

s and figures " as provided in

r t
'4
For rule 19 as so amended the J+$3-
r4
the Madras City
itiea (Amendment an
22 of 11971).
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[SCHEDULE 111.
SCHEDULE IV.
TAXATION
RULES.
(See seotion 138.)

Provisions common to taxes in general.

1.8

(3)Any person who, under sub-rule (1) has ceased to be a member of the co
. tion qccounts committee may be restored to office by the corporation accou
committee or re-electedby thecounci!."
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LatestLaws.com

(2)' The assessnent bo nks and where detailed particulars . -

%
.

bting to any assessment are I-ept in separate records, the portion

ereof containing such particfAlarsshall he open at all reasonable
d without charge to inspection by any person who pays
tax to the corporation or his authorized agent and such persor.
ent shall be entitled to take extracts, free of charge from the

) The account bookr. of the corporation shall be open without , $. i$

to inspection by any per on who pays any tax to the corpora-
or his authorized agent or. a day or days in each month to be

-A. The commissioner shall, save as otherwise provided in

t, determine the tax to which each property or person is

Provided that in the case c;f tax payable by the commissioner ,,."#*
dr
'!
the original assessmenl: shall be made by the Mayor. :it I

1-B. (1) The commissione! shall give to every person making

payment of a tax a receipt thewfor signed by him or some person
duly authorized by him in that behalf.

(2) Such receipt shall specify --

(a) the date of the grant thereof ;
(6) the name of the person to whom it is gra,.: -4 ;

(c) the tax in respect of which payment has been ma&

and in the case of property tax, also the property in respect sf
which payment has been made ;
(d) the period fol: which payment has been made ; ~d
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!W424:.4 , .
$0' r-

424 Madrar City Municipal Corporation

I

a [PARTI -A*]

Assess~nent of the property tax.

1-C. The ~(~rnrnissioner shall enter in the assessment books

the annual valu: o f all lands and buildings and the tax payable
thereon. Such books shall also record the following particulars
with regard to n?b: -(isessabieitem :-

(i)The ser ia! number ,description and name (ifany) of

the item;

(ii) the name ~f the di\rision 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 9
(iv) the n8me of the occupier ;
(v) the hnliual value or t l ~ eextent as the case may
(vi\ the ar:~c?unt
of the tax payable.

1-33. [A general re\ ision of the a5sessment books sh

y the commissiotier once in every five y
he commissioner may, with the appr
the territorial divisions of the city in sn
ed necessary and revise the assessment books relating
ch group by rotation once in every five years : ]
---- -----.. --._
ubstituied for the original Part I by s e ~ t
1 (Arnendl~eat)Act, 1936 (Madras Act.X

bstitutcd for the first parag1

ification No. 387, dated the 1
fthe Fort St, George Gazette,
tiy by Local -4dministration Dep
Part 1-A ofthc Fort St, Geo
. .. ,. . --._ __
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- . . C ---L

1919 :T.N. Act IV] Madras City Municipal Corporation 425

'[Provided that the a[State] Government may , for

W~\IS dk&jI
, '?'ibd %I?: $i?twb\ F ~ Ii h n ,\?' 3 % ~
\.>%5'r't\Yt+l h~\ji$
i s due to bc msde ill ally ycar sholl bc p~~slponcd i\)r sucll pcrioJ
as they think fit and that such postponement shall not affect subse-
quent general revisions.] I

I
1-E. An assessment once made shall continue in force until ,

it is revised and until the revised assessment takes effect.

2. When assessment books have been prepared for the firs
time and whenever a general revision of such books has bee
completed the commissioner shall give public notice-
(a) specifying the time when and the place where the books
may be inspected ;znd
I

(b) stating that revision petitions will be considered

if they reach the municipal office within thirty days from the
date of such notice in the case of the Government, a railway '
administration or ii company and fifteen days from the said date
in other cases :
[Provided that in every case where there is an enhanceme
3
in the assessment the commissioner shall also cause intimatio
thereof to be given by a special notice to be served on the own
or occ~~pierof the property concerned:
Provided further that in every case where a special notice i
required to be served on the owner or occupier under the fi
proviso, the period of thirty days and fifteen days referred to
clause ( b )shall be calculated from the date of service of su
special notice.]

!
r
This proviso was added witl-1 effect 0x1 and from the 1st April IS42 l;y 1 . o ~
a
Admi~~istrntionDcpark~nent ,Notification S o . 822, ('atcd the 3rd Novcmber 394
pub1iqh:d at psgc 825 of Part I-A of the Fort St. Geu ,ge Gazette, dated the 1
. November 1942. This was re-enacted permane~fiyby Local Administration Dep
0
m;nt Notification dated the 2Gth April 1948, pubtished at pages 39 to 58 of the Ru
supplement to Part I-A o f the Fort St. George Garebtc, dated the 27th ~ p & l 9
4 This wo2d was substiturcd for the word "Prov;nciai" t y ; t c Ac'apfa!ian Crd
of 1950.
r

, a These provisos ~;.ri: added by rule 1 ic Local -4clrniuistration Departme

Notification No. 1379, dated thc 20th December 1.938,published at page .843
Part I-A of.the Fort St. George .Gazette,.dated the 20th December 1938,
 LatestLaws.com

4. Any person may, at any time 2[not being less than

or more than sixty day4 before the end of a half-year move
ommissioner by revision perition to reduce the tax to which
is liable fur the forthcoming l ~ a ~ y e aon
r the ground that
annual value of the ;.ropcrty in respect of which the tax is impos
has decreased Ance the assessment of the property was last ma
or revised.
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LatestLaws.com

'
.
%$

11 forthe revision .. *
t

or .4 shallnot- 71

. -
A:.

i
8 .

"i-

2[ 4-B. Notwithstanding anythi~~g cco~tainedin rule 2, 3-A or 4, .

the cominissioner may for special ieasoiis to be recorded in writing
sider petitions received after the periods specified in the said
ts and dispose of such petitions on their mel*its.]

5. No petition under rule 2, 3-A or 4 shall 1-- disposed of unless,

the petitioner has been given a reasonable opportunity to appear
either in person or by authorized agent and to represent his case.
6. Imlnediately after the disposal. of a revisioi~petition, the
commissioner shall inform the petitioner or his authorized agent
in w:iting of the orders passed thereon 3[. .. . . . . . . ... ]and shall,
if necessary, cause the assessment book: to be corrected. . . .
. .
6-A. (If A general revision shall be deemed to have taken
effect on the first day of the half-year rollowitlg that in which
the notice under rule 2 is published 4 [ ~in~ a, case where a special
notice is required to be served on the owner or occi~pierof the
property under the first proviso to that rule, on the first day of
the half-year following that in which soch special notice is .served
on the owner or occupier of the property].
--

~
I
 LatestLaws.com

4% Madras City Mmicipal Corporatioti [I919 :TON.Act W

(2) Any correction in tbe assessment books made by the
commissione; under rule 6 or ule 18-A shall be deemed to have
effect on the first day of the half-year to which the assessment
which was sought to be re~~isedor which was :ippealed against
relates.
Explanation.-The levy of a 11ew class of property tax or an
enhancement in the rate at wliich any class of property tax is
leviable is no amendment or *vision within the meaning of this
nd shall have effect f~tjmthe day fixed for the levy or

.days
The first payment of tax .;hall '[ .
.of the day specifier. in rule 6-A.
] be made within

(See section 110.)

2[70Companies shall be assessed by the commissioner on the

following scale :-
Paid up ~ ~ p i t a ! . Ha!Fyear(y
Lakhs of rupees. Tax.
RS.
A. Less than ovle .. . . . .. . 30
B. One and more than one, but less than two 50
C. Two and more than two, but loss than
ihree. .. . . . .. .. 100
D.Three and more than thret:, but less than
five. .. . L .. .. .. 150
E. Five and more tharl 6 ~ e but
, less than ten 250
F. Ten and more than ter:, but less than twenty 500
G. Twenty and more thau twenty . .
--
. . 1,000
-
The words and figure '' save as provided in rule 6 " were omitted by rule (4)
1
~ 0 ~ Administration
3 1 Department Nalification No. 1204, dated the 27th mvem.
ber 1941, published at page 912 of Part I-A oi the %i.t St. Ge0rg.e Gazere, dated
.
the 9th December 1941, re-enacted pcmiilnently by the Local Administration Depart-
ment Notification, dated the 26th April 1948, published at pages 39 to 58 of the
R@ Supplement to Part 1-A of the Fort 2 3 . George CozrNe, dated the 27th April
194g.
substituted for la1 rulc 7 by section 218 of the Madrss
I
(bendmeat) Act, 1936 (Madras Act X of 1936).
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-----A- " -

IV, @ad+& City AZwicrpoi d

ed that any clJmpanyythe head or a principal office of whi
in the city and which shows that .its gross income received
om the city in the year immediately preceding the yea

shall pay only 25 rupees per

half-year ;

(b) has exceeded Rupees shall pay only 50 rupees per

5,000 but has not , half-year ;
exceeded Rupees

(c) has exceeded Ro- shall pay only 100rupees per

pees 10,000 but half-year ;and
has not exceeded
Rs.20,000.
I

(6) has excoeded ' shall pay per half-year 100 rupees to-
Rupees 20,000. gether with a sum calculated at the
rate of 25 rupees per haif-year for
every 5,000 rupees or part thereof,
of gross income in excess of Rs.20,000
subjecl to a maximum half-yearly
tax of 1,000 rupees.

provided hurther that when a company the hcau ar a principal

office of which is not in the city becomes lkrble to tax for the first
time, it shall pay in the first year a tax of 25 rupees ; but
if the gross income of the company during such year is subsequently
found to have exceeded 5,000 rupees, it shall pay the tax
calc~~lated in accordance with the abovenlentioned scale less the
initial payment o f 25 rupees.]
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LatestLaws.com
>.. i .
&+Q$ Citj ~ t m i c $ & i C o
As.sessn 101r for .Prc!fes.rio?~
Tax.

I
(Scu sectiol~1 11 .)
l [g. Persons shall be assessixi by the commissioner to the
profession tax under the follo~vingclasscs on a scale to b- deter-
mined by the council from time to time :

I
Provided that such seal2 jlial! be subject to tile maximum
I
I specified against each class : 1
provided aiso that the pl-oporlion which thc tax on any class
bears to the minimum illcome of that class shall in 110 case be sl~laller
than the proportio~~ lr%ichthe tax on any lower class bears
to the mininluk~liucorne of sucll !o\ver class :---

I More than lis. 15,000 .. .. .. .. .. 125 00

II 99 11s. 12,000 but J I O ~M O ~ Cthan Its. 19,000 100 00
111 9) Rs, 9,000 I, Rs. 12,000 75 00

,, Rs. 4,800

.T -..IX.._.
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l[9. (I) If, in the opiiiion of the commissioner, profession tax

is or will be due for any half-year from any gerson other than a person
in teSQeCbof whom the commissioner obtains to his satisfaction par- ,

ticulars of iiicome under section 115, he shall serve a notice on such

person either in that hKyeas or in the succeeding half-year
requiring him to furnish within such period,not being less than thiny
days as may be specified in the notice: a return showing the income
on the basis of which, according to such person, he is liabie to be
'assessed to profession-tax for the haKyear in question. There-
/' upon it shall be open to such person to s~bnlita rcturn showing
the income dcrived by hiin during the half-year for which
* profession-tax is claimed or dming the previous half-year and
produce any evidence on which the person na.y rely in support of
the return made.
(2) If a return :A reno;l-cd under sub-rde (1) or a list with the
, statement as required by icction 115 is furnished and the commis-
'sioner is satisfied that it is correct a.zd complete, he shall ledy the
profession-tax from !he person liabi;: to be assused on the basis
of such return or statement.
E.~pZanation.--1f a person pfo'oduces the notice of demand
f income-tax served on him under section 29 of the *Indian Income-
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ana the income-tax paid to Government.

(5) The comtnissioner shall not be elititled to call for the
accounts of any person.]

PART 111.
011 C ; l ~ i * i lnrrd
TLTX v ~ ilnbllals.

1 [(I) The tax on carri;.tges 2 nd animals shall be levied

at rates not exceeding ths. firllowing :---
Maximum
Dcscript ion of carria2e 01. ailimal* ha1f-yearly
tax.

.. ..
RS
For every tram car . . .
O

For every four-wheeled vehicle wit11 springs o r other appliances

.. ~[SOO]
acting as springs constructed to be drawn by one or more animals 20
For every two-~heclcdvehic!e w i ~ ~ i zsprings or oi,hor apPlianccs

....
acting as springs constructed to bc drawn bq olhc or more animals
For every bicycle or t~>icycle
.
Do.
porambulatc-tr
rickshaw
..
.. .
..
..
.
.
...... .....
-.
..
..
..
D o * hand-cart with springs uy other appliances acting as springs
Do.
DO.
elephant
camel ... . .
. I

.... ...... ...... ......

Do.
Do.
horse or mule not ullder 22 hands
bullock or bull .. J 44 .... ... ...
.... .... ..
horse or mule under 12 htuads
Do.
Do, male buffalo
Do* pig
.. ...
Do. goat
Do.
DO* dog
ass

.... v . - e
v .. 0 8
qQ

Ic--.
.------_C___._l - .c

1This for original rule 10 by Schedule 1 to the Tamil Nadu

rule was su:,-~'*~ited
hiocorVel~icle: "axation Act, 1931 (Tamil Nadu Act IIil of 1931).
a his sub-rule was substituted for sub-rule (1) by Local Administration Depart-
ment Notification No. 125, dated tnc kt &xi11936, published at page 94 of Part 1- 4
of the ~ ~St.r George
r Gazetti: riated the 2nd April 1946, re-enactei Permanently
by Local Administration Departme:zt :dotification, dated the 26th April 1918, published
at pagb5 39 to 68 of the Rules S u p ~ l e m e ~to: Rut 1-A of the Fort S t . G e n r ~@letdp,
dated the 27th April 1918.
8T h e +eresubstituted for the fi Wres " 100 " by section 2 of the Madres
C&y Municipal (Amendment) Act, 1960 (Madras Act X M of 1950),
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(2) If v~ithin the hnlf-yar a person replaces any carriage

cr animal by another carriage or arimal falling under the same class
in the table given in sub-rule (I), the said person, in case the re-
placement was due to the destruction of the carriage or the death
of the animal and if he had possession, custody or control of thi
carriage or animal so replaced at the time of its destruction or death.
shall not be liable to more than one payment of tax and the amount
of such paymctilt sl~allbe regulated by the aggregate number of days
for which the c ~ r i a g which
e has beer1 destroyed or the animal which
has died and the carriage or animal replacing such carriage or
animal have bee11 kept during the half-year.]

(See section 138.)

12. Any assessee who is dissatisfied with the assessment

any tax under this Act other than [the property tax] the tr
duty and the tax on timber may make an application in
2to the commissioner for the revision of such assessment st
the grounds of his objection thereto.
3 [13. N O sp:)lic;rtion for revision under rule 12 shall
admitted-.
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434 .Madras City Nimicipal Corporation [I919 :T . N. Act I V

and in the case of any 0th.r tax \ lithin seven days from the
date of demand provided that t:~c con~missionermay, if he thinks
fit, extend the period within v1hi!:k n~ticeof objectioa should
be delivered to a period not exceeding one month; and
. (b) unless the tax based on the assessment prevailing in
'

year previous to the year in question was paid before making

lanation.-The preferring or pendency of an application

e revision of the assessment of any tax shall nclt-
(a) bar the collection thereof; or
ay of proceedings to enforce payme

1 , (1) All such applcations and all petitions under

2, 3-A or 4 shall be entered in a register to be maintained
the purpose; and on receipt of any application cr petition,
shall be given to the applicant or petitioner of a time
ace at which his application or petition will be considered.
) At the said time and place the commissioner shall liear
bjection in the presence of the objector or his agent if he
for reasoilable cause adjourll the il~vestigation
When the objection has been determined, the ord2r
shall be recorded in t h ~said register together with the
f such order and cominunicated to the objector or hi

Where an objector is dissatisfied with the f~rderpassed

cominissioner u d e r sub-rule (3) of rule 13-'2, he may
ithin fifteen days horn the d3te on which such order
as received by him] appeal against it to a comiiiittte called the
Taxation Appeals Committee and consisting of t hrce members,
two of whom shall be members c+fthe council elected by it arrd the
third shall be a person ----
appoiikted by
- -- ---
&te Co-~ornment)
-__ _ ___--
--I

1Rules 13, 13-A and 14 were substjtui?d for original rules 13 2nd 14 by section
223 of the Madras City Municioal (An endment) Act, 1936 (Madras Act x of 1936).
$These words were substituted for [he worcfs "within thiriy d,iys from the date
on wbich such order was sent by 1 ~ 0 5 t "by section 96 (iii) (2)of the Madras City
Municipal (Amendment) Act, 1961 ( T a m i l Msdu Act 66 of 1961).
'The words "Provincial GovernnleLlt"were substituted for the words E
Government" by the Adaptation Order cf 1937 and the word ''StateW was
tatad for "l~rovincial"by the Adaptation Order of 1950.
I

-- , --
I

'Q
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7
- -
C
".-.+-%+-

r without remuneration or on such remuneration ast +'$ y 5 b

he fixed by them and subject to such other conditi~ng~~@

scribed by them. The person so appohteai$&
shall be the chairman of the co-tte:.. .,--*
, ' '$*,"

[The Taxation Appeals Committee shall ha

powers of [the standing' com&tee] under sub-secti
section 26, and the provisions of sub-section (2) of tha
shall apply to requisition made by the Taxation
mittee as if it were [the standing committee].]
No business shall be transacted at any meeting of t
ittee unless the Cbairman and at
Committee are present. If the
r present are divided in opinion
decision to be given on any appeal, the appeal shall be decided' ';
at a meeting of the Committee attended by all the three members.'.
All appeals coming up before thz Committee at a m
all the three members are present, shall be decide
to the opinion of the majority of the 'members.
of disagreement among all the three members, the Chairman + - +.
shall endeavour to bring about agreement among themselves ".
or between any two of them over a specific proposal, failing
which the opinion of the Chairman shall prevail.8
15. (a) An appeal shall lie 'to the small cause court against .
"
;

any decisioil of the [ Taxation Appeals Committee consiituted

under rule 141 . .
. . . . ] but no such appeal shall be
heard by the said court, unless-

1 This paragraph was substituted for the second paragraph in rule 14 by swtion
9(j(iii)(b) of tl~cMadras City kfunicipnl (Amendment) / k t , '?ti1 (Tamil Nadu ~~t
5 6 of 1961).
2 These words were substituted for the words 'tile central committee" by section
34 of, and Schedule 1 to, the Madras City Municipal Cot-poration and Tamil ~ a d u
i)istrict Municipalities (Ainendmcnt and Extension of tern1 of office) Act, 1971
(Tamil Nadu Act 22 of 19711,
a This paragrap11 was added by the rule issued in G.O. Ms. No. 1620,
Adrrrinistration,dated the 7th August 1952, published at page 179 of the ~ d a
Supplement to Part I-A of the Fort St. George Gazette, dated the 20th August 196
4 T h a e words and figures were substituted for the words G'standingcommit
by section 224 (j) of the Madras Citv Municipal (Amendment) Act, 1936 ( ~ a
Act X of 1936).
B The words and figures "under rule 14" which occurred for the second time w l m
omimd by the Second Schedule to the Madras Repealing and Amendine Aa,
dras Act XI11 of 1938).
13- 2 8 ~
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(i) a notice of inteotion to appeal has been given to

commissioner within ten day:; '1 !'-om i l ~ edate on which suc
decision was commcnicated by i*cei::tered post], and
? been presented within
(ii) the petition of ~ ; , i ) e ~has
fourtee11 days (froin the d:t+,c( j i l which S L : C ~ decision was
communicated by regisiesed p I'.,;] "iand the !:!x has beell paid
within the said period.
Expla~zation.--In illc cas:: 9T kzx lcvjnl ~ l cby half-yeorly
instalments the reqai~.ernentsor cl;tuse (if) as to payment of the
tax shall be deemed to have been satisfied if the half-yearly
instalment due under the order appealed against has been paid.]
(b) The court m a y far s~ificient cause excuse delay iln
the presentation of an nppeal.
(c) The notice of intelltioil to appeal shall stare the name,
occup~tinn and -esidencc of the appellant or of his attorney
~ Y appeal.
or vakil (if any) and the ~ I - O L I I I of
(d) The appellant shsll nct, ezcept w%h the leave of
the court, urge or be heard in stlpport qf any gmund of objection
which has not been set f c r t h !:I l~llsnotice of intention to appeal.
a
Central
[(e) The provisions of F a - ~ i sI1 and III of' the 4 Indian Act Ix .
Limitation Act, 1908, rehting io appeals shall apply to every lgme
appeal preferred undeis this rvie.]
16. The court may direct who shall bear the costs of n appeal
under the above rule,
7. The small cause court may, if it t h h k s fit, state a czse on any
eaI for the decision of the High Court and shall do so wh
a question of law is iilvolv.jd i either the comlllission
- - . - -- - -- --
lThese words were substitutzd for words "from tllc date of t;,e decisi
by Local Administration Department Gotificstion No. 662, dated (he 14th
1942, published at page 706 of Part j - . j of the Fort St. Georgr Gazelle, dated
z2nd September 1942, re-enacted penn,lnetly by Local AdministratiDn Departme
yotiflation, dltad ths 26th Aoril 1941:. puh1iih:d at psg:; 39 to 5s of tho ~ " 1
lemnt to Part I--1of the f3joi.t
St. ( ? e o t p G-rretle, date3 the 27th April 1948.
is was added by szction 3 of Mzdras Act IV of 1921.
his sub-rul.: was added section 223 (ii) of tne Madras city M~
Act, 1936 (Madras Act X of" 1936).
the Limitation Act, 1963 (Cmtral Act 36 of 1963).
C..... ^--s ,-lr-. . - * 4 - "---
'
I

)I
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7
--"+- --*-,. *, -* , * . .,-
---. *-~_4 -1*-
". I .

1919 :T.rP. Act IV] Naciras City 4911..1fcij~al

Corporation 437
or fhe appellant applies in nT;.iing in ihat behalf within
Mteen days from the decision of the small cause court and
deposits such sun1 as the small cause court. thinks necessary
to clefmy thc cost OF tllc i-cfcr-ncc. I

. 18. (a) The High Court may pass such order as it thinks fit
on a reference under rule 17,
(b) Upon production of a copy 01' the order passed undes
clause (a) the small cause court shall proceed to dispose of the
case in conforinity with the terms of the order, and may direct
who shall bear the cost of the appeal and reference.
[lS-A. The 'sseewpnt hooks maiutained by the commis-
sioner shall be corrected in ac:cordmce with the decision of .
the Taxation Appeals Committee or where there is an appeal
to the small cause court, in accordance with its judgment . ,

under rule 15 or sub-ntk (b) of rule 1 8, as the case may be, ,::+
and in the even* of the amount of any tax being reduced or:.$;
remitted by the said committee or court, the commissioner * .%C'.
% .

+&

shall grant a refund accordingly. :--

;
.+

19. The assessment or demaad of any tax

pplication or appeal is made as hereinbefore pro
when such an application or appeal is made, the o
y the commissioner, the decision of the Taxat
mmittee or the adjudication by the small cau
e*appeal,as the case may be, shall bc final :
Provided that where any assessment 'or dem
ccordance with the assessment books, nothing
11 be deemed to prohibit a fresh assessment or
he tax being made in accorda~icetherewith.]
2[19-A. (1) Notwithstanding anything c ~ntainedin
the High Court may, at any time, on the applicatio
assessee or the corporation, call for and examine the
-- -,
1Rules 18-A and 19 were substituted i'or sub-rule (c) of rule 18 and o d m
"
%v

rule 19 by section 22:; of the Madras City Municipal (Amendment) Act; 1936;
(Madras Act X of 1936).
, - a This rule was inserted by section 96 (iv) of the Madras City Municio~l (Amen
m&t) Act, 1961 (Tamil Nadu Act 56 of 1961).
 LatestLaws.com

dras City i funicipal Corporation

-- order passed by the Small Caus
er yule 15 ?ofor the purpose of satisfying itself as to the legalit I
m ~ l a r i t vor nroorietv of such order and may pass such ord
ow--- --J -- J7- - A - -
reference thereto adit thinks fit.
(2) The costs of and incident to all proceedings befor
gh Court under sub-rulc (1) shall be in its discretion.]

PARTVI.
Collection of Tuxeves.
(See section 138.)
[20. (1) Where any tax, not being n tax in respoct of which
notice has to be served under L 11? or section 1204,
[. ... . J is due from any person the commissioner shall
cause to be served u p ~ nor sent to such person a bill for the
sum due before proceeding to enforce the provisions of

(2) A noticc undei section 113 or section 123-A and a bill

under sub-rule (I) shall be signed by the commissioner and
shall contain-
(a) a statement of the period and :I description of the
occupation, property or thing for which the tax is charged and
other particulars of the demand, and
(b) noticc of thc 1iitt:ility which may be incurred in default
of payment.
a Rules 20 and 21 were substituted for original rules 20, 21 and 22 by section
226 of the Madras City Mul~icipal (Amendment) Act, 1936 (Madras Act x of
L936).
3 wards and figure "or a direction has to be giver. under rule 6" were omitted
by rtl]e ( 5 ) (i) in Lncal Administrqtion Department Notification No. 1204, d a w
rbe 27th November lrs., published at page 912 of Part I-A of the Fort St. George
w a t t e , d a b r~le9th Dmmber 1941, re-enacted permanently by Local Administra-
41 on m p m t Notification, d~ted the 26th April 1943, published at pages 39 to
58 0f the R& Supplement to Part I-A of the Fort Sf. George Cnzette, dated
. Ihe 27th April 1948,
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. .
* ..p.,.. ,

Madras City Municipal Co

tice '(or bill) referred t
r given either in the ha1
or in the succeeding half-year, the tax for'
entioned in this sub-rule shall not.be:'

ount due on account of any tax is not

ys from the service of the notice or b i l
1 referred to in seetioil 113 or section
120-A 4[...] or role 20 and if the person from whom the tax
i s due has not shown cause to the satisfaction of the commis-
sioner why it should not be paid, the commissioner may
recover by distraint under his warrant and sale of the movable
l property of the defaulter or if the defaulter is the occupier of
any building or land in respect o f which a :.x is duz, by eu

distress and sale of any movable properLr .-:hich may be found

in or on such building or land, the amount due on account
of the tax together with the warrant fee and distraint fee and
witb s t ~ further
h sums as will satisfy the probable charges that
ail1 be incllrred in collnexion with thc d~tention and sale d ,

the property so distrained : ,

Provided always that movable property described in rbe
Cenbral proviso to sub-section (1) of section 60 of the Code of Civil
A Q ~ V Procedure, 1908, shall not be liable to distraint.
of 1988. [~xplunation.-It shall not be open to any person whose
negligence or misconduct has caused or contributed to '(any
such
-.,- - that notwithstanding his
deficiollcy or loss to contend*
These words were substituted for the words "bill or direction" by rule 5 (hi in ,.:;
Local Administration Department Notification No. 1204, dated the 27th Novembcr $&
1941, published at page 912 OF Part-I-A oE the Fort Sf. George Gazette, dated '
the 9th December 1941, re-enacted permanently by Local Admiaistration Depart- .
ment Notification, dated the 26th April 1948, published at pages 39 to 58 of tW 7'
Rula Supplenlent to Part 1.A of the Fort Sf. George Gnzette, dated the 27th April .
* , ,
1948.
a Rules 20 and 2 t were substituted for origiylsl ruIes 20, 21 and 2: by section,
226 of the Madras City Mur~icipal(Amcndmnt) Act, 1936 (Madras Act X of 1936).
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440 Madras City Municipal Corporation [I919 : T.N. Act IV

negligence or rnisc,-duct, the deficiency or loss would nct have
occurred but Cor the negligence or misconduct of some other
person].
(2) If for any seasol1 tlic Jistraint, or ;t S U ~ ~ C ~ cljstraint,
C I I ~
of the defaulter's property is impracticable the commissioner
may prosecute the defaul tcr before a magistrr.te.
(3) Nothing herein contained shall preclude the corpora-
tion from suing in a civil cou1.t for ihc i~ccovcry of any tax,
duty or other amount due to it under this Act.]
I
i
q22. * * * * * * I*
. Under a special order in writing of the cc~rnmi-,sionerany
charged with the execution of a warrant, of distress may
n sunrise and sunset, break open any outer or inner door
r window of a building in order to makc the distress, if he
s reasonable ground for believing that such building contains
rty which is liable to seizure, and if, after notifying his
rity and purpose, and duly demandir.g admittance, he
nnot otherwise obtain admittance :
-,.,. Provided that such officer shall not enter or break open the
i f . *.door of any apartment appropriated to women until he has
i :
$1 given three hours' notice of his intention and has given such
&i-!-;
. women an opportunity to withdraw.
l?

4. The officer charged with the execution of a warrant,

before makii~gthe distraint, demand payment of the tax
e and the warrant fee. If the tax and fee are paid no distraint
all be made but if the tax or fee is not paid, the officer shcill-.
pi .
.&& (a) seize such movable property or the defaulter as he may
j$ : ' think necessary ;
,
*
b.. t. "
$*
gk < -

(b) make an inventory of the propert!r seized; and

.,
**x '

(c) give to the person in possession of the property seized

at the time of seizure a copy of the inventory and the notice
E

provided that a period of seven days shall be allowed for

aying the amounts duo -and redezjtiirit: rile ~ropertyseized.J
x Rules 30 and 21 were subsf tutcd for original rules 20, 21 and 22 by sation
226 of the Madras City Municipal (Amendment) Act, 1936 (Madras Act X of 1936).
was substituted for original rule 24 by section 227, &id.
. -- . -- --"X* - + L 4 w s ^ -- I .La
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-- . -, ..,
Act IY] Jladras City J h i c i p a l Corporation 441
25. The distress shall not be excessive, that is to say, th
property distrained shall be as nearly as possible [equal
value to the tax] due by the defaulter, together with all expen
incidental to the warrant, distraint, detention and sale.
[26. (1) If the amount due by the defaulter on accoun
ax, the warrant fee and distraint fee and the expenses inci
the detention of the property are not paid within th
ven days mentioned in the notice given under rule
distraint warrant is not suspended by the commiss~o
the property seized or a sufficient portion thereof, shall be s
ublic auction under the orders of the commissioner wh
ply the proceeds of the sale to the payment of the amou
account of the tax, the warrant fee and the dist
fee and the expenses incidental to the (letention and sale o
property, and shall return to the persm in whose possessi
the property was at the time of seizure any property or s
which may remain after the sale and the application of t
proceeds thereof as aforesaid if application is made by sue
person within twelve months from the date of the sale. If no
such application is made, the property or sum so remaini
shall be forfeited to the corporation. If the proceeds of the sa
are insufficient for the payment of the amount due on
of the tax, the warrant fee and distraint fee and the
incidental to the detention and sale of the property, t
missioner may again proceed under roles 21 and 23 in
respect of the sum remaining unpaid.
(2) When thc property seized is perishable or subject to
speedy and natural decay or if the expense of keeping it will,
together with the amount of tax due, exceed the value of'the
property, the commissioner may sell it at any time before the '

expiry of the said period of seven days urlcss the amount due
is sooner paid.
(3) The commnissioncr shag consider any objections to the
(tistraint of any property which are made within the said period
of seven days and may postpone the sale pending investigation
b thereof. If the commissioner decides that the property attached

1 These words were substituted for the worcls "proportionate in value to the
sumg9by section 228 of the Madras City Municipal (Amendment) Act, 1936
(Madras Act X of 1936 ).
27 were suostituted for original rules 26 and 27 by section
I
 LatestLaws.com
I
adras City Afutti
was not liable to distrain/, hc shall return it, or if it has
been sold, the proceeds of t h sa!: ~ t :t k - -pa*-scr. appearing t
be entitled thcreto anti niay again pr
23 ; :ind all fccs :tnd r xpsj~scsconnc
if it shall app
and salc shall hr: I-ccovcr;iblc from the tlcfi~~lter
to the commirsioncr that he wilfully permitted the distraint
the property when to his knowledge it was not liable to distraint.]
[27. (a) Fees shall be levied on distraints under this Act with
reference to the amuunt due r'or which the distraint .
is made and i~csordingto the rates spccificd in the following
table :-
I Sum dislrainecl for. Fees.

Under one rupee ... . .. ... ... ... ... 0 25

One rupee and over but under five rupees ... ... 0 SO
Five rupees and over but under ten rupees ... ... 1 00
Ten rupees and over but l i ? ~ d efifteen
i rupees ... 1 SO
Fifteen rupees aiid over but under twenty rupees ... 2 00
Twenty rupees and over but under twenty-fiverupees 2 SO
Twenty-five r u p ~ v~ .d ovcr but under tliil-ty rupees 3 00
Thirty rupees and over h u t under thirty-fi ve rupecs ... 3 SO
Thirty-five rupees ant1 ovcr i)u t under forty rupees ... 4 00
Forty rupees and over hut u 1 d c r forty-five rupees ... 4 SO

Fifty rupees and over but under sixty rupees ... ... 6 00
Sixty rupces and ovcr 1)ut untlcr eighty rupees ... 7 50
; . Eighty rupees and over bti t under one hundred rupees 9 00
2, One hundred rupees and 01 cr ... ... ... 10 00
(b) Such fees shall h-~clude all expenses except-
(i) the cost of maintaining any !.hestock or the expenses
cidental to the detention of the distrained property ; and!'
(ii) tho charge payable on account
charge of the distrained property, nasm
aily for each .-peon.]
...--
*, --- .. -.

This rule was,substituted fcr 'rille 27, as subtitut

f

section 96(v) ~f the M a d r i ~City Municipal (A

du Act 56 of 1961).

. . . - -.-. . .
7 .

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IYJ ~&&PS City zdwicipol

28. (a) The movable property of a defaulter may be distraincd

wherever it may be found within thr: '[State of Tamil Nadu].
( b ) If it is necessary to distrain property outside the limits
of the city, the commissioner shdli address his warrallt to S , L I C ~
public servant having local jurisclictiou as the 2[Statc Govel-nment]
may by general or special order direct .
(c) Such public servant shall execute the warrant himself or
cause it to be executed by borne person subordinate to himself.
( d ) Subject to the modifications set out in the following clauses,
the provisions of rules 23 to 27 (both inc:lusive) shall apply to the
ecution of the warrant and the dispclsal of the sale-proceeds.
(e) For the purpose of action under rule 23 no special order
e r be required, but if the
in writing of the c o m v i c ~ ; ~ n shall
public servant to whom the warrant is addressed charges any
subordinate with the execution thereof, he shall furnish such
subordinate with t special order i.1 writing to that effect, and such
subordinate shall then have authority to lake action under the
rule.
I ( f ) For the purpose of action ulldcr rule 26 the public servailt

! to whom the warrant is addressed mdy, witl~outfunher orders fro

the commissioner, sell or direct the sale of the property seize
and shall on completion of the sale transmit the proceeds to th
missioner, subject to such deduction, if m y , as may be ne
y to meet expenses incurred locally.
(g) It shall be unlawful for such public servant himse
any person subordinate to him to purchnsc directly or indir
property at any such sale.
*[29. Tf the tax due on account of any building or land remain
aid in whole or it1 part at the end of the period specified '
-r~.lc(1) of rule 21, the commissioner ]nay if the said tax h
ot reniained unpaid for more than twelve months require th
cupier for the time being of sucl; building ( br land to pay the amoun
___ . . . . . _ _ _ - --
- ~ --
I------
_-A _ - -I__

1 This expression was substituted for the expression " Preside~lcyof Madras "
the Tad1 Nadn Adaptation of Laws Order, 1970, which was deemed to ha
into force on the 14th January 1969.
he words " Provincial Government " wcre substituted for the words '#
mment " by the Adaptation Order of 1937 and the word " State " was su
for " Provincial " by the Adaptation Order of 1960.
es 29, 29-A, 29-B and 29-C were substituted for the original rule 29 by s
the Madras City Municipal (Amendment) Act, 1936 (Madras Act
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Madras City Municipal Corporation [I

ithin a specified period not being less than fifteen days and
xupier fd~bto complv with such requisition the cornnzissl
y distrain and sell an r movabll: property found on tho buil
land and the provisions of the forezoing rltlzs sh& mutat
utandis apply to all distraints nixi sales effected under this rule:
Provided that no occupi-r shell b.: liable to prosecution or
a civil suit in respect of any sum recove~ablefrom him under
s rule unless he has wilf~~lly prevented distraint or a sufficient

l[29-A. If any tax due f"*omany person remains unpaid in

whole or in part at the end of' the period specified in sub-rule (1)
of rule 21 and if such person has left '[ . . 1 India or cannot
be found, the said tax or such part thereof as lemains unpaid
together wit11 all sums payable in conaexioil therewith shall be
recoverable as if it were all arrzsr o f land revenlle.1
'[29-B. (I) Every petson who is prosecuted under sub-rule
(2) o f rule 21 s h d l b3 lisblc on proof to the satisfaction of the
magistrate t h2t h-2~ i i f olyl r3:n:tt~dto pay the arnount due by him
to pay a fine not cxce-dins twice the anlount vlhich may be due
by him on account of- -
(a) the tax and tho wiiriatlt fez, if any, and
(b) if distraint has t?ken place, the di:;tr.aifit fee and the
expellsos incidental to t! c tict(::;?inn 3 x 1 snl:, if any, of the pro-
perty dist~ained.
(2) Whenever any ps~~son is convicted of an offence under
sub-rule (1) the magistrate shall in addition to any fine which
may bz imposed recover suminarily and pay over to the corpora.
tion, the amounts, i f any, t l cc under t1-x heads specified ill clp,u%s
(a) and (b) of sab-riil{>(I), 3i1d may irt !)is discrctio~lalso lecover
summarily and pay to the corpora tic^^ such amount, if any,
is he may fix as thc costs of the prosecution.]
1[2g-C. Neither ihe cornmissioner nor ally municipal officer
or szrvant shall directly 01. indirectly purchase any property at
any sale of distrained properly held ullde; the foresoing tules.]
1
--- -
Rules 29, 29-A, 29-R and 29-C: were substituted for original rule 29 by section
230 of the Madras City Municipal (Amendment) Act, 1936 (Madras Act x of
1936).
n he word "British " was omitted by the Adaptation (Amendment) Order of
1960,
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PART VII.
MiscelZane o us,
1 (See section 138.)

1 30. The commissioner shall keep separate accounts of all

1i moneys received and expended for any purpose connected
with

'[(a)the water tax ;

(b) the drainage tax ; and
(c) the lighting tax.]
31. 2[Tn these rules] the expressio~~
'tax' includes paymeilts due
by way of composition for a tax.

SCHEDULE V.

(See section 141 .)

Authorized Expenditwe.
3[l.The purposes to which the municiral fund may be applied
include all objects expressly declared obligatory or discretionary
by laws or-rules, and in general everything necessary for or con-
ducive to the safety health, convenience or education of the citi-

1 These words, letters 2nd brackets were substituted for the words; letters an
rackets " (a) the water and drainage tax, and (h) the lig11ting tax " by section 23
E the Madras City Municipal (Amendment) Act, 1936 (Madras Act X of 1936).
were substituted for the words and figures "For the purpose
e ryles " by section 232, ibid.
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Madras City Muaicipcll Corporation C.1919 :T.N.

zens of Madras or to the amenities of the city and everything , .
incidental to the administration and the fund shall be applicable
thereto within the city subject to these rules and such further rules
or special orders as the '[State Governrilentj may prescribe or
issue ; and shall L. q~plicablethereto outside the city if the expen- )

diture is aubhorized by t h i s Act or specially sanctioned by the

'(State Government)].
2. The objects of expendi?[ire connected with the public safety
includethefollowing:--
(a) Lighting of publ~c streets and the provision, purchase,
exploitation and maintenance of gas, electric or other undertakings
for lighting pub1ic and pri irate streets, places and buildings ;
(6) Extinction of fires ,
(c) Control, supervision or removal of dangerous places,
buildings, trades and practices ;
(d) Regulation of traffic ;
1

(e) Prevention and reinoval of obstructions in streets or

public places.
5rQ
.
3. The objects of expenditure connected with the public healt
$6;
& include the following :-
is&.s (a) The construction and maintenance of hospitals
, and
.:.&, dispensaries and temporary places of reception within or withou
.
.i8 the city for the. treatment of infectious diseases oecurrin
in the city ; building hospitals and dispensaries and places
reception for the sick in general; contributing towards hospita
' .
?, " dispensaries or places of reception provided by the '[State Govern-
;: merit]; contracting for th6: use of a hospital or part of a hospital,
.hi
2 , dispensary, or p!ace of reception : combining with a
$ , ;% other local autholSity or with the ' [State Government]
: . provide a common hospital. dispensary or place of ~eceptio
~ 2 %

kt sending indigent inhabitants of the city to institutions outsid

.L the city for treatment ; the training of health o&cers,
'[medical practitioners], medical subordinates, sanitary
. inspectors and analjrsts
-- ----
; thc . trainillg of 3[midwives and]
, a The words a Provincial Governnlent " were substituted fcw the words '"~ocaj
Government " by the Adaptation Order of 1937 and the word '+State " was subst&
+
tuted for " Provincial " by the Adaptation Order of 1950.
Phese words were inserted by section 234 (i) (a) of the Ms,dras
endment) Act, 1936 (Madras Act X of 1936).
:These words were inserted by section 234 (i) (b), ibid.
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nd the provision of nurses fbr attendance on patients : - + I

from infectious diseases at the houses of such -: tt

'[the provision of health visitors, midwives and

attendance on maternity cases ] ; vaccination a d they-
ud supervision of vaccinators and the provision ofc'
ration of births, deaths and marriages ;
n of the inhabitants of the city ; and other measures;;

The construction, establishment, maintenance, s

and control of publk 'ma.rkets and slaughter-houses
shops, stalls, and plinths] ; of latrines ; of drains an
nage *works; of sewage farms 3[and all works for the '-1;
removal - or disposal of sewage] ; of' tramways ; P [ . . . . . .1 :; !:;

of water-works, drinking fountains, tanks and wells ; of wash-houses I--@-,

r 6[Sa1avaithuraikal] ; of parks, squares and gardens; the ..5 k*'
4
.,
+

lamation of unhealthy localities; and other sanitary measures ,-d

* -v*
Wi'

(c) The cleansing aud watering of streets and drains

cavenging ; the removal of excessive. or noxious vegetation;
the abatement of all nuisances ;
(6)The regulation and control of ofinsivc or dangerous
trades, of unhealthy buildings or localities, and of burial and
burning grounds and crematoria ; '~mprovementof buyial and
burning grounds and crematoria] and the provision of sites for
and the closing of burial and burning g r ~ u n d s; the provision of
new sites for off'ensive and dangercus trades and of special loca-
tions for factories ; the acquisition of congested areas and the
provisioii of new sites "whether within or withcut inunicipal limits1
to relieve congestion or to provide for the growth of
population ; improvement and reclaination nf land, planning,
, surveying and control of town extensions, wllcthcr within or
without the nlunicipal limits, redistribution of sites in such ex-
tensions; and all measures of a like nature.
I

These words were inserted by section 234 (i) (c) of the Madras City Municipal
'(~mendment)Act, 1936 (Madras Act X of 1936).
These words were inserted by section 234 (ii) (a), ibid.
These words were inserted by section 234 (ii) (b), itid.
.* The words '< and otber works for the removal of senagc " were omitted by section
234 (ii) (c), ibid.
8 This ward was substituted for the word " Dhobikanas " by section 97 (i) (1)
c Madras City M~micipal(Amendment) Act, 1961 (Tamil Nadu Act 66 of 1961). I,

rds were inserted by saction 234 iiii) of' the Madras City Muo~,kipaI
Act, 1936 (Madras Act X of 1936).
 LatestLaws.com

li(e) The acquisition, constr~~ction, maintenance, enlargement,

improvement, alteratiou , repail s, managamelit and letting of
dwelliug houses for the use of the working classes as well as the
middle classes alld of any buildings for the use or convenience.
F ~ the doing of any act
of the inmates of such dwaliing ~ O I I ~ Rand
or thing necessary or erpcdimt to facilitate any such undertaking
and the acquisition ol' !and and buildiilgs for any such purpose.

(0 The prevention of adulteration of food or food products,

maintenance of laborntorics for food and water analysis and
maintenance of research laboratories.]

4. The objects of expenditure connected with the public con-

venience, amenities and education include-
(a) The construction, nlaintenance, diversion and improvements
of streets, bridges, cir uscways, culverts and the like ; the regulation
of building ; the constl.ucliotl of model dwellings, 2[and the en-
couragement of co-operat ive building societies by loans, grants
of land or prizes] ; the remova! of projections and encroachments;
the naming of streets ; the numbering of houses; the planting
and preservation of trees in public streets and places ; the main-
tenance of public monuments;

(b) The colLo:ruction, mai ntenance, alteration and adornmeqt

of public halls and tl~eatrcs, the acquisition and maintenance
of recreation grot!nds, playing-fields and promenades :

(c) Subject to all provisions of law the construction, main-

tenance, purchase or e?t!,loitation of tramways and other
transport services, r n i l ~ a y snc t ioclttded, of telephone systems,
grass farms, dairies, p~lblicbakeries and 3[other agricultural,
illdustrial or trading coacer~ls]of public utility, whether within
or without the lnunicipal linlits, and whether or not in combina-
$.;
tion with other autkorities or persons, and subscription to
p
$4-
.
.L *i
~g
- 'G
' debenture loans of any such concern;
---------.---- -- -*

1 Clauses (e) and (f) in rule 3 were added by section 97 (i) (2) of the Madras City .
+ ,>-> Municipal (Amendment) Act; 1961 (Tamil Nadu Act 66 of 1961). . r

r.,
rds were inserted by section 235 (i) of the Madras Cit
Aci, 1936 {Mhdras Act X of 1936).
5zrEkzkzd f2rtk5lmxis-e
-
-*-I.,-
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- --..--Ad".- -

dras City Municipal Corporation 449

(d) The employment of veterinary officerr, the prevention
of diseases of animals, the provision of places for the treatment
of sick animals and the prevention of cruelty to animals ;
I

The provision and maintenance of

(e) zoological and
horticultural gardens ;
(j)The provision and maintenance of public libraries and
reading rooms, museums, art galleries, gymnasia or any other
institutions connected with the diffusion of mental or physical
culture ;
.
' [ ( f ) The construction of boat-houses and wharves ;

I
I
i -.
: (fff) The construction and mainteaance of stadia for sports
and recreation, club-houses, tous4ist-hon~es,model restaVnants,
cold storage rooms and undergroufid safety cellars for film stor-
age;]
(g) The provision and maintenance of elpublic baths, bathing
places and swimming pools] ;
.:
-a "

(h) The provision of music for the people ;

&. C
,*
&
: :I\

*-+$

8[(W~)the provision and maintenance of colonies for the ..,4q5

9i,
orporation establishment;]
( i ) The provision and maintenance of public clocks and
ck-towers or of a time gun ;
(*)The construction and maintenance of school houses 4[and
day meal centres in the city];
s[(k) Primary, secondary and high school education ;] - %!
e- s5e-

( I ) Technical and industrial education

<
::i
"&;

t "-*$st.
-
%

-
. :?
inserted by section 97 (ii) (1) of the Madras City M-i-
Nadu Act 66 of 1961).
r t'hc words " public baths and bathing placse - :$ j

on 97 (ii) (3), ibid.

d by section 97 (ii) (4), ibid.
This &use was substitutetfor the clause (k)by section 97 (ii)(6), ibid,
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6[(s) the provisio~iand maintenance of rescue homes.]

5. The objects of expenditure incidental to the admini

include-
@, ,
The provision and maintenance of a principal municipal
(2)
+.t:%
+
,k?! ' o&ce and record roam and of other offices with the cost of appur-
(n*'
3;'

.'r. ...
n':*

:4q
tenances and fittings and insurance;
;-

,, (b) Salaries, allo~ances , liveries, pensionary and provident

.
a - t

. L. fund contributions, gratilities, and pensions, and the cost of hire of

vehicles for the corn~nissioner and the municiphl officers
and servants ; study leave allowances of professional officers
--- -.--..... .--
- - - - -
These words were inserted by section 235 (iii) of the rMa&-ar City M w p a l
(Amendment) Act, 1936 (Madras Act X of 1936).
These words were added by section 235 (iv), ihid
a These worrls were inserkd by section 236 (v) (a), bid.
4 These words were added by section 236 (v) (b), ibid.
6 This dawc was added by section 236 (vi)? ih.4.
5 --- .
 LatestLaws.com

lanation.-'Salary' for the pvrpose of this rule shall

the privilege, if any, granted by the corporatiun of
g payments in kind in lied of the whole or a portion
f the salary by purchasing articles from the corporation at such
rites as the corporation may fix from time to time.]-

(c) Stationery, printing and all office and advertising ex-

es including the cost of reporting the discussions of the coun-

(d) Legal expenses ;

8[(e) Election expenses];
(f) Auditors' fees ;
(g) The provision and maintenance of municipal wo~k-
shops ; 4[and factories for the manufacture of electrically-driven
vehicles, lorry stations and a fleet of motor vebicles for municipal
purposes ] ;
(h) Municipal surveys, the preparation of maps of the cit
d of proposed extensions ;
(i) The preparation and mainteniinf:e of a record sf right
movable property ;
0) The acquisition of land for all or any of the purposes

These words were inserted by section 236 (ij of the Madras City
mendment) Act, 19315 (Madras Act X of 1936).
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452 .i@adras City ikfzmicipal Corporation [ 1919 :T.N. Act ItV

1 The following rules 6 aad 7 in Schedule V, which were substituted for rule 6
by ststion 97 (iv) of the Madras City Municipal (Amendment) Act, 1961 (Tamil Nadm
Act 66 of 1961), were omitted by section 33 of the Madras City Municipal Corporation
and Tamil Nadu District lvlunicipalities (Amendment and Extension of term of
omce) Act, 1911 ('Tamil Nddu Act 22 of 1971) :--
6. aubject to such rules as may be prescribed as regards the detailed specifi-
cation of services, works and institutions, it shall be the duty of the central cornmitt*
to make such provision as it thinks fit for carrying out the requirements of the city
in respect of the following matters, namely :--
A. W a t e r - ~ ~ ~ pw'rainage,
ly, sat~itationand I&Af ileg-
(i) Water-supply;--All items of work connected with the construction, a)abli-
shment, maintenance, supervision and control of water works and protected watm
supply except items of work relating to routine repairs and routine maintenam.
Explanation.-In this rule and in rule 7, the expreusions "routine repain "
,c and routine maintenance " mean such items of work as may be specifid by the
I
?.I
*i State Government by ordcr Ltiom time to time.
(ii) ~rainage.-Constru~ti~nof drains (open and underground) includinO
comexion of house drains with public drains and the construction of wwag~furm
-
and all works for the removal or disposal of sewage.
(iii) Lighting.-Provision and maintenance of electric lights in all public a

B. Health protection-
(iv) Water analysis.
(v) Prevention of a jul~erationof food.
(vi) Control, supavis;on or removal of dangerous places, buildings, trades
and practices.
(vii) Preventive and remedial measures coimnected with any epidemic or
doeasas or with malaria.
(a) Opening and maintenance of burial and burning grounds.

C. Medical relief-
(h)Opening and maintenance of hfwtlous dlseases hospitals.
(x) Opening and maintenance of tuberculosis clinics.

I). Public amenities-

. > (3kfaintenancc of Peoples' Park and Zoological Gardens,
( i i ) Ikov&ion and maintenauce of public cl ockr anll clock-towers
of a ti
$lln'
 LatestLaws.com

City Municipal Corporat

Ixiv) Welfare of labour.

E. Renzzulerative enterprises-

vi) Opening and maintenance of public markets and control of private

xvii) Control of fairs and festivals.
-
(xx) Establishment and maintenance of lorry stations.
(mi) Sports stadia including swimming pools specified as such by the

(xxii) Framing of schemes relating to fisheries.

(xxiii) Establishment and maintenance of cold storages.
F. Commurt icztiorrs-
(xxiv) Construction,$-epairand maintenance of roads classified as gsantral
roads", construction and reconstruction and maintenance of bridges on 6a central
roads" and construction and reconstruction of bridges on 6 6 circle roads " :
Provided that only bus routes shall be classified as central roadsw, all
,th, roads being classified as ''circle roads ". "

(XXV) Maintenance of quarries in Pallavaram including the establishment

mployed in connection with those quarries.
(mvi) Purchase and maintenance of steam and motor road rollers and l o h m
and the maintenance of a Central Asphalt Plant.
a. Education-
(xxvii) Opening and maintenance of secondary schools.
(xxviii) Provision of mid-day meals and cl~thingto poor children in schools.
H. ~own-pl9nni?lg-
(*xi*) ~ l matters
l connected with town-planning in the city.
(,,x) Ho~~sing, including the clearance and improvement of slums.
(7) s&ject to such rules as may be prescribed as regards the detailed specification ,
of services, works and institutions, it shall be the duty of the circle committee to make
such provision as it thinks fit in respect of the following matters in so far as they
to the circle concerned
A, ~ ~ t ~ ~ - ~drainage,
~ p p l sanitation
. ~ , and ii'hting-
(i) water-supply.-All items of work relating to routine repairs to and me
of watersupply mains and connections.
(ii) ~ ~ ~ i ~ ~ . -repairs
R ~ LO~ and
t h maintenance
e of
Un&grOund) already constructed*
 LatestLaws.com

(iv) L&hting.-Pr0visio.n of oil :lights whzre electric lights have

introduced in streets.
B. Health protection (including maternity and child werfare)-

(vi) Reatration of l~irtlisand deaths.

(vii) Vaccination.
C. Medical relief- ,
(viii) Opening and maintenance of dispensaries.
.
(ix) Opening and rxainrenance of Public Health Centra.

~ D. Public amenities-
(x) Opening and maintenance of reading rooms.
(xi) Provision and maintenance of public baths or bathing places.
(xii) Fstablishment and maintenance of wireless receiving sets, play-.gro~n&~
parks other than the Peoples' Park and Zoological Gardens and sports clubs and
centres pf physical culture, not being sports stadia.
E. Remrmerdivc cnlcrprist;:s--
(xiii) Opening and ~~uintenancc of art-stands including rickshdw*tands
a d public cattle sheds and the mainteuance of shelters in bw-stops.

I ;.<I . .
-*$f
(f
(xiv) Opening and mailltenance of Salavaithuraikal and cattle yards.
::
,>
F. Communications-
1 \* (XV) Construction, rep& and maintenance of all "circle roads9*.
I (xvi) Mai; ' vance of bridges on " circle roads ".
(XV::; Construction, reconstruction, repairs and maintenance of culverts in
circle roads.
(xviii) Maintenancy of llalltc boards of all streets and roads in the ae
both 'circle roads' and central roads').
fiplanatiotz.-Nothing contaii.cd herein shall be deemed to affect the powa
of the council under sectice '28 as regards the naming of new sheets or c h a m g
the names of Streets,
(xix) planting and preservation of trees on the sides of all public streets in the City. 4

; ?,
r4
0.Education-
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- .w7=
---.+--&-L, I.---
.. . - . --..

.Act N] -Wadras City Municip~ICorporation 456

The' commissioner may, with the sanction of the

1, contribute towards the expenses of any p ~ ~ b lexhibition,
ic
emony or entertainment in the city.
9. T5e commissioner may, with the sanction of the
ncil, defray the cost of the preparation and presentation
ddresses to persons of distinction.
. The com~nissioner may, with the sanction of the
cil and of the l[State Government], contribute to any fund
he defence of the city 2[or India], to any charitable firid,
the funds of any institution for the relie'f of the poor
ireatment of disesse cr +:fi-vity or the reception of the
ed or infirm persons or the investigation of the causes of
e [or inincur any other extraordinstry charges].

e ' Municipal Fund Account' :

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456 Madras City Municipal Corporatio

12. '[(!)I All orders or cheques against the municipal fund
s h a ba signed b the commissioner or in his absence by the revenue
g
ofticer and the ank in which the fund is lodged shall, so far as
'

the funds to the credit of the corporation admit, pay aJl orders
or cheques against the fund which are so signed.

l[(2)] If the council shall have given previous authority in

writing, such bank may at once pay out of the municipal fund
without such order or cheque any expense which 'the a((S~ta
Government) have incurred on behalf of the corporation.
13. The payment of any sum out of the municipal fund may
be made or authorized by the commissioner if such sum is cove--
red by a budget-grant and a sufficiiend balance of such budget-grant
is available.
14. The payment of any sum out of the municipal fund may
be made or auth0rize.d by the commissioner in the absence of
budget provision in the case of-
(a) refunds of taws and other moneys authorized by law,
rule, by-law or regulation ;
(b) repayments of moneys belonging to contractors or other
pasons and held in deposix and of moneys collected or credited
to the municipal fund by mistake ;
(c) costs incurred by the commjssioner in the exercise of his
powers under section 1 1 of the Act ;
(d) sums payable under section 43, sub-section (I), clause
(c), and se&tion 153, sub-section ( A ) of the Act ;

e under a decree or order of a civil court passed

(e) sums p~yabl
against the corporation or under a compromise of any suit or legal
or claim ;
0 any sum whicl-1 the commissioner is required by law, rule,
by-law or regulation to pay by way of compensation or exptnses;
1 Original rule 12 was rent~mberedas sub-rule (I) of rule 12 and new s u b d e (2)
was added by section 238 of the Madras City lvfunicipal (Amendmeat) Act, 1936
(Madras Act X of 1936).
a The words " Provincial Government " were substituted for the words 6 6 ~ 0 ~ ~
Government" by the Adaptation Order of 1937 and the word ''State" was
tuwfor " Provincial " by the Adaptatim Order of 1950.
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Provided that t 11e commissi~nershall forthwith communicate

the circumstances to the '[standing committee] which shall take
any actioli that may in the circumstances be necessary or expedient
to cover any expenditure not cbvered by a budget-grant.

Audit, .Czarcharge arzd DisalZo wance.

I 16. The auditors appointed under section 140 shall maintain

and keep a continuous audit of the .municipal accounts.
17. (1) The commissioner shall submit all accounts to the
auditors as required by them.
I
(2) The commissioner shall make ready the annual accounts
and registers and produce them before the auditors for scrutinp
not later than the first day of July in the p a r succeeding that te
which such accounts and registers relate.
18. The auditors may-
(a) by summons in writing require the production of any
document, the per::sal o r 2 ~ n ; n a t i o nof which they believe news-
sary for the elucidatioll of the accounb ;
-
1 The
-- - A
-

words "corpol ation accounts committee" were substituted for the words *;:*

(Tamil Nadu Act 22 of 1971).

Fort St. George G

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. I -

,\

Madras City z ~ ~ i c i p nCorporatio

l

' (b) by summons in writing require any person having th

custody or control of any such document or accountable for it t
appear in person before them ;
(c) require any person so appearing to makc and sign a
'; declaration with respect to such document or to answer any question
or to prepare and filrnish any stateme2t relating thereto.
19. The auditors sl~all-
(a) report to the '[standing committee] any material
impropriety or irregularity which they may observe in the expendi-
re, or in the recovery of moneys d ~ l eto the corporation or in the .,',
unicipal accounts ;
(b) furnish t- the '[standing con~mittee] such information as
th- said co-mittee may require concerning the progress of their

(c) report to the '[standing committee] any loss or waste of

': , money or other property owned by or vested in the council caused
by neglect or misconduct, with the names of persons directly or
indirectly responsible, for such loss or waste ; and
 LatestLaws.com

-A. Copies of all correspondence add

ing committee] or its chairman-
on all matters falling within the scope

on such other matters of impor

om time to time determine
all be sent simu1taneously to I

or by the chairman of the 4[s

every such case, certify the amount

on 239 of the Madras City Municipal (Amend-

' were substituted forethewords '%-1

f 1937 and the word "Sta+fiw sub~t:- ' ,
Order of 1950. I

nt Notification No. 943,

of the Fort St. George
Local Administration
at pages 39 to 58 of >

dated the 27th April

ituted for the words . 5.,

.frL
ras City Municipal ' i
e words standing . ..
aunts conlfnittee" ,,+ *
oration and Tamil ,G
f ofla) Act, 1971
I
. I
'3
1

+
T
<

r 6These wards were substituted for the word authorizing " by section 240 @
.. . i ofthe Madras City Municipal (Amend 1936 (Madras k t X of 1936). .;
'
.. ** .
7~3e&&&.'.* $0 . . ..
 LatestLaws.com
LatestLaws.com

(2). The auditors stall state in writing the reasons

decision in respect of every disallowance, surcharge or cha
furnish [by registered post; a copy thereof to the person
whom it is made,
[(3) If the person to whom a copy of the auditor's decision '

is so furnished refuses to receive it, he shall ilevertheless be deemed

to have been duly furnkhed with a copy of such decision within
the meaning of sub-rule (2). The period 0'' fourteen days fixed
in rules 22 and 23 shall bc calculated fsotn llle date of suclz refusal,]
22. Any person aggrieved by disallowance. surcharge or charge
madu may, within fourteen days after Ile has received nr been served
with the decision of the nudiior, either (a) apply to the Court of
Small Causes of M:idr:~s, notwl~i~si,l~L;Ling anything contained
in the Presidency Small Caose Courts Act, 1882, t o set aside such central
disaliowance, surch.a,rg: or charge and the court, after taking such Act XV
evidence as is necessary may confirm, modify or remit such disaIto- of 1882.
wance, surcharge or charge with such orders as to costs as it may
think proper in the circl~mstances; or (b) in lieu of such applica-
tion appeal to the [State Government] who shall pass such
orders as they think fit.
23. Every sum certified to be due from any person by auditors
I under this Act shall be paid by such person to the commissioner
within fourteen days after tile intimation to him of the decision of
the auditors unless vritl~inthat time such person has appealed
to the court or to the [ S k t e Government] against the decision ;
and such sun1 if not so p').id, or such sfin1 as the court or the ;)[State
Government] shall declare to be due, shall be recoverable on an
application 4[made by tFe commissionerJ to the court in the same
way as an amount decreed by the court.
24. The corporation sl~allpay to the auditors out of the munb .
cipal fund such remuneration as the '[State Government] may
determine.

These words ~ e r ei n s c r t ~ dby section 2.10 (ii) of the Madras City ,Municipal
(Amendment) Act, 1936 (Madras Act X of 1936).
2 This sub-rule was added by section 240 (iii), ibicl.

3 The words "P1.o ,,incia1 Government" were substi tuied for the words " k l
Government" by the Adaptation Order of 1937 :!nd the word "State9' was sub-
stituted for 'bProvincial" by t1.e Adapt~ition Order of 1950,
$These words were inserted by section 241 of the Madras City Municipal
(Amendment) Act, 1936 (Madxis -Act X o f 1956).
 LatestLaws.com
LatestLaws.com

1919 : T.N. Act IV] Madras City ~dunicipai~ o r ~ o r a t i o n461

PARTIV. .
Form of Accolrnts. I

8
i 25. The couilcil shall make regulations, subject to the approval
1 of the 1 [State Government] to provide for-
(a) the form in w hich the budget astimates, budget statements
alld returns of the corporation shall be kept ; and
I (b) the form in which the accoui~tsof the corporation shall I
i be kept.
I

i
i

2[SCHEDULE V1.1
I
(See seeti011 287.)

Aerated waters---Manufacturing.
Ammunition-Storing, packing, pressing cleansing, preparing \:;

or manufacturing by any process whatever.

4 [Arrack- Manufacturing;]

Articles made of flour-Baking, preparing, keeping or st

far human consumption (for other than domestic use).
.
7 #Z1.

Ashes-Storing, packing, pressing, cleansing, prepaiing or. sx2+

brP
manufacturing by any process whatever, dumping or sifting. - .
I-
.;:g
,
%+

- ---
1 The words " Provincial Government " were scrbstltuted for the word
'Local Governmentw by the Adaptation Order of 1937 and the word cc State*
was substituted for " Provinoial" by the Adaptation Order of 1950.
:Th i t Schedule was substituted for the origina !Schedule VI by section 242
iktMxdras City Municipal (Amendment) Act, 1936 (Madras Act X of 1936).
a This word was sut stituted for the word U P R E ~ I S ~ Sby
' ' section 98 (j) 0
the Madras City Municipal (Amendment) Act, 1961 (Tamil Nadu Aot 56

4 This entry was inserted by Public Health Department Notification, &

e 4th May 1948, published at page 64 of the Rules Supplement to Part 1-A
f the Fort St. Gmrge Gazette, dated the 18th May 1948.
 LatestLaws.com
,.. .

462 &adrus City %'lunicipaZ Corporatiot~ [

'IBeedies-(Becdi lenves) inanufacturing, storing or
[Beer-brewing.]
E iscui ts-Baking, preparing, keepillg or stc.rirzg for
';,nsumption (for other tllaii domestic use).
Blood-Storing, packing, pressing, cleansing, preparing
manufacturing by ally process whatever.
Bones-Storing, packing, pressing, clealzsing, prep
by any process whatever.
.le or retail or storing for w

Brea d-Baking, preparing, keeping or storing for hu

sumption (for other t h m domestic use).
Brjoks-Manufacturing.
Camphor-Storing, packing, pres
manufacturing by any process whatever or boiling.
. Candles-Packing, pressing, cleansing, preparing or man
turing by any process whztever.
Carpets-Manufacturing.
[cashewnuts-burning and extracting kernels from oashe
Catgut-Storing, packing, pressing, cleansing, preparing
manufacturing b.y any process whatever.
Cement-Packing, pressi ug, cleansing, preparing
facturing; by any process wltatever.
Cr

Charcoal-Dumping, sifting, selling or storing.

- --- --- .-.
This entry was inserted by section 98 ( i i l of the Madras Cit
1
(Amendment) Aot, 1361 (Tamil Natlu Aot 56 of 1961).
8 This entry was inserted toy I'ublio Health Department Notification;'
the 4th M a y 1948, published et page 64 nf t b ~R11les S l ~ p p l e m ~to~Par
t
of the Fort St. Geo,rgr Ga: ?tip dated the !8; h &lay 1948.
3 TJ& cat,r?'w:.s i-.;*.-: <-5 4.. PLVL;: li",?; .:1
dawr3rkr ---
-
--:.>X*-
---
'
&\-Zq-, 'i..,
'-.. . r . , ?
....- :-.. - -.-
- .a.
_ C
- _ -.-- -_
---
*,e-p -
..-.

,
:
. -
.
.
..
*
-- . -a&-
. .
,-L.
. * .,.-
&;-

section 98 (iii) of the Madras

u Act 56 of 1961).

,
 LatestLaws.com
LatestLaws.com

Chillies--Grinding by machinery.

lesale or retail trade.]

Chlorate mixture-Storitg, packiag, pressing, cleansing, pre-
paring or manufacturing by any p r o m s whatever.
Cinders-Storing, packing, pressing, cleansing, preparing or
manufa5turing by any process whatever. dumping or sifting.
[Clothes (second-hand)-storing, selling or h i r i y , ~econ.'-band
clothes, blankets, mattresses, pillows or L :-'.ling.]
Cloths-Dyeing. -
Coal-DU mping, sifting, selling or storing.
Coconut fibre-Storing, packing, pressing, cleansing, preparing
or manufacturing by any process whatever. I
Combustible material-Storing. I
Comesti bles-Baking, preparing, keeping or storing for human
consumption (for other than domestic use). I

Condiments-Manufacturing.
Confectionery.-Baking, preparing, keeping or storing for
human consumption (for other than domestic use).
B 3 [Cotton-Selling wholesale or retail. storing for wholesale ,:,*7:
or retail trade or for conversion into yarn, packing, pressingp~
cleansing, preparing or manufacturing by any process whatever;':; f#
- ----- - *' .I ;
1 This cntry was substituted for the entry relating to " chillies (dried)h ,4dn
jf!
.
by Public Health Depart~nentNotification N o . 295, dated the 3rr' July 1944,' '2,
I published at Page 181 of Part I-Aof tho Fort St. George Gdzette, dated the' -h
i 11 th July 1944.
'
This e n t r y xxes i v s ~ r f dhy section 98 (iv) of the Madras Citg ,; $;
Municipal (Amendment) Act, 1961 (Tamil Nadu Act 56 of 1961).
3 These ~n tries were substituted by Public Health Department ~~otification
3
.
'.a NO.401, dated the 29th September 1944, published at page 239 of Part I-A " !
'
:i
of the Fort St. George Gazette, dated tho 3rd Octobzr 1944, re-enacted a%;&
I'
permanently with retrospective effect on and from ithe 30th April 1948 by &?,;
Public Health Department Notifico tion, d a tcd thc 28 [ l i March 1949 publi-, ,
shed at pagcs 23 to 32 of' thc Rules SuPplcmcnt to Part I-A of the hart St..
, , , George Qaxette, dated the: 6th April 1949, for the entry relating to " cotton
- ..; . cotton refuse, cotton seed" es amended by Public Healtl~Department Not
><,:ft*"L";<".'
, .,*. cation No.295, dzted. the 3rd July 1944, published at page 181 of Part ?-A
a d

$.,.q the Fort St* George Gazette, dated the 1 1 th July 1944 re-enacted
'"'"

,
;.. ., by Public Health Department Notification, dated'the 28th '
qi,*<;;-h*;y*
,a . i .

- --
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7 '

yft.
%
. , . 464 ~ a d r a City
s Munici,oal Corporation [I919 :T. N
"i?

Cotton refuse, cotton seed-Selling wholesalz or retail, s

y ~ wholesale
r or retail trade, packing, pressing, cleansing, pr
or manufacturillg b) a i1y process whatever.]
Cowdung cakes-Stori ng, packing, pressing, cleansing, preparing
or rnanufactur ing by n r ~ yprocess whatever.
, Dyes-Packing, pressing, cleansing, preparing or manufac-
turing by any process whatever.

Fibre--Selling or st01 i ng.

Fat-Storing, packing, pressing, cleansing, preparing or manu-
facturing by any process whatever.
Fins-Storing, packing, pressing, cleansing, preparing or manu-
facturing by any process whatever.
Firewo~d--,':~'ing or storing,
Fireworks-Storing, packing, pressing, cleansing, preparing
or manufacturing by any process whatever.
Fish-Storing, packing, pressing, cleansing, preparing or manu-
facturing by any process whatever.
Fish ail-Storing, packing, pressing, cleansing, preparing or ,

manufacturing by any process whatever.

Flax-Storing, packing, pressing, cleansing, prepariag or manu-
facturing by any process whatever.
a .
,{&
% ,;'
Fleshings-Storing, packing, pressing, cleansing, preparing or
&a, .,
I+" . manufacturing by any process whatever.

Flour- l[Selling wholvsale or retail, storing for

etail trade], packing, pressing, cleansing, preparing
facturing by any process whatever.
Fuel-Using for a ny industrial purpose.
 LatestLaws.com
--- > .
' ---- --- y:*FY
*-
*?-- 4-

i
.,' I
(

Madras City Munic@al Corporation 465 '

Fulminate of mercury-Storing, packing, pressing, cleanhi ng,

preparing or manufacturing by any process whatever.

< Garlic-Storing or packing.

Gas-S"~'o.i"ing,packing, prmhg, c l ~ n s i n g ,preparing or manu-
facturing by any process whatever,
' 4~

Ghee-Storing, packing, pressing, cleansing, preparing or manG i"

facturing by any process whatever.
$
[Glass-Indu stry.] , ?#
; .$

Gold-Refinii~g . i,n
" *
.
[Grain-Selling
4 wholesale or retail, or storing for wholesale <x

' . or retail trade.]

Gram-Husking by machinery.
Grass-Selling or storing.
[Gravel a r metal--Digging.]
3 '

, [Groundnut-Selling
4 wholesale or I etnil, or storing for whole-
$2
sale or retail trade.] "$4.
$4
Gun cotton-Storing, packing, pressing, cleansing, preparing
or manufacturing by ally process whatever.
Gunny-bag-S t oring, packing, nress ing, clcnn si ng, preparing or
i
manufacturirig by any process whatever*.
-__.- - * -I-- -- -_I. I -
____._--I---- .. _.- . . . ---.--------
I This ot~tt'y \v:tt' il1%.?l'it4ii I)!' : ; ~ o l i o :OS ~ ( \ , 01' l!lc M : ~ ( ~ I -( ~- j:~~y,M ~ ~ ~ ~ i c i -
p,tl ( A I I I o J I ~ ~AIv Il ,I I~t ) ~( + l~ (~' i~' , ~t'1 1 1 I N~ILILI
Act 5 0
t p l ' 100 I ) .
cc
a Tllis ent cy w;i; substituted for thc entry relating to grain" by Public
Health Departmejlt Notification NO. 295, dnted the 3rd Tuly 1944.
published at page 18 1 of Part 1-A of the Fort S t . George Gazette, dated the
11:11 July 1944, re-enacted pern~anentlywith lotrospectivt: effect on and
from the 30th April 1948 by Public Health Department Notification, datc;d
the 28th Marc11 1949, publisl~eda t pages 23 to 32 of the Rules Supplement to
Part 1-A of the Fort St. George Gazette, dated the 5th April 1949.
3 This entry was inserted by section 98 (vi) of the Madras City Municipal
(Amendment) Act, 1961 (Tamil Nadu Act 56 of 1961).
c<
4 This entry was substituted for the ontry relating to groundnut by
Public Health Department Notification No. 295, d a k d the 3rd July 1944,
publish4 at page 181 of Part I-A of ths Port Xt, George Gazette, dated the
11th July 1944, reeenacted permanently with retrospective effect on and
from the 30th A p ~ i 1948 i by Public Health Department Notification, dated
the 28th March 1949, pilblished at pages 23 to 32 of the Rules Supplement t o
Part I-A of the Forr St. George Gazette, dated 5th April 1949. I

12513-38
 ., * g,Fc s,*y
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\*+Tg+

. ,:
**?
:i..

;66 Mddras City Municipal '~hrporatioa [I919 :

Gunpowder-Storicg, packing, pressing, clea

facturing by any process whatever. '.:*, : :+. .
%:i & -
%*3,&
5..

."I,*;
c .
Hair-Storing, packing, pressing, cleansing, preparing or manu-,
* I.
.
facturing by ally proccss whatever, dyeing or drying. ,. 1r ,

.. '
Hay-Selling or s t ~ r i n g .
e ls

Hemp-Storing, packing, pre ~ s i n g , cleansing, preparing cr

manufacturing by a n y process whatever.
Hides-Storing, pac Ling, pressing, clurrnsi ng, preparing or
manufacturing by any proccss wlzatcvc:..
Hoofs-Storing, pdching, pressing, cleansing, preparing or
maizufacturiilg by ally prdccss whatever.
Horns--S bring, packing, pressilly, cleansing, preparing or
manufacturing by any r>roce;s wlralever.
[Ice-Mau ufac,ur1 I I ~ ,storing or sclliiiy ;
Ice--Articles inal ulilctured out of ice or in the manufacture of
which ice forlns the 111ilin ingredient--storage or sale.]
[Jaggery-Selling wholesale or retail, storilig for wholesale
or retail trade, pacl:ing, pressing, cleansing, preparing or manu-
faoturizp by any process whatever.]
Jute-st or in^, paokiilg, pressing, cleansing, preparing br man u-
faoturing by any process whatever.

Lac-Storing, packi ng, pressing, cleansing, preparing or manu-

facturing by any proces whatever.
Lead-Melting.

i~ h e s eentrics wcrc s u h i i t u l c d fur thc cn try rolating to " ~ c byp section

98 (vii) of the Madras City Murlicipal (Amondmcnl) Act, 1961 (Tamil ~~d~
Act 56 of 1961).
2 This entry .. substituted for the entry relating to " Jaggeryyp by
lublic Hc 'th Depar trnell t Notification NO. 295, da~edthe 3rd july 1944 .
published at page 181 of Part 1-A of the For6 23. George Gazette, d a W
11thJuly 1944, re-enacted pzrmanently with retrospective effectonand
from the 30th A ~ r i l1948 by Public Health Department Notiscation, dated .
the 28th March 1949, publihed at pages 23 lo 32 of the Rules Bupplement
to Part GAqf the Fort St. George Ggzette, dated the 5th April 1949.
 LatestLaws.com
LatestLaws.com
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.-LJ., ,
" i L * K , ~ e 4 ' I

2 .-* .. I: '

N. Act IV] Madras City M wzicipal Corporation 461

Leather-Storing, packing, pressing' cleansing, preparing or

, , manufacturing by any process whatever. L

I.: .
Lime-Storing,
manufacturing
.
packing, pressing, clean~ing, preparing or
b y any process whatever.
Limeshelis-Storing, packing, pressing, cleansing, preparing or .
manufacturing by any process whatever.
. Manu1e-Storing, packing, pressing, <:leansing, preparing or
i
%
% \
manufacturing by any process whatever.
"
[Machinery-Other than such lnaclhinery as may, by noti-
. fication, be exempted by the State Government from time to time-
, .
using for any industrial or agricultural purpose.]
Matches-Storjl~p, p;:::i::,-, pressing, cleansing, preparing or i '

manufacturing by any process whatever.

. ,

Meat-Storing, packing, pressing, cleansing, preparing or

manufacturing by any process whatever. ..
*
**
[Metals--Beating, breaking, digging, hammering, casting, etc. r

I .
<

L, -f?
* ;,
Mineral oil-Storing and selling (wholesale or retail).] ,*
,*:

Nitro-compound-Stori~lg, packing, pressing, cleansing, pra-

a g or manufacturing by any process whatever. *"

Storing, packing, pressing, cleansing, preparing , -

ufacturillg by any process whatever.
toring, packiog, pressing, cleansing, preparing +

ally process whatever.

ffal-Storing, paoki 11y, pressing, cleansing, preparing or

nufacturing by any process whatever.
, . :*.,+$e ~
.7 .*
king, pressing, cI.eansin:, preparing or manu- ,
."2,*$
r 0

ring by any process whatever or boiling. ,

*:,:
PC

-
!

-. c .-is;
L "i"2;-
stituted for the entry relating to "Machinery" by section
City Municipal (A rneudment) Act, 1 961 (Tamil Nadu,

ec, were !;ubstituted for the entry relating to "Metals" by smtioa

_.
 LatestLaws.com
LatestLaws.com
468 ~ n :T, N. Act 1V
Madras City Mrtnicipul C o = ~ o r . ~ ~ t i [I915
[G,i cakes--Selling wholesale or r--tail o; staring for wholz-
sale or retail trade.]
Oil-cloth- st or; frj, ~ w k i n g , prcvi ns, cicmsing, preparing or
:llailufacturing by any prut:&: whaicvui..

Paper-Packing, p: B S E :IS,
~ cleansiug, preparing or manufac-
curing by any proccss whtever.
2 [Petroleum products--Storing, packing-, pressing, cleansing,
preparing or n.tanufacturing by any process whatever :
Provided that no licence ui~derthis Act sl~allbe required for storing
petroleum and i t s p\*oducts in quantities exceeding those to
which tl~euperation of this Act i s limited by the provisions of
the Petrolellin Act, 1934, or t l rules~ ~ or notifications issued
thereunder.]
Pitch -Storing, packag, pressing, cleansing,preparing or m u - .
facturing by any pr gcess whatever.
pottery -Packing, pressing, cleansing, preparing or m a n u b -
turing by any process whatever.
'[pulses and agricultural products which is likely to attract rats-
Selling wholesale or retail or storing for wholesale or retail trade.1
R a g -St~ring, packiug, pressing, cleansing,preparing or manu-
. f acturing bv any process whatever.

Resin (iidudifig rosill) --Storing, packing, pressing, cleansing,

preparing or manufar:tl.r ri llg by process whatever. ,

1
sago-Manufacturi~lg or distilling.
-entry was-inserted by L'ubliu Health Department Notification
-This - .-- -
--a
_-_
_ ___ -
No. 296, dated
the 3rd July 1944, publisl~e~l at Page 181 of Part 1-A of the Fort St. George Gmette,
dated the 1lth July 1944, re-c:aac;tedpt3rmanently with retrospective effect oa and
from the 30th April 1948 by Public Health Department Irfotificatioo, dated the 28th
~~h 1949, ~ublishedat pager 23 to 32 of the Rules Su~p,plementto part 1-A of the
~~~tst. George Gazette, dated tile 5th April 1949.
a This entry was subsritu;od for the entry re!aii!ig to sc Petroleum' pro-
dllcls w by public Hsalth 3ep~rl1nent Notiileation No. 15, dated the 9th
Jaquar 1945, pub1ish:d Pa@ 112 01 r 4 1 A -A df t [I,. Fon 81.Georga
i
dated t e 16th Januar~r 1945, ra--cnacted perman-ntly with retrospective veef*t ,
on an1 from the 30t? A ~ r ' 1 . ;9*8 by Public H e a l t h Department
~otificatj~~,
da:%dthe 28th Maid: 1924.p1:blished - /Q
a t p a g e s 3 ti. 32 of the For# sg.~,,,,.,~,
~ ~ ~ ~ i f ~ , :he
b e I:k 4
t e .April
d iY+d.
 LatestLaws.com

Saltpetre-Sroriqg, packing, pressing, cleansing, preparing or

, manufacturing by any process whatever. I

. h,

Shellac-Storing, packing, pressing, cleansing, preparing or manu- \

facturing by any process whatever.

Silk-Packing, pressing, cleansing, preparing or manufacturing
by any process whatever.
Skins--Storing, parking, prcssing, clcaflsi~lg,preparing or manu-
facturing by. any process whatever.
Soap-Packing, pressing, cleansing, preparing or man~lfacturing
by any process whatever.
Spirits '[that is to say, 'any liquor contwning alcohol (whether
denatured or not) 1-Storing, packing, pressiiig, cleansing,
preparing or manufacturing by an1 proccss wliate-dei'.
Straw -Selling or storin g .
Sugar--Packing, pressing, cleansing, preparing 01- manufacturing
by any process whaiever.
Sugar-candy -Packing, pressing, cleans'ing, prcpating or manu-
facturing by any process what!ever. I
O .

Sulphur -Storing, packing, pressing, elcansing,. preparing or

manufactoriilg by any process whatavcr or melt mg.
Surki --Storing, packing, pressing, cleansi slg, preparing
.-
a or m a n ~ .
facturing by an;r process whatever.
' Sweet-meats -Baking, preparing, keeping or storing for 11nman
consumption (for other than domest~ctl sc).
-

9~[Syrup --preparing or tnai~ufiicturi~lp by an-! process whatewer.]

C

Tallow --St >ring, packing, prcssing, clcansi ng, preparing or lnanu-

f'cturifig by any procss w l ~ nr3ver
l or mlting.
-- -- --- ------------
.
$
-
$
:,'

*
1 These words were inserted by Publio Health Departmen1 Notification, dated the , r t

4th May 1948, published at page 64 of the Rules Supplement to Part 1-A of the For4 *-,
St. George Gazette, dated the 18th May 1948. 2..
t Notification No. 151, dated
of the Fort St. George Gazette,
with rctrospcctive effect on and
Notification, dated the 28th
Supplement to Part I-A of the
 LatestLaws.com

i '
{tt , Tar --Storing, packir. g, pressing, U;,,ria;ng, preparing or mmu-
@it facturing by any process whatever.
.s,>
.
I.

5. Thatching materials -Selling or storing.

>1-,,
~;i Tiles -Manufacturing .
*,&'
A
Timber -Selling or stori a g .
Tobacco (including snuff, cigars, cigarettes and beedies) --Storing,
packing, pl+cssin y. preparing or m;inulbct urin g by any process
what ever.
'
Turpentine --Storing. packing, pressing, cleansing, preparing
or man~~facturing by any process whatever.
i Wool -Storing, pack in 9 , pressing, cle.tnsing, preparing or manu-
~ facturing by a11y p~-~.~ccss
Yarn-Dyeing.
wl~,dever,clycii~gor drying.

Provided that no licence shall be required for the storage only of

any of the articles nlriitioned in this Schedule or ' [for boiling.
- paddy or for keeping soiled clotlhes or washed clothes or for
washing soiled clothes when such storage, boiling, keeping or
washing] i f .v domestic uqe and limited to such quantities ?s
may ,lorn time to time be fixed by the commissioner.

~ Keeping a shavin~,- or k ~ : l i l . diessing saloo~i.

Keeping together pigs, or tbenty or more sheep or goats or ten
or more head of cati!e.
.
,
Manufacturing artjcle9 from which o?Tensive or unwholesome
,*
G smells, fumes, dust or noise arise.
Zt
2rWashinqsoiled clothes or keeping soiled clothes for the purpose
of wash~ng- them or kzepin2 washed clothes.]
*
-- ------- - ----------- -
IThese words were substi tuted for the words ' for boiling paddy when such
or boiling " by Health Department Notification, dated the 27th November
published at page 285 of the Rules Supplement to Part I-A of the Fort sf.
Gazette, dated the 4th December 1951.
3 This item was substituted tor the original item by ibid.

"he following words w:re omitted by section 95 (x) of the Madras Cit
(Amendment) Act, 1961 ( ralnil Nadu Act 66 of 1961) :-
P , fhl: doing in the course of any ind
any P U ~ ~ J Sor
the opinion of the commissioner is likely to be danger
r property or is likely t~ create or cause a nuisance."

-- - I __ ._
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a
.,"
- -- ---&

] Madras City bfuuicipal Corporution 471

I

SCHEDULE'VU,
ORDINARY PENALTIES.
[See section 387 (l).j'
(1).j
'Sub-
section or Subject. Fine which may be
clause.
(3)
,
Interested councillor-2[ * * * 1 Two hundred rupees.]
voting or taking part in discus-
sion.
Failure to give notice of transfcx Fifty rupees.
of title or to produce documents.
Failure to send notice to conmi ;- Fiftyrupees.
sioner after completion of con-
struction or reconstructiou of
building.
Failure of owner or occ~lpierto One hundred rupees.
. .$. $"

. b:.
furnish return of rent, etc. ' ;,.;;i
, *-24
Fh
Failure of owner or occupier to Orlo hundred rut ees. . . ' *:+*?
il[comply with requisitiorz to ..i..'3 (Li

furnish list of persons carrying 0

on profession, art, etc.] I

. -
Failure of employer or 5C head of One hundred rupees. . 2%-
an office, firm or conlpany to u
con~ply with requisition to , )$,L

furnish list of persons in his f"-

k.
employ]. 2

,
,lp , .:
t
i
,.*
Failure of occupier to 6rcompl.vwith] Ten rupee;, ,. _.
-.
t t
h

requisition to furnish stntetlleni I

..
I

of vehicles and animals liable to

taxation or furnishing incorrect
statement, etc.
---- ---- -,.-.--
1 this itcm was inserted by section 243 (ii)iof theiM?dras City ir.. nicipal (Anlend.
' ment) Act, 1936 (Madras Act X of 1936).
2 The words " or alderman" were omitted by section 2(2) of the Madras City Munici.
p d (Amendment) Act, 1968 (Tamil Nadu Act XXIV of 1968).
8 The figure and brackets "(I)" were inserted by section 243 (iii) of Madras Act
X of 1936.
4 These words were substituted for the words " furnish list of persons liable to tax "
,bysection 243 (iv), ibid. b

s'":
a
5 These words were substituted for the words " his representative to furnish list r-
" "pc
+.'
Y,"
J

of persons liable to tax " by section 243 (v), ibid.

a' * ,&,
;++
o These words were substituted for the word " obey " by section243,.(1), ibid. 1 . . + -
 LatestLaws.com

472 Madras Cicv Municipal Corporation [

Sub-
Section or section orv SubJect*
ru&. clausc.
(1) (2) (3)
Failure of person liable to pay tax Ten r
on -ages and animals to
comply with requisition to fur-
nish statements of vehicles
and animals or furnishing in-
correct statement.
122 2[(1) and Failure to '[comply with] order to Ten rupees.
(2)l affix and register number of
carriage.
Failure of owner to register cart. Ten rupees.
Riilurc to have or iceey registration Ten rupees.
number affixed to cart.
Importation of timbe~into the city One hundred mpeer.
without payment 01' the tax duo
thereon.

$4 5[ 129-B (1) i:rccting, exhibiting, fixing, retain-

ing or displaying advertisement
.i withmt t!.r . .t- 1': ;c pem:isciou
of the commissioner-
(i) if the advertisement relates to Fifty rupees.
any trade or business.
(ii) if the advertisement does ilot Five rupees,]
rcIa te to any trade or business.

..
J
TIespassing on premises connected Fifty rupees.
with water-suppl),.
168 .. Failurc to mairtain I-louse con-
nexions in confonnily u-ith by- Fifty rupees.
laws '[. . . .I.
I _______.__- --- -- -- ---- -- -. ------ .I- -. -_ -- --_.
1 This item was inserted by ~ ~ c t i 0 n (vi) of th,: Madisas City Municipal (bend-
143
mznt) Act, 1936 (Madras A:t X of 1936).
2 he figures, word and brackets "(1) and (2) " were substituted for the figure
and brackets "(1) " by section 243 (vii), ibid.
3 These words were s:lbstituted the word "obey" by section 243 ti), ibis
4 figure and brackets " ( 2 ) " welrt substiti~tcdfor the figure and brackets "(I),,
by section 243 (viii), ibid.
6 This item was inserted by section 99 (i) of t!le hl;tdr?s City Municipal (Anleo&
merit) Act, 1961 (Tamil Nadu Act 56 of 1961).
6 Item relating to section 133 was omitted by Sched~~lc t to tho nlnij ~~d~ ~~t~~
V&~C~P Twti011Act, 1931 (X'a~amil Nadu Act 111 of 1931).
7 The words " a u ~ regulations" were omitted by section 243 (jr)of the ~~d~~~
City Muu~lpol(Amendment) Act, 1936 (Madras Act X of 1936).
 LatestLaws.com
LatestLaws.com

1 1919 :T.N. Act IV 1 ilfadras City ~WunicipalCorporation 473

Section or Sub-section or Subject. Fik2e which may bc ,

rule. clatrse. irn-~osed.
(11 0) (3) (4)
169 1[(2) and Failure to 2lcompty with] requi- Fifty rupees.
(411 sition to make house connexion.
39 (3) Occupying or allowing occupation Flfty r u p a .
of house without proper water-
~~PPIY*
177 .. Faihrc to maintain house-drains, Fifty rupw,
etc., in conformity with t y-laws
=[ J
.e...

178 (2) & (3: Fsilurp to zrcomply with] requi- Fifty rupm.
sition as to house drainiage.
s3 (4) Occupying or allowing occupation Two hundred rupees,
of house without proper drain-
age.
180 1(b) Failure to 2[comply with] direction Fifty rupees.
as to limited use of drain or
notice r uiring construction of
'%
distinct ain,
181 4[(1)] Unlawful construction of building One hundnd rupees.
over public drain,
-
182 . L Failure to 2[comply with] requi- Fifty rupees.
sition regarding culverts or to
keep them free from obstruc-
tion.
183 .. Failure to 2[comply with] requi- Fifty rupees.
sition to maintain troughs and
pipes for catching, etc., water
from roof or other part of
building.
185 (2) Keeping of public latrine without Fifty rupses.
licence.
79 (3) Allowing public latrine to be in Fiftyrupees.
unclean condition or improper
order.
-- -.<. - .- -r- -.- -- --
1 The figures,brackets and word "(2) and 4) " were substituted for the figureand
brackets .'(2) " by section 243 (x) of the!Madcls City Municipal (Amendment)
Act, 1936 (Madras Act X of 1936).
2 These words were substituted for the word obey" by section 243 (i) ,ibld.
a The words " and regulations " were omitted by sect ion 24 3 (xi), ibid,
4 The figure and brackets ''(1) " were inserted by section 243 (xii), ibid.
 LatestLaws.com

474 Murlrcrs City Mu~zicipol Corporntion [ 1919: T.N.

. I
I *

31f0-
Saction ov sectiori or Subject. Flnc which may be
rule. clmrsc, imposed.
(1) (2) (3) (4)

185 Failure to i[comply with] requi- Fifty rclpees.

si?ic;.l ti) provide latrine or to
remtnc: i.tirinc to another site
anit fiiiic~t-eto kecp I:rtrsirles clcan
arid in pr.oper order.
187 .. Failure to provide latrincs for One hundred rupees.
premises used by large nu~nbers
of'people or to keep them clean
and in proper ordcr.
188 .. hilure to l[comply with] requi- One k~ndredrupea,
sitio~l to provide latrines for
market, cattle-shed, or cart-
stand, or to keep them clean
and iu proper order, 1

189 . Failure to construct latrines so as Twenty rupees.

to screen persons using them
frt :mview.
191 .. Making
W Ithout
connexion wit11 mains Two hundred rupees:
permission.
Failure of oscupier to i[comply Tenrupees.
yith] direction to collect rub-
bish bnd filth and deposit them
ina box or basket or other
receptacle of his own at or
near premises.
Failure to l[cornply with] direc- Ten rupees.
tion to collect rubbish and filth
accumulating in latrine and to
dcposit in rnur~icipalcarts.
Failure to i[comply with] direc- Ten rupees.
tion to collect rubbish and filth
and depoqit them i n public
recep:ncle.
Fail l i r e to L[cornply with] direc- Tenrupees.
liol? collect and remove 1 ub-
'3irh artl filrh accumulniiii~o n
Ll:~.:inc.ssg:,r:~llises.

Allowin: rltbbiih or filth to Ciccui Twenty rupees,

rn'ljatf: oil premises for more
than twenty-four
-- . .
f+n~l+-~-

-I - _ I V Y _ _

lhr the word 6 6 obey

1 ~ h e s zwords wece silbstit1~le41 by scction 243 $*

of the Mhdras City Mt8nlcipal (Avmdrnent) Act, 1936 (Madras

. -+- -
 LatestLaws.com
&oJp--T9 .-
--+-v---.
-'*? I * * >

< , .
u ' ;: ->,
j. '
'
~t IV] Madras City +Xunicipa? Corporation

, Sub-
i
, Section or section or Subject.' Fine which map be - '..&..
rule. clarise. fmposed. C.
i*,
I

(2 1 Irregular deposit of rdhbish or Ten rupees.

filth.
39 I[@) Depositing carcatses o f n~limal~.Twenty rupces.]
rubbish or filth in ;mprope~.
places.

99 11(4)] Keeping rubbish or filth for more Ten rupees.

than twenty-four hours, etc.
209 2[(5)] Allowing filth to flow in streets Twentyrupees.
.. Building within street alignnlcn! GI?? !housand rupees.
o r building line without permis-
s ion.
(1) Failure to comply wit11 orders to Five hundred rupees.]
set back buildings.
214 .. Unlawful displacement, etc., or Fiftyrupees.
pavement or fences. posts ant1
other materials of public street.
4[215 .. Failure to providestreets o r roads Tnw hundred rupees.]
on building sites prior to dis-
posal. I .
..
% 3 %

21 6 Ulllawful making or laying of new Five hundred rupees.

street. ?.,

21 8 .. Failure to 6[comply with] requi- One hundred rupees. ,' &.I :Y

sitioo to metal, etc., private s ,!

street.
220 .. Building wall or erecting, fence, One hundred rupees. .-. <9;%.
etc., in a street, or any public -&
C

place vested in the control c f the ,*A

corporation.] , If-?

, "
1 This
item was substituted for the original i terns relating to sub-sections (3) and
1.f.:r
(4) by section 243 (xiii) ( b ) of the Madras City Municipal (Amenument) i d
8 .

Act, 1936 (Madras Act X of 1936). .+&

%*
2 The figures and brackets '6(4) and (5) ''were subs ti tutc (I for ~Ilefigures
and b
" ( 5 ) and (6) " respect ivcly by scct ion 243 (xiii) (a), ihid,
8 This item was inserted I>ysection 243 (xiv), ibic/.
4 This i tem was inscrted by section 243 (xv), ibid.
, 6These words were substituted for the word "obey " by section 243 (i) , ibtd.
,,:. 6 These words *ere inserted by section 243 (xvi), ibid.
> >
2 5 ,

'
. .'
*,I,
,2, .I'
,\5:;.
<g&:-?,<
\.-?

t " -)<;$(\ 5,
LatestLaws.com
 LatestLaws.com
. L - - ' - , e ..----<- - -.-.-. - - -- - - --4&&q
* ,-*+

- 't.

1919 :T.N. Act IV] J1~crrlra.sCity N:i~~icipcll

Corporatiea 4 .+.t;y+;
S8.b
Secliotr or section or
rule. clause.
Subject ,. Fine which
I I ~ U Y be imposed.
(2) (3) (4)
::ailui< :h4&i-hib'.Mrhii\\: h h c + . c l ' i [ & ~ ~ L ~ ,
b2ginning the construction or
reconstruction of a bcilding.
Failure toobtain permission belore Fifty rupee*
demolishing a building.
Failure to keep. external walls of Twenty rupees.
premises in proper repair.LatestLaws.com
> i#
Failure of owner of cheri or hut- Two hundredrupees. i
ting ground to comply with F'
requisition to open uppas:,age?:,
etc.,toremovehutortot:ffect .
improvements.
.?
,e
257-C (1 ) Failureofownerofcheri orhutting One hundred rupees. - .:2,.
4
4
1
ground to comply with requi-
sition to prepare and submit
5

:*
3jG
2
plan. :.$

257-E . Construction of new buildings o r Two hundredrupees.

huts or additions to existing
:, %
>
;:
3
$54, ;
buildings or huts before the .,Q
,
preparation and approval of 1)
.-.
plan. .">.
l,

.
a*

257-F Constructioil of new bulldiligs or f~ v :lundrcd

o rLlpecs.
huts or additiolls to e:;is:inl;:
buildings or huts if sililatt ti r l r
sitcs 11otmarked in illc siancilrl-d
plan.
257-G (1) Pailure of owner of building o r Tt:.o hundred ruprg.
hut to comply w:th requisitiuit
toremove wholeor p ? r i ~ S i l . ..
2h7-H (1) Failum of owner of clleri or hut- Two hundred rupees.
tiilg ground to coxnpIy with
notice to effect irnp~ovcments
and to conserve or fill up tank,
well, etc.
99 (2) Ercction of new building or 11ot :Two hundred rupees.
or making addition to existing
building oryihut before coinpi i-
ance withgnotice under sub-
section (1).
-... .- - -\

'Thcsc items wci'.: inscrtcd by S C C ~ ~ 99 I of i l ~ c

O ~(ii) C"ityMttniciyn1(Amend-
i.':ld~.il~
ment) Act, 1961 (Tamil Nadu Act 56 of 1961).
'Items relating to sections 257-B to 257-AA werc inserted by section 243 (xix) of & .. ,

the Madras City Municipal (An~endnlcnt)Act, 1936 (Madras Act X of 1936).

 ..'..
LatestLaws.com
.I.?::$ .. ' ::,.
. , ,, .
,*
,

, .
,

Yunicipal Corporatlon

Szr bject . Fine which

rnay be imposed. .,
(3). (4)
Failure of owners of buildings or Two hundred rupees. . # , ,

huts or owners of cheri or

hutting ground to comply with
notice to carry out improve- .. 8

ments.
Failu1.e of owner of land to main- Two hundred rupees. .
tair, in proper order and repair
streets, passages, etc., and
failure of owner of hut to main-
tain corlvenience made by him.
Failure of tenants to comply with One hundred rupees,
notice to repair street, etc.
Failure to remove all buildings clr Two hundred rupees.
l1uts.
Failure of owner of land to colnply Two hundred rupees.
with notice to carry out PI-
provemects.
Erection of hut or portion of hut One hundred rupees,
wi: hin str3et alignment.
i;:,
,

;:..;>
.
Failure ol' owner of land or owners Two hundred rupees.
3; 3r occupiers clf buildings or
'I'

.. hufs to comply with notice to

.. ,..; ren love the whole or portion of
i I

'.r
;.'... .
such buildings or huts.
.. .,
i:.y
e.rf:'
,. F: ilu;e of person who erccts a Two hundred rupees.]
. .%,

masonry building to comply

'V-.
a??..
with notice to ieavc a clear
:I,*
,3-..
,.
* - ;y
,
space o f 15 feet bctween the
ccntrc l i i l ~of strmt or passage
or slrcet alignment aulj the
ue;irest pitct of such bililding.
P'ailu:-i: t o L[comply wit111 rcquisi- Five hundred rupws.
ti011 to taka down, rcpair or
seckrrc dangerous struciul-e.

259 .. F u i l u r ~to I[comply with] rcquisi- Fil'ty rupecs.

tion to secure, lop, or cut down
dangrous tree.
260 .. Failure to llcomply with] requisi- Fifty rupees.
tian to repair, etc., tank or
other place dangerous to pnssers-
by or persons living in neigh-
bourilo~d.
_ I_-- ___- -_ - ---- -
a These words b - - substituted for the word " obey " byBection 243(i) of
ue vadrar 2%-I Municipal (.4mendment)Act, 1936 (Madras Act X of 1936).
 LatestLaws.com
<$I ., -,2
"
,* -
-
" "7-.."---- . - .
...A&*. 24. ,
*- .-- - .
- -.
8
. .*..4.!,'.2
J xq;
$ L*$.
1919.:T.N. Act IV] Madras City Mutliciprrl Corporation 479 -:;
.4
*:.$
Sub- - 4'
Section or section 0.v Subject. . Fine whi ch ' c Pi
rule. clause. 'nay be imposed.

.. Failure to l[comply with] notice One hundred rupeks.

regarding precautions against
fire.
(1) coo st^ ucting well, etc., without Fifty rupees.
~3crn1ission.

I# (3) Failure to l[comply wi thl notice Fifty rupees.

to fill up or demolish well, etc.
263 . Failure to '[comply with] I equisi- One hundred rupees.
tion to stop dangerous quarry-
irig.
264 Wl)j Faiiurb t d ;&omp!y with J requisi- Fifty rupees.
tion to fill up, eti., tank or wcH,
or drain aff water, ctc.
(3) Cultivalillg contrary to prohibi- f i v e hundred rupees.]
tions or regulations.
266 @ Failure to l[comply wi tL] rcq~~isi-Fifty rujlees.
tion to cleanse or close, ctc., , ,?A
., L
.&
,
tank, well or other source- nf --
water used for drinking, d(bath-
ing or washing clothes).
Unlawful washing and fishing in Twenty rupees.
..
river, or estuary after prohibi-
tlon or contrary to reguktions.
Defiling water in tanks, etc. .. Fiftv rune9 1 ' -.
A ?Y;#
bat,

. Failureit0 l[comply with1 requisi- Fifty rupees.

a t i o n to enclose, clear or cleanse
untenanted premises.:
...I. I

Failure toil[comply withJ requisi- Fifty rupees.

tion tot;rlear or cleanse,, etc.,
building';,or land in filthv state
or overgrown with (an ?,thick
or noxious vegetation),
--

These words were substituted for the word " obey " by section 243 (i) of the
1
Madras City Municipal (Amendment) Act, 1936 (Madras Act X of 1931;)- -- - -/.
-
"The figure and brackets "(1)" were inserted by section 243 (xx) (a), ibid.
8 This item was inscrtcd by section 243 (xx) (I,), ibid.
"These words were inserted by section 243 (xxi), ibid.
is item was substituted for tlie orrginal items relating to sect
(d) by section 243 (xxii), ihid.
hese words were substituted for the words '' prickly-pear or
" by section 243 (xxiii), ibid.
 LatestLaws.com
LatestLaws.com
480 Madrtrs Cily itl~micipolCorporntion [I919 :T.N. Act 1V
sub-
Section or section or Subject. Pine whiclt
rule. clause. may be imposed.
(3) (4)
Failwe ~ocomply with requisition One hundred rupees.]
to abate nuisance caused or
likely to be caused by dumping
etc., of coal, ashes, etc.
Failure to "comply with] requisi- Fifty rupees.
tion to fence building or land
or trim, p a n e or cut
hedges and trees or lower an
enclosing wall.
Failure to a[comply with] requisi- Fifty rupees.
tion to limewash nr otherwise
cleansc building.
273 .. Failure to 2jcomply with] requisi- One hundred rupeer +

tion to execute work or ta.ke in the case of ma-

other action with respect to sonrj building and
insanikry buildings. fifty rugees in the
case of hut.
274 (2) Using or allowing the use of build- Twenty rupees for
ings utlfit for human habitation each day.
after prohibition.
)9 (4) Failure to 2lwmply with] requisi- Twenty rupees for
tian to demolish the same. each day.
275 (1) Allowing overcrowding in building Twenty rupees for
after order to abate the same. each day.
DD (4) Failuie to a[comply with] requisi- Twenty rupees for
t ion to vacate overcrowded each day.
b~~iiding or room.
Y[279 (1) Keeping a lodging house, eating One hundred rupees. 1
hcuse, tea shop, etc., without
licence or contrary to licence.
280 (a) Unlawful keeping of pigs. .. Twenty rupees.
99 (9 Unlawlill keeping of aiii~llalso as Twent: ri pccs.
to bc a nuisance or "[danger].

--- --( c )
) 9
- - -
-.- of auimals ou filth
Fccding -.--- . . Twenty
- rupees.
-
1 This item was inserted by section 243 (xxiv) of tla Madras City Municipal
(Amendment) Ac-, 1036 (Madi-as Act X of 193b).
'These words m e w s ~ ! b s t i r u ~for ~ d the word " obe)" by section 243 (I), ibid.
This itel11 cvat\ i .t ;ei.l,:d by :>Lz~.tloi~ 243 (xxvj, ibic',
\~01.d\*;ZS~ ; x b s e i t ~ ; ~for
4'i'hi~ ~ word ccdang~rous
~ : rtlic " by section 3 (1) of,zind
the Second Scl.lecii,r!c:IO 3 1 1 ~T;~lililI.\'tdu llepealiilg and Amending Act, 1951 (Tamil
Nadu Aci XiV oi' 1951).
 LatestLaws.com
LatestLaws.com

IV1 Madm City Muaicipal Corporation 481

Stchject . Fine which

mqy be imposed.

(3) (4)
.. Use of place as stable, cattle- fifty rupee^.
stand, etc,, vhthout licence or
'7 '
contrary to licence.
I

284 .. Construction or maintenance of Fiftyrupees.

stable, cattle-shed, etc., con-
trary t o Act or subsidia.rylegis-
lation.
X[285-A .. Using a public place or the sides 2['I'wo hundred
of a public street as a public rupees.]
1 landing place, eic.
285-C (1) Opening or keeping open a new TWOhundred rupee^.^
6 .
,+-, private cart-stand wi tho11t
licence or contrary to 1icence.
286 .. Failure to remove carcass o l Twenty rupees.
animal.
3[287 (1) Using a place for any of the pur- Two hundred rupeco.
I
1
poses specified in Schedule VI
without licence or contrary to
licence.

1I I 258 (11, (2)

& (3)
Unlawful erection OF factor:. One thousand I U P ~ ~ L
workshop, workplace or mnchi-
nery .
t

i
I
(5) Disobedience of order regarding Five hundred rupees.
1 99
chimneys.
I
i
I
289 (1) Disobedience of order regarding One hundred 1UPeeS.
abatement of nuisance.
Disobedience of order prohibiting Two hundred rupees.
the working of factory, etc., or
the use of particular fuel .
I
I
I
289-A .. Failure to with requisition Five hundred rupees*
to put factor)', etc., in order I

to abate overcrowding , etc.

-
section 243 (xxvi) of the Madras City MuniH
, 1936 (Madras Act X of 1936)-
substituted for the words " 'Twenty rupees " by section 3 (1)
Tamil Nadu Repealing and Amending Act9195f

7 to 289-33 were sy'>stitufled

section 243 (xxvfl) of the M
ct X rPf 1 9 3 0
 LatestLaws.com
LatestLaws.com

*p,
&!
C"' &I..
*

482 Uadms City Ylozici~afCorporaticin [1919 : T.N. Act W '

.?kc'

Sub-
Sectionor secfiotlor Subjec 1. Finewhich .
4-. ,. rule. c*luuue. mu}?be imposed.
(4)
$6, 289-B .. i)i:;obedielzce of order regarding One hundred rupees]
,:t
$+.
* a abaiement ofrzuisanceor danger
to life, etc.

293 (2) \.da&ing of clotlles by n ashermar! Twenty rupees.

at unauthorized places.

I U s e of olace as slaughter-house Two bundr,& rupees.

withoilt licence or contrary to
licenco.
a * Slaiightcr of animals for sale o r Twenty rupees for
fo.)d o r skinning or cutting up every animal, car-
carcasses withoutlicer~ceo r con- cass o r
ti-ary to licenze o r drying skin
s > as to cause a nitisance.
+ L Carryiltg on milk trade wiihou; Fifty rupees.
licence o r contrary to i icencc.
.. Sajc o r exposure for s:llu in public
nlarkel of aninla1 o r article
Fifty rtipees.
'[ , . . . . .] without "per-
n;is.;ic)nl oi contra1 y to 2 [ p ~ r -
micsion].

(2, Opaoiilg private markel i\.ithnut Five hundred rupees.

licenc: or contrary t o Iiccnce.
. Keening open private market Five hundred rupees,
without licence or contrary to
licence. . -\

.. Salt or exposure for sale of sniinal Fifty rupees.

o r article in unlicensed private
market.
. , Fail urr to3[complywi th] direction Fifty rupees.
to construct approaches, drains,
etc., to private ~narketsor to
pave them, etc.
r:,

Opening 0 1 keeping
. open of pri- Fifty rupees fat each
vete rnarket nftcr swpension o r day.

-
refusal of licence for default to 3 .:'
carry out works. +:,. *L'"
i b ,
'
" t:
i.
11;
. ,
. * ,*,* ;.
r i
1The words "of food " Were omitted by section 243 ( ~ X v i i i )of the Madras
endment) Act, 1936 (Madras Act X of 1936).
:. .$$his 'word was substi uted for the. word "liceqcc" by ib
* -
for
-were subs-tit~ted
LatestLaws.com
LatestLaws.com

Breach of market rcgu~a

tion s .. Fifty rupees.
Fai1lu-e of person i n charge of Fiftyrupees.]
markets to expel person si~fffer-
ing from leprosy o r other infcc-
tiom or co~?tagiousdisease.

2[Sale or exposure fw sale of ani- Twenty rupees.

lnal or article in ljirblic streets.]

Use or allowance of rzse of unlicen- Five hundrcd rv

sed burial cri. burnine-ground.

Burial or burning :n place after Two hundred rupee

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\ .

404 Madras City Ymicipal Corporation [I919:T.N. Act IV 1

Sub-
Section or section or Subject,
rule. clause.
(1) (2) (3)
326 .. ')ischarge of office of grave digger T
or attendantatplace fordisposal
of dead without licence.
330 . Failure of medical practitioner or Fifty rupees.
owner or Occupier to give infor-
mation ofexistenceof dangerous
disease in private or public
du7elling.
.. Fai!ure to i[comply with] requi- Fifty iupees.
sttlon to cleanse or disinfect
building or article.
(2) Washing of infected articles at Fifty rupees,
ufia~thor~tzed
placcs,
Giving, lending, etc., of infected Fifty ruptcr.
artlcies.
'[3 37-A . Infected person carrying on oq:l~. Fifty
pativil.
338 Entry .of infected person in -0 Fifty rupees
P ubllc conveyance wi tho t
no!i&ing fact of illfection.

~ 339 (1) Failure to d i s i n h ~-1tk1:-

,lance, etc,
t Fifty rupees, -

~ I

+ (2) U sing before obtaining certificate Fifty rupees,

i ro:u health officer a public con-
1reY;ince in which an infected
I)er$ontravelled.

.*
Letritlg or subletting or infected Two hundred
building without certificate
from :he health officer.

342
$4
.
if%,^ rul,ces
Selldiltg infected child to s~.hool.
343 -. O1. permitting Use of bopk Fiftyrupee&.
from public or circulating 1,b.
rary by infected person.

---
81343-A .. Usirl: water after prohibition
' ~ h e wwords were substitwed for the w o r d ? - ~ ~ ~ ~
.
. Fifty rupecrel
Madras City Municipal (Amendment) Act, 1936 (Madras Act x of ti) of the
1936)
'This item was inserted by section 243 (xxxiii), i b a
@Thisitem was 'w:rled by J e c t i o ~243 ( ~ ~ q i v (bid,
),
v -
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. - - .. -. .-.....,- k
.
.
--a
,
:
-.
.;..,-.:T
.,, -,t .> ?.A->
%
>
;
.
3.

unfcipal Corporatioh 486

Section or section or
F i ~ which
e
may.be imposed.

.. Failure to give information .* Fifty rupees.

sinall pox.
.. Entering city within
of inoculaticn for forty
smalldays
pox One hundred rupees.
without certificate,
(3) P ~ v e n t i o nof inspection of copies Fifty rupee? L e
of rules and by-laws publicly
exhibited.
(4) Destruction, etC., of beard exhi. F i f t ~rupees,
biting printed copies of by-laws
and rules.
(7) Failure to produce licence on re- Ten rupees. I
quest.
. Failure ~84 One hundred rupees,
tion tto '[comply
o attend, th] requisi-
produce docu-
ment or give evidence.

Preventing the comn~issioneror Fifty rupees. 1

any person authorized by him
frbi.. -...i,iAng his powers of
entry, etc.
. gbstructillg or molesting 3[coun- Two hundred rupees.
~11, '[standing committee],
Mayor), etc.
Itemoving mark set UPfor indicat- Two hundred rupees.
ing level, etc.
--
I These words were substituted for the ;! word ~obey 9* by ,tion 243 0)
the Madras City Municipal (Amendment) Act, 1936 (Madras ~ cxt of 1936).
This item was inserted by section 243 (xxxv), ibid.

I
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SUb-
Section or section o y S~ibject.
rule. clause.
(1) (2) (3)
408 .. i~cmoval,etc., of not ice exhibited Fifty rupees,
by or underordcrs o Cthe carpo-
I
ration l[orcom~~~issionerl.
409 .. Ui~lawfulremovtt 1 o f earth, sand Fifty rupees.
or other matcrial from land
vested in the corporation or
deposit of 1nattc.r or encroach-
111entin or anriver,estuary,etc.

Schedule Pailurc to S[cumply wiih] requisi- One hundred rupees,

V, rule 18. tion bv auditorb to attend,
give evidence or prod~tccdocu-
ment.

PENALTIES FOR CONTINUING BREACHES.

[See section 357 (2).]
Sub-
Sectiolz or section or Sirbject.
rule. clause.
(2)
.. Erecting, exhibiting, fixing, re-
taining or displaying advertise-
ment without the written per-
mission of the commissioner-

(ii) if the advertisement does not Two rupm,

relate to any trade or business,
..

--
I These words were ad~ledby sectioll 243
(Amendment) Act, 1936 (Madras Act X oi'1936).
o ~hcsc \\.~lr,!s \\WC sl~bslitutedfor the
nj..
its;: \\,si
i --..*-**."

Aa, 1991 CTA~G~

i.x-t-* :*$ -.
'

512: .%;r 3t3 irf I;$:i),

-.
-~~*u;'L~??*:a; - -<-'-A
" - - " -* **22--4
L
fb s C@ 51

4 he words '*and re'gulations" were omi

- - -.
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LatestLaws.com

Failure to maintain house-drains, Ten rupees.

etc., in conformity with I jy-laws.

(2) & (3) Failure to 2[comply with] requisi- Ten rupees.

tion as to house-drainage.
(4) Occupying or allowing occupation Twenty rupeos.
of house without proper drai-

Failure to 2[comply with] requisi- Ten r u p a .

tion to maintain trocghs and
pipes for catching, etc., 'water
from roof or other part of build-

Allowing publi* lsltrirle te be in Ten rupees.

a n unclean conditior, or impro-
per order.
I.
. Failure to 2[comply with] requisi- Ten rupees,
tion to provide latrine or to re-
move latrine to another site al*:
failure to keep latrines clean and
in.proper order.

.. Failure to provide latrines for pre- Twenty ru pe ts.

mises used by large nxnlbers of
people or to keep them clean
and in proper order.

. Failure to qcomply with] requisi- Twenty rupees.

tion to provide lairii~esfor mar-
ket, cattlestand or cart-stand
or to keep them clean and in
pro~er01der. I

a The words %nd regulations " were omitted by section 244 (iv), bid.
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r it r

dras City $4' oration [i9d9

Sbb-
dection or section or
clause,
Su&/ect , Dclfly finG vfi(cfi
ntay be imposeris
(2) r 3) (4)
(1) & Allowing rubbish or filth to accu- Ten rupees.
1~(~)1 11luiate on premises So: n3ol.e
tllail twenty-four hours.

,. 13ui!diog within street alignment One hundred rupm.

or I ~ u i l d L;LAG
~ ~ A li: 'OUT ;erxis-
sion.
.. Failure to provide streets or roads Ten rupees.]
on building sites prior to dis-
posal.

i
i

1
222 .. f=ailurc to retllove per-inanent en- Ten rupees,
*s' croachment.
-
..
ts
223 Fr~iIureto ren~ovctemporary en- Five rupees,
a c~~~achment.
226 (1 Unl,iwfuI making of llole or plac- Ten rupees.
ing of obstruction in street
I

227 .. Construction, etc., of building Ten rupees.

witl~outlicxnce where street or
foot-way is likely to be obstruc-
teJ.

*[232 t 11 Failure to comply ~ vthi requisition Fifty rupws.3

to round or splay oft' buildirgs
at corners of streets.
233 . Construction reconstruction or
retention] of external roof, etc.,
Ten rupees I
I

, ) with inflammable materials.

254 .* Failure to keep exterrial walls ot Ten rupees.
premises in proper repair.
LI
... 6~267-n .. Failure of owner of cheri or hut- Fifty rupees.
titlg ground to comply with rc-
yuisitioa to open up passages,
etc., to remove hut or to effect
improvements.
- _ _________ -_ - - - .- .--.- ------ --- -- ----- _ ,-

i ~ h figure
e and brackt5 (4)" were substituted for the figure and brackets
6 yqwby
244 (v) of the Madras City Municipal (Amendment) Act, 1936 (Madras
~ c Xt of 1936).
2 his item was inserted by section 4 of the Madras City Municipal (Amendment)
?'

E1
< Act, 1942 (Madras Act X V of lye), re-enacted permanently by swtion 2 of, and the
'2'
- Firs schedule to, the Tamii Sndu Re-enacting and Repealing (No. 1) Act, ~ 1 9 4 8
$7. (Tamif &du Act VII of 1948 1.
8 This item was inserted by soction 24 4 (v) of the .Madras City Municipal (Amen&
merit) Act, 1936 (Madras Act X of 1936).
4 ~ h e s ewords were inserted by section 244 (vii), ibid.
6 Items 257-B to 257-fu4 were inserted by section 244 (viii), bid.

- - - .,

- Y
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Act 1V3'
Sub-
Section or section pr Subject. Daily fine which
rule. ' clause. may be imposed,

(4)
Failure of owner of oheri or hut- Twenty rupees.
ting ground to complj with re-
qulslt~onto prepare and submit
plan,

Failure of owner of building or hut Twenty rupees.

to comply with requisition to
remove whole or part of it.
-
Failure of owner of cheri or hut- Fifty rupees,
ting ground to comply with
notice to effect improvements
and to oonserve or fi!l up tank,
well, etc.

Failure of owners of buildings or Fifty rupw,

huts or owners of cheri or hut-
ting ground to comply with
notice to carry out improve-
ments.

Failure of owner of land to main- Fifty rupees.

tain in proper order and repair
streets, passages, etc., and fai-
lure of owner of hut to main-
tain conveniences made by him.
(3) Failure of tenants to comply with Twenty rupm.
notice to repair street, :tc.

267-X (3) Failure to remove all buildings or Fifty r u m .

huts. .;
-4

(6) Failure of owner of laud to comply ~ i f t y

with notice to carry out impro-
vements.

, 25 f-T; (1) Failure of owner of land or owners Fifty rupees,

or occupiers of buildings or huts
to comply with notice to remove
the whole or portion of such
3uildings or hut$,

Failure of person who erects a Fifty rupecrs.1

masonry building to comply
with notice to leave a dear
space of 15 feat between the
centre line of street or passage
or street alignment and the
nearest part of such buildi~~g,
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I
Madras City Mucicipal &rPorat lo@
I

Sitbject.

(3)
.. Failure to I(comp1y with) requisi- Ten rupees;
tion to repair, etc., tank or other
place dangerous to passers-by
or persons living in neighbour-
ht-iod.
.. IFaiIurc to '(comply with) notice Ten rupees
regarding ploecaution against
fikae.
.. Failure to i(comply with) requisi- Ten rupees.
tion to stop dangerous quarry-
ing.
.. Failure to l(corhp1y with) requisi- Ten rupees. .
Con to fill up, etc., tank or well
or drain off water, etc.
.. Failure to j(cornp1y with) requisi- Ten rupees.
:ion to cleanse or close, etc.,
tank, well, etc., or other source
of water used for drinking
'!(b;~thingor wash in^ c1othe:s.)
.. Failur.1: to l(comply with) t'ecluisi- Ten rupees.
t ion to enclose, clear or cle lnse
untci~antedpremises.
.. Failure to l(comp1y witll) requisi- Ten rupees.
tror! to clear or cleanse, ctc.,
SuilJirtg or land in filthy 5tnte
or overgrown with g(any thick
or rwxious vegetation.)
Failure to comply with requisition Twenty rupees,]
to abate nuisance caused or
likely to be caused by dumping,
CIC., of coal, ashes, etc.

.. Failure to l(comp:y with) requisi- Ten rupees.

tion to fence building or land,
or trim, prune, or cut hedges and
trees or lower an enclosing wall.

. - --_
___-.- - - _" ___-- --------- _-- ---
1Tl~esr,words were substituted for the word .; obcy " by section 244 (i) of the
' Madras City ?.Iunicipal ( Ammdment) Act, 1 93h(JIndrar Act S o f 1936.)
2 Tl~escwords wet-c ndccd by section 244 (ix), i/)itl.
8 These words were substituted for tile isords, " priikly-pear or other
vegetation" by section 244 (s), ibid.
4 This item was inserteJ by scction 244 (xi), ibid.

v - -
 LatestLaws.com

.. Failure to l(comp1g with) requisi- Ten rupees.

tion to lime-wash dr otherwise
cleanse building.
273 .. Failure to l(comply with) I-eqoisi- Ten rupees in the case
tion to execute work or take of masonry build-
other action I respacl to ing and fix rupees
.
; .+ . insanitary building. in the case of hut.
2[279 (1) Keeping a lodging house, en ting One hundred rupees.]
house, tea shop, etc., wit I~out
or contrary to licence.
280 (4 Unlawful keeping of pigs. .. Five rupees.
99 @) Unlawful keeping of animal so as Five rupees.
to be a nuisance or danger. I

282 .. Use of place as stable, cattle-stand. Ten rupees.

etc.? without licence or contr~t-y
- to Ilcence.
284 .. Construction or maintenance of Ten rupees.

.
p

stable, cattle-shed, elc., contrary ",

to Act or subsidiary legislation.
-
a[286-A .. Using a public place or the sides "(Twenty rupees.) '
"
.:,&-
of a public street ;is p~iblic
landing place, etc. ($
286-C .. Keeping open a new yrivilte cart- Twenty rupees.]
a--7
.,t;;::: -.,ithout licence or con- it&
trary to licenct:. S$
+*:

286 .. Failure to remove ca~.c;lssof Five rupees. I.

x I

animal.

Using a place for any of the pur- Fifty rupees.

poses specified in Scl~eduleVT
without licence or contrary to
. . - - - -

8This item was inserted by section 244 (xii), ibid

du Act XIV of 1951).

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Sub-
Section or sectio~lor SUbjec #. Daily $ne which
rule. clau~e. mag be imposed.
(2, (3) (4) 4
(I), (2) & Unlav~ful erection of factory, One hundred rtQees.
f3) workshop, workplace or machi-
nery.
(5) Disobedience of order regarding Fifty rupees.
chimneys.
(1) Disobsdience of order regarding One hundred rupees.
a bateluent of nuisance.
(2) Disobedience of order prohibiting Two hundred r u e s .
the working of the factory, etc.,
or rile use of particular kind
of fllcl.
.. F;iilv.~to comply with requisition One hundred rupees.
to put Fdctory, etc., in order
to ;~bcltf: o~e~crowding,etc.

289-B . * Disobedience of order regarding One hundred rupees.]

abatement of nuisance or
danger to life, etc.

295 .. Use of place as slaught~r-housr: Fifty rupees.

without licence or contrary t o
liceuce.

$
.,,
% 299 .. Carrying on milk trade without Five rupees.
licence or contrary to licence.
c l
..
303 (2) Opening private market without One hundred rupees.
liceuce or contrary to licence.

304 .. Keeping open private market with- One hundred rupees.

out licence or contrary to
licence.

306 .. Sale or exposure for sale of animal Twenty rupees.

or tirticle in unlicensed private
market.

1[301 (2) Openiag or keeping open of Five rupees.]

privnte market after suspension
or refusal of licence for default
to carry out works.

308 .. Breach of market regulations .. Ten rupees.

1This item was inserted by sec.tion 100 (ii) of

UIGfir,
A A+ rI Ol vL rl fTo-C1
t , r c t t u c r '*.auu 4 ,i t 56 ~f 1961).
A T ~ r l s nn
-_ -
the Madras City Municipal ( ~ m e d .
I
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Sub-
or section or Subject.
clause.

(3)
Failure of Penon in char&e of Fifty rupees.]
markers lo expel persons suffer-
ing from leprosy or other in-
fectious or contagious disease.
Carrying on butcher's, Eshmon- Ten rupees.
ger's orpoulterer's trade without
licence,,etc.
2[. , - Exposing carcasses of animals for Twellty rupees.
sale without licence.
319 (1) Opening etc., without licence a One hundred rupem.1 '
place for the disposal of the
dead.
334 . Failure to s(c0mply with) requisi- Ten rupees.
tion to cleallse or disinfect
buiIding or article.
4[33 7-A .. Infected person carrying 911 OCTLI- Fif'ty rupees,
pation.
.. ~ a i l u r eto close place of gublic 011e hundred rul,eer.
entertainment. "'

2
343-A . Using water after prohibition .. Fifty rupees.]
$3
i

Schedule Failure to l[~~:omply

with] rcquisi- Seventy rupees. ;$.&j
V, rule tion by auditon to attend, give #i
18. evidence or produce document.

- - -- --_. ._-I
This itel11 rvas inserted by section 255 (XV) of Madm5 P ct x of 1936.
a This ifem and itom relating to section 319 were inserted by rcc(ion 244 (xv,i,
ibid.
These words were substituted for the word c c obey " by section 244 (i), i b s
4 ?80d 343-4 were i n ~ r t @by section 244 (N),
to s ~ h - ~ 3 3 7 * 4341
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1922 : T.N.Act VIIl Madras Ci+y Uu~ticipal 19

(Ametdnzertt)
'[TAM? NADU] 4CT No. V11 OF 1922'.

(Recdived the assent of the Goventor on the k2411i

Piarch 1922 and that of the Governor-General
on the 26th April 1922 ; the asset~t of the
Governor-General was first published in tlre
Fort St, George Gazette of the 16th May

An Act to amend the Madras City Municipal Act, 1919'.

1. (I) This Act may be called the Madras City

Municipal (Amer.dment) Act, 1922.
,2) Section 4 s b l l be deemed to hayo bcen
in I b r c ~from the 1st October 1919.

rl~esewords were substituted for the word " hladras " by tho
Tamil Nadu Maptation of Laws Order. 1969, as amended by the
Tam11Nadu Adaptation of Laws (Swond Amendment) Order, 1969,
which came into force on the 14th January 1969.
For Statenlentof Objectsand Reasow,see Forr St. George~azet&.
Qtcd the 7th February 1922, p k 4.
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862 Madr~scity~ h i 2 [1942: , T.

District blmicigaliries and
Local Boards Second (Amendment)
'FAMIL N4DUI 4CT No. XXlV OF 194'ie.
[ ~ H EMADRASCITY
PALITIES Ahu) LOCAL
MENT) ACT, 1942.1

(Received ti~eassetrtof the Go)*ernoron the 5th October

1942, Jirst published in the Port St. George
Gazette on the 7th October 1942.)
411Act further to amena tbe Madras City Municipal
4ct, 1919*, the "Tamil Nadu] District Manicipa-
lities Act, 1920, and the '[Tamil Nadu] Local
Boards Act, 1920.3
Whereas it is expedient fbrther to amend the Madras
City Municipal Act,
Municipalities Act, 19
Boards Act, 192a3,fo
i n 4/lt is hereby enact
Short ti:!c. 1. This Act may be
cipd, District htunicipal
Amendment) Act, 1942.
ExtemC~n 2. (1) Thc term of office of the councillors itnd
o f t e m of aldsrme~lof the Corporaticrl of Midras which, under
~J@CCa
:
couaciljors the law tiow in force, extends up to noon on the first
and al&r-
Inen of the
Co rporatbn
of Madras. _ __-_
-_--- -- -
Thebe words were substituted for the wt~rdI' Macfras " by the
Tamil Nndu Adaptat.ion of Laws Order. 1969, as amended by the
Tamil Nadu Adaptat~onuf Laws (Second Amendment) Order, 1969.
2 E'or Statwent u f Objects and Reauons, see Fort St. George
Gu:ette, dated the 3rd December 1940-Part IV-A, page 91.
a Now the Tanul Nadu District Ruards Act, 1920 (Tamil Nadu
Act XIV of 1920).
4 These worcls were substituted for the paragraph containing
the enacting formula and the paragraph preceding that paragraph
by section 4 of the Tamil Nadu Re-enacting (No. 111) Act, 1948
(Tan$ Nadu Gct IX of 1948).
* Tho ohort title of this Act has now bdsn altered a8 the Madras ,
City Muniolpal Corporation Act, 1919. .i

- . *
. .-
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1942: T.N. Act XXIV] Madras City Yunicipal, 863

District Muni~ipalitiesand
Lo ca2 Bourds (Second Amendhent )
day of November 1942, shall extend instead up to
noon on th : first day of November 1943, and the pro-
*[Tarnil visions of t ?e Madras City Municipal ~ c t ,191F*, as
Nadu] amended b:. this section, shall have effect accordingly:
Provitled that the '[State] Government slzall
have powel to direct that the term of office aforesaid
shall expire at, or extend up to, noon on such earlier
or later date as m a b ~ 'fixtd by tlle~lland from time
to time to divance or postpol~cany tiate so fixed and
fix another late ins teail.
(2) Uhcre a n y dite other than the first day of
'P'alnil Novembzr of any yearpis fixed under thc proviso to
IV of sub-section (l), the provisions of the Madras City
1919. Mul~icipal(icl, 1919+, shall be subjcct to the follo\ving
modificatic ?s, llrinlely :-
((1) The "St:. ieJ Ciovcniment stla11 zause
clcctiotzs a ~d appoi~~t-:lents ot' co~~t?cillors and alder-
men to be held or- ~n.idc to thc coutdl, so that thc
newly elccl :d or :tppo;ntcd councillors and aidel Inen
may come 1110 oAicc on the date liurd as aforesaid.
(b) 'The tcrlil of dflict: 01' the n ~ w l yelectcd
or appoitlt:d c o u ~ ~ c i l l oarid~ . ~a1tlcnut.11 shall, s~tbjeci
Nadul to t h~ pro ~ibionhui' 1 ilc LW.~d~.as City M unicipat Act,
c no011 oll tile tir.,t clay of Bovembcl.
Act J V 4 ) f 1919*, ex[ t ~ at
iilm~ediatc. y I I 1 l1c x i of tllrcc year\
fi.orn Ihr d ~ l rCii'l.tccl
e id ill cl,111sf( 0 ) .

( c ) The cl~ctionof ~ l i ch/l:lyt?r, 1lcputj Mayo1

and nicml ers of rllc stancti~~g coln~nittecs sh:tll b~ I
held ut thc li:.ht ~11~'~lillg ofttic coi111~illlcld after the I
1
date rtfcrr xi to in cl~usc:(o), allif tilt clcctiou of thc I
cllairn~rit~)I' c;~cll ,t;tuditlg conilni [fee \hall bc held
at the fi1.s; ~ncctingof SLIL'II cornl~litICC.
-- . - - - .----. - . - --
I These w'bltls wcrc \ut~\tltlllt.tif i l l thc w111d" Modra\" by thc
Tamil N,tdu 4d;tptnti011 La\\\Ot(lcl', 1960, as a~~lendccl by the
Tamil Nailu i ~ l . ~ l ? l . ~ of
t~ol~ (Sccocld An~cnti~nent) Order, 1969.
"his wrl .tl w;iz st1b3ti iiletl for tltc ~ 1 1 1 . ~ "1 Prokincial " by the
Adaptation Crder of 1950.
* Thc.s!~orttitle trf this Act 111s now beet1 ~lrereda\ tlte hl,~dr,\, ,
City M u n ~ c ~ Corporatilm
p~l Act. 1919.

1
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t

4 Madras City Munic$nl, El942 :T.N.Act XXIV

District Mvnicipalities and
Local Boards (Second Anrendwtt)
(4 The *[State] Government shall have power
to direct that the election of tht Mayor and Deputy
Mayor shall not be held, as required by sub-section (1)
of section 28 of the Madras City Municipal Act, 1919*,
at the fitst meeting of the council held after the first A ~ ~ I v ~ ~
s?$il
day of November, imn~ediately succeeding the date 1919.
referred to in clause (a).
3[3-8].
9. The term of office of the n~ernbe~u of every
panchayat constituted under the '[Tamil Nadu] Local qTamil
Boards Act, 19204, which under the law now in force Nadul
pancham extends up to noon on the first d ~ of y November 1942, ~ cXIV t
shall extend iriteacl up to noon 011 the first day of of1920.
November 1943. and the provi~ions of the '[Tanlil
Nadu] Local Boards Act, 1920'. ns i~u~etlded by this
section, shall havc cEcct accol-dingly : ~ c xIV
t
of 1920.
Provided that the '[Stale] Go\ :I iullcnt silall ha se
power to direct tlzxt 111~'term 01' c ~ f t;lfo~e?mi~I
i~~ shall,
in the case of such pnl~chaatsor nn! of them, expire
at, or extend L~I) to, 110011 un \ucil 2.11 licr or I ' r t ~ f date
as may bc fixed by tlle~u,and i,~ I n ttinw 10 tillle to
advance or p o ~ t p o nally~ ~clate st) ;l\cd and fi\ ;ulotfler
date instoad.
10. In tlic c:c.;c of ;trly pancll,i!'.ir constituted under
the "[Tamil Nadu I Local Boa~itsid(, 19201, to which qrarni1
stxtjon 9 docs 11ot apply, the 'islate) Govel.nrnent Nildul
shall have powcr to cstend the t e r n of office of the of Act XIV
1920.
members up to noor1 on such d,itt' ;LS may hc fixed
by them and froin tilnc to timc ta ;l~lvanceor postpone
any date so fixed :~11d fix another cl,ttc i~lstt;ld.
__This
_1
_ _ ___ --
_^. -- -- - - - . - A

d W ~ l 4subrl~lutedfor the I\ ,)r cl "PI o\irlLi.1lv t;i(xe

$4'01
Adaptatloll O10er of 1 !J50.
2 These words wcle sub\t~iulcdfor t l ~ ctvorti " Al.r~l~~s" by the
Tamil Nlrdu Adaptation of Laws Oriler. 1969, as nmc~ttlsdby [lie
TamilNadu Adaptation of Laws (Secot~J \~ucltQncnt) Order, 1969.
a Sections 3 t o 8 we1 c t j n ~ l tctl
t b) scc~it,n3 i Schcdule
n a ~the
tor theTatnilNadu lie-e~lacling(N<).111) - k t , I948 (Tdn~ilN,tdu Act
lXof1948).
4 Now the Tamil Nlrdu 1)i~lricl IJ4)iirti.; Act, I920 (Ftmil NaQu
Act XIV of 1920).
* The short title of this Act has now bccn a1tcrcd ,is the Madras
C b Municipal Corpor'~tion Act, 1919.
i
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*
1942: T.N. Act %%IQ dadras city ~ z t n i c i ~ a i863
,

i
16
District Municipalities and Local Boards
(Second Amendment)
11. Where any district board or panchayat has special
"

to be reconstituted by election for the first time after pflviskl!

1 illa& the commencement of this ~ c t the for r m k
, provisions of the stitution
Nadu] '[Tamil Nadu] Local Boards Act, 19202, shall be of district
Act XIV subject to the following modifications, namely :- boards and
of 1920. panchayatr
(a) The 3[State] Government shall cause elec-
tions to be held to the district board or panchayat,
so that the newly elected members may come into
office on the date on which the term of the members -
previously holding office will expire. ,
l[Tamil (b) The term of office of the newly elected
Epgv members shall, subject to the provisions of the '[Tamil
0f1920. Nadu] Local Boards Act, 1920,2and the Madras Dist-
Madras rict Municipalities and Local Boards (Amendment)
Act Il
of 1922. Act, 1921, expire in such calendar year and on such
date therein as the "State] Government may fix :

Provided that thc same calendar year shall be

fixed in respect of all district boards and panchayats
Madras situated in any of t11c distrjcts included in the same ,
AC~XIII Group of the Scl~cdulcto the Madras Local Boards
of 1935. (Amendment) Act, 1935.

4[8:p/analion.--Notl~ing co~ltajllcdjn clause (a)

'[Tamil shall bc deenlcd to afkct in any way thc operation
Naduj
XVI of section 3 of the '[Tal~ulNadu] District Municipalities -
of 1946. and Local Boards (Second Amendment) Act, 1946.1
-- - ----.- --..-------
These words were substituted'for the word "Madras" by
I
the Tamil Nndu Adaptation of Laws Order, I!)(iH, a3 amended by
the Tamil Nadtr Adaptstion of Laws (Second Amenrlme~it)Order,
1U69.
2 N o w the Tamil Nadu District Boards Act, 1920 (Tamil Nadu
Act XIV of 1920). 1
This word was substituted for the word "Provincial'* by
the Adaptation Order of 1!J50. I
1
4 This Explanation was added by saction 3 of, and tho

I
Schedule to, the Tamil Nadu Re-enacting (No. 111) Act, 1948
(Tamil Nadu Act 1X of lu48).
125-14-55 a *

p
h !
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988 Mmicipd and Locnl [I947 : T.N. Act XXIV '

& Q ~ T ~(-4mendmen
J t)

lCIXMIL M D U ] ACT No. X X N OF 1947%.

('I'm'(TAMIL MUNICIPAL
SADU) AND LOCALBOARDS
( ASIENPMENT)
ACT, 1947.1
(Received !fie assent of the Goverrtor O H the 2nd Dccenz-
ber 1947 ; jirst yubli~hrdin the Forr Sr. Gcorge
Gazette or1 tk 9th Decenzber 1947.1
An Act further to amend the YTamil Nadul
District -Municipalities Act, 1920, and
the [Tamil Nadu] Local Boards Act, 1920,3
and to supplement the Madras City
Municipal Act, 1919."
WHEREAS it , i ~:xpedieut further to amend the :[Tamil *[Tamil
Nadu] Di\{ia.c! Mu~lic;pai.!.es A t 1920, ilnd the ~ ~ $ l o f
'[Tamil Naclu] Lc,cal Boards Acr, 1920,3 and to 1920.
supplement 1h-i Madras City Municipal Act, I919,*1 [Tamil
for the purp ~i;-; hereinnher appznring ; it is hereby Efii,,
enacted as follc .rs :-

Short titla 1. ( I ) Thiz .Act may be called

and com- Municipal :in< Local Boards (
mencament. 1947
(2) S c c ~ ~ o2n of this Act shall be deemed to
have conle into force on the 29th day of June 1920,
section 3 011 i h t . 4th day of January 1921, and section
4 on the Is1 clay of April 1946.
'[2. * * * * I
These wor& were substituted for the word " Madras " by the
Trmil Nadu Adrptatipn of Laws Order, 1969, as amended by the
Tamil Nadu Adapukon of Laws (Scmnd Amendment) Order,
1969.
For Statom- of Objecl~ and Reasons, saa Fort St.
Georpr Gazcttr, dabd the 12th August 1947, Part IV-A, pagbs 135-
136.
a Now the Tamil Nadu District Boards Act, 1920 (Tamil Nadu
Act XIV of 1920).
6 Ssaions 2 and 3 were repealed by Tamil

* The short tit10 of this Act has now b o a al

Municipal C m n Act, 1919,
 LatestLaws.com
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.'.".'.
'I
A
. *

1947 : T.N.Act XXrVl Municipal and Local 989

Boards (Amendment)
X * * * * I
4. If any difficulty arises in g;v g effect to the Po,,r to
A C ryof
~
1919.
provisions f
of the Madras City Mun, lpal A d , 1919,'rernova
in relalion to the areas (compr-sing the Saidapet consequent
diffldt ios
Mun:cSpal area, the Sembiam ant1 Amnjikal-~iPan- on theinclu. I
chayat &ireas,ancl certain other areas) include' ' within sipn in the
the 11in.r;of the C.ty of Madras by L o c ~ lA.:minist-
ration Department Notification No. 107, published the Sqidapet,
Eic:sof 1 1

. a t Page 79 of Part I-A o i the Fort St. George Gazette, Semb~am,

dated the 19th March 1946, the a[State] Government, ~~~~i
as occasion requires, Wny, by order, c!o anythingareas.
which apgzars to them necessary for the purpose 1

of removing the difficulty.

" Madras " by the

1969, as amended by
ond Amendment) Order,

rd " Provincial " by the

altered as the Madras

mil Nadu Act XI of
 II
LatestLaws.com

,220 Madras City MunicSpul [I951 : TVN-'A

. ? - (Amendment )
pat'::$ .:*+ f ,,
I .

:-ti.

. , <

' I n

/
I
~n ~ c futther
t to amend the Madras Mdpal -
Act, 1919.*
LatestLaws.com
WHF,REASit is expedient further to amendthe Madras
.: n City Municipal Act, 1919*, for the purposes hereinafter
appearing ; It is hereby enacted as follows :-

short title. 1. This Act may be called the Madras .City Munici-
Psl (Amendment) Act, 1951.
Extension of 2. ti; State Government shall heve power t o
terlfl of pfim d,,ect, that the term of oBce of the councillors
of aldermen ,d alderm-n of the Corporation of Madras which under
andcaudc'llors
oft^ mpma.the law now in force extendsup to noon ofthe first
tion ofday of November 1951 shall extend instead upio no
Yt~Ira.on su ch date as may be fixed by them. '

,"

- 2 t ..
ri

fli
7i;(4
" +
+ *
" 7

2. For Statem:nt of Objects and Reasons, see FO

, . Gazette Extraordinary, dated the 21st August 195
paga 124.
3 ' '. *The short title of this Act has now been
.
"
$9; P
.-;I - -- - - - :, N&as City Municipal Corporation Act, 1919.
ZI I .-
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4 -:-,
Mndrns City ~ t r n i c i p a i C1958: T.N. Act ~ ~ f i i
- l p p l a u m -

902
(A~nendment)

(4) Thc provisions of the principal Act shdl have

I
effect subject to the following modifications, namely : -
((2) The State Governmclit shzll cmse elections to
bs hcld to the cotmcil so that the newly elected cou~lcillors
may come into ofiicc on the date Gxed 2s eforesaid;
+

(b) The term of office of the newly elzcted.

c~uncillcrsshall expire at noon on t he 1st day of Novembcr
immcdiatcly succccc~.ingthe expiry of t hrce yeitrs from the
tlnte refcr~*cdl o i n cl;!usc (0).
(c) The elsctioll of the Mayor, Dcputy M ~ y o and r
memb-I., -C the standing committees LatestLaws.com
shall ba held at the
fl. ;,. meeting of the cou llcil hcld nftcr t hc d:?tc refcrrcd to in
clause (a),and t 113 clcct ion of the ch:rirm~i~ of e:lch standing
committee shall b.- held at thc filVstmceting of scch com-
mittee.
Power to 29. If any diffiz~lltyarises in giving effect to the provi-
remove sions of this Act or of the rrincipl Act :IS amended by this
, Srnto Oov:rnmcnr may, as ocmiion ,nay arise, by
di81cu'tirse ~ c tthe
- order, do anything which appr:?rs to t h ~ l nnecessary for
the purpose of removillg the difficulty. .
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'1 : T. N o Act 221 l l i ? f d . ( ~C'jt.y

~ Ml,,li(~/;,,;/
~ ( 1 ? I, , > , . ( lii(~!~ 1215
? I i f District .A/ rtiri( ipir/ilb-6,
2 2 2 0 1 q;. (lficy*f
..

TAMTL M D U ACT No. 22 0: 1971.*

THE TvIADRAS CITY MUN; CTPA.!, CO PPQRAl.ION
A h D TANIIL NADU DISTRICT h1'ilNCLPA-
LlTIES (AI4ENDMENT 4ND EXTEXSION O F
TERM OF OFFICE) ACT, !971.
[Recril?dt fze assen o f tlzc Gol~rn?oron r 4c 4:/1 Szp.'o?2ltel4
,? 971 , and p ~ t b ~ i ~illX thc
~ d Tcmil N2.i ;I (5ovarnment
' Gr.zette E.~t~*i!ordirzarj~ on the 6th September 1971
CBhaiZra 15, I393).]
Air ;!ct jirr*tlzer to n:??cridtlze Mnclras City Mta~icrpalCor-
poration Act, 19i 9 cir~zdtlic. T~mzilNncIzl Dirtrict Muizi-
dpalities Act. 1 279 ail(! r r L r r: the t ~ i . i ?g j~qfJicf of
t/ .i l

z;zi.:rziciyal colrizcillors.
BE il cnzicteel by I kc I .cgir;lrtul-c (.f t l ~ S!:~tc
: c:f 'I:,n~il
Ni7.d~in the T \ t r c ~ ~ t y - s c c ~Year
! ~ d of tkc Rcp~~blic
b 3 fIndia as f'ollows ':-

PLIRT I.
PRELIMINARY.
1. (1) This Act may be ca.lled the Madras City Muni- Short title am
cipal Ccrporati~nand Tamil Nadu District Municipalities commencement.
( h e h d m e n t and Extension c.f term of office) Act, 1971.
. ..
(2) It shall ccne into force on such date as the State
Government may, by not ific::t ion, appoint and diff.=rent
dates may be appointed for different provisions of this

Rovjded ah2.t arty reference in section 35, section 39,

I[*
2nd Schec?:lIc II t o the conlmencemcnt of this Act
shall bc constr~ec!2s r i referei~ccto the comiizg into force
of tf;e relcvsint provision.

- - -.-
*For Statement of Objects ;md Rci~sons,see Tur~rilP&td[tGovern-
/'

'rncnt Gazette Extr.acrc in :ry d:.ted tfic li th Julv 1971, Part 1V---
' Sectioll 3, page 281.
1 The expressio~l " section 40 " was omitted by s&on 2 of
, the Madras City lvli~nicipal Corporation and Talxil Nadu District
Municipalities (Ameirdment and Fxtelasion of term of ofice)
(Amendment) Act, 1974 (Tamil N8du Act 11 of 1974).
/
/

I
 LatestLaws.com
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121 6 Mrr~l,.~sCity hllinicipnl [1973: T.N. Act 22
Corpo~ationand
Tamil Nadu District Munici~~nlities
(Arnenrl,n~ntand Exfensicn of term of office)

PART 11.
~ ~THE
j q h l ~ y OF MADRAS
~ ~ ~ s CIW MUNICIPAL
COR~ORATION ACT, 1919.

2-34. [ T / Ja,nen6herlts
~ made tfiese sectiorrs
already b p o r incorporated in the principal Act, ~ e f y ,
Madras City Municipnl Corporation Act, 1919 (Ta
Nadzr Acr IV of 1919)-]

Act to be re ad 35. (1) Notwithstanding an.ythi

subject to Act or it1 the 1919 Act, in regard to th
Schedule 11 and of any standing committee 0;: the additionaI
power to
sta
remove difljcul- committee in accordance with the
ties, Act as amended by this Act and o
effect to the said provisions, they sh
to the rules in Schedule 11.

(2) The State Government shall have prver,

notification, to amend, add to, or repeal, the rules in
said Schedule.
(3) If any difficulty arises in
the provisions o f this Act or of the 1919
by this Act or as to the first constitutio
committee, or any additional sta
the commencement of this Act, th
may, as occasion may require, by or
which appears to them necessary for t
moving the difficulty.
(4) Every notification issued under subsection
and every order made under sub-section (3) shall as s
as possible after it is issued or made, be placed on
table of both Houses of the Idegislature,and if, be
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Madras City ~ u n i c i p n i
Corporatbrt and
Tamil Nadu District Municipaliti?~
{Amendinent und Extension of Term of Offife)

the expiry of the session in which it i s so pla ced cr tile

next session, both Ilouses agree in making any rr.edification
in any notification or order or both Houses agree that the
notification or order should not be issued or made, the
notification or order shall thereafter have effect only in
such modified form or be of no effect, as tho case may be,
so however, that any such modifiatjcn or annulment
shall be without prejuciice to the validity cf anything pre-
viously done under thitt notification or order.

PART 111.

AMENDMENTS OF THE TAMIL NADU DTSTRTCT

MbNICIPALITIES ACT, 1920.

icrzfs nzccde by t/zcsc scrctions l ~ c l ~ a

~ l t e dit; the principal Act, rt~linely,
* k t Mz[iricipnNties .Act, 1920 (T'nzil

PART TV.

EXTENSION
OF TERM OF COUNCIII,I.ORS.
OF OFI:ICE

*
38. In this Part, unless the contcxt otherwise rccjuires,- D

" nlcans n councilloi of n rntinicipal

C-1-125-7-77
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4218 ~WarlrnsCity Municipa 2 [I971 : T.N. Act f

Corporation and
Tamil Na& District Municipaliiie s
(Amendment mjd Externion of T rrm o,f Office)

(2) " Government " meansihe State Government ;

(3) " municipal authority " means the Municipal

Corporation of Madras or a Municipal Co~umil.

(4) " orchinary vacancy " means a vacancy occurring

by efaux of time and "ordinary election" means an election
held, on the occurrence c,f an ordinary vacancy.

Extension of 39. Not withst~ndinganything contained in the 19 19

term of oteoe Act, as amended by this Act, the term of office of the
of c0unciUcrs councillors of the Municipal Corporation of Madras
of the
pal MuniciD holding office as such on the date of commoncement of
Corpora-
tion of Madras. this Act shall extend up to l[the thirtieth day of Novem-
bei 19731 q * * * 1 :

Provided that the Government may, by notificati

for sufficient cause direct that the term so extended
reduct.d by such periotlas may be specified in the notifi-
cation and the Gover~in~ttntmay, in the like manner
cancel or nlodit y any such ~zoti ficat ion.
--- -- -- --

1 This expression was substituted for the expression " the firs
day of November 1973 " by section 4(i) of the Ma* City Muni-
cipal Corporation Laws (Amendment) Act, 1973 (Tamil
Act 34 of 1973), which was deemed to have come into for
the 6th October 1973.
a The expression and th reafter Ihe provkio
"
and 55-A of the said 1919 as amended by this Act
as may be, apply to the next ordinary election ta be
omitted by section 4(ii) of the Madras City
ration Laws (Amendment) Act, 1973 (Tamil
1973).

n "
- - *
,
--'Y P .. -, .e
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:1971 : T.N. Act. 221 Madras C i t y ~ u n i c b c t ~

Corporation d ~ z d
I
Tamil Nadu Disr r icr Mzmicipalities
,Set t-nz nj O[ficc.)
(An~endmcntorld B . ~ t [ ' i ~ . ?~fi ~
i

1
I
1
?
.
10. (1 ) Notwithstanding a n y t n ~ n g contajncrI in fileExteasion of
term of office
, 1920 Act, as amerded by this Act, the term of ofice of,- of councillors
of Municipal
(i) l[the councjllors of any in~lnicipalcouncil (other Cotlncil.
, than the Coimbatore Municipal Council)] h o l d i ~ goficf*
as such on 2[tl~edate of publicatioi~of the Madras City
Municipal Corporation and T:t~nilNadu District Munici-
palities (Amendment and Extension of Tern1 of office)
(Amendment) Act , 1973 i 11 t fre Thnzil N'dlr Gavi~rt~nle~ttt
Gazetfe,] and

(ii) t l ~ e"counciiTors (otl~crt hnn the councillors 01'

the Coimbatore Municipal Council) elected] aftcr 3[the
date of publication of the MMaas City Municip'~1Corporic
tion and Tamil Ntdu District Municipalities (A~nendmcnt
and Extension of term of office) (Amendment) Act, 1974
in the Tamil NaJu Government Gazette,] to any newly
constituted or reconstit-uted municipal councjl, 4[slull,
extend up to the noon on the first day of July 1976: ]
7 - ---- -- - - -. . . - i -
T ~ C S C words 11r::rkets wol-c SLIbst i t wtcd for the v q ~ r ( l"tjle
s cc,unc?il]orsof
any municipal council" by section. 2(1) (i) of the 'riirmil Nacl,~l'list rict Municipal
Councillors (Extension of ter-in oC oiTrce) Act, 1975 (Tamil Nacllrr Act 38 of 1975),
which was deemed to llavc come i tit o f orcc on t hc 30t h J 11nz 1 975,
9 This expression was substitutor1 for the expression ''111edate of commence-
ment of this Act" by s:ction 3 of tllc Madras City Mutlicill ;il Corporation and
Tamil Nadu District Municipaiities (Atnendrnzllt and J?t.stcnsion o f term of
office) (Amendment) Act. 1974 Cr;lmil Nadu Aot I I o f 1974).
8 Thesewords andbrackets WCIC suit.,. i , ..,.,L: Tcr tilt. word!: ~~'coi~r~cilfors
electel\"
by sectio112(1) (ii) of t1.c Tamil Nadu 1)istriut Muliicipd (~ouwillors (Extension
of tern1 of om%) Act, 3975 ( ~ a r n i lNadu Act 38 cf 1975), wtli(?i~was deemed to
have come into folcc on the 301 h June 1975.
4 The expression "first ol' ~ Z u ~ u 1974"st wns substituted for t h e expression
"first day of M a y 1974" by scchiiolz 2 of the Madras C i ~ yMu~licipal Corporation
a l ~ u]ramil Nadu District Municipalities (Amendment ri~xr\ Extensiorl of term of
&ce) S econd Amendment ACI.1974 ( ~ a l n iNadu l Act 19 of 1974). Again the
expression "first day of November 1974" was substituted for the expression "first
day of August 1974" by section 2ki) of the Madras City Municipal Corporation
and Tamil Nadu District Municipalities (Amendment nn:i Extensiorl of term of
ace) Third Amendment Act, 1 974 (Tanlil Nadu Act 440 01 1974). Thereafter the
xpression "first day of July 1975" was substituted fatst ke expression "first day
f November 1974" by section 10 of the Tamil Nadu Local Auchorities9 Laws
acond Amendment) Act, 1974 (Talnil, Nadu Act 2 of 2975). The plesent
pression was substituted For the cxpresslon "sl~all,extend up to the noon on
6 first day of July 1975" by section 2(1) (iii) of thc Tamil Nadu District Muni-
I
Councitlors (Bxtension of term of office) Act, 1975 (Tamil Nadu Aot 38 of
I
, which was deemed t o ltnvo cornc into force on ihe 30th Jt~ne1975. I
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1229
. ,
<

I /

1 [Provided that the Government may, by notificeti

for sufficielzt cause direct, that the term SO =extended
, I
further extended for such period not exceeding two n~ont
or be reduced by wtch period as may be specified in t
notifi1:atjon and the Gover nrnent, may, in the like
cancel or iriodify any such not if cation.] :

(2) In regard to the

thereafter to the '[municipal councils (other than.
Coimbatore Municipal Council)] referred to in sub-sectio
(I), the provisions of section 8 o f the said 1920 Act, a
amended by this Act, shall, so far as may be, apply.

Motifications 41. Every notification

to be placed 40> shall, as soon as po
Leg is1~ture.
beforethe onthetableofbothHousesoftheLegislatureandif
the expizy oft he session
session, b ~ t hHouses agree
in any sucl~notificetion or
ncr t ificat ion shoulct. 110t be
thereafter have effect orily it
no effect, as the case may
inodificatioiz or annulmen
to the wc~licfity of anyt hin
not ificat io 11.

" Provid :(I that the

s uficicni c a w ciircct, that
s ~ c hpcriocf :is m::y bc
rnerlt may, in the like mallflex-,
tion. ".
rhesc t+ords ;lnd br
+ nnlunicipl counclls "by sect
hI anicioal Clour:cillors (Extz
(Tamil Nadu Act 35 of 1975
into force on the 50111 J.,~lc I

frmy=fl--
I
.*-;. ,,, - ,
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971 : T.N. Act 221 .Mcldrm C w Mmice~al

Corporutim and
Tamil Nadu District Municip:!litief
(Amendment and Extension of Term7 !G OD

SCHEDULE I.

I (See section 34.)

The amendments made in. Sc?zsd~lleI lwve alrecldy bee11

incorporated in the Madras City Municipal Corpora-
tion Act, 1919 (Tamil Nudu Act IV of 1919).]

SCHEDULE 11.

PROVISIONS.
TRANSITIONAL
(See section 35.)

1. Tlxe central committee, the corporation accou~lts

committee, the contracts committee, the licence appeals
committee and all circle committees constituted under the
provisions of the 1919 Act are hereby abolished with effect
from the commel~ccmentof this Act ; and the council
shall, within a period of fifteen days from the date of the
ccmlllencernent of this Act, elect the members lo the
standing co111mi ttee:; in accordance with such prcccdure
as the State Govermncnt m2y, by order, specify in this
behalf; and i l ~ c stantling comnlittees constituted in
accordance with titc provisionsofthc 1919 Act,nsamended
by this Act, sliall clcct tlwir clxairmen, as soon a s n v y be,
after c]ccl ion. or the inc~nhersof the st allding con~mitd
I tccb. ill ;~ccoi-~f::t ~ c cwit 11 strcl~proced~rrca s the Stn tc
Gov~rlltncnt 11l:t.y.by 0 1 ~iri.,spcci~yill f his ~ c I I ~ L ! ~ .

2. Any rcfcrei~cclo a ccn!r;rl oonunittce, a corpurntio~l

~ C C O U I I ~ CU t t c ~ ,;I co 171I - ~ C I S CO-i
S 111111i t tcc, it licctlco
appeals commitlee and tlw circle committees, consti t ated
or established undcr the 1919 Act or the &a-irman or
member of such committee, contained in any enactment
in force in the Sta.te of Temi 1 Nadu or in ally noiificztion,
order, scl~eme,rule, form or by-law made under ally sclc!~
enactment and in force in the said Statc, sha1l:aftcr the
commencement of this Act, be construed as a rel'ereilce
to the standing commit tee cr ths cl~airmzn,or member c?
ittee as the circurnsteams sf t'r.9 C C ~
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1222 Madr.&s City M ~ i ~ g i c i ~ ~ l[1941. : T.N. Act 22
Carpuratiun add
Tmnil Nd& District M ~ r i c i l ~ u l i r i e ~
1 ( h ~ ~ d van(!'
~ oE.rttasioJz
l ~ of Tcrm of Office) i

Pr(;videri ili;it, i t shall bc ope11 to the coullcil to direct

that any such rcikrence shall b coilstrued as a reference
to itsclr (!r t o sl~chotficr iruthority or person as may be
spccilicd by it by scsolution.
3. All prcmdings pc~lding before any such central
co rnmit tee, t lzc: corporation rtccoultts committee, the
contracts committee, the licence appeals co~nmitteoa11d
all the cir~la:colninittees at the commencement of this
ACL..,;~y,ill 5 0 far as they are not inconsistent with the
~rtwisionsof ihc 1919 Act, iks amendcd by this Act, bc
eontinacd u ~ l d c rthe 1919 Act as so amended, by t h ~
rtandil!g cc~trimit tec to wlticl~the subjcct-nratt$r of the
~roceediugrrcli~tcto or if t ltc couinil w directs in any
S Ciiscs by the councij.
case or G ~ ~ L Sol'

4. Ally order passed, actio~ltaken or thing done by a

miltral co~nnzi:tcc, a corporal ion accounts committee,
a contntcts conunittcc, a limsw irppeals committee, or
the circle ~onlmitteesbefore the commencenlent of this
Act shall, subject to the provisions of the 1919 Act, as
amended by this Act and to such directions as the council
may, by general or special order, give in this behalf, be
deemcd to have been passed, taken 01 done by the
or the concerned standing committee as the' circul
may requirc unless and until the same is suporsed
srrclj ccouncil, or the concerned standi og committoe

F.*"' . .
 LatestLaws.com
332 Madras City Manicfpal [I973 :T.N. Act 54
Corporation Laws (Amendment)
TAlMIL NADU ACID NO. 34 OF 1973.*
THE M.4DKAS CITY MUNICIPAL CORPORATION
LAWS (AMENDMENT) ACT, 1973.
[Received the assent of the Governor on the 29th Novem-
ber 1973, first published in the Tamil Nadu Govern-
ment Gaz- tte Extraordinary on the 29th November
1973 [Karthigai 14, Piramathisa (2004-Tiruvalluvar
Andu)] .I
An Act further to amend the Wladras City lMunicipa1
Corporation Laws.
BE it enacted by the Leglslalure of the State of Tamil
Nadu in the Twenty-fourth Year of the Republic of
India as follows:-
Shorl title and 1, (1) This Act may be called the Madras City Municipal
commencement. Corporation Laws (Amendment) Act, 1973.
(2) Clause (i) of section 4 shall be deemed'to b v e
come into force on the 6th October 1973 and the rest of
this ~ c shall
t come into force at once.
2-4. [The amendments made by these sections have
already been incorporated in the principal Acts, namely,
the Madras City Municipal Corporation Act, 1919 (Tamil
~ a d uAct IV of 1919) and the Madras City Municipal
Corporation and Tamil Nadu District Municipalities
(Amendment and Extension of Term of Oflice) Act, 1971
(Tamil Nadu Act 22 of 1971),]
Mayor, Deputy
5. Notwithstanding anything contained in the principal
M ~etc., ~ to Act~ or~in the
, Amendment Act, all members of the corpora-
vacate ofiice. tion as well as the Mayor and the Deputy Mayor (including
councillors who are members of the committees established
or constituted by or under the principal Act) holding
office on the date of the publication of this Act in the
Tamil Nadu Government Gazette, shall be deemed to have
vacated their offices on the 30th November 1973 and
fresh elections shall be held in accordance with the provisions
of the principal Act as amended by this Act.
Repeal and 6. (1) The Madras City Municipal Corporation and
saving. Tamil Nadu District Municipalities (Amendment and
Extension of Term of Office) (Amendment) Ordinance,
1973(Tamil Nadu Ordinance 7 of 1973), is hereby repealed.
(2) Notwithstanding such repeal, anything done or
any action taken under the principal Act or the Amend-
ment Act, as amended by the said Ordinance, shall be
deemed to have been done or taken under the principal
~ c ort the Amendment Act as amended by this Act, as
if clause (i) of section 4 had come into force on the 6th
October 1973.
* For Statement of Objects and Reasons, see Tamil Nadu
Government Gazette Extraordinary, dated .the 24th November 1973,
part Iv-Section 3, Page 283.
 LatestLaws.com
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1976 : President'slAct 131 Madras City Municipal 541

Corporation (Amendment)

PRESIDENT'S ACT NO. 13 OF 1976.*

THE MADRAS CITY MUNICIPAL CORPORATION
(AMENDMENT) ACT, 1976.
[Received the assent of the President on the 16th April 1976,
Jirst published in the Tamil Nadu Government Gazette
Extraordinary on the 17th April 1976 (Chithirai 5, Nala
(2007-Tiruvalluvar Andu)).]

Enacted by the President in the Twenty-seventh Year

of the Republic of India.
An Act further to amend the Madras City Municipal
Corporation Act, 1919.
In exercise of the powers conferred by section 3 of the
Tamil Nadu State Legislature (Delegation of Powers)
Act, 1976 (41 of 1976), the President is pleased to enact as
follows :-

1. (1) This Act may be called the Madras City Short title
Municipal Corporation (Amendment) Act, 1976. and commence-
ment.
(2) It shall be deemed to have come into force
on the 29th day of November 1975.

2. In section 55-B of the Madras City Municipal Amendment

Corporation Act, 1919 (Tamil Nadu Act IV of 1919) of section
(hereinafter referred to as the principal Act), in sub-section 55-B.
(I), for the words "within a period of one year", the words
"within a period of two years" shall be substituted.
3. (1) The Madras City Municipal Corporation Repeal and
(Amendment) Ordinance, 1976 (Tamil Nadu Ordinance 5 saving.
of 1976), i q hereby repealed.
(2) Notwithstanding such repeal, anything done
or any action taken under the principal Act, as amended
by the said Ordinance, shall be deemed to have been done
or taken, under the principal Act as amended by this Act.

--
*For Reasons for the enactment, see Tamil Nadu Government
Gazette Extraordinary, dated the 17th April 1976, Part IV--Section
2, Page 144.
 LatestLaws.com
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ifld : hesfient$sAct 221 Madra;~bity Munfclpal 595
Corporation, Tamil Nadu
District Municipalities an c
Tamil Nadu Panchayats (Amendment

PRESIDENT'S ACT NO. 22 OF 1976.*

THE MADRAS CITY MUNICIPAL CORPORATION,
TAMIL NADU DISTRICT MUNICIPALITIES
AND TAMIL NADU PANCHAYATS (AMEND-
MENT) ACT, 1976.
[Received the assent of the President on the 31st May 1976,
first published in the Tamil Nadu Government Gazette
Extraordinary on the 1st June, 1976 (Vaikasi 19,
Nala (2007-Tiruvalluvar Andu)) ,I
Enacted by the President in the Twenty-seventh Year
of the Republic of India.
An Act further to amend the Madras City Municipal
Corporation Act, 1919, the Tamil Nadu District
Municipalities Act, 1920 and the Tamil Nadu Pan-
chayats Act, 1958.
In exercise of the powers conferred by sectioli 3 of the
Tamil Nadu State Legislature (Delegation of Powers)
Act, 1976 (41 of 1976), the President is plehsed to enact
as follows :-
1. (1) This Act may be called the Madras City Short title and
Municipal Corporation, Tamil Nadu Distrlct Munla- wmmencementt
palities and Tamil Nadu Panchayats (Amendment) Act,
1976.
(2) It shall come into force on such date as the State
Government may, by notification, appoint.
2. In the Madras City Municipal Corporation Act, Amendment of
1919 (Tamil Nadu Act IV of 1919), in section 135, in Tamil Nadu
clause (b), for items (i), (ii) and (iii) and the entries rela- Act 1V Of 1919-
ting thereto, the following shall be substituted, namely :-

'' (i) Sale of immovable The market value of the

property. property as set forth in
the instrument, and in a
case where the market
value is finally deter-
mined by any authority
-- -
*For Reasons for the enactment, see Tamil Nadu Government
Gazette Extraordinary, dated the 1st June 1976, Part IV-Section
2, Pages 207-208.
 LatestLaws.com
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$96 ~ d r Citya Mwnisigat [I976: President's Act 22
Corporation, Tamil Nadu
District dMrcnicipalities and
Tamil Nadu Panchayats (Amendment)
under section 47-A of the
Indian Stamp Act, 1899
(Central Act I1 of 1899),
the market value as so
determined by such
authority.
(ii) Exchange of immovable The matket value of the
property. property of the greater
value as set forth in the
instrument, and in a case
where the market value
is finally determined by
any authority under sec-
tion 47-A of the Indian
Stamp Act, 1899 (Cen-
tral Act I1 of 1899),
the market value as so
determined by such
authority.
gii) Gtft of immovable The market value of the
property. property as set forth in
the instrument, and in a
case where the market
value is finally determi-
ned by any authority
under section 47-A of the
Indian Stamp Act, 1899
(Central Act I1 of 1899),
the market value as so
determined by such
authority.".

Amendment of 3. In the Tamil Nadu District Municipalities Act,

Tamil Nadu Act 1920 (Tamil Nadu Act V of 1920), in section 116-A,.in
V of 1920. clause (b), for items (i), (ii) and (iii) st nd the entries
rela t ~ n gthereto, the follcwing shall be substituted,
namely :-
- c6(i) Sale of immovable The market value of the
property. property as set forth in
the instrument, and in a
oase where the market
I
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1976 : president's Act 221 ~ a d r k City
s hnkipal 597
Corporation, Tamil Nadu
District Municipalities and
Tamil Nadu Panchayats (Amendment)
value is finally deter-
mined by any a.uthority
under section 47-A of the
Indian Stamp Act, 1899
(Central Act I1 of 1899),
the market value as so
determined by such
authority.

(ii) Exchmge of immovable The market value of the

property. property of the grrater
value as set forth in the
instrument, ~ . n in
d a case
where the market value
is finally determined by
any authority under
section 47-A of the
Indian Stz.mp Act, 1899
(Central Act 11 of 1899),
the market value as so
determined by such
authority.

(iii) Gift of immovable pro- The market value of the

PertY. property as set forth in
the instrument, and in a
case where the market
valve is finally deter-
mined by any authority
under section 47-A of
the Indian Stamp Act,
1899 (Central Act I1 of
1899), the market value
as so determined by such
authority."*

4. [The amendementsmade by this section have already

been incorporated in the principal Act, namely, the TanttZ
Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of
1958).1
 LatestLaws.com
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598 Local Authoritf~.'Laws
(Amendment)
I 1976 : President's Act 23
1
PRESIDENT'S ACT NO. 23 OF 1976."
THE TAMIL NADU LOCAL AUTHORITIES'
LAWS (AMENDMENT) ACT, 1976.
[Received the assent of the President on the 31st May 1976,
first published in the Tamil Nadu Government Gazette
Extraordinary on the 1st June 1976 (Vaikasi 19, Nala
(2007-Tiruvalluvar Andu)).]
Enacted by the President in the Twenty-seventh Year of
the Republic of India.
An Act further to amend the Tamil Nadu Local Autho-
rities' Laws.
In exercise of the powers conferred by section 3 of the
Tamil Nadu State Legislature (Delegation of Powers)
Act, 1976 (41 of 1976), the President is pleased to enact as
follows :-
Short title and 1. (1) This Act may be called the Tamil Nadu
commencement. Local Authorities' Laws (Amendment) Act, 1976.
(2) It shall come into force on such date as the
State Government may, by notification, appoint.
Amendment of 2. In the Madras City Municipal Corporation
section 111 of#Act, 1919 (Tamil Nadu Act I V of 1919),
and insertion of
new section 11F (i) in section 111, after sub-section (3), the
Tamd
An IV following sub-section shall be inserted, namely :-
of 1919.
"(4) Nothing contained in this section shall I
apply to any person subject to the Army Act, 1950 (40
of 19501, the Navy Act, 1957 (62 of 1957) or the Air Force
Act, 1950(45 of 1950) who is compelled by the exigencies
of military, naval or air force duty to reside within the
limits of the City." ;
(ii) after section 115, the following section shall be
inserted, namely :-
" 115-A. Deduction of profession tax from salary
or wages or other sum.-(1) Every employer shall, on
receipt of a requisition from the commissioner, deduct
-- - - ---
*For Reasons -for the enactment, see TamilNadu Government
Guzette Extraord~nary,dated the 1st June 1976, Part IV-Sectiog 2,
Page 215,
I
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1976 : President's Act 231 Local Authorities' Laws 599
(Amendment)
from the salary or wages of any person employed by the
employer as an officer or a servant or from any sum
payable by the employer to any person employed by the
employer as dubash, agent, supplier or contractor, such
amount of profession tax, as may be specified in such
requisition, as being due from such employed person.

Explanation.-In this sub-section, " employer ' 9

includes the head or secretary or manager of any public
or private office, hotel, boarding house, club, firm or
company.
(2) Every person responsible for making any
deduction under sub-section(1) may, at the time of making
the deduction, increase or reduce the amount to be
deducted under sub-section (1) for the purpose of adjusting
any excess or deficiency arising out of any previous deduc-
tion or failure to deduct during the half-year.
(3) Any deduction made in accordance with
the provisions of sub-sections (1) and (2) and paid to the
corporation shall be treated as a payment of profession
tax on behalf of the person from whose salary or wages
the deduction was made p r on behalf of the person to
whom .the sum from whlch the deduction was made is

~
I payable, and credit shall be given to him for the amount
so deducted on the production of the certificate furnished
under sub-section (5) in respect of the profession tax,
if any, due from that person for the relevant half-year
under this Act.
(4) Any sum deducted in accordance with the
provisions of sub-sections (1) aqd (2) shall be paid with~n
1 the prescribed time to the cred~tof the corporation.
(5) Every person making the deduction under
sub-section (I) or sub-section (2) shall, at the time of
payment of the salary or wages or sum, furnish to the
persons to whom such payment is made a certificate to
the effect that profewion tax has been deducted, and
specifying the amount so deducted and such other parti-
culars as may be prescribed.
(6) Where profession tax due from. any
employed person is deducted under sub-section ( I ) or
sub-section (2), the person from whose salary or wages the

I
 LatestLaws.com
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I
600 h a 1 Authorities' 11976: President's Act 23
Laws (Amendment)

deduction .was made or the person to whom the sum

from which the deduction was made is payable shall not
be called upon to pay the tax himself to the extenr to which
tax has been so deducted.
(7) Every person making the deduction under
sub-section (1) or sub-sectlon (2) shall prepare and, within
such period as may be prescribed after the expiry of the
half-year, deliver or cause to be delivered to the commis-
sioner in the prescribed form and verified in the prescribed
manner, a return in writing showing the name and resi-
dential address of every person from whose salary or
wages deduction was made under sub-section (1) or sub-
section (2), and of every person to whom the sum from
which such deduction was made is payable, the amount so
deducted, and the half-year to which the deduction relates.

(8) If any person responsible for making any

deduction under sub-section (1) or sub-section (2) fails to
comply with any of the provisions of this section, he shall
be punishable with fine which may extend to five hundred
rupees: I
I
Provided that nothing dontained in this sub-
section shall apply to the Central Gc'vernment or any
State Government or any officer of' any such Govern-
ment.
(9) The provisions of this section shall apply
notwithstanding any law to the contrary for the time
being in force.".

Amendment of 3. In the Tamil Nadu District Municipalities Act,

section 93 of, 1920 (Tamil Nadu Act V of 1920),-
and insertion
of new section
97-A in, Tamil
Nadu Act V of (i) in section 93, after sub-section (4), the following
1920 sub-section shall be inserted, namely :-
"(5) Nothing conta,ined in this section shall
to any person subject to the Army Act, 1950 (46
of 1950), the Navy Act, 1957 (62 of 1957) or the Air Force
Act, 1950 (45 of 1950) who is compelled by the exigencies
of military, naval 01 air force duty to reside within the
limits of the municipality. " ;
 LatestLaws.com
LatestLaws.com

1976 : President's Act 231 Local Authorities' Laws 601

(Amendment)

(ii) after section 97, the following section shall

be inserted, namely :-
"97-A. Deduction of profession tax from salary
or wages or other sm.-(1) Every employer shall, on
receipt of a requisition from the executive authority,
deduct from the salary or wages of any person employed
by the employer as a n officer or a servant or from any
sum payable by the employer to any person employed
by tht; employer as dubash, agent, supplier or contractor,
such amount of profession tax, as may be specified
in such requisition, as being due from such employed
person.

Explanation.-In this sub-section, "employer"

includes the head or secretary or manager of any public
or private office, hotel, boarding -house, club, lirm or
company.
(2) Every person responsible for making any
I deduction under sub-section (1) may, at the time of making
the deduction, increase or reduce the amount to be de-
ducted under sub-section (1) for the purpose of adjusting
any excess or deficiency arising out of any previous de-
duction or failure to deduct during the half-year.
(3) Any deduction made in accordance with
the provisions of sub-sections (1) and (2) and paid to the
municipality shall be treated as a payment of profession
tax on behalf of the person from whose salary or wages
the deduction was made or on behalf of the person t o
whom the sum from which the deduction was made is
payable, and credit shall be given to him for the amount
so deducted on the production of the certificatefurnished
under sub-section ( 5 ) in respect of the profession tax,
if any, due from that person for the relevant half-year
under this Act.
(4) Any sum deducted in accordance with
the provisions of sub-sections (1) and (2) shall be paid
within the prescribsd time to the credit of the munici-
pality.
(5) Every perso? making the deduction unda
sub-section (1) or sub-section (2) shall, a t tbe time of
payment of the sslary or wages or sum, furnish to tb
 LatestLaws.com
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602
I
Local Authorities' Laws 11976 : President's Act 23
(Amendment)
I
person to whom such payment is made a certificate to
the effect that profession tax has been deducted, and
specifying the amount qo deducted and such other parti-
culars as may be prescribed.
(6) Where profession tax dce from any em-
ployed person is deducted under sub-section (1) or sub-
section (21, the person from whose salary or wages the
deduction was made or the person to .whom the sum
from which the deduction was made 1s payable shall
not be called upon to pay the tax himself to the extent
to which tax has been so deducted.
( 7 ) Every person making the deduction under
sub-section (1) or sub-section (2) shall prepare and, within

1
such period as may be prbscribed a ter the e x ~ i r yof tk.0
half-year, deliver or cause to be elivered to the exe-
cutive authority in the prescribed orm and verified in
the prescribed manner, a return in writing showing the
name and residcatial address of every person from whose
salary or wdges deduction was made under sub-section
(1) or sub-section (21, and of every person to whom the
sum from which such, deduction was made is payable,
the am,unt so deducted, and tre half-year to which the
deduction relates.
(8) If any person responsible for making
any deduction under sub-section (1) or sub-section (2)
fails to comply with any of the provisions o f t his section,
he shall be punisbable with h e which may extend to five
hundred rupees :
I
Provided that nothing contained in this sub-
section shall apply to the Central Government or any
State G~vernmentor any officer of any such Government.
(9) The provisions of this section shall apply
any law to the contrary for the time
being in force.".
4 . [The amendments made by this section have already
been incorporated in the principal Act, namely, the Tamil
Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of
1958).]
5. [The umendment made by this section has already
been incorporated in the principal Act, namely, the Madu-
rai City Municipal Corporation Act, 1971 (Tamil Nadu
Act 15 41f 19711.1
 LatestLaws.com
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654
Corporation (Second
d
Madras C i t y ~ u n i o i ~ a i[I97 : President's Act 42 '

Amendment)
1
PRESIDENT'S ACT NO. 42 OF 1976."
THE MADRAS CITY MUNICIPAL CORPORATION
(SECOND AMENDMENT) ACT, 1976.
[Received the assent of the President on the 28th November
1976, first published in the Tamil Nadu Government
Gazette Extraordinary on the 29th November 1976
(Karthigai 14, Nala (2007-Tiruvalluvar Andu)).]
Enacted by the President in the Twenty-seventh Year of
the Republic of India.
An Act further to amend
I
the Madras City Municipal
Corporation Act, 1919.
I
In exercise of the powers conferred by section 3 of the
Tamil Nadu State Legislature (Delegation of Powers)
Act, 1976 (41 of 1976), the President is pleased to enact as
follows :-
short titie. 1. This Act may be called the Madras City Municipal
Corporation (Second Amendment) Act, 1976.
Amendment / 2. In section 55-B of the Madras City Municipal
of section
55-B. Corporation Act, 1919 (Tamil Nadu Aot I V of 1919), in
sub-section (1), for the words "within a period of two
years ", the words "within a period of three years" shall
be substituted.

- -.
* For Reasons for the enactment, Ses Tamil Nadu Government
Gazette Extraordinary, dated the 29th November 1976, Par: IV-
Section 2, Pages 348349.
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686 Madras City Munictpal [1!V8: T.N.Act f b
Corporation (Amendment) .

TAME NADU ACT NO. 10 OF 1M8.*

THE MADRAS CITY MUNICIPAL CORPORATION
(AMENDMENT) ACT, 1978.
[Received the assent of the Governor on the 30th January
1978, Jirst published in the Tamil Nadu Government
Gazette Extraordinary on the 31st January 1978 (Thai 18,
Pinkala (2009-Tiruvalluvar Andu)).]

An Act further to amend the Madras City Municipal

Corporation Act, 1919.
I
BE it enacted by the Legislature of the State of Tamil
Nadu in the Twenty-eighth Year of the Republic of India
as follows :-
Short title 1. (1) This Act may be called the Madras City Muni-
and commence-
ment. cipal Corporation (Amendment) Act, 1978.
(2) It shall be deemed to have come into force on
the 29th day of November, 1977.
Amendment of 2. In section 55-B of the Madras City Municipal
irf$$du
secei?n 55-Bs Corporation Act, 1919 (Tamil Nadu Act IV of 1919),
in sub-section (I),-
1919. (i) for the words " within s pekod of three yLars ",
the words "within a period of four years " shall be
substituted ;
(ii) after the proviso, the following proviso shall be
added, namely :-
"Provided further that the State Government
may, by notification, for sufficient cause direct that the
period specified in sub-section (1) shall be reduced by
such period, not exceeding six months, as may be specified
in such notification."
I
Repeal. 3. The Madras City Municipal dorpration (Amend-
ment) Ordinance, 1977 (Tamil Nadu Ordinance 4 of 1977),
is hereby repealed.
I
o or Statement of Objects and Reasons, see TamilNadu
Government Gazette Bxtraordinary, dated the 1st September
1978, Part IV--Section 1, Page 419.
I
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1978 :*.N. Act ill tocat ~ ~ r h d r i t i eh

sw
's 684
(Am endment )

TAMIL NADU ACT NO. 11 OF 1978.*

THE TAMIL NADU LOCAL AUTHORITIES' LAWS
(AMENDMENT) ACT, 1978.
[Received the assent of the Governor on the 30th January
1978, first published in the Tamil Nadu Government
Gazette Extraordinary on the 3 1st January 1978 (Thai 18,
Pinkala (2009-Tiruvalluvar Andu)).]
An Act further to amend the Tamil Nadu Local Autho-
rities' Laws.
BE it enacted by the Legislature of the State of Tamil
Nadu in the Twenty-eighth Year of the Republic of India
as follows :-
1. (1) This Act may be called the Tamil Nadu L o ~ a l ~ ~ ~ ' $
Authorities' Laws (Amendment) Act, 1978. ment.
(2) It shall come into force at once.
2. In the Madras City Municipal Corporation Act, Amendment of
1919 (Tamil Nadu Act IV of 19191,- sections 52 and
53, Tamil Nadu
(i) in section 52,- Act IV of
19J9.
(a) after sub-section (I), the following sub-section
shall be inserted, namely :-
"(1-A) A person convicted of an offence
punishable under the Protection of Civil Rights Act,
1955 (Central Act 22 of 1955), shall be disqualified for
election or co-option as a councillor for a period of five
years from the date of such conviction. " ;
(b) in sub-section (3), for the expressions " sub-
section (1) " and " such sentence ", the expressions " sub-
section (1) or sub-section (1-A) " and " such conviction
or sentence" shall rqspectively be substituted ;
(ii) in section 53,-
(a) in sub-section (I), after clause (a), the follow-
ing clause shall be inserted, namely :-
"(aa) is convicted of an offence punishable
under the Protection of Civil Rights Act, 1955 (Central
Act 22 of 1955):";
+For Statement of Objects and Reasons, see Tamil
Government Gazette Extraordinary, dated the 3rd January 1978,
Part IV-Section 1, Page 12.
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688 Local Authorities' Laws 't1918: ZN:h o t ii
(Arnrndmcnt)
I
(b) in sub-section (2), for the expressions " clause
(a) of sub-section (1) " and " such sentence ", the
expressions " clause (a) or clause (aa) of sub-section (1) "
and " such conviction or sentence " shall respectively
be substituted ;
(c) in sub-section (3), for the expressions " clause
(a) or " and " sentence or order " and " sentence ", the
expressions " clause (a), clause (aa) or " and " conviction,
sentence or order " and " conviction or sentence " shall
respectively be substituted.
I
Amendment of 3. In the Tamil Nadu District kunicipalities Act,
sections 49 and
50, Tamil Nadu 1920 (Tamil Nadu Act V of 1920),-
AGOV of 1920. (i) in section 49,-
(a) after sub-section (I), the following sub-section
shall be inserted, namely :-
I
" (1-A) A person convicted of an offence
punishable under the Protection of Civil Rights Act,
1955 (Central Act 22 of 1955), shall be disqualified for
election as a councillor for a period of five years from
the date of such conviction. " ;
(b) in sub-section (3), for the expressions "sub-
section (1) " and " such sentence ", the expressions " sub-
section (1) or sub-section (1-A)" and " such conviction
or sentence " shall respectively be substituted ;

(ii) in section 50,-

(a) in sub-section (I), after clause (a), the following
clause shall be inserted, namely :-
" ( a ~ is
) convicted of an offence punishable
under the Protection of Civil Rights Act, 1955 (Central
Act 22 of 1955) ;" ;
(b) in sub-section (21, for the expressions " clause
(a) of sub-sytion (1) " and " such sentence ", the
expressions " clause (a) or clause (aa) of sub-section
(1) " and " such conviction or sentence " shall respectively
be substituted ;
(c) in sub-section (3), for the expressions " clause
(a) of sub-section (1) ", " sentence or order " and
" sentence ", the expressions " clausc (a) or clause ( a ~ >
of sub-section (1) ", " conviction, sentence or order "
and " conviction or sentence " shall respectively be
substituted.
 LatestLaws.com
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1978 :T.N.Act 111 &cat Authorities' Law# 689
(Amendment)

4. [The amendtnents made by this section have already

been incorporated in the principal Act, namely, the Tamil
Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV o f
1958).]
5. [The amendments made by this section have already
been incorporated in the principal ~ c tnamely,
, the Madurai
City Municipal Corporation ~ c t 1971, (Tamil Nadu Act
15 of 1971),]
 LatestLaws.com
LatestLaws.com
940 Madras City Municipal [1978: T.N. Act 37
Corporation and the Madurai
City Municipal Corporation
(Amendment) 1
TAMIL NADU ACT NO. 57 OF 1978."
THE MADRAS CITY MUNICIPAL CORPORATION
AND THE MADURAI CITY MUNICIPAL
CORPORATION (AMENDMENT) ACT, 1978.
[Received the assent of the Governor on the 30th September
1978, first published in the Tamil Nadu Government
Gazette Extraordinary on the 4th October 1978
(Purattasi 18, Kalayukti (2009-Tiruvalluvar Andu)).]
An Act further to amend the Madras City
Municipal Corporation Act, 1919 and the Madurai
City Municipal Corporation Act, 1971.
BEit enacted by the Legislature of the State of Tamil Nadu
in the Twenty-ninth Year of the Republic of India as
follows:-

PART I. 1
Short 1. (1) This Act may be called the Madras City Municipal
tihand Corporation and the Madurai City Municipal Corporation
(Amendment) Act, 1978.
m t .
I
(2) It shall be deemed to have come into force on the
26th July 1978.
-,, PART 11. 1
I
AMENDMENTS
OF THE MADRAS
CITYMUNICIPAL
CORPORATIONACT, 19 19.
Amondmant 2. In sub-section (1) cf section 6-B of the Madras
of section
G-B,~ ~ ~City iMunicipal Corporation Act, 1919 (Tamil Nadu Act IV
Nadu Act n r of of 1919) (l hereinafter referred to as the 1919 Act), for the
1919. words " at 'its first meeting after the election of the Mayor
and the Deputy Mayor", the words "on such date as may
be notified by the State Government in this behalf" shall
be substituted.
---
C * For Statement of Objects and Reasons, see Tamil Nadu
Government Gazette Extraordinary, dated the 1st September
1978, Part IV-Section 1, Pages 4 2 2 4 2 3 .
I
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1978: T.N. Act 371 Madras City Mnicipaf Corporation 9 4

and the Madurai City Municipal
Corporation (Amendment)

3. In section 28 of the 1919 Act, for sub-section (I), the Amendment

following sub-section shall be substitutcd, namely :-
Btf z9.
of
28, Tamil
Section
"(I) The Council shall, at its first meeting after each
ordinary election to the Council and at its first meeting after
the expiry of two years thereafter-
(i) elect one of its members to be the Mayor; and
I (ii) elect one of its members other than the Mayor
to be the Deputy Mayor.".
I 4. In section 29 of the 1919 Act, for the first paragraph.
the following shall be substituted, namely:-
$;"c"t~z?
29. Tamil
~ a d u Act
"The Mayor or Deputy Mayor shall be entitled to hold rv of 1919.
office for a period of two years from the date of his election
and the Mayor or Deputy Mayor shall continue as such
Mayor or Deputy Mayor until the election of his successor,
provided that in the meantime he does not cease to be a
Councillor.".
5. In sub-section (7-A) of sect ion 44-A of the 1919 Amendment
Act, for the words '' five years" occurring in theof section
44-A, Tamil
first paragraph, the words " six years " shall be Nadu Act I~
substituted. of 1919.
6. In section 55 of the 1919 Act, for the words "five Amendment
years" occurring in the first paragraph, the words "sixof section
Tamil Nadu55*
years " shall be substituted. Act IV of
PART 111. 1919.

7-12. [The amendments made by this Part have already

been incorporated in the principal Act, numely, the
Madurai City Municipal Corporation Act, 1971 (Tamil
Nadu Act 15 of 1971).]
13. (1) The Madras City Municipal Corporation and Repeal.
the Madurai City Municipal Corporation (Amendment)
Ordinance, 1978 (Tamil Nadu Ordinance 9 of 1978), is
hereby repealed.
(2) Notwithstanding such repeal, anything done or
any action taken under the 1919 Act and the 1971 Act, as
amended by the said Ordinance, shall be deemed to have
been done or taken under the 1919 Act and the 1971 Act as
amended by this Act, as if this Act had come into force on
thc 26th July 1978.
 LatestLaws.com
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t
960 Madras City Municipcti [I979 : T.N. Act 8
Corporation (Amendment)
TAMIL NADU ACT NO. 8 OF 1979.*
THE MADRAS CITY MUNICIPAL CORPORATION
(AMENDMENT) ACT, 1979.
[Received the assent of the Governor on the 20th March
1979, first published in the Tamil Nadu Government
Gazette Extraordinary on the 21st March 1979
(Panguni 7, Kalayukti (201C-Tiruvalluvar A andu)).j
An Act further to m e n d the Madras City Municipal
Corporation Act, 1919.
BE it enacted by the Legislature of the State of Tamil
Nadu in the Thirtieth Year of the Republic of India
as follows:-
I
Short title 1. (1) This Act may be called the Madras City Munici-
and commence- pal Corporation (Amendment) Act, 1979.
ment.
(2) It shall be deemed to have come into force on
the 27th November 1978.
I
Amendment 2. In section 55-B of the hadras City Municipal
of section 55-B, C~rporationAct, 1919 (Tamil Nadu Act IV of 1919)
Tamil Nadu Act
IV of 1919. (hereinafter referred to as the principal Act), in sub-
section (I),-
(i) for the words "within a period of four years",
the words "within a period of four years and six months"
shall be substituted ;
(ii) in the second proviso, for the words "not exceed-
ing six months", the words "not exceeding three months"
shall be substituted.
I
Repeal. 3. (1) The Madras City I ~ u n i c i ~ a Corporation
l ,
(Second Amendment) Ordinance, 1978 (Tamil Nadu
Ordinance 18 of 1978), is hereby repealed.
(2) Notwithstanding such repeal, anything done
or any action taken under the principal Act as amended
by the said Ordinance, shall be deemed to have been done
or taken under the principal Act as amended by this
Act.
-
* For Statement of Objects and Reasons, see Tamil Nadu Govern-
ment Gazette Extraordmnary, dated the 15th February 1979, Part
IV-Section 1, Pages 13-14.
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1979 :T.N. Act 301 Local Authorities' L a r s 985

(Amendment)

TAMDL NADU ACT NO. 30 OF 1979.*

THE TAMIL NADU LOCAL AUTHORITIES'
LAWS (AMENDMENT) ACT, 1979.
[dleceived the assent ofthe Governor on the 28th May 1979,
first published in the Tamil Nadu Government Gazette
Extraordinary on the 29th May 1979 (Vaikasi 15, Chitharthi
(2010-Tiruvalluvar Andu)) .]
An Act further to amend the Tamil Nadu Local
Authorities Laws.
BE it enacted by the Legislature of the State of Tamil
Nadu in the Thirtieth Year of the Republic of India as
follows :-
1. (1) This Act may be called the Tamil Nadu Local Short title
Authorities' Laws (Amendment) Act, 1979. and cornmen-
cement.
(2) It shall come into force at once.
2. For the sub-heading " Naming Streets and Number- Amendment
ing Buildings" occurring after section 227 of the Madras of sub-
City Municipal Corporation Act, 1919 (Tamil Nadu Act heading after
IV of 1919) (hereinafter referred to as the 1919 Act), the ~ ~ ~
following sub-heading shall be substituted, namely :- A , ~IV of
66 Naming streets and numbering buildings, etc. ". 1919.
I
3. In section 228 of the 1919 Act,-- Amendment
of section 228,
( a ) for the marginal heading '' Naming or numbering Tamil Nadu
of public streets ", the following marginal heading shall be $9:V
! Of
substituted, namely :-
LC Naming or numbering of public streets etc. '' ;
(b) for sub-section (I), the following sub-section
shall be substituted, namely :-
a' (1) With the approval of the State Government,
the council shall give names or numbers to new public
streets and shall also give name to park, playground, bus-
stand, arch or new municipal property and may, subject
For Statement of Objects and Reasons, see Tamil Nadu
Government Gazette Extraordinary, dated the 24th Aprd 1979,
Part Iv-Section 1, Pages 259-260.
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$86 Local Author itpip' ~ a w Is [IW:T.N. ~~t 30

(Amendment)

to the approval of the State Government, alter the name

or number of any public street, park, playground, bus-
stand, arch or municipal property :
Provided that no such public street, park, playground,
bus-stand, arch or municipal property shall be named
after a living person irrespective of his status or the office
occupied by him. ".
AmeMment 4. For the sub-heading Nomind of streets" occurring
of sub- after section 188 of the Tamil Nadu District Municipalities
~$~~~~ Act, 1920 (Tamil Nadu Act V of 1920) (hereinafter referred
Tamil ~ a ~to ; as the 1920 Act), the following sub-heading shall be
Act V of substituted. namely :-
1920.
cc Naming of streets, etc. ".
Amendment 5. In section 189 of the 1920 Act,-
of section 189,
Tamil Nadu (1) for the marginal heading '' Naming of public
Act streets ", the following marginal heading shall be substitu-
1920. ted, namely :-
' 6 Naming of public streets,

(2) for sub-section (I), the following sub-section

shall be substituted, namely :-
'g(l) With the approval of the State Government,
the Council shall give names or numbers to new public
streets and shall also give name to park, playground, bus-
stand, arch or new municipal property and may, subject
to the approval of the State Government, alter the name
or number of any public street, park, playground, bus-
stand, arch or municipal property :
Provided that no such public street, park, playground,
bus-stand, arch or municipal property shall be named after
a living person irrespective of his status or the office occu-
pied by him. ".
6. [The amendment made by section has already
been incorporated in the principal Act, namely, the Tamil
Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of
1958).1
I
7-8. [The amendments made by these sections have
already been incorporated in the principal Act, namely,
the Madurai City Municipal Corporation Act, 1971 (Tarnil
Nadu Act 15 of 1971).]
 LatestLaws.com
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&P ;T.N.A& 573 TMadras City Municipal 1049
Corporation (Second Amendment)
ZAMIL NADU ACT NO. 91 OF 1!W9.*
THE MADRAS CITY MUNICIPAL CORPORATION
(SECOND AMENDMENT) ACT, 1979.
[Received the assent of the Governor on the 5th December
1979, first published in the Tamil Nadu Government
Gazette Extraordinary on the 5th December 1979
Grthigai 19, Chitharthi (20lLTiruvalluvar Andu)) .]
An Act further to amend the Madras City Municipal
Corporation Act, 1919.
BBit enacted by the Legislature of the State of Tamil Nadc
in the Thirtieth Year of the Republic of India as
follows :-
1. (1) This Act may be called the Madras City Municipal Short title .
Corporation (Second Amendment) Act, 1979. and comm-
encement.
(2) It shall be deemed to have come into force on the
30th May 1979.
4. ID section 55-B of the Madras City Municipal Amenameat
Corporation Act, 1919 (Tamil Nadu Act 1V of 1919) $-iEUon
(hereinafter referred to as the principal Act), in sub-section
(11-, Nadu ACt
(i) for the words "within a period of four years and IV of 1919.
six months ", the words "within a pe~iodof five years
and six months" shall be substituted;
(ii) in the second proviso, for the words "not exceeding
three months9', the words "not exceeding six months "
shall be substituted;
3. (1) The Madras City Municipal Ccrporation (Amend Re@.
ment) Ordinance, 1979 (Tamil Nadu Ordinznce 7 of 1979),
-
is hereby repealed.
(2) Notwithstanding such repeal, anything done
or any action takenunder the principal Act, as amended
by the said Ordinance, shall be deemed to have been
done 01 taken under the principal Act, as amended by this
Act. -
*For Statement of Objects and Reasons, see Tamil Nadu Govern-
m t Gazette Extraordinary, dated the 30th
October 1979, Part Iv-
Section 1, Page 396.
125-1b67
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1980: T.N. Act 191 Madras City Mzmicipar 73

Cofpor.:ri'~n( . h ? l . : ; i . < ~ t )

l''A.MIL NADU ACT NO. 19 OF 1989."

THE MADRAS CITY MUNICIPAL CORPORATION
(AMENDMENT) ACT, 1480.

[Received the assent of the Governor on the 28th July 1980'

first published in the Tamil NaduGovernment Gazette
Extraordinary on the 28th July 1980 (Adi 13, Rowthiri-
201 1-Thiruvalluvar Aandu).]

LatestLaws.com
An Act further to amend the Madras City Municipal
CorporaifonAct, 1919.

BE it enacted by the Legislature of the State of Tamil Nadu

in the Thirty-first Year of the Republic of India as follows:-
1.(1) This Act may be called the Madras City Municipal Short title and
Corporation (A~endm-P !t A pf, 1980. cornmtncement,

(2) It shall be deemed to have come into form on

the 30th May 1983. 1
1
2. In section :is-B of the Madras City Municipal Car- Amendment of
poration Act, 1919 (Tamil Nadu Act IV of 1919) (herein-
after referred to as the principal Act) in sub-section (I), NOf1919.
~:s&i?$
for the words within a period'of five years and six month<,
the words " within a period of six years and six months "
Ml be substituted.
3. (1) The Madras City Municipal Corporation ~ ~ ~ 1
(Amendment) Ordinance, 1980 (Tamil Nadu Ordinance
6 of 1980), is hereby repealed.
(2) Notwithstanding such repeal, anything done or
any action taken under the principal Act, as amended I

by the said Ordinance, shall be deemed to have been done

or taken under the correspondingprovisions of the principal
t

Act, as amended by this Act. i

-
*For Statement of Objects and Reasons, see Tmil Nndu Gover*
merit GazetteExtraordinary, dated the 26th June 1980, Part Iv-
Saction 1, pages 104105,
 LatestLaws.com
1980: T.N. Act 321 Local Auttiorities' &aws 79
(Amendm eni')
TAMIL NADU ACT NO. 32 OF 1980.*
I
THE TAMIL NADU LOCAL AUTHORITIES' LAWS
(AMENDMENT ) ACT, 1980.

[Received the asscnt of the Governor on the 8th September

1980, first published in the Tamil Nadu Government
Gazette Extraordinary on the 11th Sej~tember 1980
(Aavani 26, Rowthiri-2011-Thiruvalluvar Aandu).l

An Act further to amend the Tamil ad; Local Authoriii{:s9

Laws*
BE it enacted by the Legislature of the State of Tamil
Nadu in the Thirty-first Year of the Republic of India
as follows :--
PART I,

1. (1) This Act may be called the Tamil Nadu Local horl title
Authorities' Laws (Amendment) Act, 1980. and corn-
mencement.
(2) It shall come into force at unce.

PART 11.

AMENDMENTS OF THE MADRAS CITY

MUNICIPAL CORPORATION ACT, 19 19.

3. In the Madras City Municipal Corporation Act, Substitution

new section 4o,f
1919 (Tamil Nadu Act IV of 1919) (hereinafter in this Tamil Nadu
Part referred to as the 1919 Act),for section 47,the follow- Act Of 1919*
ing section shall be substituted, namely :-
.- -
*For Statement of Objects and Reasons, see Tamil Nadu
Government Gazette Extraordinary, dated the 5th ~ u g u s t1980,
Part LV--Section 1, P a e s 247-248.
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86 Local ~uthorities'tow8 [I980 : T.N. Ad 32. ,

(Amendment)

"47. Electoral rolls for divisional seats and qudlg-

cation for inclusion therein.--(I) For each of the territorial
divisions referred to in section 45, there shall be an
electoral roll which shall be prepared in accordance with
the provisions of this Act and such directions not incon-
sistent with the provisions of this Act as the State
Government may, from time to time, issue in this behalf,

(2) A person, shall be disqualified fcr registra-

tion in an electoral roll if he-

(a) is not a citizen of India ; or

(b) is of ulsound minG *L: ~:33dsPO Ceclared

by a competent court ; or

(c) is for the time being disquaiified from voting

under the provisions of section 71 or any law relating to
corrupt practices and other offences in connection with
elections.
(3) No person shall be entitled to be registered
I
in the electoral roll for more than one territorial division
' or in the electoral roll for any territorial division in more
than one place,

(4) No person ragistered in the electoral roll for a

territorial division shall be entitled to be: registered in the
electoral roll for any other territorial division or ward,
as the case may be, of any City (other than the City of
Madras), municipality or panchayat.

ExpZan~~ .*~n.-For the purpose of this sub-section,

the expressions 'City', 'municipality' and 'panchayat' shal!
have the meanings respectively assigned to them in the
Madurai City Municipal Corporation Act, 1971 (Tamil
Nadu Act 15 of 1971) or in any other law for the time being
in force, the Tamil Nadu District Municipalities Act, 1920
(Tamil Nadu Act V cf 1920) and the Tamil Nadu Pan-
chayats Act, 1958 (Tamil Nadu Act XXXV of 1958). .
 LatestLaws.com
..
LatestLaws.com
i "
,
1980: T.N. Act 321 Local Authorities' Laws 81
(Amenfirmnnt)

(a) is not less than eigtteen years of age on tbe

qualifying date ; and
(b) is ordinarily resident in the Citj,
shall be entitled to be registered in the electoral roll for
m y one of the territorial divisions referred to ir. section 45.
Explanation.--For the purpose of this section,
" qualifying date " in relation to the preparation or
revision of an electoral roll under this Act, means the
&st day of January of the year in w h i ~ hit is so prepared
or revised.
(6) (a) A person shall not be deemed to be
ordinarily resident in the City on the ground only that he
owns, or is in possession of, a dwelling house thell.:
(b) A person absenting himself temporarily
from his place of ordinary residence shall not by reason
thereof cease to be ordinarily resident therein.

(c) A person who is a patient in any establish-

ment maintained wholly or mainly for the reception and
treatment of persons suffering from mental illness or
mental defectiveness, or who is detained in prison or
other legal custody at any place, shall not by reasolp
thereof be deemed to be ordinarily resident therein.

(4 Jf in any case a question arises as to whether

a person is ordinarily resident in the City at any relevant
time, the question shall be determined by the State Govern-
ment in accordanc~with such rules as may be prescribed,".
3. In section 48 of the 1919 Act, in sub-section (1) Amendment 48, of
for the Explanation, the following shall be substituted, Tamil Nadu
namely :- Act 1V of 1919. I

" Explanation.--The power conferred by this subrn

section on the person ruLLuiised, shall include the
SO
power to omit, in the manner and at the times aforesaid
from the electoral r d l for any such division published
under this sub-secticn, the name of any person who is
dead or who incurs any of the disqualifications specified
in sub-section (2) of section 47 :
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82 l;ocaZ Authorities' L ~ W J [1980: T.N. A'ct 32

(Amendment)
Provided that the name of any person omitted from
the ele :-oral roll for the territorial division by reason of a
disqualification under clause ( c ) of sub-section (2) of
section 47 shall forthwith be reinstated in that foll if
such disqualification is, during the period such roll is
in force removed under any law authorising such removal.".

Ls*ion ofnew 4. After section 48 of the 1919 Act, the following

sections 48-A
.nd 48-B, in sections shall be inserted, namely :-
Tanail Nadu
Act N of 1919.
" 48-A. Jurisdiction of civil courts barred.-No civil
court shall h lve jurisdiction,-- - .

(a) to eutertain or adjudicate upon any question

whether any persol1 is or is not entitled to be registered in
an electoral roll for the territorial divisions referred to
in section 45 ; or
(b) to qoestion thc legality of any action taken by
any authority under section 47 or section 48.

48-B. Making false declaration.-If any person

makes in connection with-
*
(a) the preparation, revision or correction of an
electoral toll f ~ the
r territorial division, or
(b) the inclusion or exclusion' of any entry in ox
from an electoral roll for the territortal division, ,

a statement ar declaration in writing nhich is false a d

which he either knows or believes to be false or does not
believe to be true, he shall 3, ;czishable vith imprison-
ment for a term which may extend to one year, or with
fine, or with both. ".
i

Substitution of 5. For sectioa 50 of the 1919 Act, the following section

new
section shall be substituted, namely:-
Tamil ad;
Act IV of 1919 " 50. Disqualification of voters.-NO
person who
is of unsound mind and declared so by the competent
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1980 : T*N*Act 321 Locat ~uthorities'Lmvs 83

(Amendment)

court shall be qualified to vote an3 no person who is

disqualified under section 71 shall be qualified to vote
so long as the disqualification subsists. 99
.
6. For sub-section (1) of section 51 of the 1919 Act, Am~dmmt-?f
d&lOll 31,
the following sub-section shall be substituted, na-~lv :- Tamil N~~~
Act IV of 1919,
"(1) No person shall be qualified for election or
co-option as a councillor unless--
(a) his name is included in the electoral roll of
any one of the territorial divisions of the City;
(b) he has completed his twenty-first year of age t
and
(c) in the case of co-option under section 5,
such person is a member of the Scheduled Caste or the
Sched'lled Tribe or a woman,as the case m2y be. 97
.
PART nr.
AMENDMENTS OF THE TAMIL NADU DISTRICT
MUNICIPALITIES ACT, 1920.
7. In the Tamil Nadu District Municipalities Act, kmendment
1920 (Tamil Nadu Act V of 1920) (hereinafter in this section 44,
Part referred to as the 1920 Act), in section 44,- Tamil Nbdu
Act V of 1920.
(i) for sub-section (1); including the proviso and
Explmatim (1) and (2) thereto, the following sub-sections
shall be substituted, namely :-
"(1) For every municipality there shall be an
electoral roll which shal! be prepared in accordance with
the provisions of this Act and such directions not in-
consistent with the provisions of this Act as the State
Government may, from time to time, issue in this behalf.
 LatestLaws.com

i
k o c n ~Authorities9 ~ o w s [19$0 : T.N. Act &
' I '

- frd
(Amendment) $
I

(1-A) A person shall be disqualified for registr~~tion .1

in an electoral roll if he-

I

(a) is not a citizen of India ; or

(b) is of unsound mind and stands so declared
by a competent court ; or
(c) is for the time being disqualified from
voting under the provisions of section 60 or any law
relating to corrupt practices and other offences in connection
with elections, i
1
(1-B)No person shall be entitled to be registered
in :% electoral roll for any municipality more than once.

(14) No person registered in the electoral roll

for a municipality shall be entitled to be registered in the
electoral roll for another municipality, pancbyat orecity.

~ i ~ l a n a t i.-o
d n or the purpose of this sub-section, the
expressions ' panch?yat ' and ' City ' shall have the
meanings respectively assigned to them in the Tamil Nadu
panchayats Act, 1958 (Tamil Nadu Act X M V of 1958).
the Madras City Municipal Corporation Act, 1919 (Tamil
Nadu Act IV of 1919) or the Madurai City Municipal
Corporation Act, 1971 (Tamil Nadu Act 15 of 1971) or
in any other law for the time being in force.

(1-D) Subject to the provisions of sub:sections

(1) ( A ) ( 1 d ( 1 every person who- .

a is not less than eighteen years of ags on the

gwlifying(date :and

(b) is ordinarily resident in a munidpality,

1

shall be entitled to be registered in the electoral roll' tot

II

that municipal it^.

~x~lanation.--For the purpose of this section

46qualifying date " in relation to the preparation or revision
of an electoral roll under Fhis-A~t,means the first day of
January of the yeat in whch lt 1s so prepared or revised.
 LatestLaws.com

1980 : T.N. Act 321 - Local Authorities' Laws 85

(Amendment)

(1-E) (a) A person shall not be deemed to be

ordimrly resident in a municipality on tho ground only
that he owns, or is in possession of, a Ewelling houw
therein.
rq, A ei-5 :
> -,-*y . > - - - .. .=---,-
C

*.-/.*'-:.,.
-F-.
f E3p - a.

: - *
&
* --
A 5:; rtz.jo*
&ereof cease to be ordinarily resident therein.

(c) A person who is a patient in any establishment

maintained wholly or mainly for the reception and treat-
ment of persons suffering from mental illness or mental
defectiveness or who is detained in prison or other legal
custody at any place, shall not by reason thereof be deemed
to be ordinarily resident therein.

I (d) If in any case a question arises as to whether

a person is ordinarily resident in a municipality at any
relevant time, the question shall be determined by the
State Govenunent in accordance with such rules as may
be prescribed. " 1

~ (ii) in sub-section (2), for the Explanation, tho

following &all be substituted, namely :-

Explanation.-The power conferred by this

rub-section on the person so authorised shall include
power to omit, in tb.e manner and a t the times aforesaid,
from the electoral roll for the municipality published
under this sub-section, the name of any person who is
dead or who incurs any of the disqualifications specified
in pub-&ion (1-A);

Prodded that the name of any person omitted from

the electoral roll for the muncipality by reason of a &a.
qualification under clause LC) (of sub-section (I-A) shall
forthwith be reinstated in that roll if such disqualifi-
cation is, during the period such roll is in force, removed
under any law authorising such removal. " ;
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8t Loc al Authorities' Laws

(Arnedment)
.
[I980 :T.N Act 32

(iii) the Explanatiotr, occurring at the end, shall bc

.
omitted. .
Inseaion of new 8, After section 44 of the 1920 Act, t1.e following
and W B ,44-A in sections dm11 be inserted, namely :-
Tamil Nadu " 44-A. Jurisdic tion of c i vi l courts barred.-No civil
~ c v
t of 1920.
court shall have jurisdiction-
(a) to entertain or adjudicate upon any question
whether any person is or is not entitled to be registered in
an electoral roll for a municipality ; or
(b) the inclusion or exclusion c.f any entry in or
from an authority under section 44.
44-B. Mdkidg fahe declardtwn.-if any person makes
in connection with--
revision 01 correction, cf a n
(a) the ~~repiir:&tion,
electoral roll, or
(b) th: iliclusion or exclusion of any entry in or
from a n ele~toralroll,
a statement or declaration in writing which is filse and
which he either knows or believes to be false or does not
believe to be true, he shall be punishable with imprison-
ment for a term which may extend to one year, ar with
h e , or with both. ".
substitution of 9. For section 47 of the 1920 Act, the following section
nhw section for shall be substituted, namely :-
section 47,
Tamil Nadu " 47. Disqualification of voters.-Notwi thstanding
Act of 192Q*anything contained in sub-section (6) of section 44, no
person who is of unsound mind and dcclared so by the
competent court shall be q ~ l i f i e dto vote and no per-on
who is disqualified under section 60 shall be qualified to
".
+

vote so long as the disqualification subsists.

dlsndment of 10. For sub-section (1) of section 48 of the 1920 Act,
ration 48, the following sub-section shall be substituted, namely +
Tamil Nadu
~ c \'t of 1920. " {I) No person shall be qualified for election as a
chairman or as a councillor, unless-
(a) his name is included in the electoral roll of the
municipality ; and
(b) he has corapleted his twenty-&tit gar ofage.".
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8980 : T. N. Act 321 Local Authorit fed' Laws 87

(Amendment)

PART IV.
AMENDMENTS OF THE TAMIL NADV
PANCHAYATS ACT, 1958.
11. In sub-section (1) of section 12 c f tkc Tamil Nadu A"dm@nt Of
Panchayats Act, 13% (TGLI~: 3k2u Act X X X V of 1958) Section Nadu12,
(hereinaftel in this Part riferrea to as tre 1958 Act), after A C xxxv
~ of
the proviso, the following proviso shall be inserted, 1958.
namely :--
"Provided f~rtberthat no person sball b: co-opted
under this sub-section unless be kss completed bis twenty-
drst year of age.".
12. In sub-section (4) of section 15 of the 1958 Act, for Amendment of
the words " whose name appears in the electoral roll foi the Section
panchayat ", tte words whose name appears in the Taxi1
64 Nadu
Act xxxV
electoral roll for the panchayat and who bas completed of 1958.
ber twenty-&st yehr of age " shall be substituted.
Amendment of
13. In section 2C of the 1958 Act,- section 20.
Tamil ~ a d i
(i) for sub-section (1) including the proviso A,, xxxv
and the Explanation thereto, the following sub-section of 1958.
ahall be substituted, namely :-
"(1) For every panchayat there shall be an electrol
roll which shall be prepared in accordance .with the pro-
visions of this Act and such directions not inconsistent with
the provisions of this Act as the Government may. from
time to time, issue in this behalf,
(LA) A person shall be disqualified for registra-
tion in an electoral roll if he-
(0) is not a citizen of India; or

(b) is of unsound mind and stands so declared

by a competent court ; or
(c) is for the time being disqualified from votinr
under the provisions of section 24 or any law relating to
corrupt practices and other offences in connection with
elections.
(1-B) No person shall be entitled to be registered
in the electoral roll for any panchay.zt more than once,
(I-C) No person registered in the electoral roll for e
panchayat shall be entitled to be registeled in the e1ector;rl
roll for another panchayat, municipality or City.
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$8 Locsl Agihorities' Laws 11980 : T.N. Act 32

(Amendment)

Explanation.--For the purpose of this sub-section, the

expressions 'municipality' and 'City' shall have the mean-
ings respectivelv assigned to them in tbe Tamil Nadu Dis-
trict Municipalities Act, 1920 (Tamil Nadu ActV of 1920),
the Madras City Municipal Corporation Act ,19 19 (Tamil
Nadu Act IV of 1919), or the Madurai City Municipal
Corporation. Act, 1971 (Tamil Nadu Act 15 of 1971), o r
in any other law for the time being in force.
(1-D) Subject to the provisions of sub-sections (1).
(I-A), (I-B) and (1-C), every person who-
(a) is not less than eighteen years of age on the
qualifying date ; and . .
(bl'is 'ordinarily resident in a panchayat village
or panchayat town or township, Y
r 1
i

shall be entitle 3 to be registered in the electoral roll for that .

panchayat . ..
Explanation.-For the purpose of this section;
"qualifying date" in relation to the preparation or revision
of an electoral roll under this Act, means the first day of
January of the year in which it is so prepared or revised.
(1-E)(a) A person shall not be deemed to be ordi-
narily resident in a panchayat village or panchayat town
or township, on the ground only that he owns, or is in
possession of a dwelling house therein.
(b) A person absenting himself temporarily
from his place c)r ordinary residence shall not by reason +
thereof cease to be ordinarily resident therein.
(c) A person who is a patient in any establish-
ment maintained wholly or mainly for the reception and
treatment of persons suffering from mental illness or mental
defectiveness, or who is detained in prison or other legal
custody at any place, shall not by reason thereof be deemed
to be ordinarily resident therein.
(d) If in any case a question arises as to whether
a person is ordinarily resident in a panchayat village or
panchayat to~vnor township at any relevent time, the
question shall be determined by the Government in
accordacce with such rules as may be prescribed.";
(ii) in sub-section (2), for the Explanation, the
following shall be substituted, namely:-
44Explmration.--The power conferre8 by this sub-
rection on the person so authorised, shall include the power

- --. . --
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1980 : T.N. Act 321 Local Authorities' Lmvs 89

(Amenhent )

to omit, in the manner and at the times aforesaid, from

the electoral roll for the panchayat published under this
sub-section, the name: of any person who is dead or who
incurs any of the disqualifications specified in sub-section
(1-A) :
Provided that the name of any person omitted from
the electoral roll for the panchayat by reason of a dis-
- qualification under clause (c) of sub-section (I-A) shall
forthwith be reinstated in that roll if such disqualification
is, during the period such roll is in force, removed u n d a -
any law authorising such removal.";
(iii) the Explanation occurring at the end shall be
omitted,
14. After section 20 of the 1958 Act, the following Inertion of new
sections shall. be inserted, namely :- sections 20-A
and 20-B, in
Tamil Nadu
"20-A.Jurisdiction of civil courts barred.-No civil Act XXXV of
court shall have jurisdiction- 1958.
(a) to entertain or adjudicate upon any question
whether any person is or is not entitled to be registered
.in an electoral roll for a panchayat ; or
(b) to questio~ithe legality of any action taken by
any authority under section 20.
20-B.Makingf o b declaration.-If any person makes
in connection with-
(a) the preparation, revision or correction of an
electoral roll, or
(b) the inclusion or exclusion of any entry in or
from an electoral roll,
a statement or declaration in writing which is false and
which he either knows or believes to be false or does not
believe to be true, he shall be punishable with imprison-
ment for a term which may extend to one year, or with
k e yor with both.".
,
,
15. For section 22 ofthe 1358 Act, the following .,;+;on Substitution of
for
shall be substituted, namely !- section 22, in
Tamil Nadu Act
"22. QuaItj?cation of candzkhtes.-No parson shafl XXXv of 1958.
be qualified for election as-
(a) a member or president of a panchayat unless-
(i) his name appears on the electoral roll for
tho pmchayat i and
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90 Local 1iurhorlties' Laws [I980 : T. N. &t 32

(Am~ndment )

(ii) he has completed his twenty-first year of

age ; or
(b) chairn1a.n of a panchayat union council unless--
(i) his name appears on the electoral roll for
any one of the panchayats or townships comprised in the
I panchayat union ;and
(ii) he has completed his twenty-first year of
.
age.".
1

Insertion 16. After section 24 of the 1958 Act, the following

new section
24-A in Tamil section shall be inserted, namely :-
~ a d Act ~
xxxv of 1958. "24-A. Disqucllifcation of voters.--No person who
is of unsound mind and declared so by the competent court
shall be qualified to vote and no person who is disqualified
under section 24 shall be qualified to vote so long as the
d i s q ~ a l ; ~ ~ ~subsists.'',
tion
Amendment of 17. In section 36-A of the 1958 Act, in sub-section (1).
section38-Aa in clause (b), in the third proviso, item .(i) shall be re-
Nadu numbered as item (LA), and before the item (LA) as so
Act XXXV of
1958. renumbered, the following item shall be inserted, namely:-
"(i) unable to read and write in Tamil ; or". 4

PART V.
e

AMENDMENTS OF THE MADURAI CITY

MUNICIPAL CORPORATION ACT, 1971.
18-21. [The anlendments made by these sections have
already been incorporated in the principal Act, namely,
the Madurai City Municipal Corporation Act, 1971 vadl
Nadu Act 15 of 1971).]
 - I
I--__-_-^. _
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-

-
.
A -A - - ". --.,
I -
-* &." a

1981: T.N.Act i71 Madras Ik~~ntcipof 159

Corporation (Amendment)
TAMIL NADU ACT NO. 17 OF 1981,*
I THE MADRAS CITY MUNICIPAL CORPO-
RATION (AMENDMENT)ACT, 1!38 1.
[Received the assent of the Governor on the 19 lh March
1981, first published fn the Tamil Nadu Government
Gazette Extraordinary on the 2191March 198 1 (Pangunf
8, Rowthiri-2012-ThiruvaNuvur Amdu).]
An Act further to amend the M'adrm City .Municipnl
Corporation Act, 1919.
BE it enacted by the L+gislat\rreof the State of Tamil Nadu
in the Thirty-second Year of the Republic of India a8
follows :-
1. (1) This Act may be called the Madras City Muni- Short title
cipal Corporation (Amendment) Act, 1981. mencement,
.,,
(2) It shall come into force at once.
2. In section 55-I3 of the Madras City Municipal Cor- Amendment
poration Act, 1919 (Tamil Nadu Act IV of 1919), in sub-
section (I), for the words " within a period of six years N,d, An
and six months ",the words " within a period of seven IV of 1919.
years and six months " shall be substituted.

- ---a

*ForStatement of Clbjtcts and Reasons, see T'imit ~ a &

Governd
mat G a r n m E x t r ay,~ dated the 2nd March 1981, Part IV-
Section 1, paws 135-136.
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$& Madras City ~ u n i c i p u i

Corporation (Amendment)
TAMIL NADU NO.18 OF 1982e *
THE MADRAS CITY MUEiICIPAC
CoRPoRATlON (AMENDMENT) ACT, .1%2*
jReceived the assent of the Govern0
1982,first published in the Tam
Gazette Extraordinary on the
(paaguni 18, IYu.uvnathi-Thiruv
An Act further to amend the Madrm City MmiSlpd
Corporation Act, 1919.
BB it by the ~gisgidatureof the Sfate 0t' '&'ad1
~ ~ in dth13uTh,irty-third Year of the Republic ofib-da
,

as l ollows :-

Short title and

1. (1) This Act may be called the
commemement, Municipal Corporation (Amendment) Acts 19820
(2) It shall come into force at once.
Amendment of . section 55-I3 of the Madras City Municipal
astion 55-B. Carporation Act, 1919 (Tamil Nadu Act IV of 1919),

,,;,
Act V of 1919. in rub.se~tion(1). for the words " within a period on
years and six months ", the words " withjn a
peri .d 0 1 eight years and six months " be substi*
tuted.

-- - ---- ^ -----.-
*1'tb1 $1 t \ ( \ * t \ \ t 8 ~ : t L'( Oldcccs ;ilw Kcsons,$rp TnatflNoduGqvtern-
f f8 t ii ; \ l*,rcb 1982, Pan N -
ldt i*ti*lllI * fbltg4 I L\h-!?$\*
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1983: T.N. Act 131 Madras City Municipal 93 5

Corporation Urneildmcltt 1
THE T A M S NADU ACT NO. 13 OF 1983."
I

THE MADRAS CITY MUNICIPAL CORPORATION

(AMENDMENT)ACT, 1983.
[Received the assent of the Governor on the 14th March
1983, first published in the Tamil Nadu Government
Gazette Extraordinary on the 17th Marcll 1983 (Panguni
3, Thunthubit Thiruvalluvar Aandu-20 14) .).I
An Act f w t her to amend the Madras City Municipal Cor-
poration Act, 1919.
BE it enacted by the Legislature of the State of Tami!
~ a d iun the Thir~y-fn~lrl h Y ~ a rof the Republic of India
as follows :-
1 . ( 1 ) This Act may be called the Mi:dras City Munici- Short title
pal Corporation 4 Amendm .at) Act , 1983. and commence.
ment.
(2) It shall come into force at once.
Amendment
2. In section 5543 of the Madras City Municipal Cor- o f d o p
s poration Act, 1919 (Tamil Nadu Act IV of 1919), in sub. 55-B,Tamil
Iv ofAct
section ( I ) , for the words r6withina poriod of c ight p a r s Nadu 1919.
and six months", the words tcwithin a pzriod of nim years
and six months" shall be substituted,
For Statement of Objects and Reasom, See Tmil Nadv Governg
ment Gazette Extraordinary, dated the 4th March 1983, Part W-
Owtion 1, pages 103-104.
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- -"

.CYY.IPlrslLI.md.rULIl.LCI

iehe lollowing Act of the Tanlil Naclu Legislature received th

asscntof the Govcrnor on the 20th July 1985 and is hereby
publishzd for gcncra; iilfor~~l;ltio~~
:--.

ACT h a . 3:! OF 1985.

4 g ?dunicipul Corporatiow
Act lut.:l!cts to urnetid the laws r e l a t i ~ ~/o
and Municipalitie! .
91.iit enactcd by the Legislature of the State of Tamil Nadu in the
lhiiiy-sixth Year of the Republic of India as lollows :-

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

1 c-oRliORA 1'!ON ACT, 1919.

B
I

f I \ p ( 1i0t1 07, 1'un~iI Ncidu AL;ZV of 1919.-For

, , , A ,t i C'orpor;ilion Act, 1919
i 1 ,lrnii ~ , ! ( \ u .jet I V (,i' I(!]')). ~ h cfollowing section shall be substi-
~:i:c<.!.;ld:Lic:y:-

"97. ,':)wer <,I Sfdtc! G'oiti~nmc~r~t

fo trunsft'r oficers and
i c rvntrl s 171 1 i1c7 ( O Y ~ Otitiot~s
I r )( Notwithstanding
-(I)
~~~~~fiicij~~lli!ie.s.
r i ; i \ , t h ~ l ,cotlt,rincti
~ in t h 1 5 Act or in 2.1,s (t7lxct. lavv' for the time being
in force, the State Covernnlerat shall have power-

(li) to tranjlcrany oficcr or ,acrvant of the corporation to

tllc sctvicc of' the M ~ ~ n ~ c i Corporation
pal of ldadurai co~tstitateduqder
1
!Ije V ! $ d i l r c l ; CY;t\i M:LI~~c;I?:I~
( or~)orati('$lAct, 13'73 (Tamil Nadu k t
I :.CI r\f 9; :) or th:: Municip?! Ccjrporation of C'cimbatore constituted
I ~llldet :he Colnthatoi-c City Municipa3 Corporation IZct, 1981 ( T a d
fq;,rIu , Z c i :?5 01' I % l ) or any other municipal corporation consiituted
L I I ~ ~ C311;
I. 1;iw for the time being in forc:c ; or I
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LatestLaws.com

' 1 ' ~ k h f l iNADii

' OOVEKN,MB:<'I' O;\%K'lrl't~. li;,Y'ifC~i(.JfCl,IZjAf t P
1
' 11-
~.. ~

(b) to transfer any officer or servant of the Municipal Cor-

oration of Madurai collstituted und'er ,the Madurai City R4unicil;al
q o r a t i o n Act, 1971 (Tamil Nadu Act 15 of 19'71) or the h4~1nicipal
orpration of Coimbatore constituted under the Coimbati~re City
uaicipal Corporation Act, 1981 (Tamil PIJadu .4ct 25 of 1981) or
other municipal corporation coastitu~terl ynder any I,aw for the
e being in for$e, to the service of the corporation; or
( c ) .to transfer any officer or servant of the corporation to
service of any municipality constituted under the '~~'a&i:iNadu
ct '~unicipalitiesAct,. 1920 (Tamil Nadu Act V of 1920); or
( d ) to transfer any officer or servant of any municipality
ted ulqder the; ,Tamil Nadu District Municipalities Act, 1920
1 Nadu 'V'V: of 1920), to the service of the corpo'ration.

(2) The State .Government shall have power to issue such

1 or special directions as they may deem necessary for the pur-
of giving due effect to any transfer made und'er sub-section (1). ".
/

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
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{b,! i r ~; A a ~ ~ s : c r oiiiccr or szr~aritor" any of the municipal ,

corporatic n ~ ~ i ~ i l to ! clar~se(u), lo the service of any munici-
e ( ill
I : (I.

2 ) i hc Siatz C::,-~crnn~cci:,i~:l;i Plnve ;?OWC: ) is,,se such

pt~nLlral(1: y;ec:ai dir~t~!)!is a5 thcy may deem nccess. for the nur-
- ~ .-section (1). ".
L

pose of due c!l:cct to any transfer made L L I , ? si,

AMELNDMEN'I TO TI IE h4ADLJRt'd CITJ MUNICIPAL

C0B:YORA'TION 4 C X , 1971.

4. Jri;!\fitzitiot2 01 section 114, 7'un:il Nucl~t Ar 15 of 1971.-For

5;ct:orl l i 4 oi tilt iViadur:ll City i\lu:~fcipril Co! ?oration Act, 1971
(7 arni! I\!ai:~l Act 15 of 1'!,'1), the lolfcwlng sectyon shall be sujsti
~ i l i c i i .nalnciy :-
-.
114 B'otver o/ Govei.i~i!zcntlo tr~nsjerofirers and servants of
'(

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 ; ~Citvr ?.~: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
, . . ;,[ ..'\c: :l.:';
,\,'ot;
'
of I (38i ) or ail\/ c~!hcl- r:r:cnicipal corporation wnstituted
. e
:illc;c,. :it;y :!.:;vr : c x lhc tinlc ~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
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( 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.'

(2) The Government skzl! !i:v> powcr to issue such general or

pxial' directions as they may decrn accessary for tlrc piirpose of
giving due effect :o any fransfcr made tinder suh-section (1). " ,

AMENDMENT TO THE COXMRA1'ORE CL'TY MUNICIPAL

COKPOIIATION ACT, 1 Y 8 1.

5. Substitution of section 116, Tamil Nadu Act 25 u j 1981 .--For

~ectionIIG of the Coinlba'iore City Municipal Corporation Act, 1981
(Iamil Nadu Act 25 of 1981), the following section shall be substi-

" 116. Power of Government to d,mnsfer ofJicers and jervantr

of the corporation or municipalities.-(1) Notwithstanding an:jthioy
contained in this Act or in any other law for the time being in force,
C
the Government shall have power-
(a) to transfcr any officer or scrval~tof the corporation to
the service of the Municipal Corporation of Madras constitiited untl;:r
the Madras City Municipal Corporation Act, 1919 (Tamil N,tdu ACT
IV of 1919) or the Municipal Corporation of Mador~ii constituted
ndef the Madurai City Municipal Corporation Act, 1971 (T,lmli
adu Act 15 of 1971) cr any o ~ h e rmunicipal corporation conslja;lted
der any I a v for the time being in force; or
( h i to tmsfsr my o f k a or vn-a?ci ;>: >!.111.:;?~!. . C'z:.
& !Ga\ims ~mstiw<xic&r &.2 3f2:r:s L *
>$-:-!: -
. .
+

-.<--:.
A . 9 6 4 . 1 .- -. --. \l!z-c
7- : :
-d h%*&~2ilC&GQYL.~& ~722:Yz; -:>
kX3 :-:;{ c-q- >,$ -:-- j:

Cbrpemrion Act, 1971 (Tamil Nadu Act 1.5 oL.)921j or any other
I * jr

- 7 . - x- z .v . - P A
 LatestLaws.com

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

{ , I ? 10 Irat~\fcr ally officer or srrvant of ally municipality

~ o r ? \ i i t l i I ~ t~ir r i t l ri t l ~ r , Tamil Naciu I ~ J ict
S ~hlunicipalities
I Act, 1920
i i ,tmil Nach~"4(,f V of 1()?0\, to the servit c of the corporation.

!t ) 'I 11e C i o v t l nmt2iit ,,llall lravc j)trwer to issue such general or

spcc~al~111!41.~110113 :is tiley may dzem necessary for the purpose of
giviily ~ U C::ffect to dliy tran:,fc~ made under sub-section (1). ". '
B

(By order of the Governor.)

S. VADIVELU,
arzd Secretary to Government,
Cnr~zr7~issio1~e~
L m Departnzent.

-- -- ----- , -.--- -.- ---

IM7rN'I'PIIl ARD PUBL*RHICD B Y THB DTJ3EbOB OF RTATIONBBY AND PUnanrO
MADBAS, n;N BERALR OF THR! GIOVEUNXIERT OB TAYQ NAVW
i'
 LatestLaws.com
LatestLaws.com
L
28 TAMIL KADU GCVERBNrMENT GAZETTE EXTRAOR231NARY

--

I The following Act of the Ts::iil Nadu Legislature received the

1. assent of the Governor m the 8i:1 Februnry l 3 X G ; ~ n dis hercby
published for general informatior .-
. .
I
1 ACT N o . 5 OF 1986
An Act jurther to amend the Madras Ciry Municipal Corporariolz
.
Act, 1919. ,

, .
BE it enacted by the Legislat~reof t!:c Skite oE.'Talilil Nadu iil
the Thilty-seventh Year d ,the Republic of India as foliows :- E
I1 - 7

P 1. Short title and conuur,~.&rcn!.--(l) This Act may bc cnllcd

the Madras City Municipal Col !>oration (Amendment) Act, 3986.
(2) It shall be deemed Ilavc c o n ~ c into force on the 27111 I 4

- November 1985. .
2. Amendment of sectiorz 55-B,l ' { ~ t ~ ~Nadu
il Act IV of 1919.- t

IKIsection 55-B of the Madrss cityMunicipal Corporation Act, 19 19

(Taroil Nadu Act I V of 1919) (bercinafter referred to as the priuci- ,
pal Act), in sub-seclion (I), lor t l ~ cwords ''within a per:od of ;
..
eleven years ", the words " within a period of eleven years and t:ix '

." 4mmths'' shall be substituted.

4.

1
, 3. Rep601 and saving.-(1) The Madras City M ~ ~ ~ i c i l Corpo-
~a!
I

ration (Second Amendment) Ordinnnce, 1985 (Tamil Nr!du c 1'lilance

8 of 1985) is hereby repealed.
-

(2) Notwithstanding such repeal. anytiling d o i ~ cor c!?y cctinn

taken under the principal Ad, as ~ : : ? ~ . l e dby t ! i ~ said ()rdinance.
I
I
1
.
-.
shall b e deemed to have been done or taken under r he principal
Act, as amended by this Acr.

(By order of the Governor,)

. ! - S. VADIVELU,
i
I!
-.a .
Commissioner and Secretary to Got'i~r~rn~e~?t,
I
I
. . ,. I . . ' - Low Department.
' I
 LatestLaws.com

. .. .

L:
-
The failoning Act of the Tami) Sada Leeislaturz r e k d ?he
;i=t of thc Governor ca the 20th May 1456 a i d P hereby published
h ecaeral information :- \I
ACT No. 32 OF 1.986.
An Act f!r~.ther to alltend !he Ia:,v5 relatifig ro P,:lurricipal Corporation
find Municipalities.
ate of Tamil Nadu in 'the
Thirty-seventh y e a r a&e Republic of India as follows :-
' .

PART I. , . i 4

..
i PRELIM,lNARY.
.? , ,

1. Short tilie and commencement.-(1) This Act may be .

(bc Tam3 Nadu:. Municipal Laws (Asnenclment) Act, 1956.' .
'

il
' .
, .

12) It shall come into force at once; . .

. !I
AMENDMENT TO THE TAMIL NADU DISTRICT ILIWCX- '
- - lj
+
CORPORATIOS ACT, 29 19. !i

2. Ajnendment of section 44-A, Tamil Nadu Act IV o j 1919.-

I
' ,

lo -section 44-A of the Madras City ~ u n i d p a lCorporation Act, 1919 i1

(Tamil Nadu Act 11' of 19 19j, after sub-section (51, the fonowing . I .
.
, sub-section shall be inserted, namely :-- .

" (5-A) ( a ) Where a persm is appointed under clause (b) of 1I !

subsection (5), the State ~ i v e r n m e n t-may appoint an aavisory.
b a r d to advise such person in tile exercise of his powers and
pcrlp~manceof his functions unded the said clause ( b j and the
' ndvicnrv h a r d chflll rnnqiqt nf t h e fnlinwincr m ~ r n h ~ r q
narn~lv ,.
(I j Members r ~ fthe Stab LegisJative Ashcmbjy and ; U m b s ;I

d the House d the Per& &men to rep-e;f:rLt 12~e <,~m$$,i-&

mp.*s:fig a22 r.J! ti#; c;3> ;
? d C . E i ,.: c-;.t
,. ;
j~a.j;l&~J-/$(>,l,ficjj an(] &fernh$
(d tk C ~ c c i oi
l S t a t t i i h o arc ordinarily iclidrni in the Siry;
f persons not exceeding fifteen as the State
. l l r W
(A Group) IV-2 EX.(252)-:!
 LatestLaws.com

<, ,
' .-NADU GDVEllNMLTT GAZETTE EXTRAORDINARY
170 .,TA;MIL

(h).'fhc.-StatsGo;-crnmcnt shall p u b & ~ !in~ th=. 7 m G Z 3 ' d l t

- Go-yer~r/~ml
Gu~e11crLc.,r,amcs of aii rbe n~srnbersaf r5t ad;-koq
, .

bcaid:
(c) The meetings of the aduiso~yboard and p r . ~ c e d ~ ! ~toe be
follo~wd'therein shall be regulated in such manner as may be
p~escribed.
-.: -
( d ) The term of office of the..members of the advkory board
shall be such as may be prescribed. . ". ,

PART ZLI. I

AMENDMENT TO THE TAMIL NADU DlRlCT MUNICI- '

PALITIES, ACT, 1920:.
3. iA.lme~$~pn/ ~ f - ~ s e c t i o nT. ~
7 ~m i l ~ N a dAct
u V of 1EO;-In
the ~ a m i lNadu, District ,E/lupicip$tjes.Act, .I920(Tamil.-.Nddu-:,Act
Y cf 19201, ;<section 7, after'-sub-section,, (21, the follqwing, . . sub-
- sectidn shall be inserted, namely :-
'' (2-A) Every member of the State Legislative Assembly
, representing a constituenc'y comprising ,theL.whoJeor aay part of ihe
municipality and .every member of the State I-egida tive Council who

.
is ordi~pql~,~esident in :~he.,rnuni.cipadity;shdb e : - entinled to take
part h' the proceedings,af thz .c.ounciI~
' but,.shall not be entitled to
, . vote therein :
' L . 6' . . . , ,

-. .. ,
., ,
:~~~vi,d@-$at..
.
nothing. coni,ained.3n . this sub-section' shall . be .
. deem~d.$oo:di&en~~eame~ber.:ofthei~ta~.Legislat~ve:
v.>~ I iff.! -Assembly:,
a '

.-
;r.': . , .represeritangn'awnstituendy compr&ing:@e-we.br any part...of a
. 1
,,.
- ! . munid~alityor any member of the State Legisla* , : ~ o u ~ . cwho,
i l , is
ordinqilyt\re&dent inia municipdity,-;who has been ,elbbtcd as--.a
...A

ii
-:-' - . . ~ounc#Qg?~o~
. .. . ,
'. .
chairman;
. . . . .
4af his tight .-t- ;vote. ? -
.9
. '

. I
.
. ..
;< - .:.' . -.
6 .

-- ,
..
. ,

, .
, - (By.-:order:of the. Governor]
.. .
-
,
.-
i
'

. . - . .'I -
I '
a n S. VAD&VELU,'.
F:
.
. .+, . . ,
- .
. ._. .. .-*.: . . ::.. ,
1

-
.

-. .. .
,
- Com~cissio+?r ond,.Secretory. to Gbvernment;
Law Department, ..I .
., ' .
l <

I- . .
 LatestLaws.com
-..---+--,--,,,-,,-,, . . u r c w b + . . c - . r ; L L a L

496 TTMfIL N.-\l)U GO\ERNMETI GAZETTE EXTRAORDINARY

b .t -,-., ,
,X". .n , L

,.
I.:
.- -The *followingAct of the TamY Nadu Legislative Assembly
C r ~ g i a - i b assent
e of Lhe Govcrnor on the 27th November I966 and
is hereby published for geiiaral information :-

A C T No. 62 OF 1986.

An Act further. to amend the Modrus City Municipal Corporation

Act, 1919.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in

theThirty-seventhYear oftbe Republic of I#@aas follows :-

I , , $boor# title wd .commmee~e~t.--(I)

This Act may be called the
Madras City Municipal Corpbration (Second Amendment) Act, 1986.

(2) It shaU bs deemed to have. come into force on the 30th May 1986.

2. Amendment of section 554, Tamil ATaduAct j~ of 1919.-1n section

5545 oC the Madras City MunicipaI Corporation Act, 19 I 9 (Tamil Nadu
Act IV of 1919) (hereinafter referred to as-theprincipal Act), in sub-section
(I), for the words " within a period of eleven years and six months ",
t b q q r d s " within a period of twelve years and six mmths " shall be
subsbtuted. c

3. Repool and saving.- -(I) The M a k a Ciiy Mu blicipal Corporation

(Secdnd Amendment) Ordinance, 1986 (Tamil Nadu Ordinance 1 of 1986)
is hereby repealed. ,

n g repeal, anything done or any action

(21,~ o t w i ~ h ~ t a n d isuch
taken under ihe principal Act, as amended by the said Ordinance, shall
bed&med to have been done or taken under the principal Act, as amended
by this Act. d

S . VADTVELU,
v to Go ~-ern~)~ew,
er and S;lom~}rur
ri?r~rmi,~.~ion
rc. Law ~ e ~ u r r t ~ i e r t t .
 LatestLaws.com

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.

AMENDME h l TO THE MADRAS CITY MUNICIPA'L,

CORPORATION &ACT,1919.
1
1

1 2. f~serrionof'rtew secliola 96-A in Tamil hfadu Act XV of 1919.-

After section 96 of the Madras City Municipal Corporation Act, 1919
i (Tamil Nadu Act IV of 1919), t h c Following section shall be inserted.
;-namefy :-
" 96- h . T ~ ~ ~ c l r(inchding
crs hcad.mosfo-s)und ~ ~ hpersons
er employed
colznecfiorz wii17 the curl~ot.alionscl~oolslo be Go vernrnerz, servan 1s.-
(1) Notwithstan(linq:~nythilip contained i n this Act, or in any other
Iaw Tor fhc time being in Force, on R I I ~rrom the 1st June 1986,-
(0) ill1 ~ C ~ C J I C ~ S (i11cI~ding I!cadmasters), and

(6) all oficcrs and servants of the corporation,

1
elnploycd in collt1cc:tion with thc corporation scllools sIlaI1 become I

, whole-time Government servants.

i (2) Notwithstanding anything contained in this Act and subject I

I to the provcsions of Article 31 1 of the. Constitution, tlic State Govern-

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

!
 LatestLaws.com

, .;,::d. PART'PI.
w . , ". .I . , . -
-. 4

AMI~NDMENTTO THE TAMIL~NADUDISTRICT

MUNICIPALITIES ACT, 1920.
3. Insertion of new section 77-AA in Tarnil Nadu Act V of 1920.-
After section 77-A of thc Tamil Nadu District Muuicipalities Act, 1920
(Tamil Nadu Act V of 1920),_the followiug section shall be inserted,
namely :-
''
A

. I '

7 7 4 . 'Teachers (including headmasters) and other persons

employed in connection with ths municipz! sch3cls to 3e Government
servants.-(1) Notwithstanding anything contained in this Act, or in
any other law for the time being in force, on a4d from the 1st h n e
39867

'211)
. I?. (q) all , teachers
. , .
4.. f-d

igil;
-
,
. , . (including headmasters), and ,

(b)'-dlofficers and servants of the municipal counciis,

!

employe& id' comec&n with the municipal schools shall become

whole-time Government servants,
: 12) Notwitllstanding anything contained in this .Act and subject
to the provisions of Article 31 1 of tllc Coostitution, the State
Government may make rules regulating thc conditiol~sof service of
the teachers (includiug I~eadmasters) and-,i o L her.l"persons ?referred to
, , .-.. -.
in sub-section (I)." . ..
;* . .
- . - * -.- .:
:
'.
, :
.*
' l - I : '

_
,

..,, , -- !? -
. ,. _ ~ P A RXV.
*:,q
,
T 4
<-
0

.*... .
,
-
.. .I
, -

AMENDMENT TO THE MADURAI CITY 'MUNICIPAL

1 CORPORA'TION ACT, 1971.
, I

4. Insertion of new section 113- A ill Tufnil IVcrdu Act I 5 u j 1971 .-

After section 113 of the Madurai City Mur~icip~ICorpor~tionAct,
1971-(TarnilNadu ACL! qf 1971), the followi~lgsecrion sliall be inserted,
n a n d ) :-
a 1 13-A. Teachers (ilz cIurli,lg headmust ers) mzt! other pe~aolw
employed in connection with the corporation scllools fo bc G O I ~ L V - I I ~ ? Z C ! I ~ ~
servants.-(1) Notwithstanding : u ~ y l L i ~ ~coutaincd
g i l l this Act, or
in any other law for the time being in force, on and from the 1st June
1986,-
all teachers (including he admasters), and
(a)
. (b) all officers and servants of the corporation,

employed in conuection with the corporation schools shall becolw

wholetime Government servants,

. . - ..--., --- --.--.- -- .... . ., . . .. .. . ,-.. . -

. . , >
 LatestLaws.com

AKY TAMIL NAIYJ GOVERNMINI: GAZETTE EX'I'MONXNARV j

--A .
*
,

(2) Notwithstanding anything contained in this Act and subjeet

ro the provisions of Article 31 1 of the Constitution, the Government
may makc r~iIesregulating the conditions of service of the teachers
(including beadmas ters) and other persons referred to in snbaEmi9~
(l),".
PART V.
AMEh'DhSENT TO THE COIMBATORE CITY 'MUNICIPAL
CORPORATION ACT, 198 1 .
5. I~tsortiotz of rlew section 11 5-A in Tamil NuJu Act- 25 of 1281
After sectioil 115 of the Coirnbatore City Municinal Corporation Act,
.--
1981 (Tamil Nadu Act 25 of 198l), thc folIcrwing section shall be-inse~ted,
namely :-
'' 1 I 5- A . Teachers (incl~rciii7g headmasters) n,qd other persons
employed itt ccnneciion ~ v i t l z rl!e cor~or.ationsclrools to be Government
servants, - (1) Notrvithsla13ding nnytlling contained i n this Act, or - in
any other law for the time being in force, on an,d from the 1st June
1986,-
(a) all teachers (including headmasters), and
(b) all officers' and servants of the corporation,
employed jn connection with the corporation schooIs shall bwome
.
subject
: s:;::z whole- time Government servants. . .

1
vicl: of (2) Notwithstanding anything contained in this Act and subject ;
rred to to the provisio~~s
of Article 3 11 of the Constitution, the Government
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.
 LatestLaws.com
4,4b: T W l L NADU GOVERNMENT GAZETTE ES'PR.4ORl)INAttP
.
,
.... . -. ..
. . .
r

ix'i(2) Notwithstanding anything contained in the Acts or law men-

-._-
I
tianed:in sub-section (1) and s~~bjectto the provisions of Article 31 1 of
thchnstitution, the State Government may make rules regulating the
&diGpns of. service of the teachers (inclcding headmasters) and other
persbni referred to in sub-section (1).
7. Repeal and s a v i t ' ~ . -(I) The TamiI Nadu Municipd Laws (Second
Amendment)' cc~dinance, 2986 (Tamil Nadu Ordinance 3 of 1986) is
hereby repealed.
. (2) Notwithstanding such repeal, anything do ne or any action bken
under thersaid Ordinance or under the Madras City Municipal Corpora-
tbnm-Act,;1919 (Tamil Nadu Act IV of f 919) or the Tamil Nadu District
Municipalities Act. 1920 (Tamil Nadu Act V of 1920) or the Madurai
_ . CityY .Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of ,1971)
of,,the Gimbatore City Municipal Corporation Act, 198 1 fTamil Nadu
4gtq5 :6fj1981), as amended by the said Ordinance, shall be deemed to
havpibeep.doneor taken under this Act or under the Madras City Munici-
pd''~or~bration Act, 1919 (Tamil Nadu Act IV of 1919) or the Talnil
NadilDistrict Municipalities'Act, 1920 (Tamil Nadu Act V oE 1920)
or the Madurai City Municipal Corporation Act, 2971 (Tamil Nadu
Act 15 of'1971) or the Coiinbatore City Municipal Corporation Act,
1981,[Tamil
t&dAct, Nadu Act:25
i . . ..- . .
of 1981), as the case may be, as amended by
, ,

,I= A
J . * .
.. -.: . . ,
(By order of the G~vernor.) the
... . . here
m -:,,
S. VADIVELU,
i-,3- -.. . - -

f~:~j. r:. -
and Stlcrefary to Go vernnzel~t,
Cot~zmissi~ner
.('
.. Lav Department.

. I.
tural
Markr
Act, ;

--- P R m D .IND P'OBLTS- BY T m DIREOTOB OB BTATION&RY AND PBXN71Hb

MADBAG, ON BEHALF OF T m GOVZBNMENT OX X'A-KIL NADU
 LatestLaws.com
I

Ii

FlCT No. 14 OF 1987'

An Act furtj1er to a m m ? the lmvs re!oting to t k MmiCipol corpor~ ,

lions in the State of Tornil X d u .

BE it enacted by the Legislative Assembly of the State b f ~ ~ r n a '

Nadu in fhe Thirty-eighth Year of the Rp?ub[ic of India ii
.i

PRELIMINARY.
1. Short rille and c'ornr~!encement.--
( 1) This Act may bc called . :
the Tamil Nadu Municipal Corporatioll Laws (Amendment) Act, 1

(2) It shall come into force at once. ,

PART 11.

pn , ii, cd >mrifi 6 % ~t# G?FC A&&& C@ bM#&f

 LatestLaws.com

-
.---
TAI
-

., PART IV. Th
** ' ,. . , . receivc
' AMENDMENT TO THE COIMBATORE ClTY MUNICIPAL is hert
CORPORATION ACT, 1981. *

4 . Amendment of Schedule VIZ to Tamil Nadu Act 25 of 1981.-

I , .,S#e$ule VII to the Coirnbato1:e City Municipal Corporation Act,
3
1 81 W i l Nadu Act 25 of 1981),, in sub-rule (a) of rule 4, for the

~ 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
 LatestLaws.com
LatestLaws.com

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

AN> I\~IJEKEASthe Municipal Corporation T~awsprovide eighteen years as

the ~ninimum age for voting ;
i h ) wrrsr:e,\s no electoral 1~,11lias becn ~)r-l)ili.ed in accordance with
the said T,aws ;
Ax11 n.rrstraAjstllc preparation of nciv rqlls with eightccn years ns the
l l ~ i l l i t l l l l l l l iIg(' so'. \'Oiillg I l l i l ) 7 t i l k ( ' long' tilllcl ;
A:,:,!) n111:1:1:.\,: in order to co~nplete thc pro;css of elections to the
x;litl \ I 1111ivi C'or.l)ol.;~l
i c 1 7 1 \ , 111(~i.v
i.3 n o otht 1. ;: ltclrnativc cxcc~pt to llold the
ct1cc.tiorli c.n tilr biisis of Ilit clectvral rolls for thc territorial const;,,mci?s of
tile Tamil Nadu Legislative Assembly a s relate to the di,: '-rn or ward of the
snicl lT~tnic.ipalPol-porntions ;
I \VIII~I,\S it i o ~ ! ilCceSq;lty*
r to runke suitaljlc provision
in this rcgnri\ ancl for ct-~rtninothcr connected matters ;
1h: it c?~ac,tcd1jy tllc i.cgislative Asscl-ril)ly of the State of Talnil Narlu
;II tllc Forticth Year of the Rcpublic of India as follows :-
PART I.
PRELIMINARY.
I . ( 1 ) 'I'his ,\cat Jllay 1 ~ (.. i 1 1 1 ( ~ 1 thr 'l';~rnil Pli1t111 _\lunicip;~l Col.l)oration Short title end
I :\nts (Special J'rovisions and Amendment) Act, 1989. Commencement
"I Tt shall come illto force at or,cc.
I

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 ~l~~ ~ladllriliand Llections to the
t i (-\ii\(\Y;l\,
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
 LatestLaws.com

TAIL1 l L NADU GOVERNMENT GAZETrl'E EX'I'KA'ORUINAKY

------- - - - -
-..l-Y. -n >
. .
r
--
,
. - - - -----
- a- ---------r
-- .- -.--
-_Cm
-

. I 1. ~ \ ' I I I 11. 111 t l ~ ecase 01' ; i 1 1 ~ 1 2 i t o l . i i l l ( . o l i \ t i l ~ l i ~o~r ( *

t c q ~ ~
flit:
Tamil Nadu Iicgisiativc ,\\srnll,ly tlierc i.: 11o cIi\tinc,t ])art ol' the ~ l c ( + t ~ r i l I
roll relating to a c~ivisionor ward, every person whosc rmnc has been incleudcd
ancl every person who w:~.: clnc~liSeclto incluilccl in s ~ c hroll unclcr the
registration arcn (doii~l)l*ihillg tllnt division or wnrd and \vhosc atlclress is
situated in snch ili~isionor ward, shall be entitled to lie included i n tho clee-
toral roll for tho cIiviiion o r n a r d prepareel COY thc eIcc~tionsto t)c lleltf under
this section.

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.

] [ q j l o ~ ~ r i / i , , )' 1~' 1.1 ~ e c lt l t i ~yk111 wt,tio11 011 I II(; I I ( ~ I Y O I I h o

~ o ~ ~ f c r r11y
autllorisecl shall inc,lntlts thc l,o\\.cr to omit, i l l i l ~ cn1;lnnc.r ant1 n t t11(. times
n foresnitl, frolt: thc cIc(.to~alroll for any rudl iliviqion o~ \rarcl pul)lishcd
11nder this sul) s(t,:ic)ri, t11c nalile of any 1)el-son 1\~1iois (lead or who is dis-
qualified to he included In such part of thc electoral roll fur any territorial
constituency c,f the l'an~ilNadu Lcgislativc Assembly as rclates to that division
or w a r d

(4) Savc as otherwise providcd i n thc foregoing sub-sections, the pro-

visions of thc 31;1(112:\s (:if? 3Tunit.ipal C't,~l~tri.;!tion ifc*t, 1!'1!), tlio AIatl~~rai
City Tarnil Nadu Act
I V of 1919
Xlnnic.ipnl ('o~'l~ol':~tio?l .dl+, 1973 and thc ~ojn1l);ltorcCity Mnni~ipal Ccrporn- Tamil Nadu P :t
15 of 1971.
l i m ~n e t . 1!)SI. rib;iiti~~plo tllc clc~tionqto l l i c I 1 o r o i i r of Nadu Act
'1\Iadras, hiadurai lid Coilnbatore, resr,ct.ti~cly (including the provisions 250f 1981.
relating to the preparation and publication of llle clcctoral rolls), sllall apply
t o the clcctions to be held undcr this section.

P A R T 111.

A1\TENDDLENTR TO "'TE MADEAS CITY MUNICIPATJ CORPORATION

ACT, 1919.

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.
 LatestLaws.com
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,, 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

I I 1 ., ; I I A , I I I Sot, the ~vordsAmndment 01

1,;11~:1~i.1,.1p11,
section 61.
" :.iy 1,. " []I: " sl1;1\1
\ : . H I , / . .' f i \ t \,c,:~l>s I I O ... I,..; I I ~ ~ C I ~ .
. i , I I I) i t i ( 2 1 01 I 1 1 t thc following Amendment cf
section 62-4
~ ) r o ~ , i ssh:lll
o 112 : I(lcil! -, :!. I:-

" 1'1,11vitlctli11;lt (I,l\t'~~l>rncnt rt1;i?.! ! t~otific*;~tion. .for sufficient

,1
1 1 1 ~ 8

, , i ,,t I ; I , 1 ' 1 I I I I !. ! . , ; i l . , . , r l !I!.. ~ 1 1 1 . 1 1 yrl-ioti ]lot

I

l ~ ~ l ~ , ! . h. i ~\ i ~i ;~! , lI I~? ! ~I I ~2 % 111:i:; sp(x~ifi11;in \ i ~ ' , i : ~ ~ , ~ : i f i ~ ~".a t i o l ~ ,

!,:I

ill' s~:(.tion 50 of the 19S1 Act, in t h e first para-

, 7
1
i..
"'
,
111
,
.itl~-:.,'i.ti011
I I ,
(:;'
i i i 3 : ' 1.11~ \\'oI,(!s " five > . e i l ~" s h i ~ l lhe sub-
4mcndment 0'
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
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The ZoNowing Act of thc T a d Nadu UgislalSvc rkscrnbly rcceived the - , -

. . ..:
-f5

assent the G o 7 e ~ o ron the 17$ 'N0~4tber1989 and is hereby published -

'2 7

->-j
.

for generd information :-- "1

>..
:!

ACT No. 34 OF 1989,

.- ' . ...
,
.d.

..;
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
-.-'.,. . .:
.

PREL.MINARY. , . ,> ...

'

1. (1) This Act may be called tbe Tamil Nadu Municipal Corporation short . .,<
- ..:
LTWS
(Fourth Amendment) Act, 1989. wmmesamtut ..
. .. . . .... :.:;;.-
.
.
(2) It shall be deemed to have come into force oq the 29th Sep~mber
1.J,,

,
.. .:?
,
,.
,..
, ., -.&:
,<.<-,.
1989.
.,:. ;.:.:a
, 3

rqi';:'.
22, . ...
-,?:<

; ,.... . . . , -3 5::
PART II: .i :,?
. , .-. . g
,L..
.. . .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:

AMENDMENT TO THJ?, MADURAE CITY MUNICIPAL CORPORATION

Acr, 1971.
- . -,?.

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

CORPORATION A m , 1981. !:I

i
, :. C

4. In Schedule W to the Coimbatore City Mu4icipaI Corporation Act, ~ m t n h m 'or - ,-:

.-:
~ednleVII. -
1981, in sub-rule ( a ) of rule 4, for the expression " 30th day of September ,

1989 ", the expression " 31st 3ny of ,Mnrch 1990'' shall be substltuled.
!

5 . { 1 1 The Tamil Nadu Municipal CorporaticmLaws [Fourth Amend-Rqeal'and

na~g,
, .
ment) Ordinance, 1989 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken
under the Madras CiQ Municipal Corporation Act, 1919 or the Madumi City
MudcipaI Corporation Ad, 1971 or the Coimbatorc City Municipal Grpo
ration Act, 1981, as amended by tbe said Qrdinance, ;hall be dee'mcd to have
lmn done or taken under the Madras City Municipal Corporation Akt, 1919 .
or the Madurai City Municipal Corporation Act, 1971 or the Coimbatore City
Municipal Corporation Act, 1981 as amended by this Act.
(By order of the Governor)
P. JEYASZNGH 'PETER,
Sec7eidry to Governrzent, *.c-.. Dmartmenf. ., A:

.. .I,
 ' R - . p LatestLaws.com
7T-.I__-_

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ACT No. 8'OF 1981.

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.

Z. In sull-~etion.( I ) of seetion 62-A of the Madurai C~t,y31unicipal Cor- ~mcndmwtof '

of 1971. paation Act, 1971) for the expression " 30th day of Septemiber 1990*, the scctim 62-A.
expression " 30th day of April 1991 " shall be substituted.

AMENDD.IENT TO TBE COIMAATORE CITY MXNICIPAL

CORPORATION ACT, 1981.

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)

-- ' PRINTED AND puBusrnD BY THE DIR-R 3F STAno-Ry AND PRlNTING-

MADRAS ON -BEHALF OF THE GOWRNMENT OF TAMIL N A m
---
P. ;Tl3YASlNOTZ I' ETER,
,CJacretary to Col;cmstent, T,mulI)pflrtmenf. .

I
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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.

Laws (Second Amendment) Act, 1991.

(2) It shall come into force at once.

PNiT 11.
A?ne?zd?nentsto the Mndras City Xunicipal Corporafiotz Ant, 1919.

T d Nadu
w of 1919.
Act

'(5. Constitution of the c&u;il.-<(lJ~ Save q otherpJise provided in

spb-seotion (4), the couneil shall consist of one hundred and fifty-A\"r e coun-
cillors elected in the manner laid down in this Act.
(2) Notwithqtanding anything contained in sub-section (1) there shall
be repretqata~timin the council for the members of the Scheduled Castes and
the Schduled Tribes and the nunlber of members representing thc Scheduled
a castes and the Scheduled Tribes. shall bear, as nearly as rimy be, the same pro-
portion t o the tdal number of seats in the council a8 the population of the Sche-
- . duled Castes and the Scheduled Tribes in the City, bears to the total populit
tian of the City and if sufficient nunher o$ members belonging to the Schduled
gastos and the Schcd~dedTriboa are not elected to that extant to the cquunoil,
the elected members of thc counjcil shall, at the first meeting aif the council
after each ordinary elccticn to the council, -opt to itself ths men1be.m belong-
mg to the Scheduled Castes m d the Scheduled Tribes to that extent as coun-
cillors, in accordance with such pioccdure as rrmy be prescribed. +

(3) Not~vithslanding anything' eaqtaiaad in sub-section (I), there

&all be, as nearly as may be, thirty per cent representation l o r women in the
council and if sufficient nuinl~erof women are not elccted to that extent to the
council, the elected members of the council &all, at the first meeting of the
council after each ordinary election to the council, co-opt to itself wch number
of >vomen, as nlay be necessary as councillors, in accorclance with such proce-
dure as may be prescribed, to ensure that there is thirty per cent roprestntaticm
for lonuen in the council.
(4) The strength of the council as q p d e d i n sub-section (1) shall
be deemed to be inclewed by such number as ma7 be ceopted under ssab-
siectiens (2) and (3).
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3. In section 53-A of the 1919 Act,-

(1) in sub-section (I),-
(a) for tho' words " every person who is sleoted ", the words '! everp;
p e w n who is elected or co-opted " shall be subtitnted ;

having been olectd s caunoih

'I
A'B' having h e n co-apted ru c~uncillor"
shall be substituted :
(2) in sub-section (2), for the word " elected ", the worcla '' deeted or
cc-opted " shall be substituted ;
(3) in sub-secrtion (a), for the word " elected ", the nords " elmted or
ca-opted" shall be' substituted.
4. In &ation 55-A of the 1919 Act, f o r sub-section (3), the following sub-

. "(3) A councillor elected at a, casual election or co-opted at il casual

v'wancy of a co-opted councillor shall enter upon office fotthwith but shall
hold affice sol Img only a ~ sthe cctuneiUor in tvlzcw p k e he is elected or: co-wed
v~ouldh a ~ e been entitled to hold office if the vacancy had not occurred. ".

6. In section 59 of the 1919 Act,-

(2) in sub-secticn (I), for the ~ ~ o "r elections

d ", the words " elections
and co-options '.' shall be substituted ;
(3) in sub-sedtion (2), in clause (b), I?& the wvoril "elactions", the
word$ " elections or cceopnions " shall be substituted. ,

PART 111.
'
Antelidntents tot the Madtcrai C i t y Mzinicipal Corporation Act, 1971.

7. I n the illadurai city 31unicipal Corporation Act, I971 (hereafter in T@ Nadu

lthis Part refelred ta as the 1971 Act), in section 2, after clause ( I I ) , the Pollow- Act 15 of 197r.
ing clause shall be inserted, namely:-

8. F o r section 5 of the 1971 Ad, the following section shall be substituted,

" '5. Coizsiitdion of the couszcil.-(1) Save as othcrlvisb provided in

' sub-Action' (4), thk council'&all consist of seventy two coanciliors elmlctl in
the manner laid down in this Act.
(A Group) V-2 Ex. (343)-la
 LatestLaws.com
LatestLaws.com

(2) Notwi-ding anything contained in sub-sectiun (11, there

6;hall be representaion in the council for the members af the Ekheduled Castes
and the Scheduled Tribes and the number of members representing the
Sdeduled Casks and the Scheduled Tribes shall bear, as nearly may be,
the pyqportion to the total number of seats in the c~uncil the ~opuktictn
of the Scheduled Castes and the Scheduled Tribes in the city, l.xeam to the
total of the city and if sufficient number of members belodng to
the Scheduld Castes and the Scheduled Tribes are not elected to that extent
to the council, the oleclted members of the council shall, at the first meet~ngof
the after each ordinary election to, the council, ccd-opt to itself the mcm-
bcrs belonging to the Scheduled Castes and the Scheduled Tribes to that extent
as councilloas, in nccordaflcc ~ 4 t hsuch prooedum as may be prescribed.

Explnnation.-For the purpose o this sub-section, the expression

" population " means the population as ascertained at the last precedirlg census
of which; the relevant figures have been publisbd.
(3) Notwimnding anything ccatained in wb-sxtics ( I ) , there
shall be, as nearly as may be, thirty per cent representation for women in
the council and if sufficient number of wonlen are not elected to that extent to
the council,) the elected members of the council shall, at the first meeting of
the council after each ordinary elccti~nto the council, ca-opt to itseIf mich
number of women, as may be necessary as councillors, in accordance with such
procedure aq may be prescribed, to ensure that the* is thirty per cent repre-
ssnration for women in the council.

(4) The strength of the council as specifled in subeotion (1) shall

5e deemed toi be i n c r e d by such number as may be, co-opted under sub.
swtions (2) and (3).
(5) Notwithstanding anything contained in this Ad, the provbiane
relating to the qualification and disq:ua.liflcation of councillors under this A&
shall, as far as may be, apply in relation to the councillors wopted under
sub-sections (2) and (3) as they apply do the councillorn elected under sub-
section (1).".

emitted.
$0. In section 62 of the 1971 Act,-

(1) fw sub-section (3), the fallawing mb-section &all be substituted,

namely :-
'' (3) A councillar elected at a casual election or co-opted a t a
cwud v w c y of a cu-opted councillor shall enter upon office forthwith but
Elhall hold office so long only as the councillor in whose place he is elected or
coopted would have been entitled to hold office if the vacancy had not

(2) sub-mtions (4) and (5) shall be omitted.

P U T IV.
,
A ~ n Coi7nbatore
~ to fh ~ s City Municipal Corporation Act, 1981.
12- the C ~ ~ ~Ci*y 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
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LatestLaws.com
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 ) , them
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;

15. In section, 64 of the 1981 Act,-

I r

(1) for sub-seaticn (3), the following mb-section shall he substitutecl,

namely : -
" (3) A councillor elected at a casual election or coopted at a
c w a l vacancy of a co-opted councillor shall enter upon office forthvJith lbut
lshall hold officc w long only as the councillor in whose place he is elected or
co-opted would have been entitled to h ~ l d oflice if tho vacmcy had not
occurred." ; ,
(2) subrsections (4) and J5) $141 be omitted.
, -
. . I b3
$
I

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.,
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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

--"'- '--."";"f'";l
ACT No. 21 OF 1991.
$7---

An Act further to anzend the l a ~ relating

s to the JlunicipaL Corporations and
the Munic4paaities in the State of Tatnil Nadu.
BE ~t enacted by the Legislativci Ayembly of the State of Tamil Nadu ia
the Forty-second Year of the Republic af India as follows ;-

, , - . 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 TO THE IUDURAI CITY MUNICIPAL CORPOUTIQN

ACT, 1971.

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.
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TAML NADU OOVEPNMENT GAZETTE EXTRAORDINARY

AMENDMENT TO THE TAMIL NADU BlUNLCIPAL COUNCILS

(A.PPOINTiKJ3NT OF SPECIAL OFFICERS) ACT, 1991.
6. In clause (a) of sublaeetios, (3) of section 3 of lttte T d Nadu Munidpal
Coiuncile (Appointment od Spmll OfEcerq) Act, 1991, for the expression
" 10th day of April 1991 ", the expression " 30th 'day 01 Ssrptemk 1991 "
shall be substituted.
7. (1) The Tamil Nadu Municipal Laws (Amendment) Ordinance, 1991,
is hereby repealed.,

(2) Notwithstanding such, repeal, an- done or any action taken

nnda the &baa City Wipal Corpo1ation Act, 1919, or tbe Wura,i City
2
- IL.

Xunicipal Corpwaion Act, 1973 or the Cairnbatore Ciity Mmieipd Coopcatriioh

Aet, 1981 or the Tamil Nadu Distriat M u n i s i ~ ~ e(Second

b Amendment snd
,

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

ha d e e d to have been done or taken uuder Ithe Madras City Nunicipat

CorporaCim Act, 1919 or the Nadurai Gity Municipal Corpmation Act9 1971

or the Coimbatore City Municipd Coqmmth U,

191 m gz

District Muaiaipalitierq (Seaad h a d m a t ; md S p X Prcnibens) Act, I490

or Alre Tamil Nadu Municipal Couneila (Appointment of Specid OdIbm) Act,

1991, ~EI amended by this Act.
I (By order of the Governor. )

,- P. JEYASINGE PETER,
t , , a a , .. ,i Secretary to Gwcrnment, L w Department.
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sbort titlk
and can-
mencement.

Amendment
of section,
55-B.

Amendment .
of section
62-A.

Amendment of
schedule W.
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-- -

'TAMILNADU GOVERNMENT GAZETTE EXTRAQRDI~KY 63

7-- 2

artive A,sembly i.e&ved ;;he

and is hereby puijlidied for

ACT No. 14 OF 1992.:

An Act further to amend the laws relating to the Municipal Corporafions and
the Municipalities in the State of Tamil Nadu.
BE it enacted by the Legislative Assembly of the State of Tamil Nadr
in the Forty-third Year of the Republic of India as follows :-
PART I.
PRELIMINARY
1. (1) This Act may be called the Tamil Nadu Municipal Laws (Amendmcet Short title
Act, 1992. and corn-
mencement.
(2) St shall come into force at once.

AMENDMENT TO THE MADRAS CITY MUNICIPAL CORPORATION I> 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 secLion
sion " 30th day of September 1992 " shall be substituted. - 55-B.

PART 111.
AMENDJMENT TO THE MADURAI CITY MUNICIPAL CORPORATION ,'
ACT, 1971. 1 at!

3. In sub-section (1) of section 62-A of the Madurai City Municipal Corpora-

tion Act, 1971, for the expression " 31st day of March 1992 ", the expression Amendment
" 30th day of September 1932 " shall be substituted. of sectkin
62-A.
PAXT IV.
AMENDMENT TO THE COZMBATORE CITY MUNICIPAL
CORPORATlON ACT, 1981.
4. In Schedule VII to the Coimbatore City Municipal Corporation Act,
1981, in sub-rule (a) of rule 4, for the expression " 31st day of March 1992", Amendment
of Schedule
the expression " 30th day of September 1992 " shall be substituted. VIz.
PART V. 1

AMENDMENT TO THE TAMIL NADU DISTRICT MUNICIPALITIES

(SECOND AMENDMENT AND SPECIAL PROVISIONS) ACT, 19W. a

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

(By Order of the Goveruor.)

,,
3fD. ISMAIIr,
-, 1
a -
Secretory to Govet.nmcnt, Law Departntent. I
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TAMIIfi NnDU GOVERNMENT GAZElTE EXTRAORDINAR'Y~

--.- - IIC 7.'-
r09
Thc following Act (if the Tamil Nadu Legislative Asscmbly received the
assent. oL' tile Governor un the 12th June 199'2 and iq herehy publisherl 51r
gcr~cralinformation :-
s 5

F. "
ACT Ao. 26 OF 1992.
An Act jzrrtiter i o unteld the iNndras City M~~wicipal
Corpordion Acl, 1919.
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the
Forty-third Year of the Bepublic of India as follows :-
1. (1) This Act &aJ. be called the Jladras City Blunicipal Corporation
(Amendment) Act, 1992. Shorttitle '?
and cam- j
(2) I t shall come into force at once. mencement .
2. In the Ahdras City 3iuniciN Corporation Act, 1919 (her,einafter
refcrred to as the principd Act), in slection 7, Amendment of
section 7.
(1) for the marginal heading, the following marginal heading shdl be
sul~s%ituted,namely :-
'( n e rother o ~ e r."
C o ~ ~ ~ n t i . ~ $ oand s;
(2) for sub-sections (1) and ( 2 ) , the following sub-sections shall be
substituted, namely :-
" (1) Tl~ercdm11 be a commissioner who ahdl be appointed by the
Stite Government.
(2) The State Government may appoint such other officersl to assist
the commisioner ss may be neces'sary."; I

(3) ill sub-section f 3), for the expresqion " the commissionel; the
assistant comrrlissioncrs and the personal & s W t to the commiGoner ", the
expression " The commiss$oner md other officers appointed by the State
Government " shdl be substituted ; ,
(4) in sub-section (41, for the expression " the commissioner, the asisis-
tant commissioners turd the personal adstant to the commMoner appoiated
under sub-section (2) ", the expression " the commissioner and other officem
4 .,,.,,(
Pk ( .
1.
..
4

appointed by them " shall be' substituted ; . . ..-.. #.*

(5) in, sub-section ( 5 ) , for the expression " the commissioner, the a & ~ -
tant commissioners and the personal assistant to the commissioner appointed -. . , t i . - '
,
under subsection (2) ", tile expre@on " the cornmi~sione~ h d other .oAi&nr
1

appointed by them " shall be sub&itutecl.

3. In scction 9 of the principal Act,- I

$1) amurdrnmt sf
(1) in the marginal headin& 101- tlrc exprc*don "nx~isterttca~nmi.r- section 9. .
sioner.~"# the expressjon " other oficer, " shail be substituted ;
' (2) in sub-section (2), for the expression " the assistant commia-
sioners", the expression " the other officers appointed by the Stat.: Govern-
ment " shall be substituted ;

(3) in sub-sectiann.(31,-
( 0 ) in the openii~gportion, for the expression " where the office 01 .
an asgi&ant &umissioner is vaci~t,", the espression " wbere t l ~ coftice of ang
~p W of&crs appointed under mb-section (2) of section 7 is vacanb " &all'
h: substituted ;

(F) in clause (a), for tbc expre&sion " on the ascjistant commia.iantr,
or ". the cxprewion " on the finid officer, or " hall I)(! .whstitntecl ;

( c ) in clauso ( b ) , for the cxpre~xion, " n,notl~cr assistant cam.

miasjoner ", tho expression " my other officer appointed undcr quit-section (2)
J
c t seetion 7 " shall bc substituted.
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l0
I. NADU
TA,<;~IL Ky..--+
------GOVERNMENT GAZETTE .EXT~LAORDINF
-
i
I - - ' '
- . ,

1 ) i
Sub:tiluliun 4. scctioll 1.; or ~ ] Illinclp;ll
i ~ , \ t I,, tilt ~ ' o i l ~ ~ i nh c:8rc * t i c ~ l l \ I I , ~ I I 1 ) ~
of s-ctian 13. h~t)?,litlltcd,IIBIIICI~:--
6. 13. salur.y oj' (btd olhc,. ofliric.cr.s.--'rile
c;,,,~~,lbi,ssiurzci ('~)ll)lnishi()ntor
0 t h oficct.s
~ ~ :lppointed by the State Govcrnnlent sllall hu paid out oc thc
aqri ieipill fund su~cll salary and nllo\~:d~lcesar mag, fro111 ti~rlet I) ti l l l ~ ,'be
iis~irIjy tlie Sti~tc(:overnmcnt. ".
Amcndrilcnt of 5. In scction 15 of the principal Act,-
sectroa 15.
(1) in t1i.o margjn:ll heading, for t l ~ cc q , r c . ~ v i ~"nn.$~islnlll ( , ~ ) i j t p ' t I ~ ; -
, ,..: .sime~. ",the cxpresfiion " cltltl of!'^'
a?& persoqrul assistuiit l o the co?~l)~~issioitcr
.. oficers " shall be sul)sitit~~tcd ;
,-..;i ,
(2) lor the espres,ion " or an assistant cu ~ l ~ n i s s i ~or n t rtllc perbonal
as~iqtalltto the, comnlissionsr ", thc expression " or other appointetl
*. ... 5 under .ccclt~gm7 ", shall bc sul>i;tituted.
, . .?

4. ln section 1 6 of the principal Act, for tllc cxpres&ion "the personal

Of 'ncsialint to the comlnissioner ", the exprcs!on ('CO an.; otilcr oficer appointed
section 16.
nndel* subsection (2) of section 7 " dial1 I?c ~ub%tittikc.l.
7. Section. 16-11
,
of the principal ~ c ;shall
? be omitted.
Drnission of I .

ection 1 6 4 .
8. In qection 1'7 of the principal Act,-
Amecdmcnt of
section 17. ' . (1) for the expression " by an e s t a n t coilmissioner or the pasolu1
:r,sbibtant to thc ~ O n l l n i ~ ~ i o", r expresion " by a n officer appointed uncler
n ethe '

sub-section (3) of sectlon 7 " shall be substituted ;

I
(2) t&e expression " or 16-A, as ihe case mag be " shall bc olnittcd .

Amendmeat of . 9. I n scction 18 of the principal Act, for the cxpresion "an e t m t

section 18. clo~irnussi~nei~", thc expression " any other officer appointed uncler mblsecbion
( 2 ) of scction 7 " ~11~11he substituted.
AmenQmont of 10. I n section 85 of the principal Act, for the, csp~.c$~ion " In d d i ~ i o n
section 85. to thc two ;~?lsib%ant~ ~ I ImI issioncrs
I and a personql a4sistanl to the coli~lnis-
'si.~ncr,",the c.xpre+eion " I n addition to tbc other officcls appointed undcl*
sltl)-~cc.tion(2) oL' swtion 7," shall be substituted.

~mendcnmtot I I. I n section 92 oC the principal Act, 'for tllc ixpru,wion " 011lui. tltitn
section 9- -tE,! a..;si>,tqntconunis~sione~:~,
the personal zwsihknt to the .
cornmi5,'di~nel? :mil
('!ass 1-A oficcrs) ", the expression " [other than t l ~ cofficers appointetl ullQr
snh-scction (2) of scction T and Clasl 1-A oHj(.ers] " slur11 I)c sul)stit,l~te(l.

?' . ,.. .-
I .
"' .. (By order of the (;lovernor)

>ID. IS~ILAIIJ;
Secretarg io Gocct.?tt~zen.t,Lnw T)eparl.oncnt.

..,.
. .. .... . . . . . . :. .. .._. .
........... . . . . .. . .. . . . .. .. . ,, ' . . , ......
i I '8
. <,; ... . . . . . ..
'.
' f i.:.

. ' - ,. . . ....;-:
,..... ..
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EXTRAORDINARY ' ~ o l n w a ~~ m m

io, 5704 MADRAS, TUESDAY, SEPTEMBER 29, 1992

PURATTASI 14, AANGEERASA, THIKUVALLUVAR AANDU-2023
..- -.
I
- -- - -. . - . - --. ,
...
I Part IV-Secrion 2
I
t

The following Act of the Tamil Nadu Legislative A m h l y received the

aq4ent of t,hc Governor on tihe 29th Septenxbeq 1992 and is hereby puhllishd
I
i
i
for general infomtion : - i
' i
ACY No. 45 Oil? 1992.

.4 t~ A c t further $0 tunlend Ihe laws rebti~zyto the Murzicipul Corpo.raf4on.v and

the Mt~rt'kipal4tklit&. the State of Tamil Nadtl. I

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;.

(2) Tt shall come into rorce at once.

1 j
pmfrU. I
' 1
i
T THE , I W ~ ~ A SCITY MUBIC~PAJ,COR~OWIA~~LOLV
A M L W I T ~ ~TO i
ACT, 1919. I
55-11 trf' thc M~ttl~un
2. ~ l nxub.nec.tiur~ (1) or ,~crt;ior~ Oit,y Mdr~iaipb~l(:or*-
Amendment of
Of I9l9. p,,lo;!tien ~ c l , ,inld, for tho expreminn i4 30th drip or %pMml,cr 3992 thc wctio. 35-B.
cxprc*s.n.on" 30th d r t ~of Septe-nhcr 7993 " ~h~hnll
& .
I J ~m!&tet l . .
1 . rcrllll * 1 189 1
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'

1 . -

' day of September

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TAMIL N ~ UGOVERMMENT
. GAZETTE EXTpAQPS,INARY >*
- i2 - h
12?4(r
*I

The following .Act of b e Tamil Nadu Ihgklativg Bslsembk received the , L!

.:
a e n t of the Qove~rno~ on the'& D m b e r 1993 and id b e b y , p b W e d
for general b f o m ~ t i o n:- %

ACT No. 31 OF l993.

An Act further t o amend the lawi dating to the MudcipdCorparstions at~d
the Municipalities 'in the Srtate of T d l Nadu.
d

BE it enacted by the Legiqlatitive Assembly of the State of Tamil Nadu h t h e

Fo&y-fourth Year of the Republic of India as follows :-
P U T I;

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
&gtember 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

1. In Schedule VII to the Coimbstore City Municipa~Uorpbration Act, bmdewnt of

1981, rule 4, in sub-rule (a), for the expr-iod "30th day of September ScMub W.
1W3",t.hc t~xpwwion('3lstr day of May 1994" shall be mEstitnted.
P U T V.
A K E ~ ~ ~TONTHE T TAMIL NADU DISII'RICT ~ ! ~ U N T C I P B L ~ I E S
(SIEwND AMENDMENT dM)SPECIAL PROVISIONS) ACT, 1990.,
6.. In.df4pe (8) of 8ubection (3)' of section 4 of the Tamil N d u District Amemhcnt oi
M w c l p a t i e s (Second Amendment and Special hovimom), A d 1990 fbr section 4.
the expressior "3Wh day if Fey-her 1993 ", the urpreaoion *a&t dag; of
May 1994 '"all be substituted.

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* 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
E'

be substituted. I-"
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kepeal and 7. (1) The Tamil N a h r Mmicipal~LA- (Amendmeab) W d k c e , 1993 Tamil Nadu
wing. I is hereby repeal&.

CW 0iEde~-@@ *-&-ok) w
.

> ,

X. B E T Q ~ ~ ~ ~ L U Y ,
C r . . r . ' , . . . * -
Mw to aove.nmpoq Law Department.
. . .? .,
I

. , - 2 -
.

, . . . - .

.. , ,
-. .. ... ',.., .,, 1
w 4 - I .

. I ' i

.. - ' - * I.

..
- 1

.-
i
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GOVERN MENT GAZe'ITE EXTRAORDINARY
- -- - --

/-

. , . .The following Act of the Tamil Nadu Legislative Assembly received the a t
of the Governor on the 17th May 1994 and is hereby published for gen-I
' hformdion :-.
ir
'5
I t . . , 1

ACT No. 26 OF 1994.

An Act,further to amend the laws relating to the Municipal Corporations in the State el
Tamil Abdtl.
J
ted by the Lcgisktivs Assembly' of the State of Tamil Nndn in 'tho~oh-fifth
he:~@ubfidof India as follows :- I

r m 1 I.

PfelhhUky.
* , ~ 0 3 ,

This Act may be called the Tamil Nadu Municipal Corporation Laws
ql..(l) Short.title an4
(Amendment and Special Provision) Act, 1994.

(2) It shall a x e ist.o force ea such date as the State Gouetnmmt may, by porn-
mtt'bil,appaIbt: ?

?Am a.
lii \MEmmNTS TO TEIE MADRAS CITY MUNlClPAL COIUPCRhTION ~ m1919.
,
2. In section 3 of the Madras City Municipal Corporation Act, 1!>19(hereinafter
in fils Part referred to as the 1919 Act),-
(1) cl'aasc (9.AA) shall be omitted1 ;

(2) after clause (13-A), the following clause sball be inseri.cd, :namely :-

I
" (13-AA) " Metropolitan area " means the area comprised within the limits
k", of the City'of Madras, specified by the Governor by public notification under clause (c)
af Article 243-P of the Constitution :";
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-
200 , _- -- -
- _ __
TAMIL NADU GOVERNMENT GAZETTE E'llTRAORDINARY
'
4
-
"I.-=-"*-
--
---I
----
LWrr--

(3) after cla~se(13-B), the following clause shall be inserted, namely :-

!
(13-C) " Municipal krea " means the territorial area of the Municipal Corpo-
66

r d b n of Madras as is notified by the Governor under clause (d) of Article 243-P of the
Constitution ;'. ; . >

(4) after clause (25-C), the following clauses shall be inserted, namely :-

1 (25-D) " State Election Commission " means the State .Election Commission
6b

r&-red to in section 6-1 ;* + ' -----/-'

A t

, (25-E) " Sf- Election Commissioner " means the State Election Commis-
.
\
,":
3
t
sioner referred to in SW~~O-I
(5) after clause (26-A), the following clause shall be inserted, namely :-

I
6G (26-B) " Wards Committee " means the Wards Committee , ceferred to in
section 6-F; " :
(6) after clause (27), the following clause shall be added, namely :-.
I 1' . ,
"Zone" means a lone referred to in section 5-A.".

Amendment 3. l a section 4 of the 1919 Act, in sub-section (3),- . ,I i

of section 4.
' I ' I*, I I1 .
(1) in clscuse (b), the word "and " occurring at the end shall be omitted ;

(2) after clause (b), as so amended, the following clause shall be inserted, namely :-
.I' l : ' L ,.& a. - . ' J , . . . , , - . ' ) I . , '!
G6 @b) the Wards Committee ; and ". : , I . I .

Substitution sections shall be substituted, namely :-

4. For section 5 of the 1919 Act, the follo~*~ing
r of new
section^ 5, " 5 . Constitution of t& cdilkdi/.-(I) The council shall consist of one
5-A and.; , hundred and Bty-five council~ors elected
.. in the nianner laid down. in.this Act.,
5-B for .
. . i $ 1 '! 8 .

section 5. (2) The following persons shall also be represented in the council, namely :-
. ...
_,.', .. ., I

# . c, (a) ten persons who are not less than twer'ty-five I years? ,d%age,an&:$ho
have special knowledge or experience in municipal administration, to be nominated
I
by the Stzte Government: , I a # - $

-
Provided. that the person nominated under this clause shall. not have the
right to vote in the meetings of the council,
(b) the members of the House of the PeqpIe representing constituencies which
ccmprise wholly or partly the area of the corporation' and the plembers o.f the Councit .
ef States registered as electors with~nthe area of the corporation^;
LC)
as 'nearly as possible, one-fifth of the members of the Tamil Nadu Legis-
lative Assembly %resenting constituencies which comprise wholly or gartl the area of
& corporation to be nominated by the Speaker of the Legislative ~ssemb$ by mtatiOIL .*
evay year :

Provided that while nominating such meanbets by rotation, the Speak= of

,
"
fie Legislative Assembly shall ensure that as far as possible all the members representing
constituencies which comprise wholly or partly the area of the corporation are given
an opportunity of be~ngrepresented In the council atleast once during the duration of
the council ;

:(d) the Chairpersons of the Committees, if any, constituted under sections

6-A and 6-E if they are not councillors. I
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GOVERNMENT GAZETTE EXTRAORDINARY Bj, .
- --
.uvc-
--
- - --
--A
-- I

(3) Seats shall be reserved for the persons belonging to the Scheduled Castes
and the Scheduled Tribes in the council and the number of seats SO resc:rved shall bear,
as nearly as may be, the same proporticn to the total number of seats, to be filled by
direct election in the council as the population of the Scheduled Caster; in tha City or
of the Scheduled Tribes in the City bears to the total population of tbe City :
Provided that for the first election to the council to be held inlmediately after
the commencement of the Tamil Nadu Municipal Corporation Laws (Amendment and
Speciql Provision) Act, 1994, the provisional population figures of the C ~ t yas published .
id refatidn to 1991 census shall be deemed to be the population of the City as ascertained
in that census. n ,

(4) Seats shall be reserved for women belonging to the Sched~ledCastes and
the Scheduled Tribes, from ainong the seats resGr ved for the persons belonging to the
Scheduled Castes and the Schedulcci Tribes, which shall not be less ;han one-thirdof the
total number of seats reserved for the persons belonging to the Schedulc(1 c tstes and
tbe Scheduled Tribes
(5) Seats shall be reserved for women in the counciI and the number of seats
reserved for women shall not be less than one-third (including the nuriber of seats reserved
for women belonging to the Scheduled Castes and the Scheduled Tribzs) of the total
number of seats in the council.

i
(6) The reservation of seats under sub-sections (3) and (4) shall cease to have
effect on the expiration of the period specified in Article 334 of th Constitution.
-5-A. Division oj' city into zones.-(1) The City shall be divi ed into the number
of zones specified in column (1) of Schedule IX and each zone sh? 1 be known by the
name specified in column (2) of that Schedule and each zone shall extend to the areas
.--
comprised in the divisions specified against that zone in column (3) of the said Schedule.
(2) The State Government, may, after consultation with the corporation,
from,time to time, by notification, alter the names, increase or diminish the area of any
zone specified in column (3) or Schedule 1x3
5-B.Duration of corporation.-(I) The corporation, unless sooner dissolved
under section 44-A, shall continue for five years from ;the date appointed f o ~its first
meeting at ter each or 'iaary c.I?c<o;- and no Ionger.
(2) An election to constitute the corporation shall be completed-
(a) before the expiry of its duration specified in sub-section ('1) ; or
(b) before the expiration of a period of six months from the date of its
dissolution :
Provided that where the remainder of the period for which the dissolved
corporation would have continued, is less than six months, it shall not be necessary to
hold any election under this sub-section for constituting the corporation for such

' 5. I n section 6-I3 of the 1919 Act,- Amendment

of section .,
'(1) in sub-section (I),- 5-B. . v
* : 4l.p
(a) for the words "from among its members", the words "from among its
m&'nbers;.tvho ' is a councillor" sba.lJ be substizuted;
-* ,, .
' (b) after the proviso, the following proviso shall be added, namely :- ,
, ,

"Provided further that in every standing committee there shall be one member
elected by the members of each Wards Committee from a.mong themselves at the first , .. , a
meeting of the Wards Committee.";
(2) for sub-section (2), the following sub-section shall be substituted, namely .--
of a standing committee or a Wards Committee, if he ceases
ases to represent any of the categories mentioned in clauses (b)
of section 5 shall cease to be a member of that Committee
pop 3ecome vacant.".
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2G2 3-,4~.:11,pj,:j;i . .. , i , ' , , ~ , i ,,, : . I . . ~* .".-

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!f lnsertio11 ~t 6. After section 6-E 01 t h t , 1919 Act, the following headings and sections shall be
new head- inserted. namely:-
ings and :
m sections
dF, 6-G
6H and 6-1. "THE WARDS COMMI'ITEES.

For each Zone then? shall bt a Wards

Conmaittee whioh
(a) all the councillors elected from the divisions comprised in that zone; a d
I
I
the person, if any, nominated by the StPte Govenuneut under clause (o)
(Ij)
of sub-section (2) of section 5 if his name is registered as an elector within the territorial F
I

limits of the Zone concerned. , ,

(2) The Wards Committee shall be deenied to have been constituted from the
date on which the corporation is constituted after each ordinary election. ,
6-G. Application of sections 6-B and 6-C.-The provisions of sections 6-B and 6-C
shall apply in relation to the election of Chairman of a Wards Committee as they apply
in relation to the election of Chairman of a standing commitbee.

Powers and functions oj Wards Committee.-(1) Subject to the provisions of

6-H.
,,lj% Act, every Wards Committee shall exercise the powers and perform the functions as
specified in Schedule X on behalf of the corporation in relation to that zone.
(2) The State Government may, after consultation with the heorporation,.,:,by
notification, amend Schedule X.

(3) When any question arises as to whether any matter falls within the purview of
a Wards Committee or the corporation, it shall be referred to the State Government and
the decision of the State Government thereon shall be final.
#
(4) The procedure to be adopted by the Wards Committee for transaction of its
business shall -be such as may be prescribed.
( 5 ) The duration of the Wards Committez shall be co-extensive. with tbe duration
; ,; the corporation.

THE STATE ELECTION COMMISSION.

6-1. Elec~:onsto corporation.-(1) The superintende~ce, direction and control of

\ tne preparation of electoral rolls for, and the conduct of, all elections to the aorporation
shall be vested in the State Electkg Commission consisting of a State Elation CO@S
sioner to be appointed by the Ciovernor%liiiZ%irticle243-K d -tution.
::
,
1 A--

(2) The Governor shall, when so requested by the Ute Elec Commmon,
kake available to !he state uection Commission such stafl as may e nem@ary for the
discharge of the fuzctions conferred on --the'" State Election Commlssl by sub-!
w-
section (l).". - .-1/
-

A mendment 7. In section 27 of the 1919 Act,--!

ot section
27.
(1) for the words "the proceedings of a standing committee", the words "the
proceedings of a standing committee or a Wards Committee" shall be substituted;

12) for the aords " q W with by the standing cam&e",thc wads Ycloarpficd
w m by the sranding collimittee or the Wards Canmi&$ be rtrbQPaa
- *.*
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I
I
insertion of
new see.
tion 27-B.
"27-B. Metropolitan Planning Comm!ttee.-(I) There shall be constituted a Metro-
" politan Planning Committee to prepare a draft development plan for the Metropolitan
area as a whole.
(2) The State Government may, by rules, provide for-
(a) the coinposition ot the Metropolitan Planning ~ommittw;
(b) the manner in which the seats in such Committee shall be filled;
(c) the iepresentation in such Committees of the Government oi India and
the State Government and of such organizations and institutions as may be deemed
necessary for carrying out the functions assigned to such Committee;
(d) the functions relating to planning and co-ordination for the Metropolitan
area which may be as~ignedto such Committee;
(e) the manner in which the Chairperson of such Committee shall be chosen.
(3) The Metropolitan Planning Committee shall, in preparing the draft deve-
lopment plan-

(a) have regard to-

(i) the plans prepared by the City Municipal Corporation of Madas for
ity of Madras as a whole ;
' (ii) the Spatial plan prepared by tho M a d ~ a s Metropolitan Development
ority Constituted undel the Tamil Nadu Town and Country PI~nning~ c t 1971, ,
il Nadu Act 35 of 1972), for the City of Madras;
(iii) matters of common interest pertaininpfo the City or hiadras including
~ ~ - ~ r d i n a tspatial
ed planning oi the area, sharing of water and other physical and
fiatural resources, the integrated development of infrastructure and environmentaI
conservation ;
(iv) the overall objectives and priorities set by the Government of India
and the State Government :
(v) the extent and nature of investments likely to be made in the
metroJoIitan area by agencies of the Government of India and of the State Government
and other available resources whether financial or otherwise ;

(4) The Chairperson of thc Metropolitan Planning Committee shall iorwara

e development plan, as recommended by the Committee, to the Stat!: Government. ".
g. For section 28 of the 1919 Act, ths following sectlon shall be substituted,

"2X. Electton oj' i?!avor.-(I) (a) Thc Msyor shall be elected by the persons
bhose names appear in the voters list for the divisions from cmong themselves in
accorda~~ce with such procedure as may be prescribed ;
(b) If at an ordinary or casual election, no Mayor is elected, a fresh election
shall be held :
Provided that a pcrson who stands for election as Ma.yor ;hall not be eligible
to stand for election as a councillor :
Provided further thaR a person who stands for election as a co~incillor shall
not he to staad for election as a Mayor:
provided alao that no councillor shall be eligible to stand lax election as

Gronp) Iv 2 EX (270)-4
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204 TAMIL NADL' GOVERNMENT GAZETTE EXTRAORDINARY

-
(2) The elecuon of the Mayor may be held ordinarily at the sarr.e
times and in the same places as the ordinary elections of the councillors of the
divisions are held.
(3) The term of oilice of the Mayor who is elected at an o r d i d election
shall, save as otherwise expressly provided in, be five years beginning at noon on the
day on which the ordinary vacancy occurs.
(4) )nq casual vacancy in the office of the Mayor shall be filled by a fresh
election and a person elected as Mayor in any such vacancy sball enter upon office
forthwith and hold office only so long as the person in whose place he is elected
would have been entitled to hold office, if the vacancy had nct occurred.

11 (5) Unless the Election -C~mmissioner otherwise directs, no casual

vacancy in the obce of the Mayor shaIl be UI~d=in six months before the date
on which the ordinary elcction of the Mayor under sub-section (1) is due.
(6) The Mayor shall be an ex-ojficio member of the council and shall 11ave
all 'the rights and privileges of an elected councillor of the council.".
Substitution 10. For section 29 of the 1919 Act, the following section shall be substituted,
of section 29.' namely :-
"29. Electio~loj Deputy Mayor.-(1) The Deputy Mayor shall be elected by
'the councillors from among themselves in accordance with such procedure as may be
prescribed.
(2) If at an election held under sub-section (1), no Deputy Mayor is elected,
a fresh election shall be held for electing a Deputy Mayor.
(3) The Deputy Mayor shall hold office for a period of one year from the
date of his election and the Deputy Mayor' shall continue as such Deputy Mayer
until the election of his successor in office provided that in the meantime he;does-not
cease to be a councillor.".
Amendment 11. In s:ction 32 of the 1919 Act,-
of -sectiop 32.
(1) in sub-section (I), for the words " by a councillor chosen by the meeting
I to preside for the occasion ", the expression "the councillors and the persons referred
to in clauses (b), (c) and (d) of sub-section (2) of section 5 shall elect one from
among the courciIlors to preside for the occasion " shall be substituted ;

1
(2) in sub-section (2), for the words " a standing committee ",the words a
standing committee or a Wards Committee " shall be substituted.
Amendment 12. In section 33 of the 1919 Act,-
of section 33.
(1) in sub-section (1), for the words " any standiilg committee", the words "any
standing committee, Wards Committee" shall be substituted;
(2) in sub-section (2), for the words "of a standing committee or", the words "of
a standing committee, Warcs Committee or " shall be substituted.
Amendment of 13. In >ection 34 of the 1919 Act,--
section 34.
(1) in sub-section (I),-
(a) for the worls "No councillor", the expression "Po councillor or persons
referred to in clauses (b), (c) and (d) of sub-section (2) of section 5" shall be
substituted;
(b) after the words "any standing couittee", the words "or Wards CommitteeY
shdl be inserted;
(2) in sub-section (2),for the v~ord" councillor'^ wherever it occurs. the expression
"councillor or persons referred to in clauses (b), (c) and (d) of sub-section (2) of
section 5" shall be substituted ;
(3) in sub-section (31, for the words " Such counciLlor", the &pression "Such
councillor or persons referred to in cIauses (b), (c) and (dj of su6section (2) of
-tion 5" shall be substituted ;
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(4) in sub-section (4), for the word "councillor" in both the p1ac:s where ~toccurs,
' '
the expression "the councillor or persons referred to in clauses (b), (c) and (d) of
sub-section (2) G c t i o n 5 " shall be substituted ;

(5) in sub-section (5), for the words "councillor concerned", the expression, "coun-
cillor concerned or persons concerned referred to in clauses (b).(c) and (d) of sub-
tion (2) of section 5" shall be substituted.
ection 35 of the 1919 Act, after the words" Chairman of a standing committee Amendment of
other committee", the words "or any member or chairman of a Wads Committee" section 35.
all be inserted. ,

. ;,.%>frtt
, In section 38 of the 1919 Act,- ~mencb&ehr~.
of Section
38.
for the words "every standing committee", the words ' every standing
ommittee, Wards Committee" shall be substituted ;
(b) after the words "the Chairman of any Standing Cornmittlee" the words "or
Wards Committee" shall be inserted ;
(2) in sub-section (2), for the words " a standing committee", the words "a standing
committzc or Wards Committee" shall be substituted,
(3) in sub-section (3), for the words "any standing committee", the words "any
standing committee or Wards Committee" shall be substillted.
17. In section 44 of t l ~ e1919 Act, for the words "the standing committee?', the words Amendment
"the standisg committees, Wards Committees" shall be sqbstituted.

18. In section 44-A of the 1919 Act,- Amendment

of section
(1) in the marginal heading the words "or superssde" shall be omitted; 44-A.
(2) for sub-section (1) including the proviso thereunder, the: following sub-sections
shall be substituted, namely :-
1
tr
" (1) If, in the opinion of the State Government, the corpo~iatio~~
is not competent
to perform or persistently makes default in performing the duties!imposed on it by law
or exceeds or abuses its powers, the State Government may, by notification,-
(a) dissolve the !corporation from a'pspecified date ; and

(3) in sub-section (4), after the words "have vacated their offices ", the words
" and the persons referred to in sub-section (2)of section 5 shall cease to he represented
in the council " shall be inserted;
(4) in sub-section (5), -
(a) in the opening portion, for the word " Supersession ", the word "Dis-
solution " shall be substituted ;
1

; (b) in clause (b), for the words "during the period of supersession ",the words
" during the period of dissolution" shall be substituted ;
(c) in clause (c), for the words " during the period of supersession ",the wordr
"during the period of dissolution " shall be substituted;
(5) sub-sect~on(5-A) shall be omitted ;
roup) IV-2 Ex. (270)--4a
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2C 6 TAMIL lJADU GOVERNMENT GAZETTE EXTRAORDINARY

1 - --- . -
(6) sub-sectlon (6) shall be ornltted ;

(7) in sub-sec ion (7), the expression " or sub-swticn (6) " shall be omitted ;
'I

(8) for sub-section (7-A) including the proviso thereunder, the following sub-
section shall be substitutecl., namely :-
" (7-A) All the newly elected councillors of the reconstituted corporation
shall enter upon their offices on the datc fixed for its reconstitution and they shall hold
their offices only for the remainder of the period for which the dissolved corporahon
would have continued under sub-section (1) of section 5-B, had it not been dissolved. " ;
(9) in sub-section (8), t h ~words " or superseded" and the words " or super-
session " shall be omitted.
w e d o n of- 19. Attcr section 44-A of the 1919 Act, the following section sball be inserted, namely:-
new sec-
tion 44-AA.
" +AA. .nele.gat,o~zof ponvr by flte State ~ o v e r n h e n.-~lle
t State Government
may, by notihcat~on, brect that any power exercisable by it under this Act shall,
subject to such conditions, if any, as may be spec'fied in the notification be exercisable by
the corporation or any of its cf3cers or by the Coi..:. 'oner or any other authority. " .
Omission 01 20. Sectlon 44-B of the 1919 Act, shall be omitted.
section
44-B.
Amendment 21. In sectioll 47 of the 1919 Act,-
of section
47.
(1) for sub-section (I), the following sub-section shall be substituted, namely :-
" (1) The electoral roll ot the corporation shall be the same as the electoral roll

of the Tamil Nadu Legislative Assembly prepared and revised in accordance with the
provisions of law for the time being m force in the corporation and shall be deemed to be
the list of voters of thtj corporation for the purposes of this Act and that no amendment,
transposition or deleti n or any entry in the electoral roll of the Tarnil. Nadu Legslatlve
Assembly made after %e !ast date for mahing nominations for election ln the arrporahon
0
and before the not~ficationof the result of such election, shall form part of the list of
voters for such election, tor the purpose of this section. " ;
(2) in sub-secfmn (0, in clause (d), for the words "the State Government ",
$ thf words "the Statc Ekction Cornmission." shall be substituted.

Amendment 22. In section 48 of the'1919 Act,-

of section
4b.
(1) in sub-section (I),-
(a) in the opening portion, for the words " Any person a u t b o r i d in this behalf
by the State Government ", the words " Any officer of the State Government or the
\ corporation authorised in this behalf by the S F Election C o ~ ~ s s i o in
the State Government" shall be substituted;
n Aconsultation with

( b ) in the Explanation, after the expression " disquaiifications specifie:i in Sub-

section (2) of section 47 ", the following shall be inserted, namely :-
" or who is disqualified to be included in such part of the electoral roll for.any
territorial constituency of the 'Tamil Naau Legislative Assembly as relates to that divlslon.";
(2) after sub-section (I). as ?o amended, the following sub-section shall be inserled,
namely' .'-
'bjl'A) Tc mist the person authorised under sub-section (I), the State Election
Coll~rn~ssionn u y employ such persons as it thinks fit. " ; --
I -/-"----

(3) in sub-section (2), for the words " the State Government ", the words " toe

I State Election commlsslon " shall be. ~ubstituted:

_..__ - _._---I%
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23. In section 51 of the 1919 Act,- Amendment

of ~ e ~ t i o n
51.
(1) in sub-section (2), in the second proviso, for the words "the State Government",
the words "the Governor" shall be substituted ;
(2) after sub-section (2),as so amended, the iollow~cgsub-sect~oilshall be inserted,

"(3) Before taking any decision on any such question, the Goverllor saall obtain the
opinion of the State E l e c t ~ o ~ ~ C ~ m m i sasrldo nshall act according to such opir~ion.".

51-C and
51-D.

tion with the

matters, namely : -
(a) summoi~ingand enforcing the attendance of any person and examining
' him on oath ;
(b) requiring the discovery and production of any document or other material
object producible as evidence ;
(c) receiving evidence on affidavits ;
(d) requisitioning any pubiic record or a copy thereof from any court or

(e) issuing co~nmission~

for the examistations of witnesses or documsnts.
(2) The Csrnmissiotl shall also have the power to require any person, subject
to any prtvilege which may be claimed by that person under any law for the time being
, in force, to lurnish information on such points or matters as in the opinion of the
Commission may be useful for, or relevant to, the subject matter of the inquiry.
(3) The Commission shall be deemed to be a civil court and whtn any such offence,
as is described in section 175, section 178, section 179, section 180 or section 228 of the
Indian Penal Code (Central Act XLY of 1560) is committed in the view o r presence of the
Commission, tllc Commission may after recording the facts constituting the offence and
the statement of the accused as provided for in the Code of Criminal Procedure, 1973
(Central Act 2 oi 1974) forward the case ro a magistrate haying jurisdiction to try the
same and the magistrate to whom any such case is forwarded shall proceed to hear the
, complaint against the accused as if the case had been forwarded to him under section
346 of the Code of Criminal Procpdure, 1973. (Central Act 2 of 2974).

. .
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3 08 ! +
U'AMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY .
- , m " " ... . ."
a
,
. ..,---rrun ,*
*,n.-, - lnrrrrrraW1ll,,l.FlllLl,-.""."-."".-
.a

+ , , ~ L I , s I'
(0) 1s ~nurloin reply to rr quetilio~lwhich hc ia requirud by tllo Colllrnissio~~
lo
% , I ernuwole; or

51-C. IJrucrdure lu b~/olluwrdQ LC$&ilg L'lr~~llun LUI~II~JSIUI~.-~~'~~~

Commission shall have the powcr to r c ~ u l a f ~ - * i t ~ 0 ~ 1 1 " " p (includ~ng
r~uro c:
fiiin;: iifj5Iiwcs and times ol it8 sitting and duiding wholhcr to sit ia publio or in privatu).
51-D. lJrolcctiorr I , / clcliotr lulcert in good Jcrillr.-No suil, proscculion or otlior logd
\ pro( 1.i:din~r; bllall tic ; I J ~ : I I I1110
I I I I i
I ~ , $!GI(;
I t
L
01 I ~ I I ~ ~ I I ( ~ O10( I I)udoti,: 1 1 , ~ ~ ~ ~ 01'~ LIW
~ ~ J C C L ~ U J Cornrninpjhp
o I
I
~ i i i ~) l tl ~ i~ ;~o
1
or any person acting undcr
1 is in g ~ o d kith done
ill ~~~ ~ >~f~b ~ ~ i i 0 1 151-A
provi~io~~ti ti ~ C J51-C
or f any order ~ n a d c I i rcirr~tlcr or i l l rcsj,cc,t ol tho to~~dcring
( ol' ur~y upillion by
thc c:ornmission to tlic Governor or in rcvpcct ol' thc publication, by or under the
autlrority of the Cornm~iiion of any such opinion, paper or proceedings.".
Amendmant 25. In section 52 of the 1919 Act, in sub-section (3), for the words "the I'
of askion 52. Sl;l~oG o v o r ~ ~ ~ n lul ~~ ~cword*
", ''Lllc Stuto
- Elcction
,."
Commission"
-,
shall be ---""-
substituted.
i ! 9

AmenUmmt 2G. In seclion 53 ol' the 1919 Act,-

of
section 53.

(I) in sub-section (I), in the opening portion, for the mords "a councillor",
the expression "a councilIor or a person referred to in clauses @), (c) or (d)
of sub-section (2) of siction 5" shall be substituted ;
(2) in sub-scclions (2) and (3), for' the words "the State Government"
whu~r?vcrthcy occl~r, tllc \vol.i,.; "llic State Elcctiorl Commission" shall hc substi-

Substitution 27. For section 53-A of the 1919 Act, the following section shall be substituted,
of new 11a111cly;-
~ d o n
for
section
53-A
:I
' I
"53-A. Oath
ovory pcrson
or a#irmation.-
nominared undcr
(1)
clause (a)
Every councillor
of sub-section (2)
and
of
section 5, before taking his seat, shall make and subscribe at a
meeting of the council an oath or aflirrnation according to the following form,
namely :-
"1, A.B. having been elected as a councillor of
nominated under clause (a) of sub-section
(2) of section 5 as representative in
this council do swear in the name of God
solemnly affirm
that I will bcar truc faith and allegiance to the Constitution of India as by law
ostablislied, that 1 will uphold the sovereignty and integrity of India and that
I will faithfully d:scharge the duty upon which I am about to enter.
(2) If a person sits or votes as a councillor or sits as a representative
nominated under clause (a) of sub-section (2) of section 5 before he has complied
with the requirements of sub-section (1) he shall be liable in respect of each day on
which he sits or votes, as the case may be, to a penaIty of three hundred
rupees to be recovered as arrears of tax under this Act.".

Amendment 28. In section 54 of the 1919 Act, in sub-sections (1) and (2), the expressior,
of section "section 52 or" shall be omitted.
54.
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scrtion
of new
headings
ma new
sections
54-A,
54-Band
54-C.
''DISPUTE? RECtRDING ELECTIONS.
54-A. Election petitions.--(1) No election of a councillor shall be called in
question except by an election petition presented to the Principal Judge, City Civil Court,
~hdras;'Within fifteen days from the date of :he publication of the result of the
election under section 53.

(4) An election petition-

(b) shall, with sufficient particulars, setforth the ground or grounds on

the election is called in question ; and

that on the date of his election a returned candidate was not quals-
disqualified, to be chosen as a councillor under this Act, or

(c) that any nomination paper has been improperly rejected, or

(d) that the result of the election, in so far as it concerns a returned candi-
s been materially affected-
(i) by the improper acceptance of any nomination, or
(ii) by any corrupt practice committed in the interests of the returned candi-
date by a person other than that candidate or his agent or a person acting with the con-
sent of such candidate or agent , or
(iii) by the improper acceptance or refusal of any vote or reception of any
vote which is void, or
(iv) by the non.;ompliance with the provisions of this Act or of any rules or
orders made thereunder,
tne ~ o u shall
n decIare the election of the returned candidate to be void.
(2) If in the opinion of the couqt ,a ret~~rned
candidate has been gililty by an agent
of any corrupt practice, but the court is satisfied -
(a) that no such corrupt practice was committed at tlte election by the
candidate, and every such corrupt practice was committed contrary to the orders, nnd
*bout the consent of the candidate.;
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L
am TAMIL, NADU GOVERNMENT GAZETTE EXTRAORDINARY
-
. . ,.
. I (b) t lat the candidate took all reasonable means for preventing the
.of corrupt practices at the election; and
coazmission
f;;fit -.i'+i.
(c) that in all other respect the election was free from any corrupt practice
_I J 8
on the part of the candidate or any of his agents,
then, the court may decide that the election of the returned candidate is not void
CORRUPT PRACTICES.
I
54-C. Corruptpractices.-The following shall be deemed to be corrupt practices for
the purposes of this Act:-
(1) Bribery as defined in clause (I) of section 123 of the Representation of the
People Act, 1951. (Central Act XLIII of 1951).
(2) Undue influence as defined in clause (2) of the said section.
(3) The s) stematic appeal by I:candidate or his agent or by any other person
to vote or refrain from voting on grounds of caste, race, community or religion or the
use of or appeal to, religious symbols, or the use of or appeal to, national sy~nbolssuch as
the national flag or the natioiltl emblem, for the furtherance of the prospects of that
candidate's election.
(4) Thc publication by n carldidatc or his agent or by any other pcrson of any
statement of fact which is falso, and which he either believes to be false or does not believe to
be true, in relation to the personal character or conduct of any candidate, or in relation
to the candidature, or withdrawal from contest of any candidate being a statement reason-
ably calculzted to prejudice the prospects of that candidate's election.
(5) The hiring or procuring whether on p a y ~ ~ e or
n t otherwise of any vehicle or ves-
sel by a candidate or his agent or by ally other person for the conveyance of any elector (other
than the candidate himself, and the members of his family or his agent) to cr from any
polling station provided in accordance with the rules made under this Act:
Provided that the hiring of a vehicle or vessel by an elector or by several electors
at their joint costs for the purpose of conveying him or them to or from any such polling
station shall not be deemed to be a corrupt practice unde- this clause if the vehicle or vesd
so hired is a vehicle or vessel not propelled by mechanical power:
Provided further that the use of any public transport vehicle or vessel or
way carriage by an elector at his own cost for the purpose of going to or coming from
~uch~pollingstation shall not be deemed to be a corrupt practice under this clause. ,,.
u
Explanation.-In this clause, the expression "vehicle" means any vehicle used or
able of being used for the pur-lose of road transport whether. propelled by mechanical pow
otherwise and whether used for drawing other vehicles or otherwise.
(6) The holding of any meeting in which intoxicating liquors are served.
(7) The issuing of an
election which does not
thereof.

(8) Any other practice which the State Government inay by rules specify to be
corrupt practice.".
Amendment 30 In section 55 of the 1919 Act,
of section (1) in the opening par
55. " T h s t a t e Election Commis
substituted;
(2) The provis? shall be omitted.
Amend meat 31. In section 55-A of the 1919 Act,-
of section
55-A. (:) in sub-section (11,-

(i) for clause (a) including the proviso thereunder, the following clause shall ,
substituted, namely :-
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32. In section 55-B of the 1919 Act, in sub-section (I), fbr the words Amendment
"the Special Officer shall", the expression "the officeror authority referred to in of section
seotion 44-AA, in consultation with the State Election Commission, shall" shall be 55-B.
-.-_"-__------..
^---- - -
33. Section 56 of the 1919 Act shall be omitted. Omission of
section 56.
34. Sestion 56-A of the 1919 Act shall be omitted. Omission of '
section 56-A.
35. In section 58 of the 1919 Act,- Amendment
of section 58. '
i

1
(1) in the marginal heading, the words "and appointment" shall be omitted;
i
(2) the words "or co-options" shall be omitted.
36. In section 59 of the 1919 Act,- Amendment I
of section 59.
(1) in the marginal heading, the words "and co-option" shall be witted;

--

37. After section 162 of the 1919 Act, the following heading and section shall Insertion of
be inserted, namely :- new heading
and new sec-
tion 162-A.
FINANCE COMMISSION,
162-A. Constitution of Finance Commission.-(I) The Finance Commission referred '
\

to in Article 243-1 of the Constitution shall also review the financial position of the
corporation and make recommendations to the Governor as to,---
(a) the principles which, should govern,

IV 2 EX.(270)-5
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LatestLaws.com
TAhqIL NAEU GOVERNhtENT GAZE'i I Z, EXTRAORDINARY

(ii) the determination of the taxes, duties, tolls and fees which may be
assigned to or appropriated by the corporation;
(iii) the grants-in-aid to the corporation from the Consolidated Fund of the
State;
(b) the measures needed to improve the financial position of the corporation ;
(c) any other matter referred to the Finance Commission by the Governor
in the interest of sound finance of the corporation.

Amendment , 38. In section 346 of the 1919 Act, i i ~clause (,!I, for the words "every notification
of section issuedtunr!er this Act", the expression "every notification issued undef sub-section (2) of
348. section 5-A, sub-section (2) of section 6-11 or ullder any other provisions of this ~ c t "'
sball be substituted.
0 ' ' .
Amendment 39. In sectio,~398 of the 1919 Act. in clause (j), for the worcs 'fhe council or the
of section sta*din:r committeew, the words "tile couocil, the stae~dingco~nn~ittee or the Wards
398. Jotnmittee" sllall be substituted.
1 .A
Cnsertion of 40. After se-tion 413 of the 1919 :~ct,the following sections shall beinserted, namely:-
new sections
414,415 and
,416.
I J

I S

,
1
..- 1 ,
.
I t 1 ' ~ : I

>! 8...Ad,,t 1 -,*

*-,-g -*p,.. v??;
. .

- . ... -, .
'-
'(2) Every order made uilder sub-section (I) shall, as soon as possible, after
itrigmade'be'place? oh the table of the Legislative Assembly and if, before the cx&
of the session'i~which it is so placed or the next session, the Assemblv make any .1

raodification in anv such order or the Assembly decides that the order should sot b5
I

r\--
4 '
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LatestLaws.com
-
'El

ti ~ssued,the order shall thereafter have effect only in such nlociii~euior111 or be ci no

&. effect, as the case may be, so, however, that any such mod~ficatior~or am~u~mel~l
p- shall be without prejudice to the validity of anything previously cone under that
order ".
* x

e r X and Addition of new

41. After Schedule VIII to the 1919 Act, the following new ~ c h e d u ~ lX,
*3"
Xl shall be added, namely :- Schedules IX.
dy X and XI.
g
I

" SCHEDULE XX.

(See section 5-A)
I ,
THE NUMBER, NAMES AND AREAS OF VARIOUS
:!b
t Number. Name of the zone. Area of the zone / num6er and ;name of
the division.

1 Kodungaiyur (West).
2 Kodungaiyur (East).
3 Dr. Radhakrishan Nagar (North).
4 Cheriyan Nagar (Nortb).
5 Jeeva Nagar (North).
6 Cherian Nagar (South).
7 Jeeva Nagar (South).
8 Korukkupettai.
9 Mottai Garden.
10 Kumarasamy Nagar (South).
11 Dr. Radhakrishnan Nagar (South)
12 Kumarasamy Nagar (North).
13 Dr. Vijayaraghavalu Nagar.
C% ;
k" ,-
n Z.>n~-Ti-Ragi.n Bridp .. .. 14 Tondiarpet.
15 Sanieevirovanuet.
16 ~ra:e ~ a L d e i
17 Ma. Po. Si. Nagar.
.18 Royapuram.
19 Singaragaxden.
20 Narayanappa Naicken Garden.
21 Old'Washermenpet.
72 Meenakshiammanpet.
23 Kondithope.
24 Seven Wells (North)
25 Amman Koil.
26 MuthiaIpet.
28 Katchaleeswarar ~ a g &
29 Seven Wells (South).
30 Sowcarpet.
31 Basin Bridge.
32 Vysarpadi (South).
33 Vysarpadi (North).
34 Perambur (North).
35 Psrambur (East).
36 Elango ~ & r . '
37 Perambur (South).
38 Thiru-Vi-Ka. Nagar.
39 W ~ d i aNagar.
40 Dr. Sathiyavanimuthu Nagar.
41 Mantbope.
42 Dr. Besant N w r .
.
3 K 1
: I , 43 Peddu ~ a i c k &Street.
&kg,, 44 Perumd Koil Garden.
45 Thattadcutam.
46 Chooki.
47 Park Town.
48 Ehmhant Gate.
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(13 (2)
4. Zone-IV- Ayanavaram .- .. 50 Agaram (North).
51. Sembiam.
52 Siruvallur.
53 Nagamma Ammaiyar Nagar (North).
54 Agaram (South).
55 Viduthalai Guruswamy Nagar. '
56 Ayanavaram.
57 Nagammai Ammai Nagar (South).
58 Panneer Selvam Nagar.
59 Marai Malai Adigal Nagar (North).
60 Marai Malai Adigal Nagar (South).
61 Purasawalkam. :,,,. , ,

5. Zone-V-Periar E.V.R. Hign Road, 64 Villivakkam (South) Circle 1V.

Kilpauk. 65 Virugambakkam (North).
66 Anna Nagar (West).
67 Anna Nagar (Central).
.' 1) I
68 Anna Nagar (East).
69 Shenoy Nagar.
',I 4

, . $ 4 ,
70 Kilpuak (North).
71 Gangadaraeswara Koil.
72 Kilpauk (South).
73 Aminji karai (East).
74 Aminjikarai (Central)
75 Aminjikarai (West).
96 Periyar Nagar (North).
77 Periyar Nagar (South).
78 Nungambakkam.

, . ' ,
6. Zone-VI-Dr. Besant . . .o. .a. .d. .:I+
, ..~ ., Hause, 79 Adikesavapuram:
, . . 80 Nehru Nagar.
,
I
,

0 . I : . . .' , . '
8 1 C hinl adripet.
I

. . . . . .. . ., . . 82 Komaleeswaranpct
. - 83 Balasubramanian Nagar.
. . .. (. ,.> , .
\

')
..?.. . !
!,.#;$.(;;; I ,,.,,!.'I ,.: ,,;!..: , ; , , ! : :
! .

84 Thiruvotreeswaranpettai.
. ~ : , , ~ : ~ : ~ ; ~ ,,.,., ' l . ,..:~ ,' < : , :
;
85 Dr. Natesan Nagar.
86 Chepauk.
.i<;:;(;,;;;::!;!.,;!, . ' :
,
8;?;

87 Zam Bazaar.
. . . . '
I . ; . , . : , l ' ~ , I .

88 Umaru Pulavar Nagar.

(

. , ' ;. , .
,..I
/.'.
8 :."
,
. . . . . . .
::.;. j , ' ! . . ' . . : . . . . . '
89 Thiruvallikeni.
.........
. . .!:.. . . . , .... 9U Merina.
.. 91 Krishnampet.
8.i:-!l,:q ,~~;.~?:i,!:,:::l>r:; ,;!~::.<, , .,
,l;~.;>:l.~': ,. :;;,:: y v , ; ; ; , , .. :,,. .
, b , , ,
92 Bharathi Nagar.
,

,',;!I!: .>;; ,;;;,j;;,! 93 Azad Nagar (North).

j.,,; .,
. ..;* . ./._
94 Bharathi Dasan Nagar.
.%..

. . I , .........: i ..;,,, : , 95 Azad Nagar (South).

96 Vi. -tanandapuram.

102 Kannappar Nagar.

103 Dr. Ambedhkar Nagar.
104 Chetpet.
105 Egmore.
106 Pudupet.
107 KO-su-hhni Nagar.
108 Nakkeerar S a g a .
109 Thousand Lizhts.
I 10 Azhagiri Nsrgar.
1 11 Amir Mahal.
6 12 Royamttah.
113 Tenampet.
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LatestLaws.com

8. Zone-VIII-Kodambakkam .. .. 114 Sathiyamoorthy Nagar. I

11 5 Alwnrpet (North).
116 Alwarpet (South).
' 117 Vadapalani (West).
1 18 Vadapalani (East).
1 19 Kalaivanar Nagar.
120 Navalar Nedunchezhian Nagar (East).
121 Navalar Nedunchezhian Nagar (West).
122 Ashok Nagar.
123 M.G.R. Nagar.
124 Kamaraja Nagar

.9. Zone-IX-Saidapet .. .,. .-. 130 Kodambakkam (North).

131 Kodambakkam (South).
132 Saidapet.
133 Kumaran Nagar ,(North). s ,: fl ,>.;ti *t
134 Kumaran Nagar (South).
135 Saidapet (East).
136 Kalaignar Karunadihi Nagar.
137 V.O,C. Nagar. I , $ I - . , 1 i

138 G.D. Naidu Nagar (East).

139 G.D. Naidu Nagar (West). ,<
140 Guindy (West).
141 Guindy (East).
- 142 Bommannapetttti.
143 Thiruvalluvar Nagar.
. , , ,
1 'b

144 Madhava Perumalpuram.

145 Kar aneeswarapuram.
, 146 Santhome. , I '\>a > *,.
147 Mylapore.
148 Avvai Nagar (North> . . al: ,...--. . t t
, . ..
,."
149 Raja A n n a m a l a i p ~ r ~ .
150 Awai Nagar (South). , I, . ,: $ ' % " :'.: . ;,.;9

151 Adayar (West).

.IS2 Adayar (East). ., : . , : c.,l % . .? i
stf

153 Velachery.
154 Thiruvanmiyur. (West). , I, . - s . i . ,-.
155 Thiruvanmiyur ('hst].
. , > _ I

SCHEDULE X
(See section 6-H)
- POWERS AND FUNCTIONS OF THE WARDS COIVZM1lTEE*. ,.-, ..;.

(2) Call for any report, return, plan, estimate, stateme*, accotlnt or statistics
from the Comnlissioner, connected w ~ t hinatter pertan~ngto the mullicipal adminis-
tr&an ia, the zone.
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216 TAMIL JWDU GOVEKNl'viENT GAZETTE EXTRACiKlJlJhAK X
-- -
(5) Report or advice upon any matter which the corporation may refer to it
under the Act. & L'L.,:2, , Lo ..
(6) Deal with such other matters as may be delegated by the !corporation to the
Wards Committee.,, :"
L&l&@g&-g ;
kg&
(7) In general exerase all such municipal powers and functions of the corpdra-
tion as are to be perfonned exclusively in the zone concerned other than those rdat-
ing to Madras as a whole or involving two or more zones.".

SCHEDULE XI.
I
(See d o n 415)

1. Planning for economic and social development. !'

2. Roads and bridges.
3. Water supply for domestic, industrial and commercial purposes.
4. l b l i c health, sanitation, conservancy and solid waste management.
5. Urban forestry, protection of the environment and promotion of ecological aspects.
6. Safeguarding the interests of weaker t,,pctions
,
of society, including the handicapped and mentally retarded.
pi4uE
7. Slum improvement and upgradatioc.
8. Urban poverty alleviatior. hLL&I'
9. Provision of urban mum-tiesand facilities such as parks, gardens, playgrounds.
10. Promotion of cultural, eduoational and mstheticj*aspects.
11. Burials and burial grounds, cremations, cremation~ground~and~electrjc
crerratorinms.
12. Cattle ponds ; prevention of cruelty to animals:
13, Vital statistics including registration of Births and Deaths.
14. PIIblic amenities including street lighting, parking lots, bus stops and public conveniences.
15. Regulation of slaughter houses and tanneries".

PART 111.
AMENDMENTS TO THE MADURAI CITY MUNICIPAL CORPORATION ACT, 1971,
Amendment, of 42. In section 2 of the Madurai City Municipal Corporation Act. 1971 (herein T
Paotion 2. after in this Part referred to as the 1971 Act),-

(1) clause (11-A) shall be omitted ;

(2) after clause (23,the following clause shall be inserted, namely:-

" (25-A) ' Municipal Area " means the territorial m a of the Municipal
Corporation of Madurai as is notified by the Governor under chusc (d) of Arts*
243-P of the ' Constitution" ;
(3) after clause (41), the following clauses shall be inserted, namely :-

I *
B
-\
'(41-A) 'Satet;-
d e n & to in w o n D
;fhJnmissiea " means the Sutc E
-
--
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LatestLaws.com

tokin section 10-A ;";kj

" (45) " Zone " means a zone referred to in section 5-14. ". I

2-43. Ila section 3 of the 1971 Act, in sub-section (3),-

(1) in clause (b), the word "and " occurring at the end shall be omitted ;

" (bb) the Wards Committee ; and".

44. For section 5 of the 1971 Act, the following new sections $'ball be substi- Substitution of
tured, namely :-d new sections 5,)

I '

. . ..
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LatestLaws.com

(4) Seats shall be reserved for women belonging to the Scheduled Castes
and the Scheduled T~ibes,from among the seats reserved for the persons belonging
to the Scheduled Castes and the Scheduled Tribes, which shall not be less than
onethird of the total number of seats reserved for the persons belonging to the
Scheduled Castes and the Scheduled Tribes.
(5) Seats shall be reserved for women in the council 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 ~chsduled
Tribes) of tlie total number of seats in the council.
(6) The reservation of seats under sub-sections (3) and (4) shall cease to
have effect on the expiration of the period speczed in Article 334 of the
Constitution.
5-A. Dzvbzon 01 City into zones,--(l) The city shall be divided into the
number of zones specified in column (1) of Schedule VIII and each zone shall be
I
k ~ o w nby the name specified in column (2) of that Schedule and each zone shall
extend to the areas comprised in the wards specified against that zone in column (3)
1 of the said Schedule.
(2) The Government may, after consultation with the corporation, from
time to time, by notification, alter the names, increase or diminish the area of any
zone specified in column (3) oi Schedule VIII.
I B . Duration of corporation.--(I) The corporation, unless sooner
dissolved under section 48, shall continue for five years from the date
appointed for its first meeting after each ordinary election and no longer.
(2) An election to constitute the corporation shall be completed-
(a) before the expiry of its duration specified in sub-section (1) ; or

(b) before the expiration of a period' of six months from the date of its
dissolution :
Provided that where the remainder of the period for which the dissolved
corporation would have continued is less than six months, it shall not be necessary
to hold any election under this sub-section for constituting the corporation ior
such period. ".
Amendment of 45. In section 7 of tbe 1971 Act,-6
I section 7,
(1) in sub-section (I),-
(a) for the words " from1 among its members ",the words
"from among its members who is a councillor" shall be substituted ;
(6) after the pr~wiso, the tollowing proviso shall be added, namely:-
" Provided further that in every standing committee, there shall be
one member elected by the members of each Wards Committee from among them-
selves at the first meeting of the Wards Committee, "1
(2) for sub-section (2), the following sub-section shall be substituted,
namely:-
" (2) A member of a standing committee or a Wards Committee,
if he ceases to be a councillor or cease., to represent any of the catego-
ries mentioned in clauses (b) and (c) of sub-section (2) of section 5, shall cease to be
, a member of that committee and his seat shall thereupon become vacant.".

Pnsertion of
new section namely:-
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sections Shall Insertion ok

be i n s ~ t c dnamely
, :-- new headings
and new
sections 10-A
10B, 1-nd
10D.
" THE WARDS COMMITTEES.
10-A. ~onsiztulionof Wards Committee.-(1) For each zone there shall
be a Wards Committee which shall consist of,-

(b) the person, if any, nominated by*theGovernment under clause (a)

of sub-section (2) of section 5 if his name is registered as an elector within the terri-
torial limits. of the zone concerned. '
(2) The Wards Committee shall be deemed to have been constituted
from the date on which the corporation is constituted after each ordinary election.
10-B. Application ojsectzons 7 and 8.-The provisions of sections 7 and 8
shalI apply in relation to the election of Chairman of a Wards Committee as they
apply in relation to the election of Chairman of a standing committee.
10-C. Powers and juncttons oj Wards Cammittee.-(l) Subject to the
provisions of this Act, every Wards Committee shall exercise the powers and perform
the finctions as specified in Schedule IX on behalf of the corporation in relationto

(2) The Governmrnt may, after' consultation with the Corporation, by *+

8*,
notification, amend Schedule TX.
(3) When any question arises as to whether any matter falls within the
purview of a Wards Committee or the corporation, it shall be referred to the 8

' Government and the decision of the Government thereon shall be final.
(4) The procedure to be adopted by the Wards Committee for transaction
of its business shall be such as may be prescribed.
(5) The duration of the Wards Committee shall be co-extensive with
the duration of the corporation.
THE STATE ELECTION COMMISSION.

.
i 'I

49. For sections 29 and i29-A of the 1971 Act, the following section shall be Substitution q2
substituted, namely :- of sections 23

(6) If at an ordinary or casual election. no Mayor is decte:d, a f r ~ eke

h
' tMa shall be beld :
roup 3 IV-2 Ex. (270)--6
 LatestLaws.com
-
- 220 TAMIL NADU GOVERNMEN'I' CiAZbll b biu nnunul~u~n
r

Provided that a person who stands for e W b n as Mayor a i d j not be

eligible to stand f o ~elation as a councillor :
Provided further that a person who stands for election as a coungllor sball
not be eligible to stand tor election as Mayc' :
Prov~aedals? that no councillor shall be eligible to itand for electitxi a$
Mayor
(2) The election of the Mayor may be held ordinarily a t the same times
and in the same places as he ordinary elections of the councillors ot the wards.
are held.
(3) The term of ofrice of the Mayor who is elected at an ordinary eleotion
shall, save as otherwise expressly provided in, be iive years beginning at noon on
the day on which the ordinary vacancy occurs.
(4) Any casual vacancy in the ofice of the Mayor shall be filled by a iresh
election and a person elected as Mayor in any such vaczncy shall enter upon office
forthwith and hold office only so long as the perso J. in whose place he is elected would
have been entitled to hold ofice, if the vacancy had not occurred.
(5) Unless the Srate El~ct&g+-Co~lm~issioner, otherwise directs, no casual
vacancy in the office of t m a y o r shall be filled with~nsix months before the date
on which the ordinary election of the Mayor under sub-section (1) is due.
(6) The Mayor shall be an ex=o#lczo meL '--. of the coun~iland shall
have all the rights and privileges of an elected councillor of the council.

Substitution 50. For sections, 30. 30-P and 31 of the 1971 Act. the tollowlng sections shall
of mlions, be substituted, namely:-
30-A l~nd31.
"30. Election of Deputy Mayor.-(1) The Deputy Mayor shag be elected
by the counciliors from among themselves in accordauce with such procedure as may be
prcscrib~d.
(2) If at an election held under sub-section (I), no Deputy Mayor is
elected, a fresh election shall be held for electing a Deputy Mayor.
(3) The Deputy Mayor shall hold office for a period of one y-
from the date of his election acd he shall continue as sucb Deputy Mayor until
the election of his successor in office, provided that in the meantime he does not
cease to be a councillor.
31. Re-eltg~bilify01 Mayor and Depuly Mayor.-An outgoing Mayor or
Deputy Adayor is eligible for ~e-election."
Amendment 51. In section 33 of the 1971 Act,-
of section 33.
(1) in sub-section (I), for the words "by a councillor t;nosen by the meeting
to preside for the occasion", the expression "the councillors and the persom
referred to in clauses (b), (c) and (d) of sub-section (2) of section 5 shall elect om
from among the councillors to preside forthe occasion9' shall be substituted ;
(2j in sub-section (2), for the words "a standing committee", the words "a
standing committee or a Wards Committee" shall be substituted.

Amendment 52. In section 34 of the 1971 Act,-

of don 34.

(1) in sub-section (I), for the words "any standing committee", tho wor&
"any standing committee, Wards Committee" shall be substituted;
(2) in sub-section f2), for the words "of any stan- -committee orw tb,
words "of any standing committee, Wards (lorramittee or" shall"be sub8bf&&

-
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LatestLaws.com

53. In section 35 of the 1971 Act,-- Amendment

of section 35.
(1) in sub-section (I),-
(a)'for the words "No co*ncillor", the exprbssion" No Cdundlor ?r
$ersons referred to in clauses (b), (c) an'd (d) of sub-s&ti~n '(2)of s&tic)n '5"
shalil be substituted ;

(2) in sub-section (2), for the word "councillor" wherever it occurs, the
exptession "councillor or persons fefekred to in cladses (b), (c) and (d) of sub-section
(2) of section 5" shall be substituted r
(3) in Sub-section (3), for the words "Such councillor", the expression "Such
councillor or persons referred to in clauses (b), (c) and (d) of sub-section (2) of
section 5" shall be substituted ;

. In section 36 of the 1971 Act, after the words "chairman of a standing Amendment
ttee or other committee", the words "or any member or chairman of a Wards of section 3
ittee" shall be inserted.

56. In section 39 of the 1971 Act,--

(1) in sub-section (I),-

(a) for the w ~ r d s"every standing committee", the words "(:very standing
committee, Wards Committee7' sl~all be substituted ;
(b) after the words "the chairman of any standing comraittec:", the words
" or Wards Committee" shall be inserted ;
(2) in sub-section (2), for the words" a standing committee", the words "a
standing committee or Wards Committee" shall be substituted ;
(3) in sub-section (3), for the words "any stanc!ing committee", the words
'.any standing committee or Wards Committee" shall be substituted.".
57. In section 46 of the 1971 Act, for the words "the standing committees", Amendment of
the words "the standing committees, Wards Committees" shall tie substituted. section 46.
58. In section 48 of the 1971 Act,- Amendment of
section 48.
(1) for the margirznl heading, the following marginal hendrtw shall be
substituted, namely :-
"Government's power to dissolve the corporalcon" ;

-(a) dissolve the corporation from a specified date; and

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r <

(b) direct that the corporation be reconstituted with effect from a date
which shall not be later than six months from the date of dissolution.
(1-A) An election to reconstitute the oorporation shall be completed
before the expiration of a period of six months from the date of its dissolution."i
(3) in sub-section (4), after the words "have vacated their offices", the
words "and the persons referred to in sub-section (2) of section 5 shall cease to
be represented in the council" shalt be inserted;
(4) in sub-section (5),-
(a) in the opening portion, for the words "Supersession", the words
"Dissolution" shall be substituted;
(b) in clause (b), for the words "during the period of supersession", the
words "during the period of dissolution" shall be substituted;
(c) in clause (c), for the words "during the period of supersession", the
words "during the period of dissolution " shall be substituted;
(5) sub-section (6) shall be omitted;
(6) in sub-section (7), the expression "or sub-section (6)" shall be omitted;
(7) for sub-scction (S), i~lcludingthe proviso thereunder, the following sub-
section shall be substituted, namely:-
"(8) AI1 tbe newly elected councillors of the reconstituted corporation
shall enter upon thelr offices on the date fixed for its reconstitution and they shall
hold their offices only for the remainder of the period for which the dissolved
c~sporation would have continued under sub-section (1) of section 5-B,had it not
been dissolved.";
(5) sub-section (9) shall be omitted;
(9) in sub-section (lo), the aords "or superseded" and the words "or super-
session" shall be omitted.
Snbgtitution of 59. For section 48-A of the 1971 Act, the following section shall be substituted,
new sectisn 48-A, namely:-
"48-A. Dt legation o j power by Governmen1.-The Government may, by noti-
fication, d rect that any power exercisable by it under this Act shall, subjc~tto
sach conditions, if any, as may be specified in the notification be exerciseble by the
corporation or any of its officers or by the Commissioner or any other authority."
Amenament of 60. In section 51 of the 1971 Act,-
section 51.
(1) for sub-section (I), the following sub-section shall be substituted,
name1y :-
"(1) The electoral roll of the corporation shall be the same as the electoral
roil of the Tamil Nadu Legislative Assembly prepared and revised in accordance
with the provisions of law for the time being in force in the corporation and shall be
deemed to be th :list of voters of the corporation for the purposes of this Act and that
no amendment, transposition or deletion of any entry in the electoral roll
of the Tamil Nadu Legislative Assembly made after the last date for making
nominations for election in the corporation and before the notification of the result
of such election, shall form part of the list of voters for such election, for the
purpose of this section." ;
(21 ~n sub-sectio:?( 6 ) , in clause (tl), for the words "t,~e Governn~ert*. the
r-- -- . - .
worcfs "the State Electio!) Co~l~mission"shall be substituted.
Amendmentof 61. I n section 52 of the 1971 Act,--
section 52.
(1) in sub-section(11,-
(a) ill the openinc? portion, for the worf!s "Any person authorised I,; tius
behalf by the Government", the words "Any officer of the Government or the
noration authorised in this behalf by the _S.ate_Elgction
with the Governtnent" shall be substituted; --- r-.... .-.
Commission, in consultation

- --
 LatestLaws.com

(b) in the Explanation, after the expression "disqualifications ;specified in

sub-section (2) 01 section 51 ", the following shall be inserted, namely:-
"or who is disquaiified ro De incluaea 111 such part of the electoral roll
for any territorial constituency of the Tamil Nadu Legislative Assembly as relates
to that ward ";

-
(2) after sub-section (I), as so amended, the following sub-section shall be
inserted, namely:-
'(1-A) T o assist the person authorised under sub-section (I), the State
Election Commission may employ such persons as it thinks 6t." ; --I-'

(3) in sub-section (2), for the words "the Governnent", the words "the State
E i ( h m m & $ ~ o ~shall
~ " be substituted; _-- 4-

(4) sub-section (3) shall be omitted.

62. In section 55 of the 1971 Act,- Amendment oi
section 55.
(1) in sub-section (I), in the opening portion, the words "or co-option ''
shall be omitted;
(2) in sub-section (2).- iI

to such opinion.".
_
"(3) Before taking any decisicn on any such question, the Governor
_ Election
shall obtain the opinion of the State -
^--"
Commiss~ogand shall act according
_?_ --1----

Insertion of
new sections
55-A, 55-B, 5 5 4
and 55-D,

(a) summoning and enforcing the attendance of any person and examin
mg him on oath:
(6) reauirinp the discovery and.production of any document or other
material oblect producible -IS evidence;

(c) receiving evidence on affidavits;

( d ) requisitioning any public record or a copy thereof from any court

o n sthe exsmination of witnesses or docun~ents.

(e) issuing c o ~ ~ m i s s ~for
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1AMIL NADU GOVE

(3) T& Commission shall be deemed to be a civil court and when any such
oEence, as 1s described in section 175, section 178, cection 179, section 180 or section
228 of the Indian Penal Code (Central Act XLV of 1860) is ccmmitted in the view or
presence of the Commission, the Commission may after recording the facts constitut-
ing the oBence,and the statement of the accused as provided for in the Code of
Criminal Procedure, 1973 (Central Act 2 of 1974) forward the case to a magistrate
having jurisdiction to try the same and the magistrate to whom any such case is
forwarded shall proceed to hear the complaint against the accused as if the case had
been forwarded to him under section 346 of the Code of Criminal Procedure, 1973
(Central Act 2 of 1974).
(4) Any proceeding before the Co~llmissionshall be deemed to be a judicial
proceeding within the meaning of section 193 and section 228 of the Iildiaa Penal
Code (Central A 3 XLV of 1860).
55-B. Stcafenz~,ltmade by persons to the Slate EIection Commission.-No
statement made by a person in the course of giving evidence before the State ~lection
Commi:s$oog shall sub.icct hi111 to, or bc used a&?inst hi111 in, any c i v ~ n criminal
r
I '-
mmlng cxcept 2 prosecution for giving false cvidcncc by such stntcmcnt :
Provided that the statement-
(a) is made in reply to a question which he is required by the Commission to
I
answer I or
(b) is relevant to the subject matter of the inquiry.
I
55-C. Proced~lueto be followed by the Electzon Com_Mzl;rsion,-The
State EIectio~b,,c~&qion shall have the power to regulate its own procedere
w n g the fixing of places and times of its sitting and deciding whether to sit in
public or in private).'!

\
55-D. Protect,,?n of action taken tn good faith.-No suit, .prosecution or
other legal proceedings shall lie against the Sta e C o m s s i o n or any
person acting under the direction of the C o m m e e c t of anything which is
in good faith done or intended to be done in pursuance of the foregoing provisions of
sections 55-A to 55-C or of any order made thereunder or in respect of the tendering
of any opinio~~by the Commission to the Governor or in respect of the publication,
I by or under the authority of the Commission of any such opinion, paper or proceed-
ings.".
Amendment 64. In section 56 of the 1971 Act,-
of section 56. i
(a) the words " or co-option " wherever they occur shall be omitted; f I

(2)' in sub-section (3), for the words " the Government ", the words " the
State Election Commission" shall be substituted.
--*--* #"./
Amendment of 65. In section 57 of the 1971 Act,- !
saction 57,
(1) in sub-secuon (I), in the opening portion, for the words " a counciUor ",
the expression " a councillor or a person referred to in clauses (b), (c) or (d) of sub-
section (2) of section 5 " shall be substituted ; I
t
(2) in sub-section (2), for the words "the Government ", the words "the I
State Election Commission " shall be substituted ;
C

(3) in sub-section (3), the words " or co-opted " occurring in both the * ::+
places shall be omitted. !
Substitution of 66. For section 59 of the 1971 Act, the following section shall be substituted,
new section for namely :-
section 59.
" 59. Oath or affirmation.-(I) Every coyncillor and every person nominated
under clause (a) of sub-section (2) of section 5, before taking hi? seat, shall make
and subscribe at a meeting of the council an oath or affirmation according to the
following form, namelv .-
"I, A. R. having been electert a 7 a councillor of
nominated under clause (a) of r~ih-section
(2) of section 5 as representative in
this touncil do sweat in rhe name of God
that solomnly affirm,
. *. - .
-
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(2) If a person sits or votes as a councillor or slls as a representative noininated

under cInube (a) or suo-scctlon (21 of sectlon 3 ~eforehe has complied
with the requirement of sub-section (i), ile shall be liable in respect of each day on
which he sits or votes, as the case may be, to a penalty of three hundred rupees to be
recovered as arrears of tax under t h ~ sAct."
67. In section 60 of the 1971 Act, in . sub-sections (1) and (2), the expression Amendment ,of
c*sub-section(1) of section 55, section 56 " shall be omitted. section 60.
68. After section 60 of the 1971 Act, the following new headings and new sections Insertion of
shall be inserted, namely :- new headings
and new section
60A, 60-Band
60-C.
DISPUTES REGARDING ELECTIONS,
60-A. Election Pedition5.-(1) No election of a c.ouncillor shall be called in
question except by an election petition presented to the District Judge having juris-
diction within fifteen days from the date of the publication of the result of the election
under section 65.
(2) An election petition calling in question any election may be presented
to under any of the grounds specified in section 60-B by any candidate at such election, .
by any elector of the wards concerned or by any councillor.
(3) A petitioner shall join as respondents to his petition all the candidates
at the election.
(4) An election petition-
(a) shall contain a concise statement of the material facts on which the
petitioner relies ;
(b) shall, with sufficient particulars, set forth the ground or grounds on
which the election is called in question; and
(c) shall be signed by the petitioner and verified in the manner laid down
in the Code of Civil Procedure, 1908 (Central Act V of 1908) for the velification of

60-33. Grounds lor d-zclavirggeiections to be vod-41) Subject to the provisions

of sub-section (2), if the District Judge is of opinion-
(a) that on the date of his election a returned candidate was not qualified
disqualified,to be chosen as a councillor under this Act, or

(c) that any nomination paper has been improperly rejected, or

(d) that the result of the election, in so far as it concern a returned
ndidate, has been materially affected-
(i)lby the improper acceptance of any nomination, or
(ii) by any corrupt practice committed in the interests of he returned
te by a person other than that candidate or his agent or a person acting with the
of such candidate or agent, or I

(iii) by the improper acceptance or ref~~sal

of any vote or reception
of any vote which is void, or
(iv) by the non-compIiance with the provisions 'of ihis Act or of any rules
or orders made thereunder, ,,
the court ghalldeclqr6 the election of rnt: .returned candidateit0 b~cvoid.
Group) IV.2 Ex (270)---7a
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(2) If in the opinion of the district court, a retune

guilty by an agent of any corrupt practice, but the district court 1s
(a) that no such corrupt practice was committed at the election by tho
candidate, and every such corrupt practice was committed contrary to the orders,
and without the consent of ths candidate ;
(b) that the candidat.: took all reasonable means for preventing the
wrf~rl~idor~ of wrmpt prw-tices at the election ; and
( c ) that in all other respect the election was free frorr any compt
prwticc on tka part of the candidate or any of his agents,
then, the court may decide that the election of the returned candidate is not void.
CORRUPT PRACTICES.
60-C. Corrupt practices.-The followin: shall be deemed to be corrupt
practices for the purposes of this Act:-
" (1) Bribery as defined in clause (1) of section 123 of the Representation
of the People Act, 1951 (Central Act XLIll of 1951).
(2) Undue influences as defined in clause (2) of the said section.
(3) The systematic appeal by a candidate or his agent or by any other
person to vote or refrain from voting on grounds of caste, race, community - .
religion or the use of or appeal to, religious symbols, or, the use of or appeal to
national symbols such as the national flag or the national emblem, for the furthe-
rance of the prospects of that candidate's election.
(4) The publication by a candidate or his agent or by any other oerson
of any statement of fact v hich is false , and which he either believes to be false or
does not believe to be true, in relation to the personal character or conduct of any
candidate, or in relation to the candidature, or withdrawal from contest of any
candidate being a statement reasonably calculated to prejudice the prospects of
that candidate's election.
(5) The hiring or procuring whether on payment or otherwise of any
vehicle or vessel by a candidate or his agent or by any other person for the conve-
yance of any elector (other than the candidate himself, and the members of his
family or his agent) to or from any polling station provided in accordance with tho
rules made under this Act :
Provided that the hiring of a vebicle or vessel by an elector or by several
dectors at their joint costs for the purpose of conveying him or them to or for
any such polling station shall not be deemed to be a corrupt practice under this
clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechani-
cal power :
Provided further that the use of any public transport vehicle or vessel or
railway carriage by an elector at his own cost for the purpose of going to or corning
from any such polling station shall not be deemed to be a corrupt practice under
this clause.
Explattation.--In this clause, the expression " vehicles " means any vehicle
used or capable of being used for the purpose of road transport whether propelled
by mechanical power or otherwise and wbether used for drawing other vehicles or
otherwise.
(6) The holding of any meeting in which intoxicating liquors are served.
(7) The issuing of nny circular, placard or poster having a reference to
election which does not bear the name and address of the printer and publisher
thereof.
(8) Any other practice which the Government may, by rules, specjfy to
be a corrupt practice.".
b e n d m e a t of 69. In section 61 of the 1971 Act,-
section 61.
(1) in the opening paragraph, for the words " the d & e Y the mi2;
h&-
words "the, tate., E M o Commission in cohsu1ta'ti'on:viWt 3:. Go+omi&&'t
m y " shall be su s ~ t u t
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70. In section 62 of the 1971 Act,- Amendmart or

section 6 2
(1) in sub-section (I),-
-r r,,rrg-

(i) for clause (a) inclaing the proviso thereunder, the following clause
shall be substituted, namely :-
" (a) Ordinary vacancies in the office of elected councilIors shall be f l e d
- at ordinary elections which shall, subject to the approval of the State Election
Commissio be fixed by the Government to take place on such aays mC&%
' m e ~ o & s before the occurrence of the vacancies as they may think fitt9;

"(3) A councillor elected at a casual election shall enter upon officeforth-

with but shall hold office so long only as the councillor in whose place he is elected
would have been entitled to hold office if the vancancy had not occured.".
71. In section 62-A of the 1971 Act, in sub-section (I),- ~mendment
of section 6 2 0 ~
(1) for the expression "the Special Officer appointed under sub-section (1)
of section 48-A, shall", the expression "the officer or authority referred to in
section 48-A, in consultation with the State Election Commission, shall " shall be
substituted ;
--a, [
(2) the proviso shall be omitted. t
t

72. Section 63 of the 1971 Act si~ai'lbe omitted. Omission of ]

section 63.
73. ~ectibn64 of the 1971 Act shall be omitted. Omission of
section 64.
74. In section 65 of the 1971 Act,- Amendment
of section 65.
(1) in the murgtnaf heading, the words "and co-options" shall be omitted;
(2) the words "or co-options " shall be omitted.
75. In section 66 of the 1971 Act,- Amendment

"(a) *rovidC for t h adjudication

~ by the district judge havidg jurisdiction
disputes arising out of elect~ons; and ".
.$d

new heading
new 4
..
,.ieuth 1934.
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22.8 TAMlI; NADU GOVEKNMEh'l ~ A uLx a L;A 1 l\r\v L.YIL I L LA. A

-- --- -- -- - - . $ II
"FINANCE COMMISSION.

6-2 193-A. Co~wtitukon of F l i ~ i c eCoiizrni~sioi~.-(1) The Finance ~~~~~~~i, 3

referred to in Article 243-1 of the Constitution shall also review tile financial
position of the corporation and make rzcommendations to the Governor as to,- %
J
(a) the principles which s5ould govern,-
(i) the dis:ributioa between the State Government and the corpo,.
t i ~ nof the net proceeds of the taxes, duties, tolls and fees leviable by the State
Government which may be divided between them and the allocation between the
corpora~ions of their respective shares of such proceeds ;
(ii) the determination of the taxes, duties, tolls and fees which may be
assigned to or appropria:ed by the corporation ;
(iii) the grants-in -aid to the corporation from the Consolidated Fund
of the State g
@) the measures needed to improve the financial position of the
corporation ;
(c) any other matter referred to the Finance Commission by the Governor
in the interest of sound finance of the corporation.
1,
(2) The Governor shall cause every recommendation made by the
Commission under this section together with an explanatory memorandum as
t o the action taken thereon to be laid before the Tamil Nadu Legislative Assembly.".
Amendment 77. In section 432 of the 1971 Act, in sub-section (2), for the words "every
of section 432. notification issued under this Act", the expression "every notification issued
under sub-section (2) of section 5-A, sub-section (2) of section 10-C or under any
other provisions of this Act" shall be substituted.
Amendment of 78. In section 491 of the 1971Act, in clause(j), for the words "the council or the
section 491. standing committee", the words "the council, the standing committee or the Wards
Committee" shall be substituted.
Insertion of 79. After section 510 of the 1971 Act, the following sections shall be inserted,
new sections, namely :-
510-A,510-B
and 5104.
510-A. Transitory provisioiz.-(I) Notwithstanding anything contained
in this Act, or in any other law for the tiine being in force, the Government may,
by notification, if necessary, appoint a Special Officer to exercise the powers and
discharge the functions of the corporation until the day on which the first meeting
men*
of the council is held after ordinary elections to the corporation after the a):)
ment of the Tamil Nadu Municipal Corporation Laws (Amendment and Special
Provision) Act, 1994.
(2) The kpecial Officer appointed under sub-section (1) shall hold office
only for six months from the date of the co~nrnercementof the Tamil Nadu Muni-
cipal Corporation Laws (An~el~dnlent and Special Provision) AcL, 1994 and n o
i~nga.
510-B. Powel 3, nu~hority and respo~sibilitiesof tlte Munic pal Corporation,
standing comnzitters, etc.- Save as otherwise provided in this Act, the Govern-
ment may, by notification afid su~jectto such conditions acd restrictions as niay be
specified therein, entrust to the corporatior, the standing committees, Wards Com-
mittees or any other con~rr~ittee
constituted under this Act, with such powers and res-
ponsibilities with respect to the prenaratior of plans for economic development
and social justice and also wit11 such powers and authority as may be n e c e s s b
to enable their. to carry out the res2onsibiIities conferre3 upon them including
those .in relation to the nlatters listed in Schedule-X.
. . , L

51SC. Power to temove dv@culiies.-(1) If any difEculty arises in giving

, effect-to the provisions of this Act, as amended by the Tamil Nadu Municipal C o p
potation Laws (Amendment and Special Provision) Act, 1994, . the G 0 ~ 6 c n t .
mav. by an order pubkhed in the Tamil N ~ Government I Gazette, make sucb
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RAORDINARY
--
amended by the
ipecial Provision)
ving the difficulty:
Provided that no such order shall be made after the expiry of tmo years from
the date of commencement of the Tamil Nadu Municipal Corpol-ation Laws
(Amendment and Special Provision) Act, 1994.
(2) Every order made ucder sub-section (I), shall, as :soon as possible,
after it is made, be placed on the table of the Legislative Asseml9l~and if, before
the expiryrof the session in which it is so placed or the next session, the Assembly
makes any in any such order or the Assembly decides that the order
should. ndt be made, the order shall thereafter have effect only in such modified
fern or be of no effect, as the case may be, so. nowever, that any :iuch modifi-
cation or annulment shall be without prejudice to the valiliity of anything
previously done under that order.". I
I
I
I
I
80. After Schedule VII to the 1971 Act, the following ~chedufcsshall be added, Addition of '
new
Schedules
m,M
and X.
''SCHEDULE-VIII.
(See section 5-A.)

THE NUMBER, NAMES AND AREAS OF VARIOUS ZONES.

Name of Zone. Area of the zone / Number and name
of the ward.

(3)
Zone I .L - 1. Vilangudi
2. Bibikulam
3. Lourdhu Nagar
4. Karpaga Nagar
5. Pudur
6. K. K. Nagar
7. Arignar Anna Nagar
8. Sathamangalam
9. Madhichiam
10. Alwarpuram
Zone I1 .. 11. Tallakulam
12. Reserve Line
13. Chockikulam
14. Narimedu
15. Gdripalayam
16. Sellur
17. Panthalkudi
18. Ahimsapuram
19. Meenambalpuram
20. Kailasapuram
Zone I11 . , - 21. Thathaneri
22. Ponnagaram
23. Krishnspalayam
24. Alagaradi
/
25. Arapalayam
26. Viswasapuri
27. Melaponnagaram
28. S. S. Colony
29. Ellisnagar
30. Railway Colony
 LatestLaws.com

(See section 5-A)-cont.

38. Jadamuni Koil

39. South Krishnan Koil
40. Kazimar Street
Z9.e ..*
.. 41. Suqdaraza~apuram
42. Subrama~l~apuram
43. Sappani Koil
44. Manjankara
45. Throupathi Amman Koil
46. Mahal
47. Lakshmipuram
48. Swami Sannadhi
49. Ismailpursm
50, S~u:astya High School
Zone VI - ... 51. Pankaja Colony
52. Mariamman Teppakulam
53. Annuppanadi
54. Navarathinapuram
55. Balarengapuram
56. Kamarajapuram
57, Saint Mary's
58. Keeraithurai
59. Villapuram
60. Solai Alagupuram
7 Lone V1I .. ... 61. ~aihindp'uram
62. Veerakaliamman Koil
63. Thennagaram
64. Kovalan Nagar
65. T. V. S. Nagar
66. Muthuramalingam
67. Madakulam
68. 'Palanganatham
69. Ponmeni
70. Arasaradi Othakadai
(Theni Road included),
71. Bethaniapuram
72. Kochadai
SCHEDULE-IX.
(See section 10-C.)
POWERS AND FUNCTIONS OF THE WARDS 'COMMITmE.
(1) Sanction estimates and plans for municipal works to be carried our within.
the zone costing up to rupees five lakhs, other than works taken up and executed for .
Madurai as a whole or those covering more than one zone, provided that cpacific
provision exists therdor in the budget sanctioned by the corporation.
(2) Call for any report, return, plan, estimate, statement, account or sutistia.
from the Commissioner, connected with matter pertaining to the municipal a&.
stration in the zone.
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i TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 231

(3) Scrutinize montlily sratements of receipts and disbursements and oi the

progress reports in the collection of revenue in the zone.
(4) Consider and make recommendations on the proposals regarding estimates
of revenue and expenditure pertaining to the zone under different heads of account
of the budget before being forwarded to the Commissioner.
(5) Report or advice upon any matter which the corporation may refer to it
under the Act.
).
$$ (6) Deal with such other matters as may be delegated by the corporation to
I the Wards Committee.
(71
,-, In
- eeneral exercise all s&h munici~afDowers and functions of the corpora-
tion as are & be performed exclusively in the z6ne concerned other than those reiating
to Madurai as a whole or involving two or more zones. t.'!
. -i .

SCHEDULE X.
(See section 510-B.) i

5 1. Planning for economic and social development. .?*:Ic,eir&

T

4
%
2. Roads and bridges. A

i"
J*
F. 3. Water supply for domestic, industrial and commercial purposes.
..
, > ,
G %S

" 4. Public health, sanitation, conservancy and solid waste .management.

2, .
r I.

5, Urban-forestry, protection of the environment and promotion of ecological

:;,;
a
,
amtcts. ' 1 , f

.6. Safeguarding the interests of weaker sections of society, including the handi-
capped and mentally retarded.
--
, 7. Slum improvement and upgradation.
8. Urban poverty alleviation.
9. Provisioil of urban amenities and facilities such as parks, gardens, play-

0. Promotion of cultural, educational and aesthetic aspects.

11. Burials and burial grounds, cremations, cremation grounds and , -*.-$
.='J

,., ,,ic crematoriums. ; t.?

:x %
,

12. Cattle ponds ; prevention of cruelty to animals, 3 , $fl

a j~

13. Vital statistics including registration of Births and Deaths.

, 14. Public amenities including street lighting, parkin2 Iots, bus stops and pliblic
F conveniences.
fi

15. Regulation of slaughter houses and tanneries.".

E"
E ~ PA RT-IV.
AMENDMENTS TO THE COIMBATORE CITY MUNICIPAL
CORPORATION ACT, 1981.
81. In section 2 of the Coimbatorc City Municipal Corporation ~ c t 1981
, A men(
hereinafter in this Part referred to as the 1981 Act),-- seci
(1) clause (12-A) sha?l be ornittecl ;
: U) after ulause (251, the followins clause shall bz fti~ierrad, namely 1-

.(A &our ) ' I v -Ex.

~ (270)--8
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-(25-~) ''Municipal area" n;ear;s the temitorial area of the Municipal

Co oration of Coimbatore as is notified by the Governor under clause (d)
of L c l e 243-S? of the Constitution f' ;

(3) after clause (41), the following clauses shall be inserted, namely :-
"(41-A) ''Stat,; Election Commission" means the State Election Comm is-
sion referred to in section 10-D ;

(4) after clause (42), the following clause shall be inserted, namely :-
" (42-A) c' Wards Conzmittee" means the Wards C o w ittee referred to in
8cction 10-A; ";
(5) after clausc(44), thc following clause shall be added, namely :-
"(45) "Zone1' me; n s a zone referred to in section 5-A.".

Amendment of 82. In section 3 of the 1981 Act, in sub-Section(3),--

saction 3.
(1) in clause (b), the word "and '' occurring at the end shall be omitted ;
(2) after clause (b) ,as so amended ,the following clause shall be inserted.
namely :-
"(bb) the Wards Committee ; a d " .
Substitution 83. For section 5 of the 1981 Act, the following sections shall he substituted,
of new sectious namely :-
5, SA and 513 .
for section 5. .'5. Const;tutlon of lhe couacil.-(1) The council shall consist of seventy-two
councillors elected in the manner laid down in this Act.
(2) The following persons shall also be represented in the council,
namely :-
(a) five persons who are not less than twenty-five .years of age ' and
who have special knowledge or experience in municipal admlnutration, to be
now inated by the Governnen t :
Provided that tl e person no~linatedunder this clause shall: not have the
right to vote in the n-eetints of the council ;
( b ) the members of t!;e House of the People representing constituen-
cies whicll comprise wholly or partly the area of the corporation and themembers
of the Council of States registered as electors within the area o f the corporation ;
(c) asnearly as possible one-fifth of the membtrs of the Tan>il Nadu
Legislative Assembly representing constituencies which comprise wholly or
partly the area of the corporation to be nomirated by the Speaker of the
Legislative Assembly by rotation every year :
Provic'.ed that while nomirating such members by rotation, the
Speaker of the Legislative Assenlbly shall ensure that as far as possible all the
members represecting constituencies which comprise wholly or partly the
of the corporation are given an opportunity of being represented in the council
atleast once during the c!uration of the council ;
(d) the Chairpersons of the Committees; if any, constituted under
sections 6 and 10, if they are not councillors.
(3) Seats shall be reserved for the persons belonging to the Scheduled
Castes ant the Schedulec! Tribes in the council and the number of seats so
reserved shall bear, as nearly as may be, the same proportion to the total
r,crr,ber of seats to be Pllec' by direct election in the council as the population
at the Scheduled Castes in the City or of the Scheduled Tribes in that City ,
bears to the total population of the City :

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(4) Seats shall be reserve? for wonen belonging to the Scheduled
castes and the Scheduled Tribes, from among the seats reserved for the persons
belonging to the Schec'uled Castes and Scheduled Tribes, which shall not be
less than one-third of the total number of seats reserved for the persons belonging
to the Scheduled Castes and the Scheduled Tribes.
'(5) Seats shall be reserved for women inthe council and the number of seats
reserved for women shall not be less than one-third (inclsding the number of seats
reserved for women belonging to the Scheduled Castes and the Scheduled Tribes)
of the tota 7 number of seats in the council.
(6) The reservation of seats under sub-sections (3) and (4) shall cease to
have effect on the expiration of the period specified in Article 334 of the Consti-

(2) The Government may, after consultation with the corporation, from
time to time, by notification, alter the names, increase or diminish the area of any
zone specified in column (3) of Schedule VIII.
5-B. Duratlot~of couporatrun.-(1) The corporation, unless sooner dis-
solved under section 50, shall continue for five years from the dale appointed for
~ r sfirst meeting ?.fie1 each ordinary election and no longer.
(2) An election to constitute the corporation shall b e c:ompleted-
(a) before the expiry of its duration specified in sub-section (I) ;or
(b) before the expiration of a period of six months from the date of
its dissolution :
Provided that where the remainder of the period for wh~chthe dissolved
corporation would have continued is less than six months, it shaI1 not be necessary
to hold any election under this sub-section for constituting the corporation
for such period.".
84. In section 7 of the 1981 Act,- Amendment
of
(1) in sub-section (I),- section 7.

(2) for sub-section (2), the iollowing sub-section shall be substituted, namely:-

"(2) member of a standing committee or a Wards Committee, it he ceases

to be a councillor or ceases to represent any of the categories mentioned in clauses
(b) and (c) of sub-section (2) of section 5 shall, cease to be a member of that committee
and his seat shall thereupon become vacant.".
85. After section 9 of the 1981 Act, the iollowing scction shall be inserted, Insertron of
new section
9-A.

G~OUP) I V : Ex
~ 270--8a
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TAMIL NAZU GOVERNMENT GAZETTE EXTRAORDINARY

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ilprclruol, of 86. AIM section 10 of the 1981 Act, the tollowiog headings and sectiorts s
hd
n i e w ~b C i z l m a l , d y : -

"THE WARDS COMMI'ITEES.

10-A. .Cons~itutionof War& Commitlee.-41) For each zone there shall be
a Wards Committee which shall consist of,-
(a) aU the councillors elected from the divisions comprised in that zone ;
and
(6) the person, if any, nominated by the Government under clause (a)
of sub-section (2) of section 5, if his name is registered as an elector within the
territorial limits of the zone concerned.
(2) The Wards Committee shall be deemed to have been constituted from
the date on which the corporation is constituted after each ordinary election.
1043. Application o f sections 7 and 8.-The provisions of sections 7 and 8
s h a apply in relation to tbe election of Chairman of a Wards Committee as they
apply in relation to the election of Chairman of a standing committee.
10-C. Powers and functions of Wards Cummitree.-41) Subject to the pro-
visions of this Act, every Wards Committee shall exercise the powers and perform
the functions as specified in Schedule M on behalf of the corporation in relation to
that zone.
(2) The Government may, after consultation with the corporation, by
notification, amend Schedule IX,
(3) When any question arises as to whether zny matter falls within the
purview of a Wards committee or the corporation, it shall be referred to the
Government and the decision of the Government thereon shall be final.
(4) The prooedurc to be edopled by the Wards Committee for transaction
of its business sball be sucb as may be prescribed
(5) The dur.l.tion of the Wards Committee sball be co.extcnsive with the
duration of tbe corporation.
THE STATE ELECTION COMMISSION.
10-D.Electiom to corporatzon.-(1) The superintendence, ditection and
control of the preparation of electoral rolls for, and the conduct of, all elections
to the corporation shall be vested in the St.z&- Elk$Jo_n_-Commission consisting of
aw e FlFplmis-er to be appointed by the s u n d e r Article
243-K o t e Constitution.
, (2) The Governor shall, when so requested by the State Election Comm-
ission make available to the State Election Commission such staff as may be ne-
cessary for the discharge of the functions conferred on the State Election Commission
by sub-sec:ion (1 I.".
Amendment 01, 87. In section 27 of the 1981 Act, for the words "the proceedings of a standing
section 27. committee", the words ''the proceedings of a standing committee or a Wards
Committee" shall be substituted.
Substitution . 88. For section 29 of the 1981 Act, the following section shall be substituted,
of section:29. namely :-
"29. Election of Mayor.--(1) (a) The Mayor shall be elected by the persons
whose names appear in the voters list for the divisions from among themselves in
accordance with such procedure as may be prescribed:

(h) If at an ordinary or casual election, no Mayor is eIected, a fresh

election shall be held:
Provided that a person who stands for e1ect;on as Mayor shall not be
v % eligible to stand for election as a councillor :
Provided further that c? person who stands for election as a councilior shall
nnt he eligible to stand for elect~onas Mayor:

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(3) The term of office of the Mayor who is elected at im o~dinaryelection

shall, save as otherwise expressly provided be five years bel;inning at noon on
the day on which the ordinary vacancy occurs.

(2) If at an election held underi sub-section (I), no Deputy Mayor is elected,

a fresh election shall be held for electing a Deputy Mayor.
(3) The Deputy Mayor shall hold officefor a period of one year from the
date of his election and he shall continue as such Deputy Mayor until the election
of his successor in office, provided that in the meantim he does not cease to be a
councillor." .
90. Section 31 of the 1981 Act shall be omitted. Omission of
sacdon 3.
91. For section 32 of the 1981 Act, the following section shall be substituted, Substitution of
namely:- section 32.
"32. Re-eligibihty of Mayor and Deputy Mayor.-An out going Mayor
or Deputy Mayor is eligible for re-election." .
92. In section 34 of the 1981 Act.- Amendment of
(1) in sub-section ( 1 ) , for the words "by a councillor chosen by the s-ion 34,
lneeting to preside for the dccasion", the expression "the councillors
and the persons referred to in clauses ( b ) ,(c) ancl ( d ) of sub-section
(2) of section 5 shall elect one froin among the councillors to preside for
the occasion" shall be substituted ;
(2) in sub-section (2), for the words #'a standing committee", the words 'ca
I
standing committee or a Wards Committee" shall be substituted.
93. Ir, section 35 of the 1981 Act,-
ub-section ( I ) , for the words "any standing cornrrittee", the words
standing committee, Wards Committee" shall be substituted;

(1) in sub-section (I),-

(a) for the words "No councillor", the expression "No councillor or persons
referred to in clauses (b), (c) and ( d ) of sub-section (2) of section 5" shall
be substituted ;
(b) after the words "any standing committee", the words "or Wards C~mmittee"

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236 ' TAMIL NADU GOVERNMENT GAZETTE EXTRAOKU~NAKX
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(2) in sub-section ( 2 ) , for the word "councillor" wherever it occurs, the expres- - f
sion "coua~illoror persoiis referred to in clauses ( b ) ,(c) and ( d ) of sub-
section (2) of section 5" shall be substituted ; i.
r ?

(3) in sub-section (3), for the words "such c~nncillor'~, the expression"'such
councillor or persons referred to in clauses ( b ) ,(c) and ( d ) of sub-section
(2) of section
, .
5'' shall be substituted ;
(4) in sub-section (41, for the word "councillor" in both the places where it
occurs, the expression "councillor or persons referred to in clauses (b), (c2
and ( d ) of sub-section (2) of section 5" shall be substituted.
in sub-section ( 5 ) , for the words "cocncillor concerned ', the expression
(5'bcouncillor concerned or persons concerned referred to in clauses ( ), (c)
and ( d ) of sub-section (2) of section 5" shall be substituted.
~ m e n d m e not
t 95. I n section 37 of the 1981 Act, after the words "Chairman of a standing
committee or other conlmittee", the words "or any member or Chairman of a
I
I
section 37.
Wards Oommittee*' shall be inserted.
Amendment of 96. In section 38 of the 1981 Act, for the words "standing committee", the words
I section 38. "stanaing committee or Wards Committee" shall be substituted.
~ m e d m e n tof 97. Tn section 40 of the 1981 Act, -
section 40.
(1) in sub-section (11,-
(a) for the words "every standing committee", the words "every standing
con~n~itte:,Wards Conlaittee ' shall be substituted;
(b) after the words "the Chairman of any standing conmittee", the words "or
Warc!s Comn;ittee" shzll be inserted ;
(2) in sub-section (2), for the words, "standing committee" in both the places
where they occur, the words "standing conmittee or Wards Committee" shall
be substituted.
~mendmentof 98. In section 48 of the 1981 Act, for the words "the standing conmittee", the
section 48. words "the standing committees, Wards Committees" shall be substituted.
A rnendment of 99. In section 50 of the 1981 Act-
section 50.
(1) tor tne marginal heading, the following marginal heading shall be subs&
tuted, nair.ely :-
"Government's power to dissolve the Corporation".
(2) for sub-section (1) including the provi~o thereunder, the following sub-
section shall be substituted, namely :-
"(1) If, in the opinion of the Government, the corporation is not con,,dena
to perform or persistectly makes default in performing the duties imposd
on it by law, or exceeds or abuses its powers, the Government may,
by n otificatjon,-
(a) dissolve the corporation trom a specified date ;and

(b) direct that the corporation be reconstituted with effect from a dam
which shall not be later than six months from the date of dissolution.
(I-A) An election to reconstitute the corporation shall be completed
before the expiration of a period of six months from the date of its dissolution. ";
(3) Ir, sub-section (4), after the words "have vacated their offices", the
expression " and the Fersons reicr~ecfto in sub-section (2) of section 5 shall cease
to be represented in rhe council " .shall be inserted ;
(4) in sub:seclion (5),--
(a,, in the opening portion, for the word " Su persession", tbe wall '*
Di-aofut~on" ishidl be substituted ;
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(c) in clause (c), for the words " during the period of supersession ",the
words " during the period of dissolution" shall be substituted ;
(5) sub-section (6) shall be omitted ;
(6) in sub-section (7), the expression " or sub-section (6) " shall be omitted ;
(7) for sub-section (8) including the proviso thereunder, the following sub-
section shall be substituted, namely :-

(8) sub-section (9) shall be omitted ;

(9) in sub-section (lo), the words " or superseded " and the words "or
supersession " shall be omitted. L

section 53 of the 1981 Act,-

for sub-section of (I), the following sub-section shall be substituted,

(2) in sub-section (6), in clause (d), for the words "the Gove:mment ", the
"the State Election
r-...a-.m
Commission" shall be ~ubstituted.
.".,----.---
102. In section 54 of the 1981 Act,- Amendmenu: of
section 54.
(1) in sub-section (I),--
(a) in the opening portion, for tne words " Any person authorised in this
behalf by the Government ", the words " Any officer of the Goven~mentor the
ation with the Government" shall bt substituted %
;
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corporation authorised in this behalf by the-State Election Commisdon, in consult- I
(b) in the E.~planation, after the expression "disqualifications specified
in sub-section (2) of section 53 ", the following shall be inserted, namely :-

(3) in sub-section (2), for the words "the Government7', thtl words "tho
Sta@h.Elqtion Coumi$oni' shall be substituted ;
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(4) sub-section (3) shall be omitted. jb
Amendment of 103. In section 57 of the 1981 Act,-
d o n 57.
(1) in sub-section (I), in the opening portion, the words "or co-optioh '
shall be omitted;
(2) in sub-section (2),-
(a) the words "or co-option" occurring in both the places shall be omitted ;
(b) for the words "the Government ", the words " th? Governor''
shall be substituted ;
(3) after sub-section (2), as so amended, the tollowing sub-section shall be
inserted, namely :-
"(3) Betore taking any decision on any such question, the Governor
shall obtain the opiuon of the State Election Commission and shall act according
to such opinion.".

Insertion of new 104. After section 57 ot the 1981 Act, the following sections shall be inserted,
sections 57-A, nemely :-
57:B;. 8 57 -C
a d 57-D; ' , "57-A. Powers of -(I) Where in connection with
the tendering of any opi r sub-section (3) of section 57,
the State Election
inquiry- rc Q ~ Q ~ considers
E it necessary or proper to malq an
ommission is satisfied that on the basis of the afltidavits filed
and the documents produced in such inquiry by the parties concerned of their
own accord, it cannot come to a decisive opinion on the matter which is being
inquired into, the Cominission shall have, lor the purpose of such inquiry, the
powers of a civil court, while trying a suit under the Code of Civil Procedure,
1908 (Central Act V of 1908) in respect of the following matters, namely :-
(a) summoning and enforcing the attendance of any person and
examining him on oath ;
(b) requiring the discovery and production of any document or other
material object producible as evidence ;
(c) receiving evidence on afFjdavibs ;
(d) requisitioning any public record or a copy thereof from any
court or office ;
(e) issuing ,-3mmissions ior rhe examination ot witnesses or dacuments.
(2) The Commission shall also have the power to require any person,
subject to any privilege which may be claimed by that person under any law
for the time being in force, to furnish information on such points or matters
as in the opinion of the Commission may be useful for, or relevant to, the subject
matter of the inquiry.

(3) The Commission stall be deemed to be a civil court and when my

such oftence, as is described in section 175, section 178, section 179, section 180
or section 228 of the Indian Penal Code (Central Act XLV of 1860) is committed
in the view or presence of the Commission, the Commission may, after recording
the facts constituting the offence and the statement of the accused as provided
for in the Code of Criminrrl Procedure, 1973 (Central Act 2 of 1974) forward
the case to a niagistrate having jurisdiction to By the same and the magistrate
to whom any such case is fonvarded shall proceed to hear the complaint
against the accused as ii the case had been forwarded to him under section 346
of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
(4) Any proceeding beiore the Commissi,*n shall be deemed to be a judicial
proceeding within the meaning of section 193 and section 228 of the India
P a d Code (Central Act XLV of 1860).
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provided that the shlFiiient- 7" * 4 ,I!?{

-.
(a) is made in reply to a question which he is required by the Commis-

(6) is relevant to the subject matter of the inquiry.

followed by the S S a ~ l g t -C~~i&on.-Tha
~ & ~
shall have the power to regulate 16 own procedure
s and times of its sitting and deciding whe!her to sit in
I

57-D. ProtectLon of'uc:iolz taken in good futtlz-No suit, prosecution or

other legal proceedings shall lie against theI&t_e&leQion Commissiou or any person
acting under the direction of the Comxnisslon in respect of anything which is in
I
good faith done or intended to be dona in pursuance of the foregoing provisions
of sections 57-A to 57-C or of any order made thereunder or in respect of the
tenderi~gof any opinion by the Colnmission to the Governor or in respect of the
publication, by or under the authority of the Commission of any such opinion,
paper or proceedings.".
105. 1n section 58 of the 1981 Act- Amendment
of section 58.
(1) in sub-section (I), thc words "or co-option" shall be omitted ;
(2) in sub-section (2), tho words "or co-option" shall be omitted ;, ,

(4) in suh-section (4), for the words "the Government", the words "the
State Election. S S o ~ i s s i o n shall
4-@--P**lu INI " be substituted.
106. In section 59 of the 1981 Act,-

(2) in sub-section (2), for the words "the Government". tile words
State Election Commission" shall be substituted ;
" the I
(3) in sub-section (3), the words "or co-opted" occurring in both the places
shall be omitted. r?

Efor section 61.

"I, A. 23. having been efected a.5 a councillor of

this council do swear 271 tlze name of God

soJcmn1y affirm
bear true faith and allegianca to the Constitution of India as by law
. that I will uphold the sovereignty and integrity of'India and that
fully d;scharge the duty upon which I am about to & X L ~ B ~ B ~
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Amendment of 108. In section 62 of the 1981 Act, in sub-sections (1) and (2), the expression
section 62. "sub-section (1) of section 57, section 58" shall be omitted.

Insertion of 109. After section 62 of the 1981 Act, the following headings and sections
new headings shall be inserted, namely :-
and new
sections 624,
62-B and 62-C
after section 62.
"DISPUTESREGAXDrNG ELECTIONS.
62-A. Election petitions.-(1) No election of a councillor shall be called
in question except by an election petition presented to the District Judge having
juris&ction within fifteen days from the date of the publication of the result of the
election under section 67.

(3) Apetitioner shall join as sspondents to his petition all the candidates
ut the election.
(4) An election petition-
(a) shall contain a concise statement of the material facts on which the
petitioner relies ;
(b) shall, wit! sufficient particulars, set forth the ground or gourds on
which the election is called in question; and
(c) shall be signed by the petitioner and verified in the manner laid down
in the Code of Civil Procedure, 1908 (Central Act V of 1908), for the verification
of pleadings.
62-8. Ground for declannl: eltcrio)ts to be void.-41) Subject to the pro-
visions of sub-section (2), if the District Judge is of opinion-
(a) that on the date of his election a returned candidate was not qualified
:' or was disqualified, to be chosen as a councillor under this Act, or

(b) that any corrupt practice has been committed by a returned candi-
-
date or his agent or by any other person with the consent of a returned candidate
or his agent, or
(c) that any nomination paper has been improperly rejected, or
(d) that the result of the election , in so far as it concerns a returned
c+ndidate, has been materially affected-
(i) by rne improper acceptance of any nomination, or

(ii) by any corrupt practice committed in the interests of the returned

candidate by a person other than that candidate or his agent or a person actjag with
the consent of such candidate or agent, or
( i l ~ ) by the improper accertance or refusal of any vote or reception of
any vote which is void.
(iv) b y t h e non-complr: nee wrr h the previsions of this
yfeq or orders rn; de there~.ncel,
Act c,. , ar ,,
., . a
.
.
"
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(a) that no such co~ruptpractice was comlnittcd at the eleciion by the

canclid~reand every such cor~uptp~acticewas comrnittecl contrarv to f he ordcls
and without the consent of the candidate ;
(b) that the ~ m d i d ~ took
t e all reasonable means fo- preventing the
com~issionof corrupt pio ctices at the election; and
(c) that in all otber respects the election was free frc.n any corrupr
practice on the part of the candidate or any of his agents,

CORRUPT PRACTICES.

6 2 4 , Corrupt practices.-T he following sha 11be deemed to be corrupt pla'c -.

tices for the purposes of this Act:-
(1) Bribery as defined in clause (1) of scction 123 of the Repre~ent~tion
of
the People Act, 1951 (Centrr 1 Act XLIII of 1951).
(2) Undue inff uence a s defined in clause (2) of the said section.
(3) The systemzticappea1by a kndidate or his agent or by any other per-
son to vote or refe. in from voting on grounds of caste, race community or religion
* or the use of or appeal to, religious symbols or the use of or appeal to national
,

s mbols such a s the nntiona 1flag or t hc national emblem, for the furt hcrance oft he
prospects of that candidate's election.

Bxplanation.-In this clausc, tho expression "vehiclo" means any vehicle

mcd or capablo of being used for thepurposo of road transport whether
propelled by mcchanicalpower or otherwise and whether used for drawing
other vel~iclesor otherwise.
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imendment 01 110. In section 63 of the 1981 Act,-

section 6 3 .
(1) in the opening paragraph, for the words "the Government may", the
words "the eS- tion Commission in consultation with the Governmeat
mayw shall be s u b b ~ d r - *
(2) the proviso shall be omitted.
111. In section 64 of the 1981 Act,-
(1) m sub-section (I),-
(i) for dause (a) including the proviso thereunder, the following clause shall
be substituted, namely:--
"(a) Ordinary vacancies in the office of elected counciUors shall be filled
at ordinary elections which shall, subjeci to the approval of the StiLfe
Election C o m n be fixed by the Government to take place on such
Ta-En three months before the occurrence of the vacancies as they
may think fit.";
(ii) in clause (b), for the words "subject to the approval of the Government
hc fiscd by the Conlmissioncr", the words "sul.ject to th: approval of the
m-Eltwtiori
State *--.i-m -
Commission,
M.1
be fisd by the Govermznt" shdl I>c substi-

(2) in sub-section (2), far the words "the Government" the words 'tbg.S&ib
Election Commisipn in consultation with the Government" shall be substi-
t'dte&,-,"bbb "

(3) for sub-section (3), the following sub-section shall be substituted, namely:-
"(3) A councillor elected at a casual electins sllall enter upon office forth-
with but shc.11 hold office so long only as the councillor in r,hose place he
is elected would have been entitled to hold office if the vacancy had not,
occured.".
Oruisqion of 112. Section 65 of the 1981 Act shall be omitted.
seotion 65
Omission oi 113. Section 66 of the 1981 Act shall be omitted.
section 66
Amendment of 114. In section 67 of the 1981 Act,-
section 67
(1) in the marginal heading, the words" and co-oplions" shall be omitted;
(2) thr: words "or co-options" shall be omitted.
Amondment of 115. In section 68 of the 1981 Act,-
section 68
(1) in the marginal ha.ding, the words " and co-options " shall be omitted;
(2) for sub-section (I), the following sub-section shall be substituted, namely;-

-
"(1) The Government may, in consultation with the tare Election Corn&
ssion make rules regulating the procedure with regs-
(3) in sub-section (2), for clause (a), the following clause shall be substitutd,
namely;--
"(a) provide [or the adj~idicationby the District Judge having jurisdiction,
of disputes arising out of elections; and".
Insertion of 116. After section 193 of the 1981 Act, the following heading and sectlon shall be
new heading inserted, namely: -
and new
section 193-A., "FINANCE COMM LSS iON
193-A. Constitutlon of Fin~lnceCornrnirsion.- (1) The Finance Commission
referred to in Article 263-1 of the Constitutioll shall also review the financial
position of the corporation and make recommendations to the Governor
as to,-
(a) the principles which should govern,-
(i) the distributim between the Government and the corporation of
the net proceeds of the taxes. duties. t d s a 14 fees levrable bv the
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. . EXJRAORDINARY
Ib NADU GOVERNMENT GAZETTE . 29 -.F ,,,

Government which may be divided between them and the alIocation

between the corporations 'of,their respective shares of such proceeds;
(ii) the determination of the taxes, duties, tolls ant1 fees which may be
assigned to or approprifited by the corporation ;
- . . the Consolidated h n d
(iii) the grants-in-aid to the corporation from
of the State ;
(b) the measures needed to improve the financial position of the corp-
orations ;
(c) any other matter referred to the Finance Commission by the Governor
in the interest of sound finance of the corporation.

(2) The Governor shall cause every recommendation made by the Commis-
sion under this section together with an explanatory memorandum as to the action
taken thereon to be laid before the Tamil Nadu Legislative Assembly. ".
117. In section 431 of the 1981 Act, in sub-section (2), for the words " every
notification issued under this Act ", the expression " every notification issued under
sub-section (2) of section 5-A, sub-section (2) of section 10-C or under any other
provisions of this Act " shall be substituted.
118. In section 490 of the 1981 Act, in clause Cj, for the words " the council
or the standing commit tee ",the words " the council, the standing committee or the
* Wards Committee " shall be substituted.

119. After section 511 of the 1981 Act, the following sections shall be inserted, Intadon-y:

" 511-A. Tronsitorv nrovision.-(1) Notwithstanding imytlring contained *"**

in this Act, or in any ofher'law lor the -time being in force, the Government may,
by notification, if necessary, appoint a Special Officer to exercise the powers and
discharge the functions of the corporation until the day on which tae first meeting
of the council is held after ordinary elections to the corporation after the commence-
ment of Tamil Nadu Munici~al Comor~iionLaws (Amendmenl and Special
&'"
" Provision) Act, 1994. kt,
(2) The Special Officer appointed under sub-section (1) shall hold office
only for six months trom the date of the commencement of the Ta.mil IVadu Municipal
corporation Laws (Amendment and Special Provision) Act, 1494 and no longer.
511-B. Powers, authority and responsibilities of the Municipal Corporation,
standing committees, etc.-Save as otherwise provided in this Act, the Government
may, by notification and subject to such co~ditionsand restiictions as may be specified
therein, entrust to the corporation, the standing committees, Wards Committees or
any other committee constituted under this Act, with such powerj ancl resporlsibilities
wiih respect to the preparation of plans tor economic developn?ent and social justice
and also with such powers and authority as may be necessary to en?ble them to carry
out the responsibilities conferred upon them including those in relation to the mtters
listed in Schedule X
511-C. Power to remove difficulties.-(1) If any difficulty arises. in aiving
effect to the provisions ol this Act, as amended by the Tamil Naclu Municipal Corpo-
p. rmion ~aws-(~mendment
7
and S~ecialprovision) Act. 1994 tde Government may
by an order hblished i the 7o*il Nadu ~overn&entGozritc. ake such
lot inconsiste~~twith the nrovisions ot this Act. as amended bv the Tamil Nadu
:tans,
Municipal Corporation ~ g w ,(Amendment
s and Special sion'i Act, 1994 as
appear to them to be necessary or expedient for

.. . Provided that no such order shall be

from the date of commencement of the Tamil
t 1,- (Amendment and Special Provision) Act. 190'
#ti
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244 TAMIL NADU GOVERNMENT GAZETTE EXTRA 0RDINARY

(2) Every order n ade under sub-section (1) shall, as soon as possible,
after it is made, be placed on tl-e table of the Legislative Assembly and if, before the
expiry of the session in which it is so placed or the next session, the Assembly makes
any modification in any such order or the Assembly decides that the order shoNd
nor be made, the order shall thereafter have effect only in such modified form or be
of no effect,as the case may be, so, however, that any such modification or annulment
shall be without prejudice to the validity of anything previously done under that
order.".
~ddidonof 120. After Schedule VII to the 1981 Act, thf tollowing Schedules shall be added,
news Schedules namely :-
Wl, IX and n
Pi.
''SCHEDULE VlIi.
(See section 5-1 :
THE NUMBER, NAMES AND AREAS OF VARIOUS ZONES,
*'b Name oj zone. , Area oj the zone]nurnberand
name of the division.

(1) (2)
1. Zone I - ... 1. Peelamedu
2. Peelamedu East Part
,:a:)!. :,, e 3. Peelamedu East
4. S.I.H.S.Colony, Ondipudur
5. Ondipudur North
6. Ondipudur (South)
Singanallur (East)
7. Kalli Madai
8. Krishnapuram
9. Neelikonampdayam
Ramanuja Nagar
10. Masakalipalayam
2. - 7oneIX ., ..11. Uppilipalayam
12. Nanjundapuram
13. Byepass and Kavery Nagat Arm
14. Sowripalaym
15. Udayampalayam
16. Peelamedupudur
17. Krishnarayapuram
18. Sidhapu Pudur
19. Pappanaickenpalayam
20. Pappanaickenpalayam East
3.
I
Z.jno i11 - ,
, 21. P~liakulam
22. Pankaja Mill Area
23. R a m a n a t h a p m East
24. Rarnanathapuram West
25. C. ?ul- C Medical Hospital Area.
26. Race Course
27. Kattor
28. Ram Nagar
29. Siddapudnr West
30. Gandhipuram East

Iv
t,.o~~e - - 31. R u n agar North
32. Tiabsrd
33. Sivananda Colony
34. Bharathi Park
35. Ramvajapuram A m
36. Thiagaraya New !&re&
Partkna
37. Mamkkadai
38. Unicm High School
39. KottaiEast
a.Kottai Wat
 LatestLaws.com
LatestLaws.com

THE NUMBER, NAMES AND AREAS OF VARIOUS ZONES--cont.

Area of the rone/nutnbe;kand

name oj the divzsion.
(3)
ZoneV .- ." ... 42.
41. Ukkadan.
Selvachinthamanikulanl
43. Dharamaraja Koil Streiet
44. T herthidal Area
45. Pasuvannan Koil Street
46. Marakkara Nanjappan. Street
47. Teppakulam Area
48. Light House Area.
49. R. S. Puram Noah
50. R. S. Puram West,
Thadagam Road Cross

Zone V1 ... .. . 51. R. 6 . Puram Souch

52. Ponn aiya Rajapuram
53. Selvapur~m
54. Attupalam and
Sout 11Housia:: Unit
55. Telungupalayam Muthusamy
Colony Area.
56. Chokkampudur ;ind North
Housing Unit Area.
57. Poosaripalayam,,
Kumarasamy Txnk

ZoneVII ..

SCHEDULE IX
(See section 10-C.)
POWERS AND FUNCTIONS OF THE WARDS COMMITIEE.

.
(1) Sanction estimates and plans for municipal works to be carried out within
the zone costing up to rupees ive Iakhs other than works taken up and executed for
~Coimbatoreas a whole or those covering more than one zone, provided that s p d c
provision exists therefor in the budget sanctioned by the corporation.

(3) Scrutiniss monthly stitements of receipts and d i s b u r s e m ~and of thc

. progress reports in the cullection of rkvenue in the zone.
(4) Consider and make recommendations on the proposals regarding estimate8 of
s v e n a e and expenditure pertaining to the zone under different beads of account of
#e budget before being forwarded to the Commissioner.
 LatestLaws.com

E EXTRAORDINARY

(6) Deal withssuch other matters as may be delegated by the corpontion to

the Wards C o d t t c e .

. . or
relating to Coimbatore as 'a whole Involving two or more zones.

SCHEDULE X.
,. - . (See section 51143.;
1. Planning for economic and social development.
2. Roads and-bridges.
3. Water supply for domestic, industrial and aommercial p u r p;es. *
i
"8

4. Public hesilth, sanitation, conservancy and solid waste .managemenr. . -:-.a

@
5. Urban forestry. $ot&tion of the environment and promouon 01 G C Q I U E I ~ ~
aspects. "I

' t h e of weaker sections of society, i~ncluwg

6. ~ a f e ~ d , b ~ igte;ests *--'>'-- in= L-mA'-
UQUW-
.:&
c~ppedand-menmy rewded..
7. Slum improvement and upgradation.
8. Urban pover?+y alleviation. -
9. Provision of urban amenittes and facilities such as
10. promotigp..,of cultural, educational and aesthetic aspects.
'

11. Burials and burial grounds ; cremations, ,mmaaon p u n a s and electric

crematoriums. . .
12. Cattle 'ponds ;-prkvention of cruelty to ammals.
13. Vital.$atistics. igcluding registration of Births and Deaths.
-'
14. Public amenities including street lighting, parking 10% ' -
conveniences. B
.<
15. Regulation of slaughter houses and tanneries. ".

PART V.
-------.
SPECIAL PROVlSlON FOR KLSEKVA 1 l u l ~ u r u r r ~ ~ n ~
-- *E
UL
xx*v(-,Q
*VAL*& -A-. .,.

121. Out of total n u rnber of offices of t

ofthe office
of Mayor for
the rnedSm .
, .I.

of the sohe
dulad Castes or
the Scheduled
- wornuu
QWm
ror
and
-.

M. MUNIRAb4ANd
 LatestLaws.com
LatestLaws.com

information :-
ACT No. 27 OF 1994.

An Act ro provide for the wtnbliishment oj cr Mtmzc

poralion for the City of Ttruchirppnlli.

commencement. .-- -
"
(2) It extends t o the City of Tiruchirappa Ili.
(3) It shallcome in to force on such date, as the Government I
may, by
aotification, appoint.
2. In this Act, unless the context otherwise requires,--

(c) " Council" means the Municipzt Council of Tiruchirappalli ;

(d)"date of the commencement of this Act" means the date appointed
land& sub-section (3) of section 1 ;
(e) " Government" means the State Government ;
(f) "Municipality" rn:ans the ~iruci~ira
ppalli Municipality ;

,"+'
, ":
... p
corporation shall, by the said name, be a body corporate, having I -

sion and a common seal with power to adquire. hold and dispose
'1

to enter into contracts and may by its corpbrate name, sue and be

'*,
$
i '1
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LatestLaws.com

sthorities. this Act shall be,-

(1) a council ;
(2) a standing committee ;
(3) a Commissioner ; and
(4) a wards committee.
:onstitution of 5. (1) Save as otherwise provided in sub-section (2), the council shall consist
ouacil. - of such number of councillors elected in the manner laid down in this Act as may
bc fixed by the Government, by notification, from time to time, so, however, that
the total number of counciliors of the council shall not exceed seventy-two at any
time.
(2) The following persons shall also be represented in the council, namely :-
(0) not more than two persons who are not less than twcnty-five years
of age and who have special knowledge or experience in municipal adminis-
tration, to be nominated by thr: Governlnent :
Provided that the rcrson nominated under this clause shall not have the rigbt
to vote in the meetings of the council ;
(b) the members of the House of the People representing constituencies which
camprlse wi~oiiyor partly the area of the corporation and the n~embe~sof the
Councrl of States registered as electors within the area of the corporation ;
(c) as nearly as possible on:-fifth of the members of the State Legislative
Assembly representing coilstituencies which comprise wholly or partly the iuca
of tho corporation to be nominated by the Speaker of the Legislative Assembly
by rotation every year :
Provided that while nominating such members by rotation, the Spaker of the.
Legislative Assembly, shall ensure that as "far as possible all the members repre-
sonting constituencies wbich comprise wholly or partly the area of the oorpomtioh:
are given an opportunity of being represented in the council ~ . .tat
t once durbg
the duration of the council ;
(d)the Chairperson of th.: committee, if 'any, constituted and it they
ere not councillors.
(3) Seats shall be reserved for the persons belonging to the Scheduled-
Castes and the Scheduled Tribes in the council and the number of seats so reserv&-
shall bear, as nearly as may be, the same proportion to the total number of seats
to be filled by direct election in the council as the population of the Scheduled.
Castes in the City or of the Scheduled Tribes in the City bears to the total population
of the City :
Provided that for the first election to be held immediately after the date of the-
commencement of this Act, the provisional population figures of the City as
published in relation to 1991 census shall be deemed to be the population of the
City as ascertained in that census.
(4) Seats shall be reserved for women belonging to the Scheduled Castes.
arid the Scheduled Tribes, from among the seats reserved for the persons belonging
to the Scheduled Castes ancl the Scheduled Tribes, which shall not be less than
one-third of the total number of seats reserved for the persons belonging to t h e
Sc:heduled Castes and the Scheduled Tribes.
(5) Seats shall be reserved for women in the counkil and the number of seats
reserved for women shail 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 tile council.

(6)The reservation of seats under sub-sections (3) and (4) shall cease t*
alive effect on the expiry of the period specifiedin Article 334 of the Constitution,
 LatestLaws.com
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--
- I
(2) An election to constitute the corporation shall be completed,-
(a) beforc the expiry 01 its duration specified in sub-section (I) ; or
I

" t': ,

Act, 1920 not .- '

cesser shall not affect,-

otwithstanding anything contained in sub-section (I), all appointments,

, notices, rules, bye-laws, regulations, orders, directions., licences,
schemes; forms and powers, made or issued or conferred under the
nicipalities Act, and in force on the date of the commencement 01 this
,30 far as they are not inconsistent with the provisions of this Act, continue

8. (1) Save as otherwise expressly provided herein, ail the provisions of the 1981 Applicatiou ot
4ct, including the provisions relating to the levy and collection of any tax or fee are the provisions
hereby extepded to and shall apply, mutatis mutandis to the corporaticln and the ot the 1981
1981 Act shall, in relation to the corporation be read and construed as if the provisions Act to the
of this Act had formed part of the 1981 Act.2 corporation.
 LatestLaws.com
LatestLaws.com

(6) any reference to the Coirnbatore Corporation, corporation of Cdm-

batore and Municipal Corporation of Coimbatore, shall by reason of this Act, be
coostrued as a referen ;e to the Tiruchirappalli Corporation, Corporation of ' Tiruchi-
rappalli and Municipal Corporation of Tiruchirappalli, respectively.
TransitionaI 9. (1) All property, all rights of whatever kind, used, enjoyed or possessed by,
provisions. and all interests of whatever kind owned by, or vested in, or held in trust by or
for the council, with all rights of whatever kind used, enjoyed or possessed by the
@id council, as well as a l l liabilities legally subsisting agdnst the said council,
s ha 11, on and from the c'ate of the commencement of this Ac? affd sub~ectt o such
directions 7s the Government may, by general 01 specie1 order, gxve in this behalf,
vest with the corpolalicn.
\2) All anenrs of tr)xes or other payments by way of composition for a t2&
or due fol expenses or compensation, or otherwise due to the s a ~ dcolr~lcilou t h e
date of such commencement may be recoverec! as if they kd accrued to the corwra-
lion P ~ L mcy
. be recovered ?s lithe s ~ i oal;ears or payments hcd become due, unoer
the provisions of this Act.
(3) All taxes, ftes and drlties, which immediately before the d ~ t eo f t he com-
mencement o f t his Act, were being levied by the said council, sha I1 be deemed t o have
h e n levied by the corporation under the provisions of this Aci and s h a l l c o n t ! ~ ~t c
be in force accordingly until such. taxes, fees and duties are revised, cancelled a
superseded by a uyi hing done or s ny 3 ction tcken cnder this Act.
(4) All promdings taken by, or against, thk council or .authority or an)
person under the District Muuicipalilies Act, may be continued by, or agzinst, the
corporation,, authority or person as if the said proceedings had been comrnenced~
under the provisions of this Act.
(5) Any action taken under the Distlict Municipalities Act, by a'ny authority
be61e the date of such commencement shall be deemed t o have been taken by the
authority competent to t:lke such actionunder this Act as ifthis Act had then beenia
for&.

1
J

1 (a) the terms and copdition s nppbhble tb & ~ lkrflicera'aad

i
,
,. -1b ,.. ( . 4'%?2., :..%, ..., -
\ .

employees"con-
I
sequent on their absorption in the service 01 the corppration.shs 11not be less fa v~lrr:.
able than those applicable t o such employees immediately before the date of such.
comaencement, AS regards pay and allowances, leave, pension, gratuity, providmt ,

fund snd age of superannuation ; and

'- ., 3 .
 LatestLaws.com

esponding division of the corporation.

(I) the council,

I
(2) the standing committee,
(3) the Commissioner, and
I
(4) the wards committee.

(c) of the commissioner, until a Colnmissioner is appointed by the

Gnvernment and such officer may, if the Government so direct, :.eceive remuneration
for his serviccs from the municipal fund.
(4) Until a new Special Officer is appointed by the Gokernrnent under sub-
section (I), the Special Officer of the municipality functioning immediately before
the date of the coinmencelllent of this Act shall be deemed to be the Special OAicer
of the corporation and he shall exercise the powers and perform the duties and
discharge the functions as those exercised, performed and discharged by the Special
ofiicer appointed under sub-section (1).

11, (1) The Government may make rules for carrying out the purposes of

(b) All notifications issued under this Act shall, unIess they are expressed
to come into force on a particular day, come into force on the day ~n which they \

. .

. ;C ' S
>.

$;..
$4 i

t $*:
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LatestLaws.com
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LatestLaws.com

TAMIL NADU GOVE

ACT No. 42 of 1994.

An Acj ftlrther to amend the laws relating to the 1Murzicipal Corporazions and
Wurzicipalitlts ln the State of Tamil Nadu.

BE if, enacted by the Legislative Assembly of the State of Tamil Nadu in

the Forty-fifth Year of the Republic of India as follows :- , .

PART I.
PRELI3IINARY.
'
- 1. (1) This Act may be callcd the Tamil Nadu Municipal Laws (Amendd shod t l t ~ ~
an&
ment) Act, 1994. commenceniCn6~ 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

Amcizclrncnt t o t h c Tamil Naclu District 1vInnicip;~lilicsAct, 1920. ri

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

(By order of the Govcruor)

M. MUNTRAMAN.
Secretary to Govmu;nzent, Law Department.
('AGroup) 1.V (2) EX.( 3 3 3 3 - 4
 LatestLaws.com
LatestLaws.com

-- ---- -- TAMIL NADU G ~ V E R N M EGI~ZETTE

~ EX?~AO'RDTNARY- . .
- -- - - - - -.- - -
-. -- - -- -
The following Act of the Tamil Nadu Legislative Assembly received the assent
of the Governor on the 26th November 1994 and is hereby published for general
information :-

ACT No. 53 OF 1994.

d

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. -,

(2) I t shall come into force at once.

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
 LatestLaws.com

PART VI,

CORPORATION ACT, 1994,

nendmeut of
:tion 10.

(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.

tndmeni of 8. In section 10 of the S a l ~ m City Municipal Corporation Act, 1994,- Tam11Nadu A C ~

on IC.g (1) in sub-section (2), fc:. tl;e expressisn " \ \ i r i ~ i i 3~ period of six tnontlls z9 lg94.
froln the date of th- con^ ienccment of the ;'an,il P<adu M~~nicipalCorporation
.Lsws (Amendment and Special Prov~sion)Act. IS94 ", the expressioil " on or before
the 31st day of December 1995 " s1iz;l I;e sub\tituted ;
(3) in sub-section (5), for the worts '011!y fcr six months from the date of the
commencemc;lt of this Act", the ex.pression "up to the 31st day ot December
1995" sha!l be substituted.

(By order of the Governor.)

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

- - -- - - - .
--
 LatestLaws.com
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Registered No M I
(Price 0.60 Pdse

TAMIL NADU
G O ~ E R N ~ ~ E CAZETTE
NT

MADRAS, TUESDAY, DECEMBER 19

MARGAZHI 4, YUVA, TIIIRUVALLUVA TI A/Zi\*
--
__I

* - - - -#a
- -- --

Part IV-Section 2
7 . 3 .
. .. . , . !.' .-
r i . , I 6
, .,
>

published for gen era1 informstion:-

ACT No. 34 OF 1995.
.'*:# i , .L, . :$ ; ,

Ali Act further t o amcnd l a d relating to Muilicip,?litiesand 7dt1nicipal

in the St2tc of Trl.nzil Ni1.d~.
Corpo~;~tio~z\
i t cn::ctcd k y tllc T::gicl::ti\/c A ~ s c m b l yo f Illc St:!tc o f T;lrr.il Nndu in the
1317

Forly-<,~xth Year of the Rcpublic of India as f~~llows :-

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
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i
I
120 TAMIL NADU GOVERNMENT GAZkTTE EXTRAORDINARY
F -a- - -.- L_

Amendment ot 3. 111 soction 3-1 of the 1920 Act-

scctio~l3-1.
(1) after sub-sc-tion (2), the following sub-sections shall b: inserted, namely :-
(2-A) Seats shall bs reserved for the pzrsons belonging to the Bsckward
classes of citizens in every town panchayat and the numb:r of selts so reserved,
shall b:, as nearly as may b:, fifty per cznt of the total rllmbsr of seats in the town
vnnrhnvat.

. . (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 :-
of tho tow11 p:uicl~;ryirl sl~;\ll ha
"(CA) (;I) Tllo cflicu\ 01 t l ~ o(:b:tir-l~or~c~ll\
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.

01)The ofhas of tho Chair-persons of tho town pan&aya.ts &a.ll bo rosarvod

for wollrao bdoaging to tllo Backward Claws of citizclw from among tho oficus
d the persons belonging to tbe Baokward Classas of citizw which &dl
r e ~ ~ v efor
acr be less tbao one Phi& of the total number of o0iw ramvd for tho pamas

+B
blcngipg to tha &ward Chsos of dt- ;

(4) in sub-s .ion (3)-

(a) for t4o aprmsiou "(including tho aw&r of 0 5 ~ srosavw~far

wcslen belonging to the S~heduledCastes and tho Saheduled Tribes,)", the cxpressiou
"(including tho sujnbwr of oficec reserved for women belonging to tho Scbdulod
C :(:~es, tbe Scheduled Tribes a l ~ dthe Backward Classos of citizens)" shall be
sdxtittttd ;

(b) it: tho proviso for tho expression "under this sub-sectios and unden
sub-saction (A)", tlio oxpression ''undel* this section'bshhll be substiluted.

.Amcnclmcnt of 4. In scctioll7 of tho 1920 AGE-

Scction 7.
(1) after sub-soction C6),the following sub-scc!ions shall be insel tad, nrnely :-

,,(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.

(2) in sub-soo'ion (7): for tho ox~rcssion"(ir~clutlirlg tho numbor of seats

rosorved for women belonging to tho Sclledulcd Csstcs snd the Schodulod Tribes)",
the expression u(including the numbor of sa?fs reservoc! for women &longing to

bo subs tit^ ,
d~itli %t
tho S~hedulcd stes. the Scheduled Tribes end tho B:.ckward Classas of citizcnsY7-
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_--TAMIL NABU GOVERNMENT GAZETTE--

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EXTRAORDINARY
- -. - - -
121
-
(3) after sub-section (8). the followingsub-section shall be inserted, namely :- ,

"(8-A) (a) Vie offices of tho Chair-persons of the municipelities shall be

rosarvod for the persons belo~igirzgto the Bacl<ward Cl::sses of citizens and the
nurnber of officesso reserved shall bo, as nearly as may bc, fifty par cent of tho total
il~l~nberof ofices of the Chnir.persons of the mur~icip?.litiosin the State.

Ih\ Tho nffi(:es of tip Ch;:ii' i;;sc~:s r f tl~r!tutt*iic;- l l i t i t 3 c ~.!:::li he rtasorved

for wonlo3 bolonging to tho Backwdrd Ciassos of cii1/.0:1\frwm snlong the offices
rcrarvod f o tho
~ porsonc belonging to thc B;!ckrvard CI::rsos of cirizons wl~ichshall
not h~ lnSc t $ a n ?no thiTr! nf the tcl+?1 n ~ ~ r n h nnf
r nfi;rnc !wnl.'ctnrl fnr thn pnrcnnr
balongiag to the Backwerd Classes of citizens." ;

(4) in sub-section (9)-

(a) for the expression "(including tho number of oftices rosorved for women
baloqging to the Sohedulod Castes r.nd tho Scnodulod Tribes)", the cxpressicn "(in-
ciudittg the number of officasreserved f o women
~ belonging to tho Szheduled Castes,
the Scheduled Tribes and th. Backward C l ~ s s eof~citizens)" shdl bo substituted ;

h pwiw, the follcwing prcviso shall be suhstitntd, namely :-

(b) for t
"Provided that the offices of Chair-persons of the municipalities marvod
uadat this seation shall bo allotted by m t i c n to different mu~icinaliljasin such
maratrar as ba pras&~r'lmdS'.

~~ TO THE W M S CRY MUWICFAL

CORPORATION ACT, 1919,
5. In suction 3 of the Madras City Municipal Corporation Act, 1919 (hein- Apl~wnWatd
after in this Part referred to a4 the 1919 Act), after elause (2), the following ckm section 3.
shall bs insertad, namely :-

C"@-A) "Backward Classts of citizens" s h d l have the %ma maaniy as

defined In clause (a) of section 3 of the Tamil Nadu Backward C1~sse3,Scheduled
Castes and Scheduled Tribes (Racmation of seats in Educational Institutions and
sf appointments or poses in the Services d c z r the State) Act, 1993."
, t;
3
6, In section 5 of the 1919 Act,- A M d W t dl*.
4.&cti~h~5itlh.
. 'P
+.I
' 6. L
(1) after sub-section (41, the following sub-sections shall be inserted, namely :-
.I,..

"(4-A) Seats shall be reserved for the persons bolonging to thc Bzckward
Class citizens in the council and the numbzr of s:ats so reserved shell b:, as
nearly as may be, fifty per cent of the total i~umbsrof sexs t o b:: filled by direct
election in the council.
(4-B) Seats slz-11 bc rcservcd for worncn b:lonzing to th- E.?.ckwr?rdClasses
of citiz6:;ls from r.mongthe seats rcservcd f ~ !11-1:: - p::rc;oi!Si) :lo:?:;i:?z to t ? Ii:~.cIc~:~rct
~
C1::s:;cs of citizens, which sh;l,ll not bc less t1l:un onc tlii:xl o i ' t h c t.o!:!l 11alnb:i. of
SL\::iS I . C S > T V L ' ~f o r the persons b:longing to tlle 3:l.ck:v;:rcl Ci.;.;>cs ol' C ' i i ; z ~ ~ w . " ; i

(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.
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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 .

I
-.i
. ,.,
<
, ,
1
. . ,,,
1
. . I ,,
..
,
.
I
,,.
(...
,.;, ,?.-
,, ,
..
,,;:.; ..- ,,-...- .-,- ',- t!i2
(,.
. .,2.,~;?,.;::,.;?L
,,I,,l.: ,8,., , < 4

('i;:. . oi. c ' . A ' : ; ; . , !I! :: : ,:, ., , : ,, i .

L:
, ,
.,,
.,,
,. , : I ., . , :, ,..' I,.. ... . . . ' .i
. ,.,
I,,:>,, 1 ;;< ; , I , 1),:! ;. ;, ., :;, (;,:i4 <,[ , ,;::il II~:,:;!;I: of SG:~.-S .$~) 132 !i!I':!!. bjr <!;I O C ~
tj!ei' 1 ,!I L ; lc:,;[:'ci!.
~
. .

-
,. , , . i . , L i .

.,. ,, ,,d.,.
*, .;.
. ,.
.
,.,,
:"
. T, . .... *

i.
.
'"')... ;. :.*,.: " '. . 4 , ' , ..',.,#.' ';
Amendrn'cnt ot 10. I n soclion 5 of tlia 1981 Act,- .'
section n '

(1)' zitor sub..se;tion (4), the fjllkwiag sub-sec:iork shall be ibsert~d,namely ;-

9 4 4 ) S?ats shc?ll b e rosorved far t l ~ aparsons belonging to l l ~ cBeckw?,i.d
Class~sof citizrtns iq tho c~uncila,qd tiia numbor of saats so rossrvad shi.,ll bn, ?.s
naarly as m7.y b:?,fi[r.y par cant of the total numb3r of so?,ts to b~ fillad by diroct
olectioll in the c:runcil.
(4-B) SPASs1~:llbo rcwrvcd far woman b.lionging to ilia B ~ ~ k w a r cC1i:sr;ns
!
of citizens t:nm ?,mong t h s:ai:s
~ rasarvod for the P.?ICGI?S '031ongir.g to the B?,ckwr.sd
Cl~ssasof cil:iznns wl~ichs;lnll not hi! loss t;iaq oqn-!.bird of tha tot21 numhor of so?,rs
resarved for tho parsons balollgillg to tho B;C~LC':;:C\CIT.SSOS of ~i~izoos.";

&all.ll'h& substi.tutsd.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
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123
'
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PART VI. ., I I ~ L J
i
I
AMENDMENTS TO THE TLRUCHIRAPPALLI CITY MUNICIPAL
CORPORATION ACT, 1994. i

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'.

12. In section 5 of the TiruchirappalliCorporation Act,-

bc inserted, namely :-
(1) after sub-section (4), the following sub-ssctiom ~li?~11
& 4 - ~ ) Scats shall bc reserved $or .the persons b:longing to tho Backward I
Classes of citizens in the council and the number of seats so reserved shall be, as
nearly as may bs, fifty per cent of the total number of seats to be filled by direct --
I
!!
election in the coancil: 1;

(4-B) Seats shall b; reserved for women belonging to the Backward

Classes of citizens from anlong the seats reserved for the persons belonging to the
Backward Classes of citizens which shall not be less than onn-third of the total
ging to the Bzckward Classes of

(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.

AMENDMENTS TO THE TIRUNELVELI CITY M ChTCIPAL C73XPORATION

ACT, 1994.

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 :-

11 have thc <?.me I r:?.ning ns defined

kward Clc~.ssc:s, S hodulecl Castes
11

he Sla.te) Act, 1993 ;

.
Educ.?,io:l:.l Insti? ,,:.z11d of
'

(a?.) <City of Tirunelveli' or 'City' means the loc?! ?-s:: c2 npriscd in

the Tirunelveli Municivzdity ?,nd inc!udes loccl ?.re2 which after tho date of
the con~mencement of this Act, is included in LP,': City b ~ dues
; uot include any
local area which after such date of the comme11c:m:nl is c:xclud~:d from the City;'?
Group) IV-2 Ex. (604)-2
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T j y M I L N 4 D U GC>VEKNMENT 6,AZETTE EXTRAORDINARY
-
- - ----- - -.-- -

Amendment of 14. In sect~on5 of the T~rui~clvcl~

Corporation Act.,-
SeGtIon 5.
(1) after sub-~ection(4), the followi~zgsub-sec~ionsshall b: inserted, nai11e1~:-
"(4-A) Seats sha.11 b > reierved for i h o persons belonging to the ~d.ckward
I
C'Z~sses of citizens in the Cou~lciland the n u m b ~ rof seats so reserved shr?ll be, ass
I l y bs, fifty per o s ~of
~ ' ~ ~asrmz.y ~ tthe total number of seals to b s filled by direct election
I in the Council.

(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.

AMENDMENTS TO THE SALEM CrTY MUNSCLPAL CORPORATION AC?,

1994.

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;".? ,

~meadrnmtof 16. In sectido 5 of tho Sale~nCorporation Act,-

eso6ion 5.
\ - (1) ~ f t e rsubsection (4), the following sub-sections shall be inserted, nc..n~ely--
"(4-A) Seats shall be reserted for the persons belcnging to the Backward
Classes of cik'zens in the Council and the number of seats so reserved shall be, as
, nea~lyas may be, fifty per cent of the total number t f seats to be filled by direct
election ir. tho Council.
(4-B) Suato shall bo rehorvctl tor wonion bclongivg to tho Backward Clrr.ssos
of citizens from ati1011gthe scc~tsrcso~vedtcr the pcrsGns belc agizg to the Backward
Classas of c i t i z ~ ~ lwhich
s shall uot bo loss thnl; ona-third of tho total number of seats
reserved for the persons belonging to the Backward Classesot citizens.";
,
,
\ I
I
(2) il: sub-section (5), for the expression "(including the number of seats
reservod for women belonging to the Scheduled Castes and the Schedu]ed
Tribes)", the expression "(includlng the number of seats reserved for women belonging
to the Scheduled Cn~Las,ths Schod~rledT~ibesand the Backward Classe:. of citizens)"
shall be substituted.

.Is,
w
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1
PART IX.
*it

AMENDMENT TO THE TAMIL NADU MUNICIPAL CORPORATION LAWS

(AMEiNDMENT AND SPECIAL PROVISION) ACT, 1994.
17. In seotion 121 of the T m i l Ndciu Mu~~ioip~rl C L O I L.bl~s (A~neud- A ~ o a n d ~ n t ~ t
wation 121.
. meat arid Spauial Provisiorl) Act, 1991, for the words .'crl~ilL w c ) sk,dllba naservad
for women," the words "two shall bo reserved for women and suioh numbw of
offices of Mayor not oxcaading fifty par cant of tho total nurubor of office of the
Mayor as may be presooibed, shall be reserved for the persons belonging to trae
Baokuard Classes of eitimns " shall be substituted.

Vl. M UPil RAMAN,

S ~' c r d a r yto Oovarnma
Law Departmenr,

-..
-------
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
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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:-

ACT No. 46 OF 1995.

AN Act further to ainerzd tlzc Laws rclntirzg to t l MurzicQ)~l

~ Corpomtio~rsaitd Mrmici-
palities in the Stcitc. oj Tutnil Nudu.
I

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.

AMENDMENT TO THE MADRAS CITY MUNICIPAL CORPORATION

ACT, 1919.
2. In section 414 of the Madras City Municipal Corporation Act, 1919, in sub- Amendment]
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 " shall be substituted. 414.

AMENDMENT TO TJ-IE TAMIL NADU DISI'RJCT MUNICIPABlTIES

ACT, 1920.
3. l n section 375 of the Taniil Nadu District Municipalities Act, 1920, in sub-section Amendment
(2), for the expression " up to the 31 st day of December 1995 ",the expression " up to of section
the 30th day of June 1996 " shall be substituted. 375.

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.
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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 ",
the e::pression " u p to the 30th day of June 1996 " shall be substituted -

(By order of t h ~
Governor.)

M. MUNIRAMAN,
Sect etro.J1 to Govcrrltnott, Law Department.

<
1
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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
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TAMIL NADU GOVERNMENT GAZETTE EXTRA 0 K D I N A IIY -
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1
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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.

AMENDMENTS TO THE TIRUCHIRAPPALLI CITY MUNICIPL.21,

CORPORATION ACT, 1994.

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.

AMENDMENTS TO THE TIRUNELVELl CITY hlUNICIPAL CORPORATION

ACT, 1904.

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.
 -
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TAMIL NADU GOVERNMENT GAZEITE EXTRAORDINARY 79

--
PART VIII.

AMENDMENTS TO THE SALEM CITY MUNlCIPAL CORPORATION

ACT, 1994.

S. ~n section 10 of the Salem City ~ u n i c i p a l~ o r ~ d r a t i o~nc t 1994-

, Amendme
of section 1
(1) in sub-section (2), for the expression "on or before the 30th day of
June 1996", the expression "on or before the 31st day of December 1996" shall be
substituted
(2) in db-section (9,for the expression "upto the 30th day of June 1996
and no longer", the expression "upto the 3'1s: day of December 1996 or for such
shorter period as the Government may, by notification, specify in this behalf'"
shall be subst~tr~ted.

(By order of the Governor)

- - . >: ."
M. MUNIRAMAN,
Secretary to ~overnmt&t,
Law Department.
 -

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Thejollolving Act oj tlze Tamil ATadhLegis1atil.e Assembly rec~ivedthe assent oj

the Gover.noi on the 25th June 1996 and is hereby published jor general
Zt!form~,tiol/
:-

ACT No. i 7 OF 1996.

An Act further to amend the laws relating to Municipalities atid Municipal

Corporations in the State of Tamil Nadu.

W HERCAS under Article 2';3-T of the Constitution of Ificiia, the Legislature of I

1 the State have bee11 empowered to make suitable provision for reservatiorl of seats
in any Mu:!icipality or Omces of chair-persons in the Municivalities for Backward
Classes of citizens ;
I

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,
axel Muiiicipal Corpor~tionsare
the T:Au?~icipnlities 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 5%
? ~%?I?~ ? t i e TaG! Vh?u '4 IIG~FJIAST /%.xAk& 4yl/.44
4w'w9
/4
- - - ..+.*: ''C z 'ff* a?.'%#,
.-
?- e,
5- /; -5
,c-.

&~G-TCJZ=]
11-A Z - A'J-?
4
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82 . TAI

PART IJ.

AMENDMENTS TO THE TAhlIL N A D U D1S l 'tlc I

MUNICIPALlTIES ACT, 1920.
Amendment 2. 111~ection3 of the Tamil Nadu Distr~ctMunicip:rliticr A L i0
. (I I , i , I
of section 3. after in this Part referred to as the 1920 Act), clause (2-A) slia Ii 13, ) l i ~ i t t ~ d .
i
1, -, ' of 1
I
Amend men t 3. In section 3-1 of the 1920 Act,--
of section 3-1.
i ( I ) sub-sections (2-A) and (2-B) shall be omitted ;

( ) iil sub-sectio;l(;), for the expression " (including t h e number of seats

reserve). for women beJo,lging to t le Sche iuled Castes, tile Scheduled 'I rlbes and
the Backward Classes of citizeas)", t le expression "(including the [,umber of seats
reserved for women belonging to the Scheduled Caste: and tile Scheduled Tribes) "
shall be substituted ;

1 (3) sub-section (4-A) shall be omitted ;

I
E

(4) in sub-section(j), forthe expressionC'(includinqthe number of offices re-

served for women belonging to the Sc:zeduled Castes, the Sc'leduled Tribes and the
Backward Classes of citizens)",the expressic~n"(including the number of offices reservetl
for women belonging to the Scheduled Castes arid Szheduled Tribes)" shall be
substitutc~.
-
~mendment 4. In section 7 of the 1920 Act,-
of section 7.
(! ) sub-sections (6-A) and (6-B) sl all be omitted ;
(2) in sub-section (7), for tne expr:ssion "(including the nuinber of seats
reserved for women belonging t o the Scheduled Castes, the Scheduleci Tribes arl\t
the Backward Classes of citizens)", t le expression "(including the number of s e a s
reserved for women belonging t o the Scheduled Castes and the Sc:~eduledTribes)"
shall be substituted ;

(3) sub-section (8-A) shall be omitted ;

(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.
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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.

12. I n section 5 of the Tiruchirappalli Corporation Acti- Amendment

of section 5.
(I); sub-sections (4-A) and (4-B) shall be omitted ;

(2) i n sub-section ( 5 ) , for the expression "(iccluding the number of seats

reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the
Backward Classes of citizens) ", the expressiol " (including tile number of seats
reserved for women belo.lging to the S2heduled Castes and the Scheduled Tribes) "
shall be substituted.

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
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S4 -
TAMIL NADU GOVERNMENT GAZETTE EX1.K .?ORDINARY
- .-.- - - -
--
1
---- - --- --

" (iacludiag the i~airrberof seats

(2) in sub-section (5:, for t ~ expres~io.1
e *
reserved for women belongiilg to tne ScLleduledCastes, the Sciieduled Tribes arid
the Backward Classes of citizens) ", tne excierssion " (includin.; the number of
seats reserved for women belonging to t;~eSc.leduled Castes and ti\; Scheduled
Tirbes) " shall be substituted.

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

Amendment 16. In section 5 of the Salem Corporation Act, -.

of Section 5.
( I ) sub-sections (4-A) and (4-B) shall be omitted;
(2) in sub-sectioi~( 5 ) , for the expressioll " (inclut1il:g t!:c r i u n l bcr of scats
reserved for wolnen belc~~ging to taleSc,leduled Castes, tile SCI~ c ulctl
d Tribes and
the Backward Classes of citizens) ", t:le evpressio~l" (iilclul-lilxg t$!c: nulnber of
seats reserved for women belonging to the Sc,leduled Castes and tlie Scheduled
Tribes) " shall be substituted.

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.

(By order of tlic Governorj

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.
 LatestLaws.com

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
i ~ ~ pu3lished
~ 3 y for general
iiddri?l.~tiut? :- [I

A I A-t ,'I!,.if13;' i ) 3 M,I I tIz? I.ZWS r e l a f i t to and

~ t122 ~n,rrticip~lities J
nz nric;p.il co.2o'at,o,ls in the State of T~rrnilNcrdu. Lu

BE it e lasted by ::ie Legislative A:ise~nblyof t i e State of T a d 1 Nadu in the I

Fortj-s:r'c ~t Ycnr of t le Rel>u')lic of India as fol1orvs:-

PRELIMINARY.
.'= '* -.-.=a3 -: 2 :-a ts- cs? 1 - 1 21

.
.? ^ I i

1 (:) T i s Act may bs ca1l:l the Tanil N t l u M Uljclpal (Thiril

L3~4 Short title; @ -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

(I) I I ;.lb.;:s:i>n (3), the p: ~ v i s ,to~ clause

-<-
(a) shall be omitted;
(4, ti1 3 , follawing s?~b.seolianshall ;be substl-:A
n l "

(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.". ..

! I : i: : t i , 1 ' 2 or t :,: : Y O i'i :t, i.1su'>.se:tii) 1(3), fort::^ 2 ~ ~.ssio:l

. . "other
i ',:I
. I t :.: .2 L , L ~.:111 :", t I : 5;; 1:-:;3i3
,. ,. .. ' . . ,. ; i t . : : :ri: 1 "ot'~.ert.12 1 t 1.: :?:rssI 1s r:ferr.s 1 to i:l sub-sec-
I I "s la11 5s 5u'~stitute-l.
7
: ; ,:

.;:, 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,

, ;,i ) , I , '1,) I ) ;.,II oI'I. ,;).~;;,llne.tt,co.~sti?ut~

.;!,LI ; (; $uc I. 111~:n1)3r
. of Ski :::i.12
..
, : , O! .;.: ;.;.; . I ;,,. t ,rr:,: f; .r t'le pur,l2.;:: or n;{cr:1sf 16 suc'i vOW:rs, ' is-
.,;!..
,

. I!,.: :, ',; .joi-rJ:,ni ,u=': fu 1ctio:;s as ;: Inair

8

j ,r I : , {!clqate to t ,c. :; ,;!r

, ,)-j;,!)!l,l ;;;,]!.dj,! !::,, f l ; i J j ,;s 0: ;;)mmit.tc:>;. :o (::>f] ii:~: i , l ? O : t n d rcp ::' , i
, , .
I , ,, 1 1 t !ti 'if, , , / . I , I ~ ~ L !i 111.y I icr LO 111~:ln '
" ' 3 ji
i', r , v j ( l . :1:11 ~!o!llilr;: C ~ ~ ~ i ! ; ! i lin
i ~ this
~i sub-sect ion shell npply to the' Taxs-
. i ,., .i:-,:,
, : I , ~ n l ! l ~ ; ; i . ; .rcCcrrc:l
: 10 in section 23-A.
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.
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TAMIL FADU GOVERNMENT GAZETTE EXTRAORDINARY
9

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,- !:
. +.-
, in clause (a), for
A- .
.
L

Amendment 8. In section 31-B of the 1920 Act, in sub-section

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. ";

(c) clause (d) sf-all be omitted.

:-
(2) after sub-section (2), the following sub-section shall be inserted, ~>iimI:
"(2-A) T1.e persons referred to in sub-section (2) shall be el.titled to hke
part in the proceedings but shall rot have tf e right to vote in tl e meetihgs of r e
council.".
r
12. For section 5-A of thz 1919 Act, the following section s!.all be substituted, Subst
r Q snaanely :-
i;
L " 3 ~ . Con~titution of
c o n s ~ ~ ~ u tby
Words Committees.-(I) Tl ere s! all be
e d t!.e State Ciovernme~t, by notification, such umber of wards
L
committees comprising territorial area of such number of warc's as may be
specified in the notification wit1 in t1.e territorial area of the corporation.
I
(2) Each wards committee sf-all consist of-
c '"! (a) all tile coq~cillorsof tl-.e corporation represe~ting t;.e narc's wit!?in
i h-
the territorial area of tt.e warc's coxrmittee; and

- -
(ST-- >
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a - - --
-r*aI-,,,,,

ZETTE EXTTRk0RDINAI:Y 10:

Ire
--
(b) the person, if any noininated by t'le State Governmeilt under clause (3)
of sub-section(2) of section 5, if his name is registered as a voter within the territorla]
area of the warc's committee.
(3) The State Gover~mteatmay, after consultation with the corporation
from time to time, by notificatio.1, alter t:~ename, increase or diminish ttkearea of
any wards committee specified in the notification issued unc'er sub-'sction (I) ".
13. For sectioli 6-A of t:;c i919 Act, the follo~iilgse:tio 1 ,'la11 be su5stituteci, Substibution (

namely :- scclrlon 6-f

"6 -A. Co vstitution of standing Cornrnittees.-(I ) There shall be cons-

tituted by t3e State Governnieilt, by notification, such number sf Standing
Committees not exceeding three as may be speafied in the notification for tke
purpose of exercising such powers, discharging such duties or performing such
functions as the Council may delegate to them.
(2) The coinposition of Standing Committees and the method:of appoint.
ment of Chxirman aqd t'le term of oBce of members arld Chairman of Standing
Com~llitteesshall be such as may be prescribed.".
14. In tlie 1919 Act, sectio~s6-B, 6-C,6-D, 6-E and 6-Fshall beomitkd. Omission lot
~6Cti6ns6-B
6-4,6-D,
4-E and 6-F
15. For section 6-5of the 1319 Act, the following sectio<shall be substituted,
sectlor 6-C;. namely :-

"6-G. Election and term of office of of wards conrmittee.-

(I ) The Chairman of the Wards Committee shall be elwted by the councillors

of the Wards Committee from among themselves after each ordinary election to tfie
council in such manner as m y be prescribed.

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

( I ) for sub-section (I), the folbwing sub-section shall be substituted,C~namely:-

"(I) Subject to the provisions of tlds Act and the rules made thereunder, the Council
may delegate such powers a:ld duties as it deems fit to a Wards Committee.";
(2) su.3-sections (:);and (3);sliall be omitted.

"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.:'
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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.

18. Fire service^.^.

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;

(b) clause (45) sbc.ll be nmitled.

27. it; sc::tio.? o f t ie . 9 '! Act,-
(! ) i i sub-sectio.1 (' ),-
(a) the p r a v i s ~to clacse (a) ~!:all be c-nitted ;
(5) f a clrqi9- /.) i ;:luf:i 12the p r ~ v i s ot.,cret~,t:.e follo . ~ i # clanse
lj si.all .
suSstitutc.!, ..c~iilcl;:-
"(c) all t !e nz :15?rS af t !e Ta nil Na-1 I ; Legisl~tive4sselylbly r e ~ r e s e l ? t i I ~ g ~
50 17titue 13;11ssv iic'l co xprise wi~ollyor ,~artlyt' c ares o f t :c C O T P O C R ~ ~1.";
O
(r.) claure (, ) ;'.all be omittcil.

(2) after su.3-secti:, 1 (..), t'le follo v i ! sub.se.:ti~n

~~ s'-all be i -s:rt:: ',:;iamely ,:
"(2-!:) T3eacrso:sreferre.l t o i :sub s e c t i ~(~2i) s':allbee1titl6;l to t ~ k e p a r iil$t :
-
t';e i3rocee. i,,gs but shall r,ot Lave the 1-ig' t to vare in t'?e mezti.lgs of t1:e
couxil ".
28. For sxtio I 5 - 4 of t ,e .97 1 Act, t i e fall3 vil?g' se:tio 1 s ' sll 52 '~uSstit~te.1
nalneljr :--
" f -A. Co,~stitiltio/z 01 W a d s Co,l?mitt es. --(a ) !'here s',all
be constitute : by the Gmer ime.t, by >otifi~:ati~n, ~ a s ' l , I -15br of S,VI~-,I s
co n,:littcos co 11x-isi'ig ttccritarial are1 ,)f suzh ,,:I i ' ) ~ <ti' ~ ,. ~1.2s as :.la? C'S
~ ? e ~ i f i ~i 1, ;t h 3 . <)ti5 n f i n withi t .e t e l - ~ i t n r i qTrsn
1 I l f rfl cv-mr?fio 3 .
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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

merit of 32. In section lQ-C of the 1971 Act,-

(a) for sub-section ( I ) , 1 he following sub-WCIi( r ~l,r".llbe ~ubslilurrd.r.;.mely:-
"(I) Subj~ctto 1 he provi\ions c ~ 1fhi: Acl ;r d 'IIC rules ~rrdt.f h c c t d e r ,
the coullcilmaydeleg~tesuchpc~wel~~lid d~fies7.si t dwms fi toa WaidsCommittm~'r
(b) sub-sec'iono (2) a id (3) ch::ll b? olnitt1.d.

nt of 33. In seation 33 of the 1971 Act, in sub-sect~on(I), for thb expru8sion

"clauses (b). (c) and (d) ",the expressi~n."slauses
,.. (h) and (c) " 3hall ba substituted.

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

auses (b), (c) o (, )", the expression "clmsc (b) or (0)''

of the 1971 Act, in s ib se . ion ('I, for the expression

lor", t I : ewnr:r4o 1' elec lo 1 of Mayor or t 30 .pcil!Or"

.
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.
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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
I\ hicli C ,mpiisc: wholly or pi:rt ly the area of 1 hc Co~l~oration.~'
coiis~itue~~cics ;
(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
< & ~ ~ ~ s p b - s e , c'(2)
b o dot secfion 5, if $s n a r d iS kegisterea as a voter withili the
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
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TAMIL NkDU GOVERNMENT GAZETTE EXTRAORDINARY A@

-
"(1) There shall be constituted by the Government, by notific?.tion, such
number of Stahding Committees not excecdi~.gthlee as may be specifitrf i n
the notificetion for the purpose of exercisii,g s ~ c hpowers, djsctclglrg : L . C I ~
duties or pertorming such functions asthe c ~ u ~ cmayi l delegate to them.
(1-A) The composition of St ending Commiltees and the method of
appointment of Chairman and the term of office of members and Chairman of
Standing Committees shall be scch as_ may be prescribed.''.
4. <

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.

vacancy in t c office of tlle Chairman of the ,Waras CbG-

up in suc mannbr is dj? $ p@sm'lBixl and
Chairman elcqcd in any .such cash1 va~ancyshall 6dd off& o ly so 10%
as the person in uhose place he is elected wodld have been "cntitwto h6jd
h
office, if the vacancy ha+ not oqiirred. ".
47. lu sect ion 10-C of the 1981 Act,-
I

(;I) for sub-section (11, the following sub-sectioh ilia0 be substitute&,'

namely:-
( S:.!,jxt to the ],revisions of lhls Act and the rules, &de there
under, the Cor.r,cil may delegate suchpowers andduties ?sit derms fit to a W;irds
:
&lniuiit~~.:>
~
I

(b) \;I'J-\,CCI ; < , I ~(2)

s and f 3) shall be omitted.
.I:. 11: ,tti.l isn 34 of tlic 1981 Act, iri sub-section (I), for the expression
d (d)", the expression "clauses (b) and (c)" .,shall be
b .

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:-

to D1visiow.-Jn this Act, wherever the r-xpres-

^'j1 - A . Corarr liction of r~ferewes
<ion "Divi\ion.' or "Divisionsw occur lt shall be deemed to refertc the "Ward" or
"\vards" i . ~ \ i X:!ixly.".
51. I n seotion 59 of the 1981 ~ c t , i nsub-section (I),in the openingportioo,
for t hr: ex7ve'sion clause.^ (b), (4 (dp", the expression "clause (b) or (c)"
shall be 5 ~ :,t~
) ~uted.

2-A df t he 19Q.Akt. in sub-section (I 1, fm t th - ~ x & s s % ~

cillor", the exp~issioh6'election of Mayor or a Councillor''
f,lr
~ittie1hl~dt;itisa'$-seciioa(l),E~cl~vscta),fortheexpres-
I "

.
,tht: expression "as Mayor cr a Councillr~r" shall be substi-
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-,.
._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 ".
. ,
.

('

' PART Vfl.

Ah@NQMBMTS TO THE TIRUCHIRAPPALLI CIITY 'MUNICIPAL' CORPORATIOh
. AOT, 1994.

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-

((I) the proviso to clause (a) shall be omifled;

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TAMIL NADU GOVERXMENT GAZETTE EXTRAORDINARY
--- - -- ---- -- -
---- --
---
-
-- I P
109

(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)
I )i,o ~tho
( ') . ~ l l t . ri \ ~ ~ l ~ - s c c( ~ i following suhscct ion sliall be inserted,
ti.11114 I \ )

" ( 2 A) I'll(: I)crsc,nc r cfcrrcd to in ul!l>-\,ction(2) shall bc cntitlcd to taka

~ I I 1 I1 ) I 11,. 1" I ) ' I 1 slr 111 not h;~vc111crij~t~t
,111rj:'. 1,1tr t o V O ~ Ci n I hc m~xlingsof the
,4lkl l l < 1 1 ".
(Its <,rdcrof the Governor.)

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
%
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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 :-

ACT No. 26 OF 1996.

,jet t ~ tthe< t o an.lent! the l a w . ;elating tc the Mh11icipal;ties and Municips i

Col-pol ntic ns ir, tbc Stnte of Caniil N a d l ~ .

BE ~t L'II,;c~c(I bv t lie L e g ~ s l~~Vt C ~ s s e n ~ of

~ l the
v Stafe of l a m i l Nadu in the
r;,,-t>-C L C I [I1 Y c : ~~f tbc Re:wtlic cf Jndi? as fc;llo(vs :-
PART 1.
PRELIMINARY.

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.

.\.\I C X D AIENTS TO THE T4MTL NADU DTSTRTCT MUNIGIP ALITIES

AaT, 1920.
2 . 111 ~ ci o ni 43-C o f I llc TamilNadu District Municipalili~sAct, 1920 (hcrcin. Amend ment
attei t 111, par' referred to as t he 1920 Act), in the proviso to sub-section (2), for
111 of section43.
t lie ex!~scs\ion" shall not exceeci, one hundred rupecs ", the expression " shalll
not excecti three t houssnd rupees " shall be substituted.
3. TII section 303 of the 1920 Act, in subsection (2), cl?.~l.se(b) inclcdir-,g the Amendment
pr ovico shall be omitted. of section 303

IV 2 Ex, (443)-1 ( 145 )

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TAMIL NADU GOVERNMENT GAZE'STE EXTRAORDIN

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.

(By order of the Governor)

A. K . RAJAN,
Secretary to Government, Law Department.

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PRINTED AXU PCBLISHED BY THE COhlMISSIONER

-
OF STAT'IONZRY A ~ D;
A--
- _- ---
\ I ,I,,? ,A,
E H A L ' O F THE G O V E R N M ~ ~ N O
T F T.'\hlIL NADU.
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The following Act of the Tamil N?.du Legislctive Assembly received the assent of
the Governor on the 14th Februzr y 1997 znd is hereby published for genelal info1mation:-
ACT No. 3 OF 1997.

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.

(c) Section? 4 , 7 , P, l I, 13, to 20, 23,25,27 to 31, 34, 36 and 38 to 42 shall

be deemed to have come into force on the 27tb day of December 1996.
t'.
PART 11.
AMENDMENTS TO THE TAMIL NADW DISTRICT MUNICIPALITIES ACT,
1920.

Tad1 Nadu
t
2. 111section 3-C of thc Tamil Nadu District Municipalities Act, 1920( ereinafter Amendment
Act V of 1920 in this part referred to as the 1920 Act), in su b-section (2), clause (a) shall e moitted . of section
3-C .

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",

the expression "electcd as a ceuncillor of" shall bc substituted

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12 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY C

C

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 Toam Panchayst shall bold oficeupto the
Courtallam
30th day of June 1997 or for such shorter period as the State Government may, by noti-
6wtb~1,
specify in this behalf*'.
, .

, s PART 111.1
* AMENDMENTS TO THE CHEMNAI CITY MUNICIPAL 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
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.", - .
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

16. Section 79 of the 1919 Act, shall be omi'tted. 5 Omission of

,
, , . , < . ,. , 11 1 .=tion 79.
17. In section 80 of the 1919 Act, for sub9ection (2), the following sub-section Amendment
shall be substituted, namely:- of.Sqql, . .
mil Nad u Qn
YV.
. I

~ 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.
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t4 TAM% NADU GOVE3RNMENI GAZETTE EXTRAORDINARY -,

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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.
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TA MTL NADV GOVERNMENT WZETZrE EXTRAORDINARY I6

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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.

AMENDMENTS TO THE COlMBATORE ClTY M UNlCIPAL CORPORATLO1.i

ACT, 1981.

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:th with and hold
oftic; !)ill! ~.)l:)iig:IS the pxson inwhose place he is elected would havc 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
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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.
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I TAMIL NADU GOVERNMENT GAZETTE PXTRBORDINARY 17

- - A --- -- -- --- -- - - -

AMENDMENT TO THE SALEM CITY MUNICIPAL CORPORATION

ACT, 1994.

T ti>,I \,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.
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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: GJVXII?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
. ., ' . ' ; 1 :; :;(' J ".!: , :: - ) ,,I :. ,? 3 -):.::i \ 1
- (:12>s>,r:2i: iil tilis sectlons 99, 100,
L:?, \.j
- ,. .,' . .,
L ,
,
.' !): 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.
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--
-Pr -_Ce
-.

(3) Tn the case of reassessment or general revision of any property t<\xlevi:ibIe,

under this Act, thc owner or occupier of any building or land shall furili\h t o the
Commissioner within such ti~neas m3p be prescribed, a rzturn in such r :-, ; ci. 11.
--r I

taininy such details as may be prescribed for the assessment of property t . ~S L I C ~ T

building or land.
(4) If any ,.rner or ccc1:rier of any building or lan{I fzils to f r r i i i < ' i .; return
as required under sub-sectimt (2) or sub-section (3) c r firlnishes an inccri7l7let~(11
illcorrect lecurn, the Commissioner o r any person authorited by him in t1:iq behalf', i
shall cause an inspection to be mrde and also to m;,I e such lc cal cnqkllriesas
may be considered necessary, :?,lid based cn such i sptcticn ant1 i ~ i nnation f ~
collected, shcll prepare a ret~rn and z ccpy cf the ret~rrnshrll bc firr~~i\llcd to the
owner or occupicr of tllc b~lildint:c,r land.
(5) On receipt of a return under sub-secticn (2) :r sub-secticn (3) o r 012
the basis of the return prep:i,rcJ by the Coinmissicncr under sub-secticn (4) and
after consideri~tgthe objecticns, if any, received, the Cc lr missic ner sh: ll determine
the tax paydble in uccord;ulce witit tile proiisicns c\f 1111, Act and ~ i ~ s ~a dl l nn
intimation to that effect to the pcrson concerned.
(6) For the purpose of assessment of property tax f ~ 2ny
r building or land
in the 'City, the Commissioner c r any officer authorised by him in this behalf may
enter, inspect, survey and measure any building cir land, zfter giving due notice
to the owner or occupier before such inspection and the c wner cr ccc~ipiershall be
bmnd to furnish necessary information required for this putpose.
(7) The property tax on building and land shzll, subject to the prior payment
of the land revenue, if any, due to the State Government therecn, be a first charge
upon the said bvllding or land and upcn the movable property if any fc.\*ndwithin.
or upon such building or land and belonging to the perscn liable to pay tax.. j. .
100. Minimum and maximlrin baasic property tax, cldditional badsic projwrtj
tax, etc.-The State Government shall prescribe the minimtam and the maxinlunr:
rates of-
(a) basic property tax for fhe building or land having regard to-

(i) the:existing prc.2erty tax ;

(ii) the value of the building and land ; and
(iii) the use of the building ; ..
. .
(h) additional basic'property ttk for every bvilding hzving regard to--
(i) thelocation of the .building ;
(ii) the type of construction of the building ';
(6) the concession with regard to age of the building

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.
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GAZETTE EXTRAORDINARY
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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) ;

(C) rscds rend streets in piii,l,:rily rcr;de:lii-,I ~ c ~ l ~ n i c s .

(c) b ,;;,!; 12tdi..l! L.: ~ l ; ~ ~ s i f iillt~j
c F I;,,:
The type cf coil trt..c~i.~:l c + J different
:~C:.P- ~LJJLWS,nariiely -

~
1
(A) thatched ant! tiled r w f ' ;
f B) reinforced cc ncrcte, ce~nentrci f ;
, ,
I

(C) reinforced co ilcrute cement rcof with ~ n c s ~flcoril~g

ic partly cjr fully, ;
I
(D) granite, cereinic tiles z ~ t dmarbic 2 c c ring and walls p ~ r t l yor fully.
(i;i) A concession o 1 the I?.sic prjpeltj '.::c ;!~c!l bu :.llcwed in c.lculating
!he p I , pc. ty L:1x having reg1.r 1 I?thc 7-gc c f Elr: b.>i!d ngl i;l slich mclliler cs may be
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.

I 13) 'T'l~c?rc perly tax shall b s c:.:c1~!.~tcd c.; C- ;l;\vs

ii;) Firstly, tile 5..s;c pr::>ci.ty tax f;s 2 LiliiLiil:

:-

shell be c?.lcinisl.ted at the

A-c:ielirec' by the csu ncil ;

(4) Sccon lly, the ~.ci(litic;nnl

b.:sis px,p<;s~yt : f,:- ~lc l b:.ilding
~ shall be
*.~lcill,:lcil: 1 tlic rate fixcr! by the Ccu;ls,i '#:l(i ~ . ~ i c i cio
l t l : ~b.isic pro-
perty tax so arrived at uilder elavse (a) ;
(c) Thirdly, on the q~anturn of amoun! 2sii )rcCi at cnc!~r C:L~U:.CS (a) and (b),
the conc~ssionhaving regad t o the age of the building at th:: rate fixed by the
couccil sllzll bo dsducted and th2 amount so a:rived at shdl bbe the propertytax
payablc in rcspact of any builcqingfor every half-year and shnll bc paid by the cwlier
or occirpier of such builr'ing tiithrn the half year period.

:* , ~ 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:

I-"rc\vid.d that in the case of any Governnlcnt or railway building a concessio~l

il.111 I,,: ails.\s:d it) calculating llze property tax in sucIi manna as may be Prescrlbea.
(3) C~~n~nissioner :,hall issue a property tax book containing aII the
J:rnils of 1.13 b.rilding or land and the property tax payable in relation to such
!>llildiiz: or laad In such form as may be prescribed. i
(4) Where there is any vacant land without an] building situatdd within the
Lity limit, the Coinmissioner shall determine thc prop( rty tax payable for such I
I
arncnnllalltl at the rate fixed 1,y the Council.

. q -
I 3
-d 3 -

3 3 ) ---2
. i
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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.
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TAMIL NADU GOVERNMENT GAZETTE E X ~ R A ~ R D T P J A R Y
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333;
4

(2) On vcriiicatioil of the return filed by the owner or occupier of the

building or land ; . he issue ,f the property tsx bsok. the Commissicner may,
if he is satisfied t I + , he owner c r ~ccupicr wilfully filed false return, the
Commissioner m2.y cause rezssessme~t of srch prcpcrty and direct the own+
or occupier to ply. in addition to the tax assessed, by way of fine, a Pltm which.
shal be one hundred percent c f the difference in the tax due :
P ~ v i d e dthat no fine under this su b-secticn shall be imposed unless the b
-
o r occupier affected has had a reasoirable opportunity ci' showing cause a#&
such impositicn. 1i
1
107. Ta.uatiorz Appeal? 7riblmal.-(I) There shall be one or mo* Tajca&&
Appeals Tribunals (hereafter In this section referred to as "the Tribunal") fbr tli\t
wrp~rationfor hearing and disposing of an appeal preferred by any person aha
is not satisfied with the assessment order m.?.de by the Commissioner vnder this
Act other than the ord1:rs relz.ting to the transfer duty.
(2) The Tribunal shall consist of a Judicial Officer who is or gas beea a:
Civil Jvdge (Se13iorDivision/Clrief Judicial Magistrate).
(31 The terms and co~zditlon.of the Trib~lnalshall he such as may be deter-
n~incdby the Governmel?t.
(4) The salary and other all~wancespayable to the Tribunal shall be borne
froin the funds of the corporztion.

( 5 ) No nppeal shall be entertained by the Tribural unkss the appellant

dep~sitswith the corporetion the entire ?mount a s assessed by the Cornmissionw
in the revision.
(6) ii) Every appeel filed under this sectior. shall be entered in a n g i s t e
mintained for this pu p o s e by the Tribunal.
(ii; The Trib:~nal shall give to person filing an appeal a written n o w
specifyillg tile place, date and tima of hearing the appeal. r g:3L .,

(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 *

be suppliccl hithin ten d ~ t from

s the date of passing of the order to the appellant.
(vi) T l ~ c cuccqs anlsulit ,:f tnx is available in viev; of the orders of the
T~,bu oul w ~ l l0 3 udjus[ccl by tkc Com~~~issioncr for the property tax to be collected
in future.
(7) AII :rppz ~1 agli.~stthe c ecisibn of the Taxztion Appeals Tribunal may
be filed within lllirty days from t l ~ cdate cf the order to the Di'strict J~dge.
(8) No allpeal shall be entertained by the District Judge unless the appellant
dep2sits with th:: c :rp31ation the entire amount cjf tax zs decided by the Tribunal. I

(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-

(1. 111 Scl~,:tlulcI V to the 19 9 k t , Parts 1-A and V sl~allbe ornittad* ! A~endmentof
Scheduto IV.
 LatestLaws.com

PART ITI.
AMENDMENTS TO TI-IE TAMIL NADU SIISTKIC'~MUNLCJPtiLI~IES
I
ACT, 1920.
lbstitution of 5. In the ~ a r n iNadu
l District rdunicipalitie; Act, 1920 (herectfter in this Tamil Nadu
sections 81, Partreferred to as the 1920 Act), for sectio~ls81, 61-A. 42, :r3, 84, 85, 86, 07, 88, Acr V of 1920
81-A,82, 89, 90, and 91, the following sec!ions shall bo substituted, ilalnely :-
83,84,85s 86, .
87,88, 89, 90
and 91.
"81. Levy of propertjtax -(I) The property tax shall be levied on cll buildingS
and lands within the Municipality.
(2) (a) In relation to any b:~ildingnewly- c~nstrl:cted or wllcre ~ n addition
y
dr alteration has been made to any existing building, the G wner or cccupier of such
buildings ;
(b) where the title of any b~ildingor land is trm,fc:rred, such transferee ;
(c) in relation to a n j b ,ilJing or hnd, in tile evc ~t of dc?.tii cf tile person
I
Mmarily liable to the payrneilt of property tnx, the perscn Gn whcm the pr~perty
is transferred,
shall furnish to thr: executive P,. thot-ity within suc:~cletc es mry be prescribed, a
return for such b.iilding, or l:?i~dosntainiug s!lch detr.i!s 2s m:y b o prescribed
for the Gssessment or reassessment of the propcrty tax to the said bii2di;lg cr land.
(3) I n the cl.se of re !ssessmciit or ge:lcrel revisicn cf any ps~pertyt9.x leviable
under this Act, the ow;l?r or oc:.~picr of zrly b-~ilrlingc;r I.:nd sll;ill f',.r~lishto the
executive authority within slrc:~ti~nct.s lacy be presciihsi, a re.t:nl in s ~ c hfcrm
containing sue11 details as 1n?y b> ~rcscribedfor t l ~ c,-.ss-,s.ms,~t, f prcpcrty to srch
building or lane.
, (4) If any owilzr or occuyi(:r of ally b~lrldingcr 1,:x fi:ils to Lrr!lislt a return
as raquired under sub-section (2) c r sub sccticn (3) ;r f:,r ~is!lcs c.11 incsmplete or
incorrect return the executive ,.u:hority cr any perscu ;.t,~i.c ,,sec'c b iA.l ir this behalf
shall cause s?n inspection to be 9;-.de 2nd ~ I s oto make such local cnqt.,iries as
may bo considered necessary, a i d blsed on s.;cil inspe,:ticn c11d infcrnlation
coKected, shall prepare z retu -n xzd a cjpy of tile rciarii ,h,-.llbc f:;!-!iisl~cd to the
6W11er or ocsqier of the byillling or land.
Ibliil
&J -
(5) On receipt d a rek~ruunder sub-secticn (3) c r scb-sccticn (3) cr on
the basis of the retunl preprcd by the ex.=cu:ivctutl:irit;. . ilder st,b-s~;c'it,n (4) 2nd
after considering the objeziior ;:if any received the cxecutiv : r..uthr,rity shzll dcterlnlne
. tax payablr: in acc.srdc3itcs with the provisic~lscLr tkis Act i.~ldsl;,,Il :end an
,the
Intination to. that effezt t3 :,ha persoqconceriied.
d
,, 1 . L r Ic.nd
(6) For the pulrpso cf assezsment c f prcpcri:' t?,-.x _ r :: y u .I,(!..:,:
.r

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

j r on b~ilding2nd lend shr.11, s.: ;eel :s tho pri. r p;ynlolt

'of the land reven7;a, if any, due t~ the State Go~ernrne~li llercon, be 2 first. cllarge
upon the slid b~ildingor l ~ n d:l.~~cl up311 the m-:vable pi., )eri:r if ::ny fg: ,;nd withill
o r upon such b:~ildingor r.1-d bcloilging to the l>cia:: li:.blc 10 p :)I t;,s.
; . I .-
L- r

82. Mirzinzl~.~~
~~x!;zn
r:~~.ui:~z:~n?b n j c property tax, md['i'ti:nal b c i c y, opc, ty tax,
etc.-The State Governmei~t shall prescribe the minil lurn and the ~ i l o s i m ~ ~ l
rates of-
, - (a) s i c t :: t i i n r I . . 1 , . I , t --
.: (i) the cxistin,o 2rcp:rty tax ;
(ii) the vnliie cf t,hc S~rildingand, land ;a: d
5)I;c U S L . . t:lc b:.ild;ng;
. f 1 -,-
.2Y&Tw,--
- :*.-
e=; ---
",.L.,
"
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

-- - ,-.-- -- --- ------
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? ;

(c) the concession wit11 regard to age of the b ~ i l ing,

d
53. Determimlon of bvsic y~operly tax, additional basic pro erty tax, 'etca
by . ~ u r ~ i c p acoztncil.-(1)
l f'
The basic property tax, the additions basic property
tax and the concession, if awj, with regard to the agc., for every building or land
shall be determined by the m ~ n i ~ i p a l e ~ usubject
n ~ i l to the minimum and mvximum
t a m prescribed by the State Government under section $2.
(2) The Municipal council sltall notify the rates determined under scrb-
iectloti (I) and such other particulars 2nd in such rnanner as may be grescribed.
(3) (i) (a) The basic property tax for every building shall relate to the carpet
area of the buildi,lg and its usage :
r
1-1 .,Provided that the carpet areaof any building shallnot inclrde the open verandah,
open court-yard c ~ rany other open space which is not enclosd.
, (b) The c:lassification of the building for the purpose of deciding the tisage
nf any bGildin:: shall be residential, commercial, industrial or any other classification
as may be prescribed. '
(ii) (a) The additional basic property tax for every bvilding shalljrelate to
location and type of construotion of the buildiug. .: .
(b) For the purpose of this clause, theylccation of the;l>uilding shell be
classified as fouo ws .-
(A) arterial roads, brs-route roads leading to arterial roads ailcl . i.l;,l
roads ;
(B) b,~s.routeroals other than thcsz specified in ite~n(A) ;
(C) roads and streets in primarily residential colonies.
(c) The type of construction of the building sltall be classified intc di5'er'erel;t
g o u PS as follows, namely :-
(A) thatohed and tiled roof ;
E

(B) reinforced concrete cement roof ;

;C) reinforced concrete cement roof with:mGsnic flooring partly or f~lly ;

(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

\ 2 ) rile j?roperty tax shall be calculated as fcllows : -

( ( 1 ) Firctly. the basic pr :perty tax for a building slx.11 be calculated at ' the
r'lre Iiucd by tllc nl~l~liclpal coliilcil ;
(b) Secondly, the additional b?sic property tax for such building shall be
calcurated :11 tile r.ltc fixed by t4e manlcipal council i i ~ ~added
tl to the basic pro-
port)' t : t X ' c r n 1 l lvcd CLIiiilUCl c i . : l i s ~ (([) ;
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PART 111.

. AMENDMENTS TO THE TAMIL NADU L'IST~ITCT MUNLCIPALITIES

ACT, 1920.
iubstitution Of 5. In the Tamil Nadu District rdunicipalitie; Act, 1920 (hereafter in this Tamil Nadu
sections 81, Partreferred to as the 1920 Act), for sections 81, S1-A. Y2, b3, 84, 85, 86, 87, 88, Acr V of 1920,
8l-A, 82, 89, 90, and 91, the following sections s h ~ lbs
l substituted, namely :-
83,84985, 86, '

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 ('
;

,,.tA, .i' ~ i person

l ~
I
primarily liable to the paymc,lt c.t property t ~ x the
, pers 11 cn whcm t!:e prc,perty
is transferred,
shall furnish to ths cxecutiv~?,. thority within such dztc i.s 1ncy be pl,eicribed, a
return for such b.iilding or I.! ld c..)ntainin~ such detr.i!: :<s m:.y bs prescribed
for the sssessment or reassessnlent of the propzrty tax to rhe said b.:ilili,>g cr land.
(3) I n the cl.se of re:.ssessment or ga:ierel revisic~ic ' sny pr;ne;tg tax levisble
under this Act, the o w x r o i os;.ipior of zny b-~ilding0 1 1?,11d shsll f rllislz to the
~ x e c ~ t i vagthoritjr
e wiGlin soch ti~nces sany be pres,-;i'uv.$',a rett:rn i11 s~icilfcrm
containing such d4tdils 2.s m7.4b> prescribsd far t:~c.zs;s ,mcnt cf prcpcity to svch
building or laniq.
(4) If any ow:lzr or occ~picroi'a:ly 1 ~ ~ ~ 1 cl rd Ii;.naca~ fr:il: tc L21.!1lsi&a return
as r.iquired under sub-section (2) c r sub-sccticn (3) ir f:,r :is!~cs 2.n iilscmp!cte o r
I incorrect return the executive au Ilcrity ( r cny pcrscn r,~ithcriscci by ICil-.l i i this behalf
shall cause an inqwction to br: !ii:do :l.i~.l ;;Is3 to 1,1;1~1. such l,c,:l cnq, iries as
may be considerad necessary, alld blsed on svicil inspc:ticn cnd infcrlnation
collected, shall prepare r retarn and a cspy of t!ic rc:::r~i .;l:.Il be f.,~..~i~!.cd t~ the
6~11eror ocss~pierof the bl Ild iilg ci.land.
wj .
F113il

(5) On receipt of a rct:rnl under s:lb-secticn (2) c sob-sceticn (3) c r on

the basis of the retulil grepzred by the ex.=cu;ivcs.~fillcrity: , ~ ~ ds~#b-seclicn
er (4) and
after considering the objes:ions':if any received the cxecu tiv :z-uth3rky sl~alldetermine
. tax payable in acmrdance with the provisic~lscC t!:i\ Act a d ~I-~::llsend an
, the
intimation to t!ict c3c3t t 3 tlic person c::?lcciilcd.
1s

cssessmcnt c f prcpcrlg tzl: r c g LL,iid:.:~ c r lend

;'.

authiiify or zny c Pilccl. ,;~tll~risecl by iiuil in this

s:;rvey and meas~rreany b:lili in!: or 1:?1ld,r-ftcr giving
occupier before sir sh inspxti 1n i l l d t l ~ cow:lcr cr cccu-
necessnry infsrmc?tion re2 'red fcr tki; p~,rpc se.

is?of the land

'(7) he p r a ~ c r t y:t cn b.~ildinaand 1r.nd ~11~11,
s?:: 'sct ts tilo pii. p:.ynlellt
rev:-lrrs, if 2ily, d:le ta the State Governn~c~~t tt'1%rccn,be firsv cllarge 2
r

'upon the s3id b~ildinl:cr 1:xnd ::nd upz~nthe rnnvable :?ii,lerl:l if m y C~:,;nd wjthin
i.1
L-- 4
-
o r upon such lx~ildingor l2ed rand belonging to tlie peij 2: litlble lo pzy t:c.
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 .

(i) the cxisdng pcporty tax ;

(ii) the vva!uc tf tile bsild ing and-!and ;a: d
- .
(iGj t h e use of the bl-iltling;
. .-: ,. ."?,
.-. . --fl---.-'
,-TL-*'P"9F"a---':-,..,.-..- -
' .
! 7 T11L12' 21iZ2&I.-
-
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TAMIL NADU GOVERNMENT GAZETTE E 3 'IF k C F I.P P F Y 337
---- - - -- - ------ d
-7

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 ~ ~ ~ilai l nl g~ ~ ; : n ~ e n the
t,
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.

89. Tuxation Appeals Committee.-(1 j T b m shall be a Taxation Appeals

C(.rurnittee hearing and dsposing cf an appeal preferred by a fly perfon who is
fol

I W I satisfird 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.

( 3) ,in :~ppealagainst the decision of the Tax:.tion Appeals Committee may

I): tL \\Gthin thirty days frc m the date of the crder to the District Judge.
(4) No ap ~ 1 shall 1 bt: entertained by the District Judge, unless the appellant
.-,.dep 'hlk'i wi~1ithe town palicltayat ur municipality, as the case may be, the entire
.L?~>, [ # n to f tax as decided by the Taxation Appeals Committee.

( 5 ) Where as 21 result of any order passed in a11 -z,ppesl my r.mcutlt already

clcl?i,.ited is in excess of the tax due, the difference, after deductmg the tax due,
shall be xljusted towards the tax, and fine due, in respect of any other period, by the
~~lt~nicivality.

( 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
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- -__.I___I__- ---- - -- --
Is

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.

12 1. Minimum and maximum basic propsrty tax, aoIditiona1 basic prowly

U 1
t a x , etc.-The Government shall prescribe the mirimurn and the maxi,,lum
rates of-
(a) bane property ' ax for the building or land having regmd tc -
. . existkg
'lj the . property tax :
(ii) the value of the biilding and land ; and .
.Six the u& of the buildinS-:;?l"
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I N ADU GC VERNMENLr'GAZETTE EXTRAORDINARY
T .1IIL 839

I J 1 :I I .I >:.sic ,)iL;p2rty tax fur ddiiciittg haviiig

~$LA). i2gdia 2 J -
(I) tale 1 ,c,:ticn of the building;
( i ~ ) tile type of ccnstr~ctionof the buildil~g;
1;1!1 Madu Act
" if 1971. (c) tho ooncession WI th regard to age of the building.
122. Detert?tination o ' busic property trr.u additional basic property ids, etc.,
by coinzc~il.---(1) The basic property tax, the additioll~lbasic property tax arld the
concessi,:~~, 11' urith regard to the age, for every b~lildingc,r land shall be deter-
GLI~)~,

mined by the council subje~tto the minimum and nlaxirnur~irates prescribed by

the Goverilllient ~lildersection 121.
(2) The council shall notify the rates determined vnder sub-section (1) and
such other particulars and in such manner as may be prescribed.

(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. ,

(c) The type of construct!on of the buileing shall be c!r.;sified illto

different groups :is fotlons, namely :-
(A) thatohed and tiled roof ;
(B) reinforced concrete cement roof ;
(C) reinforced conzrcte cement roof witlj mosaic flooring partly or fi-lly ;

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
t ~ I,, tlie c, uncil .
. ~ :,,,,I

(11) ;c~,>,lrlly. pcrty tas li)r such b u i l d i ~ lshall

the :ldditiolial basic p r ~ ~
. ilck41.:r,.t~ r.~tc fixed by the council tlnd trdcled to the basic prcperty tax
, t
'
.~derc l e ~ l z c(0) :
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340 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDlhAKI
--- -- - -- - -. -
1

(c) Thirdly, on the ui nturn of amount arrived at under clau\eb ((',I ' 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.

124;.General revision of propert:? tax.-The general revision of the astsbnlent of

property tax in relation to the building and land situate^ within the City liniit ,hall
be made from such date as the Government may, by notification, appoint.
The Commissioner may reviw the property tax in accoiaance with tho provisions
of this Act and tlld rules nzade thereullder :

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-
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I AMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 341

- Provided that ncthing containod ;n tlauk:, '.I), (c) and ( e ) shall be

doe !led LC, e x e ~ ~any
p t building or land frc3in propoi-ty f . 1 ~ I f I hicll ror t or s e r v i ~
charge i u payable by th5 p\!rson or per,ons uciilg the salnefor the purpcres roferrod
to in the said clauses.
126. Po~wr. ro ,.z:tifv error rtpp ti-ent onthe fkcz of' the record.- (1) he
Co 11 izisioner may, on his own mction or oil an application iiiade at any time
within \ix months fro:n tho date of any order passed by him, rectify any error
app~ironton the face cf t hc record:
Providod that no such rectification which has tbe effect of enhancing an assess-
ment, cllall be lnade unlm. such authority has given notice to the assessee and has ' 2 ,

allon rl III~II 3 reasonable opportunity of being hoard.

( 2 ) Wh;m sucll leciific-itiou has the ofict of r$ducing an assessilleut, the
exceqs r , , ~ o ~if~any
n t paid by the assessee shall be ad~ustedtowards auy tax that
111a4 n&rkle In future.

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 c ent cf the difference in the ti1.x d18e :
~ I l ~ t be

Provide:l that n o fine ~inderthis sub-secti~nshtlll be imposed ullless the owner

or occupier affected 11::s i~ d a reasonable oppcjrt~~nity of showing caL1se against
such i~llp?sition.

I 2g. T[~.unr,;o/l4pl7caI~Tribunal.-- (1) There shall be one or more Taxation

Al>pe.il?;Tribu::als (h.-r-aftc ill this section referred to as "the Tribunal") for the
corporation for hearing and disposing of an appeal preferred by any person
who is not satisfied with the assessment order ~l:.de by the Commissioner vnder
tllij .ict other than the o r d m relating to the transfer duty.
(2) The T'rih~lnalshall consist of a Judicial Officer who is or has been a
Civil Judge (Senior Divisioll/Chief Jlldicial Magistrate).
(3) Tllc t4:rnls and ccnditions of the Tribunal shall be such as may be deter-
111ii~c.tl hy tllc C overnment.
(4) Tile salary and other allowaltces payable to the Tribunal shall be borne
fro111 the funds of the corporation.
--v
.-; (5) No appeal shall be entertained by the Tribunal rnless the appellant
deposits with the corporaticn the entire amount as assessed by the Commissioner
in the revision.
(6) (i) Every appeal filed under this section shall be entered in a register .
nu~~ntainedfor this purposo by the Tribunal.
(ii) The Tribunal shall give to persort filing an appeal a written notice
specifying the place, date and time of hearing the appeal.
(iii) The Tribunal shall dispose of the appeal within five months from the
date of filing of the appeal.
(iv) Any person preferring an appeal may either appear in person or
i h r o ~ ~ gan
h avthorised asent before the Tribunal.
(v) The gist of tho order passed in an appeal shall be recorded in the
regi~ter\vhicll shall be duly attested by the Trib~lnaland a copy of the order shall
be supplied within ten days from the date of passing of the order to the, appellant.
fvi! The excess am Junt of tax if availabl: in view of the orders of the
Tribullal :iill be adjilsted by the Commissioner for t le property tax to be collected
in Cutu~,c.:
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(7) An appeal agzinst the decision c f t%e tax^ l i n P.ppe?.ls Trlbi.:l.-I inay (
a
I

be filed within LA.'-+lr days from the date of the ~ r d e to

r the District Judge.
(8) No appeal shall be entertained by the District Judge unless tile appellant
deposits with the corporation 'ille entire amount of tax ;LSdecided by the Tribunal.
(9) Whereas a result of any order passed in :.ppeal, any amoutl' already
deposited is in excess of the tsx dve, the difference ~ f t e rdeducting the tax due
shall be adjusted towards the tax and fine due, in res.>ect cf any other period,
to the corporation.".

Bmaadmant of 8. In Schedule 1I;of the 1971 Act, Parts I1 :and V sl~allbe omitted.
Schtdole n.
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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.

122. itlir~ilt~llnrand rilaximum basic property tax, additional basic propert)

tax, elc. The Government shall prescribe the mi~~lrnurn and the. @rlmtlm
rates o f
property
r ~ r ) ,);~.,ic tag for the building or l a ~ ~having
d r e w d to -
1 '
1 lil the v ~ l r eof the bvilding and land : and , , ,.
(114) 1111: I ~ ol'l110
C 1111il(Ii1bg , .

otrp) AV ? 1 (5x3)- 5
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(b) additional basic property tax for every buildii~ghaving regard to --

(i) the location of the building ;
(ii) the type of constr~lctionof the building ;
! + .
(c) the conoessiolr with regard to age of the building:'

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 ;

- . . flooring partly or h lly ;

(C) r&nforced concrete cemeut roof with.mosaic
(D) granite. ceramic tiles and marble -flooringand walls pal tly or fvlly.
(iii) A concession oil the basic property tax shall be allowed in calwktiqg
the property tax having regard to the age of the building, in such manner as may bet
prescribed.
-
124. Auessmtt and calcvlat~ono j pmperty tax. (I) For the purpose of levy
of property tax, every building shall bc assessed together with its sib and
other adjacent premises omvpied as an appurtenance thereto :
Provided t4at no building which has been mnstn1cted in contravention of the
bvilding nibs niade u ~ d e this
r Act shzll. be assessed to property tax.
.-
(2) The property tax shall be calculated as follows :-
(a) Firstiy, the basic property tax for a br~ildingshall be c~lcrlatedat the
rate Gred by the covncil I
(6) h n d l y , the additional basic property tax fbr a& brilaia rhal I*.
Wculatedatthentefbd bythe 6 r d a n d . d d r d t o thebadcpopcny(~m.
M at uadcr c h s e (a); -
h
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(c) Thiidly, on the quantum of antount arrived at under clauses (a) and (b),
the ccncmsi~n hzving iegard to thc3 age uf the building at the ratc fixad by the I
Counci lshall be deducted and the *mount so arrived at shsll be the property tax
payable in rcsp.,ct of any building foi every half-year and shall be paid by the owner
or clccuyier of such building within the half-year priod.
Exp1lancrtion.-For the purpose of this sub-section. the explession "half-year"
c day of Ap;il tc tho 30th day of Suyto~iiberand from the 1st
shall be f ~ ~ . . l . t hIs1
day of O c t ~ b ~t ur he jlrt day of March of a year :
Providci, that in the case of any Governiltent or railway building a conoession
shall bt. adow,xi ia calculating the prorerty tax in such m?nnel as may be prescribed.
(3) Tin Coixmi~sicllershall issue a proparty tax book oontaining all the '

details 01 tl:c buildilig or land a td tho property !ax p ~ y ~ b l cin relatior!

to such buildtt~gcr land in such forin as may be prescribed. ,:
(4) Wlwrc: tl~areis dl;; ;.:;,:rt !2qd witllout any buildlng situated withiu the ,'
city li::~it.tha Conunissioner shzll dotellnine the prowsty t ~ . x payable for sucb
vacant land at the rate fixed by the Council. /
125, CT.'neiul revlsiotr of pr oyc t!. tux.- The general revision of the assessment
of property tax in n:lation to the building hnd land situatcd within the City limit
shall be iuade frc 1.u such date as tha Governi~lent may, by notification, appoint;
The Co1.1rnissioner.rnay revise the property tax in accordance with the pro\~sians
of this Act a!ic! the rules made thereunder:
Provided that thore shall be e nintc rval of fiveyears betwezn one general revision
and anotho~ &en;.ral revision.

126. Gertet.al exe~~zptions.--The following buildings and lands shall be exempt

frc ln the property tax:-
(a) Places sot apart for public worsirip and a i t h ~ ractuaily so used or used
for no other purpose ; L

(b) cl~oultricsfor the occupation of which no rent is charged and choultries

the rent chat god for the o ocupation of which is irsed exclusively for charitable
purposes ;
(c) builc'ings lrscd for educational purpose including hostels attached
thereto and places used for the charitable purpose of sheltering the destitute or
aniiuals aild orphanages, honns and schaols for tho-deaf and dumb, asylum
for tl~eaged and fallen women and such si:nilar institut~ons run purely on philan-
thropic Iillcs as are a?proved by tho Council;
(d) such ancient mon~i-lonts protected under tho Ancient Monuments
Preservation Act, 1904 (Central Act VII of 1901) and spch ancient and historical
rnonuinents declared by or under the Ancient Monuments and Archaeologicpl
Sites and Remains Act, 1958 (Ccntr~lAct 24 of 1958) to be of national importance
a t d also sscb ancient monuments and archaeologicd sires and remains ~rotected
under the Tamil Nadu Ancient and Historical hlonuments and Archaeological
Sites and Renains Act, 1956, (Tarnil Nadu Act 25 of 1966) or parts thereof a.
are n.?t sod as residential quarters or public offlco ;
( e ) cliaritabls hospitals ar.d dispensaries but not including residential
quarters attach4 thcreto ;
( f ) such hospitals and dispensaries maintained by railway aclministmtion
as may, from time to time, be notified by the Government, but not lncludrng
residential quartorr; attached thereto ;
(g) burial. and burning grounds included in the book kept in the municipal
office under seation 404 ;
(h) the bed of any river or canal o r any river o r canal belonging to Government
and which dn n c l ?raside any income to the Government or any Governmeat land
set apart for recreation purposes or any other Government propwy being neither
building nor land from whio4 in the opinion of the Government any inyme m u
:
nc t be derivfxd,as m y from time to time, be notified by the Government - .
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fi6 . TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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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. ,

227, Power torectify errob. apparent on the .face of the record.-

(1) The Commissioner may, on his own motion or on an application
mada at any time within six months from the date of any order passed by him,
rectify any error apprarent on tbe face of the record :
Provided that no such rectification which bas the effect of enhancing an assss-
ment, shall be made unless such authority bas given notice to the assessee and has
.allo(Rdd him a reasonable opportunity of being heard.

(2) Where such .rectification has the effect of reducing an assessmept, 6 8

&ums amount if any paid by the assessee shall be adjusted towards any tax
that may accrue in future.

i
128. Levy ojJine.-(1) Where a p m n fails to pay the pioperty tax within the
time specified, the Commissioner shall impose upon him by way of ff ne a sum
a8 Gxed by the council in this behalf in amrdanoe with suohrules as mey be
prescribed.

(2) On verification of the return filed by the owner or ocoupier of the

building or land after the issue of the proyt.l~jLu,. t. :I, the Ccrr~rnissionermay,
if ho is satisfied that the 0 wner or oocrpier wilfully filed ialse return, the
Commissioner may cause reassessment of such prorerty and direct the owner
or' occ!lpier to psy, in adiition to the tax assessed, by way of fine, a sum which
shall be one hundred perZn1: of the difference in the tax due.
Provided that nc, lineunder this sub-section s b l l be imposed unless the owner
or occupier affected has had a reasonable oppjrtunity of showing cause against
such imposition.

129. Taxation Appeals Tribunals.-(1)There shall be one or more Taxat~onAppeals

Tribunals (hereafter in this section referred to as "the Tribu na1"Xfor the corporation
forhearing aad dispjsing of an appeal preferred by any person who is not satisfied
~ i t hthe assessment order made by tho Commissioner under thisr Act other than
the orders relating to the transfer dimty
' ! l'he I ribu nal shall consist of a JudiciJ Officer who is or has been a Civil
?
Judge (Senior DivisionlChief Judiciol Magistrate).

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
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(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

(By order of the:Governor)

A. E. RAJAN,
Secretary to Govetmmt, Law Department.

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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*
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TAMIL NADU GOVERNMENT GAZE(TE E X T R A O R D r ~ R Y

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A

Tlis following Aot of tho Tamil Nadu Logislativo P,ssenibly roceivod tho assent
of the President on the 21st October 1998 and is horeby published for general
information :-
I
ACT No. 34 OF 1998.
A n Aet to amond the Tamil Nadu Municipal L \vs (Secol~d,+menJment-)
Act, 1937.
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the
Forty-ninth Year of thc Republic of India as follows :--
and I. (I) This Act nlay be called the Tamil lru'i-tdu Morliripal Laws (Second
!lIMnl Amcndn!eot) Act, 1998.

(2) It shall come into force a t once.

2. I n section 2 of tile Tamil Nadu Municipal L.aws (Second Amendment) Aet, Tamil N
1997 (hereinalter referred to as the 1997 Act).-- Act 65 of

(1) i n section 'l'9 proposed to be substituted i n the Cl~cunaiCity h4u11icipal Tamil Nadr
Corpo~atiorlAct, 1919 (hereafter in this section referred to as the 1919 Act) - Ct IY of 191

after sub-section (3, the following sub-section shdll be inserted, namely :-

('(5-A) In the case of failure to furnish a return under sub-section (2) or sub-section
(3), the Commissioner shall, in addition to the tax deternlined under sub-section (3,
direct the owner or occupier of any building or land to pay by way of penalty, a sum of
rupees two hundred and fifty, or five per cent of the tax determined under sub-seation
(5), whichever is higher. ";
I

(2) In sectiori 100 proposed to be substituted in the 1919 Act, for clause (b),
the following c;:~usessilall be substitute,', ~iamc1y:-
(6 (b) additional basic property tax tor every building with reference to its
I
location;
(bb) additional basic property tax for every building with reference to its
type 01 construction ;":
(3) in section 102 proposed to bc substituted in the 1919 Act,-
(a) in sub-section (!), the. proviso shall bc omitted ;

(b) for sub.sectlon (4), the followiug~ sub.scctions shall be substitu tec!,
namely t-
tg(4) (a) Where there is any land without any building siiuatcd within the City
ljmlt, the Commissioner shall determine the property tax payable for sucli land at the
rate tlxed by the council.

(b) Where there is any land with building situated within the City limit, and if
the extcnt of the la?d left vacant i s twice the plinth area of the building, the Commis-
sioner shall determ~nethe property tax on the vacant land which exceeds twice the plinth
of the building at the rate fixed by the oouncil :f

provided that no property tax on any land shall be levied under this sub-section if
the extent of such land with or without any building thereon, does not exceed two
o housand and four hundred squwe feet,

'
(5) The Council may, subjcct to such rules as may be made by the Ciovern-
men[. by notification, in this behalf, excln~tany building having a carpet area not
excrrding one hundred square fect, constructed with mud walls and tlratc.brd roof,
from the levy of p r o m t v tax.'t
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--------A

(4) after section 106 pro osed to be substituted in the 1919 Act, the follobing
reclion shall be inserted. nRme y :- P
a* 106-A, l?~lllaitiolk
1 : ~ -.TIN (Io~~licil
Intry lrvy cduc~\tiontnx within ils area, ill sucll
of tile properly tux ~nctin such Illcinncr HN 1 1 1 ~COIII~CII
rate not exceeding Hvc per cent
may determine. "; .
(5) in section 107 proposed to be substituted in the 1919 Act, in sub-
the following shall be added,
ection (8), after the expression "by the Tribu~~nl",
namely :-
~'andthe appellant shall continue to deposit the property tax with tho corpora-
tion as decided by the Tribunal till the disposal of the appeal by the Ilistl-ict Judge.".

L 3. In section 5 of the 1997 Act,-

23,
(!). in section 81 proposed to be substituted in the Tamil Nadu District Amandmen3
Mllnicipallties Act, 1920 (hereafter in this section referred to as the 1920 Act),-- of section 5.
a b sub-section (S), the following sub-section shall be inserted, namely:--
rr ( 5 4 ) In the case of failure t o furnish a return under sub-section (2) or sub-section
(9). the executive authority shall, in addition tc the tax determined under sub-section
(5). direct the owner cr occupicr of any building or land to pay by way of penalty, a sum
of rupees two hundred and fifty, or five per cent of the tax determiced under sub-section
(9,
which?v?r is higher. ";
(2) in section 82 prbpored to be substituied in the 1920 ~ c t for
, :lause (b),
the following clauses shall be suhsiitutcd, namely :-
d' (b) additional hasic property tax forevory building with reference to i t s

location ;
(bb) additional basic property tax for every building with reference to its tyrx
of construction ;" ;
(3) in section 84 proposed to be substituted in the 1920 Act,--
(a) in sub-section (I), the proviso shall be omitted ;
(b) for sub-section (4), tile following sub-sectians sball be substituted, narnc1y:-
1~(4)(a)Where there is any land without any building situated within the nlunicipal
limit, the executive authority shall determine the property tax payable for such land at
the rate fixed by the municipal council.
@) Where there is any land with building situated within the municipal limit, and
if the extent of the land left vacant is twice the plinth area of the building. the executive
authority shall determine the property tax on the vacant land which exceeds twice t b
plinth area of the building at the rate fixed by the municipal council :
provided that no property tax on any land shall be levied under this sub-section if
theextent of such land with or without any building thereon, does not exceed two thousand
and four hundred square feet.
(5) The municipal council g a y , subject to such ruIes as may be made by the
Government, by notification, in this behalf, exempt any buildi~lg having a
oarpet area not exceeding one hundred square feet, constructed with mud walls
and thatched roof, from the levy of property te x. ";
(4) after section 88 proposed to be substituted in the 192C Act, the following section
shall be inserted, namely :-
'g 88-A. Education tax.-The mun~cipalcouncil may levy educalion tax within ite r.
area. at surh rate not exceeding five per cent of the property tax and in surh nmnner as tbr
4 / munici~alrauncil may determine. " .j
3
IA h r p l TV-2 Ex. (623)-1 a -
- 1
-
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TAMIE NADU GOVERNMENT GAZETIX EXTRA ORDINARY
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1
(5) in s~otion89 propoacd to be substituted in the 1920 Act. in sub-section ( 4 ) .
after the expression "by the Taxation Appeals Cornmitt--e", the following sball be
added, namely :- I
'&andthe sppcl\ant shall continuc to deposit the property t8.x with tho town
panchayat or ~nunicipality,as the case mag be, as decided by the Taxation Appenb
Cn. -mittee till the disposal of the appeal by the District Judge". 1
Amcndrncnt 4. In sectiorl 7 of the 1997 Act,.-
-
'.
of o~:tion
(1) in scctlon 120 proposed to be substituted in thc Madurni City b;uaicipal i'firn
Corporation Act, 1971 (hereafter in this section referred to as the 1971 ~ c t ) . *it
after sub-sect~on(3, the following sub-section shall be inserted, namely :- 1971,'
1
I

~ ~ ( 5 - AIn
) the ease of fnilure to furnish a rcturn under sub-section (2) or
sub-section(3), the Com~nissioller shall, in addition to the tax determined under
sub-section (9, direct the owner or occupier of any building or larid to pay by wey of
penalty, a suln or rupees two hundred and tifty, or five per cent of the tax determined
under sub-section (9, whichever is higher.";
(2) in sectiotl 121 proposed to be substituted in the 1971 Act, fdr clause (b),
the following clauses shall bc substituted, namely:--
I

"(b) additional basic property tax for overy building with reference to its.
location :
(bb) additional basic property tax for every building with rcfereece to its
type of construction' ' :

(3) in section 123 proposed to be substituted in the 1971 Act,--

I"'-$

):( in sub-section (I), the proviso rhnll be omitted :

(b) in sub-section ( 2 ) , it1 clause (c), for the oxprossion "not exceeding thc
of guideline value", the expression &'fixedb;y the Ccuncil" shall be substi
tntcd :
(c) in nu b-ncction (4), the exprcsnion '*not exceeding the rnaxin:urn (*I guic:el;, I
v ~ l ~ ! e shall
" be omitted:

((!)
f a r su:J-33ctiun (4,the tollotvi~lgsub-sxtinns shall be substiluted, namely:-

rt(4)(a) Where there is ar~yland without nny building situated within the City linlit,
the Comn~issionershail determine the property tax payal~lefor such land at the rate fisecr
by the Council.
(b) Where there Is any land with building situated within thc Clty limit, and if the ,
extent of the land left vacant is twice the plinth area of the building, the Commissioner shall
determine the property tax on the vacant land which exceeds twice the plinth area of the
building at the rate fixed by the council :
Providea that no property tax on any land shall be h i e d under this sub-section ;f
the extent of sucll land with or without any buildi~igthereon, does not exceed two thous-
and and tour hundred square feet.
(5) The council may, subject to such rules as may be made by the Government,
by notitlcation, in this behalf, exempt any building having a carpet area not exceeding
one hundred square fdet, constructed with mud walls and thatched roof, from tbc
lu~yof propGrty tax.";
(4) after section 127 proposed to be substitilted in the 1971 Act, the folloainp
aoction shall be inserted, namely-
" 127-A. Education tnx. -Tne council nlcty levy tax within its area, at suob
rate not exceeding five per cent of the property tax a manner as the councilruay
determine.";
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~IILNADU GOVERNMENT G A Z ~ EXTRAORDINARY
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E 1el

(5) in scctio~l1213 proposed to be substituted in the 1971 Alt, i~

sub-sceliob (&),
atter the expres~ion'&bythe Tribunal", the followjng aha11 bc added, namely ;-.
'(and the appellant shall aontinue t o deposit the property tax with the aorpc!.ul icn
as decided by the Tribunal till the dis?oasll of the sppeal by the Distrist I u d g ~ . ~ ' .

5. In section 9 of the 1997 Act,-- Amendment

ot redlon @.
1 (I) in section 12L proposed to be substituted in the Coimbatore City Muuicipal
!orporntlon A t , 1981 ('lerc after ia this section referred to as the 1981 Ad),-
ifter sub-seclion (S), the fc.llowing sub-section shall be inserted, namely c
, "(5-A) In the case of failure to furnish a return under sub-aection (2) or aub-sr:ction
1 3,the Cornmissioncr shall, in addition to the tax determined under sub-section (9,
, dirtct the owner or occupier of any building or land to pay by way of penalty, a sum
of rupees two hundred and fifty, or fivz per cent of tho tax determined under sub-section
(5), whichever is higher.";
~ proposed to be substituted in the 1981 Act, for
(2) in s e c t i o ~ 122 clause (b),
the following clauses shall be substituted, namely:--
"(b) additional basic property tax for every building ~ i t reference
h to its
location;
(bb) additional basic pioperfy tax !or eicry building with reference to its
type of construction;":
(3) in section 124 proposed to be substituted in the 1981 Act,-
(&) in sub-section (I), the proviso shall be omitted;

(b) f o r sub-section (4), the following sub-sections shall be subst itute:l. namely i .

(4) (a) Where there is any land withoat any building situated within the City limit.
the Com~issionershall determine the property tax payable fcr such land at the rate fixed
by the council.
( b ) ' ~ h e r ethere is any land with building situated within the City limit, and if the
extent of the land left vacantis twice the plinth area of the building, the Commissioner shall
determine the property tax on the vacant land which exceeds twice the plinth area of the
building at the rate fixed by the council :
Provided that no property tax on any land shall be levied under this sub-section if
theextent of such land with or without any building thereon, does not zxceed two thousand
and four hundred square feet.
( 5 ) The Council may,subject to such rules as may be made by the Government,
by notification, in this behalf, exempt any building having a carpet area not
exceeding one hundred square feet, constructed with mud walls and
thatched roof, from the levy of property tax.";

(4) after section I28 prcnoaed to be substituted in the 1981 Act, the following
scction shall bc inset-ted, uamely ,-
"128-A. Education tat-The council may levy education tax within its area, at sucb
rate not exceeding five per cent of the property tax and in such manner as the council may
determine.";
(5) in section 129 proposed to be substitute4 in the 1981 Acb, in subsection
(81, after the expression "by the Tribunal'' the following shall be added, namely:-
"and the appellant shall continue t o deposit the property tax with the corpo-
ration as decided by the Tribanal till the disposal of t b appcal by the District
i ludp.".
4 --
--
 LatestLaws.com

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 :-

ACT NO. 51 OF 1998.

An Act ,further to amend the Laws relating to Municipal Corporations and

.kfunici)alities in the State of Tamil Nadu.
Be, it enacted by the Legislative Assembly of the St? e of Tamil Nadu in the
Forty-nlnt h pear c;f I he Rrpublic of India as follows :- -
PART I.:'
PKELIMINARY. II . ., ..
ci +,' ,.,'I !, !,, '" ;J.

1. (I This ~ cj may
t be callcd the Tamil Nadul a1 Laws (~medd: Short dt:e ord a

mtnt) Acr, 1998. c~im~tnce-

-\ :me&.
'. 3. shalt be deemed to have come into force onjhe
IT day of July 1918.
I
, :> PART 11.
AMENDMENTS TO THE CHENPT.41 CITY MUNICIPAL CORPORATION
ACT, 1919.
, 2. In the Chennei City Municipal Corporation Act, 1919 (hcreafler in lhis Part Amendment Q'
I keferred to as the 1919 Act), in section 129-A,- sectlon 129-A,
(a) for the expression "a tax calculated at such rates" the expression ''a tax
calculated at such rates having regard to the location, size, reach and nature of the
advertisement" shall bc substituted;
(b) in the first proviso, the following shall be added a t the end, namely :-
#'and in any case such rate of tax shall not exceed rupees five hundred per
s b i r e metre per halt-year".
3. After Chapter XI1 of the 1919 Act, the followi~gChapter shall be inserted, Insertion of
' 'namely :- new Chaptm
XII-A.
t r'CHAPTBR- XI1 .A.
?26-A. Definition.-In this Chapter, "hoardi~~g"mzans any screen of boards
at.any lace, whether public or private, used or intended to be used for exhi biting
"a'd\e&emcnt, including the framework or other support, erected, wholly or in part
'uponbr over'any land, building, wall or stxuature, visible to public wholly o r partly,
!qk t

326-B. Prohibition for erection of hoardings.-(1 j No hoarding shall be

,erected at any place, on or after the 23rd day of July 1998 (hereafter in this section
referred to as the said date) by any person without o btain~nza licence from the
Commissioner ;
3 (21, Every person who has erected any hoarding without obtaining a licei~ce
- ',, and whicb is in existence immediately befo~ethe said date shal! apply for a licence
in accordance with the provisio~sof this Chapter withill thirty days from the said
date.
,I
'326-C. Application for licence -(1) Every application for licence under
1

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
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LatestLaws.com

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-D. Powel tc cancel or suspend limpce. 4 1 ) Without ~rejudlceto any

other penaltltovhich the licensee may be liablc under this Chapter, t5e Commissjoner
may, at any time, by c~rder in writing, cn7rP' 9r su spend any licence granted or
renewed under section 326-C, if -
(a) such 1: cence has been obtained by fraud, mis-representation
or suppression of materiel paticulars: or
(b) tbc licerlsee has contravened any of tile provisions. of this Chapter or
the rules made thereuuder or any of the condi. ions subject to wlilch tnc lrcence was
granted.
(2) Before cancelling orsuspendilig a licence under su b-scction(I), the'
Commissioner shall give the licensee, an oppcrtunlty of making his representation.
326 E. Removal of unauthorised hoarding.-Any hoarding erected with-
out a licence !hall be confiscated and removed by the Commiss~oner,wit5out
giving any notice.
326-F.Removal of hoarding in cxtajn other cases. -(I) Where any
hoarb i@ is retained after the expiry of the licence or erected contrafy to the .condi-
tions of licence, the Commissioner may, by notice In writing, requlre the l~censee
to remove such hoarding within such time as may be prescribed.
(2) Where the hoarding is not renloved within the time s~ecificdin the
notice the Commissioner shall, without further notice. removs such hoardlng and
recover the expenditure fcr such removal as an arrear of land revenue.
326-G. Exemption. -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 la?d or building,
upon or over, which such hoarding is erected or to any sale or lettlng of such land
or bulldig or anyeffectstherein or to any sale, entertainment or meeting to be held
upon or in such land or buiiaing; 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 1:lnd or building:
Provided that the exemption under this sectiorl shall be subject to such
size and nature of hoaiding as may be prescribed.

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.".
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LatestLaws.com

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
the following clause shall be inserted, nan~ely: -
Part referred to as the 1920 Act) in section 78, in sub-section '1) alter clsluse (d), 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
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LatestLaws.com

178.
__- .
TAMJT NAD b 30VER NMENT GAZETTE EXTRAORDINARY
-- -
*-

-tr

frame-work or other support. The expression "sky-sign" shall also ~ucludeany

balloon, parachute or other similar device employed vholly or in part foi &hepurposes
of any advertisement upon or over any land, bui1du.g or structure or upon Jr over
any public place but shall not include-
(a) any flag staiT, pole, vane or weathi-cock, unless ad0pl.d or used
wholly or in part for the purpose of any advertise nent;

fibTided that such board, frame or other contrbvar1ceshall be of on: coldiflu~us

. face and not open work, and does not extend in height more ttiall one metre above
any part of the wall, or parapet, or ridge to, against or on, which it is fi,:zd or
J4% supported; or

(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

Exyl~natimIll.-"Public place" shall for the purposes of' this section,

mean any place which is open to the use and enjoyment of the public, ~lletheri t is
actually used or enjoyed by the public or not
Expbncltion IV.-In this Cha tek the expression "advertisement" shall
'f'
no;'ficludlude any :dvertisement publishe in any I ewspaper and advertisement b-aad-
atst by radio or telsvision.

107-B. Prohibition o j cdverthemlmts wirhout written permusion oj executive

authority.-(1) No advertisement shall, after the levy of the tax under section
107-A hastbeen determined upon in the mu+cipal council, be erected, exhibited,
fixed or retained upon or over any land, building, wall, hoarding or structure within
the municipality or shall be displayed any manner whatsoever in any place without
the written permission of the executive authority.
(2) The executive authority shall not grant such permission if-
(i) the advertiscment contravenes any by-law made by the municipal
council under clause (28) of section 306; or

(Tamil Nadu Act 2 of 1959).

1959.u
C

md w
 LatestLaws.com

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 :-

@) if any addition to the advertiswent be made except for the paposes

F~?,@ng&ecurg under the d 9 t i o n of the engineer for general purposes;
(c) if any material change 66 d d e in ttr'e advertisement or any part thereof;

(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.

( 2 ) Every person who has erected any hoarding without obtain-

ing a licence and which is in existence immediately before the said date, shall
apply for a licence in accordance with the provisions of this Chapter within
t b r t y days from the said date.
np) Iv-2 EX.(751)- 4

ma air ..n B111 "-11: " - @ B e r ' P " ' W w BE ' R5 Q F ' 6.
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LatestLaws.com

- 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,
' w l * ; ~ hsuch
hoaid~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

*
 LatestLaws.com

(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.

rupees or with both''.

(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-B.Prohibition Jor erection o j hoardings.- (1) No hoarding shall be erected at

any place, onor afterthe 23rd day of July 1998 (here after in this section referred to
as the said late), by any person withoutlobtaining a licence from the Commissioner;
(2) Every person wko has erected any hoarding without obtaining a licence
and which is in existence immediately before the said date shall apply for a licence
in accordance with the provis~onsof this Chapter within thirty days from the said

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.
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182 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

---- ._- -- ----

Commissionrr may, at any time, by order in ariti ng, cancel o I 9 spell~:snY

licencf granted or ~-e.ieweduncer bectioi~410-C, ii',--
(a) such licence has been obtained by fraiVli,mis~epresentationor suppres-
jion of mater;al particulars ; or
I&) the licensee has contravened any of th!: provisions of this Chapter or
the rules made thereunder or any of the condiliolls subject to which he licenee
was grantee.
( 2 ) Before cancelling or suspending a licence u ntier srlb-~ect ion ( 11,
the Commissioner shall give the licensee, an opportunity of making his represen-
tation.
410-E. R~inovc~l o j zrnar~thoriscdhoarding.--Any hoarding erected without a
'~cenceshall be confiscated and removed by tab co om missioner, without giving rrny
notice.
410-F. Removal oj hoarding in certain other cases.-(I) Where any hoarding
is retained after the expiry of the licence or erected contrary to the conditions of
licence, the Cornmissloner may, by notice in writing, require the licensee to removc
such hoarding within such time as may be prescribed.
(2) Where the hoarding is not removed within the time specified In the notioe,
the Coamissioner shall, without further notice, remove such hoarding and recover
the expenditure for such removal as an arrear of land revenue.
410-G. Exemptions.-Nothing contained in this Chapter shall apply to any
hoarding on wh~chis exhibited any advertisenlent which relates to,-

(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 rmeipt
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.

AMENDMENPQSTO THE COIMBATORE CITY MUNJCl PAL c O R P o R h ' r r 0 ~

ACT, 1981.
~mcjndrnentor 9. In the Coimb
section 168. th~spart referred to a
0 3 for thr: expression "a tax calculated at such rates", :ae e?cpresslon
"a tax caIculated at such rates having regard to the location, size, reach and nature
td the advt?rtisement9' shall be substituted ;
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARW

- 4L
CIll v - . C . _ . . -
(b) in the firsr proviso, for the expression "shall not exoeed r u m two
hundred for each advertisement per half-year", the expression "shall not exceed
rupees five hundred per square rnztre per half-year" shall be substituted.
10. After Chapter XI11 of the 1981 Act, the following Chapter shall be iinserted,
namely : -

410-A. Definition.-In this Chapter, "hoarding" means any screen of boards

a t any place whether public or private used or intended to be used for exhibiting
advertisement including the framework or other support, erected, wholly or in part
,.upon or over any land, building, wall or structure, visible to public wholly or
:partly.
410-B. Prohibition for erection of hoardings.-(1 ) No hoarding shall bc
'-'erected at any place, on or after the 23rd day of July 1998 (hereafter in this
section referred to as the said date), by any person without obtaining a liceace from
4he Commissioner.
(2) Every person who has erected any hoarding without obtaining a licence
and which is in existence immcdiately before the said date shall applv for a licenoe
in accordance with the provisions of this Chapter within thirty days irom the said
date.
..
410-C. Application for licence .-(1) Every application for licence under
this Ohapter shall be made to the Commissioner in such form, containing
.such particulars and with such fee, as may be prescribed.
(2) The Commissioner may, after local inspection, grant a licence with such
conditions or directions, subject to such rules as may be prescribed.
. . ' *
j (3) The Commissioner may, refuse t o grant licence for reasons to be recorded
,..*

,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.
 LatestLaws.com
LatestLaws.com

-
- 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 m y 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.

(By order: of the Governor)

A, K, RAJAN,
Se Cr?tdrY to Governmcnf,
Law Departm~nt.

!
i
j

I
 LatestLaws.com

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: i' \ ' 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.)!. .

AMEXDMEPuTS TO TI3E CTIENNAI CITY h I L h i C l F A L C G X F i I ' , + \ ? iLe>y >.c '1: i91L/.

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.

Tas on profcsbion, frntic, cal1il:g :1nd e ::pl~!.ii?~il.t.

13s-A. D,$jinirioizs.--For the purposes lllis Cl?~;s:cr,--

scrvnnl rcccivinf pS>. TI.u:-I til-. r,:. ,.

( i ) a Govcr~~incnt : . ,- i ]I: ( . , ,
Governlnent or sny State Covernincnt ;

(ii) a pcrsofiin tlic scrvicc ')fa body r l ~ ~ I:-'

~ l 1l 1 ~ I~< . ( L J, 1, , - 1
1
1 f

.
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
 LatestLaws.com
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.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.

138-B.Lcvy of yrqfcss~o~l tees.- ( I ) Thcrc shall bc Icvicd by the Council a tax on

profession, tradc, calling 2nd c~nploymcnt.

(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)
.----- ---7
..
r-------.-dA
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.
 LatestLaws.com
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( 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 income 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 such 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.

( 9 ) Every su 2h rcttlrn shall scc0n;p:'ny u i t h thc ~ r c ' ~ l.of

f 13: jnient of i i ~ ,
full amount cf tax due according to the leturn and a 1c1ui.n \!ithour iuch p r c ~ t ' t
payment shnll not be dcemcd to have been dttly filed.

(10) Notwithstanding anything contained in the provi:o to sub-scction t C j ,

the Commissioner may select ten per celrt cf tllc total 1u111berof such :lssesc.acl:r :t*
such manner as may be prescribed for thc ;-uspcse of clctailcd sclutiny jcgn~ti'r::.
the correctness of the ~ t t u r nsubmitted b~ ,: pclsan i n this conncclion and ~n .:, \I

casts final assessmsjlt 3rder sllall bc p ~ cd s i I; :.ccc,: d: ncc c r:h t ht. 1' cvi ' I ( r - ,j
this Chapter.

i. (8) \\itl?i - ' -

(I 1) If no retdr11Is sl~blnittedby an! pi'l son t ~ i d ~svb-scctioi~ I

prescribed pericd or i f the rerurn submitte(l by him appeals to tile Con~.nissio::a r

be incomplete or incorrect, the Cominissio~lcrshall, : ~ f t e~n:lking
~ S L I ~enquii
~I :. .
I
\

Ile nzay consider neccssary, assess such person to the best cf his judgn ect :

Provided that before taking zction u~,c!erthis $11l--~cction,tt?c per5011 s l I I~

given a reasonable apportunity of prov ~ ?tllc
return subiliitted by him.
g corrcc't~~r\s c r ccmplet~ne\s< I'.
I$-

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

(i) quote such number i n all his retur~ls to, c r correspondc.nc

;
Com~~lissioner
\\ i':: ;le~
i I
 LatestLaws.com

e rall chalans fcr the payment of any sum due under

(ii) quote suck ~ l u n ~ bin
this Chapter.

(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.

Provided tkat if the c~nploycris an clficcr cf the State or Central Govcrnrent,

tho Governlnent ~ n r ~notwiti~~tanCing
)~, any thing ccntaj r,cd ill this Chaptcr, prcscl be
thc manner i n 11 hich st ch cmploycr shnli c".izchzrge t hc said liability.
138-D. Filing of r.~~trtrt,sbjl t rigdo l.c,r..-.( ( ) Et~cscy cnq>loye]. linblc to p;.! tax
irnder this Cllaptcr sl~cllfile a r c t u ~
n !o t 1 C~cmmissicncr,
~ in suc:h forIn, for such
period and by such date as may be prcsc~il-cd,showing thercjn the snlaries patd by
Bjm to the employees and tlic ;lmoul:t of tn~deductcc?hy h;171 jn rcqrcct of ,tic/,
cmployccs.
(2) EVCJ y s~;chI cturll ~ l i a l accol::l?::~)~
l wit11 t!x PI cc i cf payn,ent of t!)t full
aniount of tax due accordilig to tF'e rctiu n 2nd n rctt:~1.1 wit1,cut :,ifchyl oc,f 0~ pay-
mcnt sllnll not bc t1ccl:l cc! t o 1 1 ; c~ bzcn
~ (![ l y filcci.

138-E.A s s L s ~ ~ ~ zofL nrhr c 1~7i)lo~'cr.-( I ) The Cun~n:ssicn:r, if satisfied rhat

znyreturn filed by any employcr ~.nder$lib-secticn(1) cf ~ e c t i c n1:'8-D is correct kind
cornplcte, ~11sllaccipt the rclcrl?.

(2) Wjlcrc c,n employer hr~sfailcc: to f lc :ny ~ c t tn, m

~ C c r bist)-scctlc n (1) cf sec-
tion 138-D wifh'n the time 01-ifthe return filcd by hi111appeals to 1 hc Cornmiss c~ner
the Col.nmissicnc;r :hnll, ;.Stel' ma krng such enqL~iry
to be incol-lecl or ~~~rc.rnplete,
a s he conniclers n~cess:.ry,dclcrn~inetJ~e ta1:c'cc r n J nsscss tlJe ernploycr lo the best
of his juc'gcment 2nd issue n nctlcc of c't m;nc' fcr rhc ?ax sc 3sscs~ec::

Provided that bcfc11c ssscsci~tgllie t:.x c ' ~ c , t11c C L ~mi'

I sic IICT 11i:;lI g i L~ the
cn2ploycr a rc;sc,n:lblc o p p ~ ~ t t ~ ntrfr yb c i ~g hcerd.

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 m - --
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-_ Ttr38 __
TAMIL NADU GOVERN:\IEN'r (i.\ / . C ' l i l: i i X I
I
I -- -- .,'
-
., ....
CMm*...,-CI-.'
,
,-.A r

(2) Tlie decision o f t hc 'Taxaiiotl 4ppe:ils T: ibu sl SII :Il l i ~f.1

be questioned i n any court of l a w :
1
.

Provided that no ~uchdesisionsllhll be rnnc:c c x c ~ y ta r f ~ c2;;i~:g [lie p t ssc n

ait'cctcd a reasonable oypo~.tvniryCI rein2 hz:) cl.
i;. .
1
: i t l > l I\J~\RY

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-

((:) t he 1 4 , ~ . :bcrs of t hc Armcd Forces o? i hc Unioll t-) i;;;? : i ! ; u ~ y1):;1'1 ('f

>( t . 11:. , t i ?..:
w1lomtllc provir;;ons of 1JlcArmy ,I:
tI1is SL,L,r:,to :,Ilc: , i i i i:,'~.ic. t c . i . IO:;U or.
193i3,t ',I-'. .- ii1:9,
t ]IC Navy Act, 1957 ; I ~ ~ I ~;c s < - ' t : t l ~ r , i1
\ c :
X1.,l7\)f 1920,
:i. t-17 I.,:i Act 62
<\I' 1957.

(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
 LatestLaws.com

"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:,

124-C. D(fiaJf~n.~.-Forthe pnrpo*cs of i!lts Chapter .-

(it) " C J ~ ~ P I G Y C"C liic~insR person cml,Io).scI on \;ilary 21lJ iilcli,dcs,-
(i) a Govcrnlilcnt servant receiving pny fro~iith.: i<,uclllle of tl,e Cel:raib
Government or any State Government ;
(ii) a rerson i l l the service of body ~ ! i e t ~ ~iniorpomicd
cr or not, ,ilh,cjlis
owned or controlled by the Central Govcrn~nc~lt or any Stiiie G ~ v c r n ~wbcrc,
~ ~ ~ f ,
S J C ~ bods owl'atcs witbin the inonicip,~i iio,il c v ~ n f / l ~ l ~i(,g l]lend311ar[crr
l
may be oulsidc tlic lnL,nicipaI limit; and

(iii) a Person engaged in any em~loymcntby an e~nployrrnot covcied by

sub-clauses (i) and (ii) ;

(6) "employer" in relation to an ernployec earning any salary on a regular

basis under his means, the person or the oficcr who is responsible for disburse-
ment of such salary and includes the head of the office or any establishment as
well as tllc Manager or Agent of the en~ployer;
(c) "half-year" shall be from the 1 st day of April to thc 30tb ilay of Ssp!embcr
and from thc I at day of October to the 3 1 st day of l a r c h of a ycsr:
I : (d) '(montll " means a calendcr ~nontk;
(i)." p1rs011 " illcans any person who is cng;lg:d actively or otlieinirc in ally
profess~on,trade, calling or employnlent in thc State of Tanlil Nadu and ~ i ~ c l a~ ~ d ~ s
Hjndo undivided fimily, firm, cornpany, corporalioa or other corporate body, aqy
?acipfy, cchb, bodp of persons of association, so engaged, bd Boer dot
~.n,cl~de any person emplbyed on a c9soal basin;
( j ) "lax" ineans t i t a r on r r o t i i i .n, f i , a ! ajvl e o: lo~rl:cnt
levied ul:c:cr this C'l a: tcr.
,, I
', f
..J $4.~. Levy o.fprofe.rsion ~ L I X , - ( 1 ) There rlall be lel~i:d by t!.e 1fuii;i;lpl
.*4

count11 a tan on prdfessi.)n, tiade cnl!ing znd emphymont.

ss and cvcry pcrspn, who is engaged
0fcs'~ion. ,tr;ldc, cnlling or rmp]o)mcr.( within .,rhe
tile half-year for ahich returnis filed. shall, pay half.
in !I? tqblc bClcp in such manner as may b e PPPS- it

& 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,
Rs. 60.000 Rs 300
5 :,I!# ttiRs: 60,001 ' 1 - , Rs.73.000 i
r .

' Rs. 4 5 ~'

.mi: !!: , ,.>>:. i * I

.... b I 1 " lii. ,$@

l pOb~ish'cbbv fki -
(3) The rate ?f tax payable undcr sub-section (2) ~ l l a l be
t y such manner as may be prescribed.
xecutjve a u t h ~ ~ l m

rIrbm m ~ ~ ~ ~ t ~ @ s r e p ~ r r * p k ^s ." Ir B
~ un" ~P 'FC* w
a ''
 LatestLaws.com
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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.

d
(5 T l ~ etax leviablc from a firm, association or Hindu undivided
he Ievie on any adult member of the firm, assxintion or f~lmilv.
filmily may

(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
 LatestLaws.com

2nd shall-
~ 3 3 3 9

(ii) quote such numSer in all c!lnlans for t ! p:\ym::lt

~ of :l!ly sum due ull:la this

such return silall accompany with tllc proof of payment of t hc f ~ l l l

d&&tldifigtotlrc rct~frnanda rcturn without such proof ofpayment
led t o hare bce n du jy filed.

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:
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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

provided that such physically disability slzall be duly certified by a Registcrcd

Medical Practitior~erin the strvice of the Government not below the rank of s Cit il
Sugeon, I
I
I
124-K. Repcal ant7savzng.g.-(1) The Tamil Nadu Tax on Professions, Iradc-s,
Callings and Employments Act, 1992 (Tamil Nadu Act 24 of 1992) ( hereafter in I
this section referred to as the 1992 Act) in its application to the municipality is
hereby repealed.
(2) The repeal of the 1992 Act undel sub-siction (I) shall not affect,-
(i) the previc-*, opetation of the said Act or anything done or duly SU%I c'cf
thereunder ; or 1
,

(ii) any right, privileges, obligttions or liabilities acquiced, accrued or

incurred under the said Act; or
(iii) any penalty, forfeiture or punishment incurred in respect of ;ny
offence committed.
(3) Notwithstanding the repal of the 1992 Act, the rates of tax on professiollq
trades, callings :tnd employments specified in the Schedule to the soid Act shall
continue to apply for the eriod commencing on the 1st day of April I992 and
P
ending with the 30th day o September 1998 for the levy and collection of such tax
for the said period where the tax due under that Act has not been paid for tbe said
period. )j
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
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." Chapter-V-A
!
.
'
A' i
.T&' on ~fofession;trodPItailing lirzd w2plo)lmnv.

6 ) a Government scrva~ltreceiving pa)- froln the rrvcnuc of tllc central

Government or a n y Statc Covn.nmcnt ;
( i i ) a prson i l l tile service of a bcdy a h c t ] e r iil(-Gr-pcratcdor
whic11 is owned r r colltrollcd by the Cctitral G o \ ~ e r n ~ ~<,r l ~any
n t Slae G ~ , , ~ ~ ~ -
l e n t , where such bodv 0Pe,,t, witlin tlu Corporation lintit 'vcnth9ugh ib
headquarter9 ]nay be outsldr the Corporaticn limit ; and

(iii) a prsOJ1 enwgcd In any e~~~nlorii;ent

by an elni-,:oy;r, covered by
sub-clauses (i) and (ii) ;

(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

( d ) "month" nicans a calendar month ;

(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.

RB .R ~ m n r k ~ u m B k 8 ~ A ~ " " ' mn - A W - R.

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Q14 TAMTL NADU GOVERNMENT GAZETTE b ~ k l r-
; i i t i K L ; l ~ * r \I'\-.
-- - -- -.-- -

(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.

(5) The tax lcviable from a firm,asscciatjon or Hindu undi\ii.fd f ~ n . i l rr ; >

be levied on any adult member cf tlie fir~n,~"~ssociiition
or family.

(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 :

Provided that s ~ c Cirector:

h p l n c r r r r, en.ber qha!l be IiatZ1ctc pay tcx iinc'.cr
this Chapter for the incrmc derivcd frcnl c t i i ~ r sources.

(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

(9) Every such rcttlrn ~hzll~acccnpnn!~ \\it11 tke prccf c f ~?~y~:,cn:

( 1' '1,
fill1 amcunt cf tax dcc acccrding to the r e t ~ r n2nd a return withc~t crck prcr ' r :
payment shall nct bc dccjned to have becn dilly filcci.

(10) Notwithstandtng anything cc ntain-d i 11 thc p: cvisc tc C L , ~ - S L C ~11~ C(b), the

Commissio~lcrnlay select ten per ccnt cf t t e tctal rrun.ker c f such a::es$n en1 il-
such manner as nlay be p ~ e s c r l h dfcr the p.urpc:c c l dctailcd sc~ctiny ~c-gaic.znp
the cor~ec-tnc~s cf tl;e l e t ~ ~xkr.-.itt(d
in by a Iiciscn i n ihis ccnnc,clicJI acd in SL ~ ; i
czscs final assc:sn,cnt cider :hall be paczcd in cccc~c'ancewiLhtlle p~cvirlcrqc l
this Cl?apter.

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.,\. *

any rct:irn s1113:1;iilc(! by him,

(12) E\'>ry perscii v>Ix is !I?.b!c t c ;?:Y l2u t : r t - I c thm :' .$

a person earning salary cr wage,-

(a) shall beiss,icd \kith a pass bcck c c n ' a ; n i ~ ? gclidt,:;:rb

\~ rt!ating t c . L , \ I ,
paylnent of tax as may 5c presciibed acd 1 - tl?c p a s bock i h i ~ s or t accidenl.,Iik
destroyed, tllc Con-missicnex n:ay, on :.n appliczticn made by the n
accorupa.anied by ~ u c hfee as n:ay be &xed b. the Co~~ncil, iss~:i, f o such prrscD ,:
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LatestLaws.com

dupljcate of t lic pa$? bnc; k ,

I
(h) slzall bc alli.,:tcd n p.21mail:iit accju lit l~un,'xr an3 sti ell 9:rson shs Is,-

(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
s ~ ~ employee:.
ch .
(2) Every sucll return si~allaccompany.with tlic proof of payment of the full
aaaum of tag due according t o the return and a rcturn without sucll 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! of sucb amount for t h o entire perihd ot
deftidit', as'mafr be prcscribecl.

I 169-G. Appeci1.-- (1 ) Any person or employer aggricvcd by any ordcr or dccisioll

of the Commissioner in relation to thc payment of tax (including penally, fce and
interest) may,within such ti17:c :ts may be pr~sciibctl,appcai to the 'l'axz!ion Appeals
Tribunal,
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(2) The decision of the 'laxation Appe:ll. Tribunal sll;~llh< ! i 1 1 : ~ land sliall not
be qgastioncd in any court of law:

Provided that no sfich dccision shall be ~ r a d eexcept aftcr y l i l n g thc perbon

affected a. reasonable opportitnity of b5ng 11: tril.

(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 , ,;

169.1, HI.,, l n d . F L I V ~ K K ; .--(I) The Tam11'iadu Tar o n Pru!;:s,ions, Trades. T

,
.
: - ' .LJJ .4.;
C!all~n(f<and Employments Act. 1992 (hereafter i n this scction rcfcrrcd to as the 199.2 2.1 of 1992.
Act), in its application to th: City, is hereby repealed.
1 (2) TIErcpcnl of thc 1992 Act undcr sub-s:ction ( I ) 511:111 not :ifF:it, -
(i) the previo~tsoperation of t h ~said Act or anything done or duly j t ~ f f ~ r o ~ l
thereunder ;or
(ii) any right, privilegzs, obligations or liabilities acquired, accrucd or
incurred under the said Act ;or

(iii) any pcnalty, forfeiture or punishment incurred in respect of any oR'nce

committed.
(3) Notwithstanding the ~ e p e aof
l the 1992 Act,the rates of tax on professions,
trades, callings and employments specified in the Schedule to the said Act shall
continue to apply for the period commencing on the 1st day of April 1992 and
endil\g with the 30th day of September 1998 for the levy and collection of such tax
fot the said period where the tax due under that Act has not been paid for the said
period,

(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.

i l AMENDMENTS TO THE COIMBATORE CITY MUNICIPAL CORPORATION

ACT, 198 1.
5. AfteriChapter V of the Coimbatore City Municipal Corgoratlon Act, 1981, Tamil Nadu
the following Chapter shal! be inserted, namely :-

- - . --
- -
- - ~ - ~ - - w . .
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TAMrL NADU GOVERhhlEhT GAZETTE EXTRAORDlNARY

I - -'*4

cr Chapter -V-A .
-
3 ,

Tax on profession, trade. calling and employment.

. . 169-A. DrJinitions.-For the purposes of this Chapter,- ,,
4
.,
.

.
b.

.
(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 :

(ii) a Person in the service of a body whether incorporated or not, which

,is owned or controlled by the Central Government or any State Government, when
such body operates within the Corporation limit even though its headquarters may
be outslde tile Ccrporation limit; and
(iii) a person engaged in any employn~entby an employer, not cov6rcd by
sub:clauses (i) and (ii);
(9
rr employer " in relation to an employee earning any salary on a r e a l a r
basis un er his mcans, the person or the officers who is lesponsible for disbnne-
ment of such salary and includes the head of the office or any establishment as well
as the Manager or Agent of the employer ;
$ .

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

1. Upto Rs. 21,000 .. . . Nil

I
2. Rs. 21,001 Rs. 30,000 Rs. 60
3. Rs. 30,001 Rs. 45,000 Rs. 150
4. Rs, 45,001 Rs. 60,000 Rs. 300
5. Rs. 60,001 Rs. 75,000 Rs. 450
6. Rs. 75,001 and above .. Rs.600
(3) he rates of tax payable under sub-section (2) slinll t e FI tl::I:cd by ihe
' Commsslona in such manner as mny bc. prescribed.
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eis
--- --- -. --
TAMIL NADU GOVERT\':;IENT GAZETTE E X T I I I ~ O I < I ~ I N A I I Y
-- - - - - - - -- \..,.- -
-. - -- - --.
--*.-----I
-- - -
.
-
(4) Whcre a company or pcrson proves that it or i e has paid the SLIM c l ~ ~on e
acc0up.t of the tax levicd undcr this Chaptcr or ar.y tax of th: nature. of a pro--
fession tax i l n p o ~ dundcr the C:tntonments Act, 1924 fdr thc snn~chalf-ycar 1,) any Zcntr 11 Act
. local authority or cdntonment authority in the State of Tamil Nad u such conipan) or I 1 c ll'24,
person shall not be liable by reason mcrely of ckangc of plnw of business, exercisc
of profession, trade, calling or en~ploymcntor rc~icicncc,to pay t hc tax to any vtllcr
local authority or cantoninent ailthority.
(5) Thc tax leviable from a finn. association or Hilldu undivided frllnily luny >>
levied on any adult member of the firm, association 01- family.
(6) Wlrere a person doin:: the same business in tlie same namc in one or more
places wfihin the city the income of such business in all places within the city shall
be computed for the purpose of levy of tax and sucll person shall pay the tax ill
arcatdsnce with tllc provisicv s of this Chaptcr.
(7) Wllcrc any company, corporate body, society, firin, hoJy of persons or
association pays the tax under this Chapter any director, partncr or mcmkr, as
the case nlay be, of such company, corporate body, society, firm, body of pcrsons or
association shall not be liable to pr:y tex under this Cliapter for the iiicolne derived
by. sucl~director, partner or member froin such cor:lpany, corporate body, society,
firm, body of pcrsons or asscciltiuns :
Provided that such director, aartner or member shall bc liable to pay tau uilder
this Chapter for the income der~vec!ficm olher so~;l.ccs.

(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 1) J f no retvrn is stlblnitted by any person under sub-section (E) wi!kill t llc

prescribed peri~c!or if the return submitted by hi111 2.ppears to the C o m m ~ i s s i ~ ~ ~ r
to be incomplete or inccrrect, the Conunissior,er shell, after making such encluiry
as he may collsider t;ecessPry, t ~ ~ s esuch
s s person to tllc bdst c f his judgcmellt ;
Provided that before taking action undcr this sub-section the pc1sc.11 sllnlI
given a reasonable opportunity of provina the correctness or complcte~~css ul' any
return submitted by him.

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.
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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.
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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.'',

(By order of the Governor.)

A . K. RAJAN,
Secretary to Government, Law Departmen'

--
- . . ---
- -
.--c.-
-
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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:-

ACT No. 26 OF 2000.

An Act further to amend the Laws relating to the Municipal Co~porations

andMunicipalities in the State of Tamil Nadu.

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,

(DTP)IV-2 EX. (629)-1

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

AMENDMENT TO THE CHENNAI CITY

MUNICIPAL CORPORATION ACT, 1919.

Insertion of 2. After section 326-1 of the Chennai City Municipal Corporation Act, 1919, the
new section following section shall be inserted, namely:-
326-5.
of erection of certain hoardings.-Notwithstanding a n y h n g
other law for the time being in force, or in any judgment,
or other authority,-

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;

(ii) where any hoarding is erected in contravention of sub-clause (i), it shall be

confiscated and removed by the Commissioner without any notice.".

AMEN~MENTTO THE TAMIL NADU DISTRICT MUNICIPALITIES

ACT, 1920.
Insertion of 3. After section 285-1 of the Tamil Nadu District Municipalities Act, 1920, the following
new section section shall be inserted, namely:-
285-J.
"285-5. Prohibition of erection of certain hoardings.-Notwithstanding anything
conklined in this Act or in any other law for the time being in force, or in anyjudgment, 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 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:
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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;

(ii) where any hoarding is erected in contravention of su -clause (i), it sh;fllbe

confiscated and removed by the executive authority without any notic .".

PART-IV

AMENDMENT TO THE MADURAI CITY MUNICIPAL CORPORATION

ACT, 1971.

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.

"410-5. 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,-
I
( a ) (i) where any hoarding (other than trafficsign 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 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 amendmentAct), the Commissioner shall, by notice in writing, 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: I

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;

(ii) where any hoarding is erected in contravention of sub-clause (i), it shall be

confiscated and removed by the Commissioner without any notice.".
-'- ,

8:

.i,4
1
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TAMIL ~ J A C I UGOVERNMENT GAZETTE EXTRAORDINARY

PART - V

AMENDMENT TO THE COIMBATORE CITY MUNICIPAL

RATION ACT, 1981.
ln~crtiano f 5. ~ f t esection
r 4 10-1of the~oimrbatorecity ~ u n i a~ l o r a t i o n ~198
c t1, the following Tamil Nadll .
, new section section shall be inserted, namely:- Act 25 of
I 4 10-J. 1981.
"410-J. 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, tr~bunalor 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 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;
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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.".

(By order of the Governor)

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

(DTP) IV-2 Ex. (629)-2

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[Rcgd. NP. TNIChicf PMG-30112001.

TAMIL NADU
GOVERNMENT GAZETTE
EXTRAORDINARY PUBLISHED BY AUTHORITY

No. 5623 CHENNAl, MONDAY, AUGUST 20,2001

Aavani 4, Vishu, Thiruvalluvar Aandu-2032
A

i'. Part IV-Section 2

Tamil Nadu Acts and Ordinenccs.

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

ACT No. 10 OF 2001.

. I n ..lei Jr~l-/lm-10 onlend the Luivs re foti~rg-roMrr,7icipul Corporations and
M u n icipa fities in fhe Stole oJ Tatnil Nadu.

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.+[[.

Ah3ENDM EN'I'S 'r0 TI 1 E CI-IENNAI CI'TY MUN[ClPAL CORPORATION ACT, 19 19. -.

2. I n scction 5 4 - A o r the Chennai City Municipal Corporation Acl, I9 19 (hereafter in Amcndmcnt
' '
Tnriiil Nadu
' illis Pnrl relcrred l o as ihc I 9 19 Ac,). a f ~ e rub-rccticn
r (4). (lie rollowing sub-sections shall be ~ : - ~ c ' i O n
1019
addcd, namcIy:

"(5)'The trinl o r a l , efectior~puli~ionsllall, so far as is praclicable consistently with the

ili~crcsrot'jusrice in respccl 01' tlic trii~l.bc continued from day to day until irs conclusion,
unlcss rlle PrincipilI ludgc. City Civil Court. Chennai. finds rllc adjournment o f the trial
i ~ to be necessary for reasoils to bc recorded.
b e y o i ~ dthc F ~ l l o w i r day
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60 'TAMIL N A D U G O V E R N M E N T GAZE'lTE EX1'I<AOI<DINARY

(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.

Explanation.--For ttic purposc of Lhis sec~ion,"volingm a c h i ~ ~ cmcnlls

" ;uiy mncl~inc
or apparatus whelher operaled clcctronical!y or olherwise used for giving or recording of
votes and any rercrcncc to a bi~llotbox or ballot paper in his Act or the rulcs made thereunder
shall, save as otherwise provided, be const~;ued ns including a rercrence lo such voting
machine wherever such voting machine is uscd at any election.".

AMENDMENTS TO THE TAMIL NADU DISTRICT MUr\jICIPALITIES ACT, 1920.

Inscrlion of
new section
4. ACtcr section 43-C of the Tamil Nadu Districl Municipalilies Act, 1920 (hereafter in Tamil ~ n d ;
this Part referred
to as the 1920 Act), the iol!owing sccliori shall be inser~ed,namely:- Ac1 V of
43-D.
1970.
"43-D.Voting machir~ea( e1ecrions.-~otwitlistandin~ anytl~ingcontained in [his act or
the rules made thereunder, thc giving and recording o f votes by voting machines may be .
adopted in such ward or wards of a Municipality as thc Srate Election Commission may,
having regard to the circurnslanccs of each casc, spccify.
ExpIanalion.-For tt c purpose of this section,"votin~machine" means any machine
or apparatus whether operated electronically or otherwise used for giving or recording of
.votes and any reference to a ballot box or batlot paper in this Act or the rules made thereunder
shaI1, save as otherwise provided, be construed as including a reference to such voting
machine wherever such voting 111achine is used at any election.".
Amcndmtnt 5 . In section 5 1-A o r the 1920 Act, after sub-section (4), the Follorving sub-sections
of scc'ion shall be added, namely:-
51-A.
"(5) The trial of an election petition shall, so I j r as is practicable consistently with Ihe
interest of jusrice in respect of Lhe rial, bc continued tiom day to day until its conclusion,
unless the District Judge finds the adjourlln~entof the trial beyond the following day to be
necessary for reasons to be recorded.
(6) Every election petition shall he tried as expeditiously as possible and endeavour
shall be made toconcIude the trial within sixmonths from the darc on which the election petition
i s presented to the District Judge for trial.".

AMENDMENTS TO THE MADURAl CITY MUNICIPAL CORPORATION ACT, 197 1

Arnendrncnt
of section
60-A.
6. In seclion 60-A of the Madurai Cily Municipal Corporation Act, 197 1 (hereaficr in
this Part referred to as the 197 1 Act), a i m sub-section (4), thc following sub-sections shall be 19: '*
'I'amil Nadu
-lr

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.
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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.

Espln~m~inn.-Forthc purposc o f this sec~ion:'votii~~ inacliine" menns any machine

or appararus whether operated elcc~ronically or otherwise used for giving or recording of
votes and any reference to a ballot box or ballot phper in 1h;s Act or the rules made thereunder
shall, savc as othertvise provided. bc co~lsrrlredas i n c l r ~ d i n ga reference l o such voting
machine \~.hcrevers ~ r c l lv o t i i ~ gmaclli~lcis uscd at any elecrion.".

PART-V.

AMENDMENTS TO THE COlMBATORE CITY MUNICIPAL

CORPORATION ACT, 1 Q8 I.

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.

(6) Every elec~ionpetition shall bc tried as expeditiously as possible and endeavour

shajl be madc 10co~,c:uf.:the try?' withi115is rnonlhs from the (late on which (hc election petition
is prcsenlcd t u rllc District Judsc Tur ~riill.".

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.

"68-A, Iti~ling/)~ncfiine or ckctions.-Notwithsfanding anything contained in chis act

or l l ~ crulcs 111nt-lc~hcrcundcr.lhc g i v i n g and recordi~lgo r votcs by voting machines may be
adopted in s u c l ~r r i ~ r d ur wibrds of rhc Corporalion a s ~JicS I ~ C CE l c ~ ~ i oCommission
n may,
havinz rcgard l o lhc c i r ~ u m s r a ~ ~ co cf seach case, spccify.

Expfo)~nrion.-For the purpose of [his section,"voting machine" means any machine

or apparalus rvl~ctheropcratcd electronically o r otherwise used For giving or recording o f
votes and any refcrencc LO a bnllol box or ballot papcr in this Act o r the rules made thereunder
shall, savc as ollicr\vise pro\lided. be consrrucd as including a reference to such voting -
machine \\~hcreversuch voting machine is used at any election.".

AMENDMENTS TO THE TAMIL NADU URBAN LOCAL BODIES ACT, 1998.

Amcndmcnt
10. In section 9 o f [he Tamil Nadu Urban Local Bodies Act, 1998 (hereafter in this Part section
referred to as tllc 191 8 Act), in sub-scction (I),for the rxpressiou commencing with the words 9.
"any amendment, by way o f inclusion" and ending lyith !he words "Tamil Nadu State Election
Commission", the following expression shall be substilutcd, namely:-

"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.".
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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

Exp/rtalium-For the purpose of ibis sectjon,"voting machine" means any machine -

or apparatus whether operated electronically or athenvise used for giving or recording of

,. votes and any reference. 10 a baIlc31 box or ballor paper in this Acr or {he rules made thereunder
shall, save as otherwise providcd, be cons~ri~cd as including a ccfcrcnce lo 3irct1 voting
machine wherever such voting machine is used at any election.".
!
Arnendmrnt 12. In section 30 of rhe 1998 Act, after sub-section (4), the follo~vitlgsub-sections shall
Or scc'ion beadded, namely:-
30.
"(51 The trial of an election perilion shall, so b a s i s prlciicoble consistently wilh the
interest of justice in respecr of Lhe trial, be continued from day to day until irs conclusir>n,
unless the Principal Oistrict J u d ~ efind5 the adjournment of the lrial bey0r.d the following day
t~ be necessary for reasons to be recorded.

(6)Every elecrion peti!ion shall be tried as expcditiousIy as possible and endeavour

. e within sixmorIths frorn~hedareonwhich the election pclition
shall bernade t ~ c o n c l u d c t l ~trial
is presented to the Principzl District Judge for trial.".

(By order of the Governor)

M. BAULIAH,
Secreiary to Go~,ernmeri~,
Lnrr. Depa -fmcnr.
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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.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the

Fifty-second Year of the Kepublic of India as follows:-

PART-I

Shorf title and

1. (1) This Act may be called the Tamil Nadu Municipal Laws (Amendqent) commence-
Act, 200 1 . ment.

(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.

.4XIENUSIENTS 7 0 fHE TAMIL

NADU DISTRICT E!: ACT,1 9 2 ~ .
ML'NIC[PALITI
Amendment of
4. I n scction 49 of the Tamil Nadu Districr Municipaliiies ACT, 1920 (hercinaftw seclion 49.
referrcd to as thc 1920 Act),--
( I ) in su b-section( I ), for the exprcssion "while undergoing the sentence and for
five years Tram thc date of thc e:ipiration of the sentence", thc expression "while the
senterlcc i s ii: I'orsc 3 r d for six y.:;rrs from the date of thc expiration of rhe senicnce" shall
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92. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
. ,!
(2) in sub-section (1-A), for the expression "five years" , tkc cxpression
"six years" shall be subslituted;
'(3) after sub-section (Z), the following sub-section shall be added, namely:-
"(2-A) If the Tamil Nadu State Election Commission is satisfied t l ~ aa ~
person,-
(a)has failed tn lodge an account of election expenses within the time and
in the manner required by or under this Act, and

(b) bas no good reason or justification for the failure,

- 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:-

"(5) If theTamil Nadu State Election Commission is sa:isfied that a person,-

(a) has failed to lodge an account of election e x p e ~ ~ s ewithin

s the (ime
and in the mamer required by or under this .4cr, and-

I (b) has no good reason or justification for the failure,

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;
 LatestLaws.com

( 2 ) in sub-suction (2), for the expression "five years", the expression "six years"
sltall bc subslilu~cd;

(3) alter sub-section ( 5 ) , the following sub-sectionshall be added, namely:-

"(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".

(By order or /he Governor)

M.BAULIAH, -.

Secretary to Government,
Law Department.
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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:-

"78. Powers o f municipal authorities to sanction estimates.- The powers or'

the different municipal authorities to sanction estimates shall be as follows:-
(a) when the amount of estimate does not exceed one lakh of rupees, the sanction
of the concerned warc.s committee shall be required;
(b) when the amoi8ntof estimate esceeds one lakh of rupees but does not e\ceed
ten lakhs of rupees. tl e s;~nctionof the commissioner shall be required;
(c) when the amount of estimate exceeds ten lakhs of rupees but does not exceed
fifteen lakhs of rupees. the sanction of the concerned standing cotlimittee (other than thc
standing conimittec 08itaxation and finance) shall be required:
(d) tvlien the amount of estirtiate escccds tifteen lahhs of rupees but does not
esceed twenty lakhs c~frrlpecs. the s a ~ ~ c t i oofn the standing colnmittee on taxation and
finance sha!l be required:
(e) when the amount of estimate exceeds twenty Inkhs of' rupees but does not
esceeJ,flSty lakhs o f rupees. the sanction of the council sllall lie required:
( 0 when the amoL;nt of estimate esceeds fifty Inkhs of rupees. !he sanction of the
State Government shall be required.
79. Works costing more than ten lakhs o f rupees.--( I ) Whew a project is framed
for the esecution ofany lvork or series ofworks the entire estimated cost ofwhich esceeds
ten lakhs of rupees?--
( a ) the commissioner shall cause a defiiled report to he prepared illcluding such
estimates and drawings its nlity be requisitc and shall la! ilic sariit..--
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* -- I . - -____
I -

)Lr GOVERNMENT GAZE*I"I'E EX'FRAORDINARY

--

(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.

(c) No material change in the project sarictioned as aforesaid shall be carried

into effect without the sanction of the State Government.".

4. In section 80 ofthe 1919 Act, for sub-section (2). the following sub-section shall
be substituted, namely:-

"(2) Every contract on hehalfofthe corporation shall be made by the commissioner

subject to following provisions, 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);

: rt* Lfacithe estimated cost of which e ~ c e c d sI .. ~ h h of

I,. s rupees but " I

does not ex~cctltucnty lakhs of rupees shall be made by the c c t ~ ~ ~,,\loner

l t urlless it has
been sanctitxc..i by the standing committee on taxation arid financc;

( 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~.'

-
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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 :-

"97. Powers of municipal authorities to sanction estimates.-- The powers of

I
the different municipal aulhoritles to sanction estimates sliall be as follows:~
(a) when the amount of estimate does not excetd fifty thousand rupees, the
sanction of the concerned wards committee shall be required; I
(b) when the amount of estimate exceeds fifty t'l~ousandrupees but does no1
exceed five lakhs of rupees, the sanction of the commissil,ner shall be required;
(c) when the amount of esrimate exceeds five lakhs of rupees but does not exceed
ten lakhs of rupees, the sanction of the concerned standing committee (other than the
standing committee or, taxation and finance) shall be reql~ired;
(d) when the amount of estimate exceeds ten lakhs of rupees but does not exceed
fifteen lakhs of rupee ,, the sanction of the standing committee on taxation and finance
1
J
,
I

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;

either in its entirety or subject to modifications or may reject the same.

(2) (a) Where the council approves the project, subject to any moditications or
otherwise, the entire estimated cost of which exceeds twenty-five lakhs of rupees, the
same shall be submitted to the Government.
7-

(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.
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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.

"99. Powers of municipal authorities to sanction estimates.--The powers of

tlir different municipal authorities t3 sanction estimates shall be as follows:- I

( 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;
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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
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."
--

(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'

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 cotnmissioner 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.".

(By order of the Governor)

A. KRISHNANKUTTY NAIR,
Secretary to Government,
Law Department.
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- --- -- ---_ ___
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.

V2-A. Disqualification for Mayor, Deputy Mayor and councillor.-

Notwithstanding anything contained in this Act, no person shall be qualified for
being elected as, and for being, a Mayor, Deputy Mayor or councillor if L t is a
member of the Legislative Assembly of the State or a member of e~,:.sr House of
Pcrliament.".
PART-111.
AMENDMENT TO THE MADURAI CITY MUNICIPAL CORPORATION ACT, 1971.
3. In the Madurai City Municipal Corporation Act, 1971 (hereinafter referred ~ ~ ~ i 0newn 0 f
o"":' sectton 56-A.
to as the 1971 Act), after section 56, the following section shall be inserted, namely:-
"56-A.Disqrralification for Mayor, Deputy Mayor and coirncil1or.-
Notwithstanding anything contained in this Act, no person shall be qualified for
being elected as, and for being, a Mayor, Deputy Mayor or councillor if he is a
member of the Legislative Assembly of the State or a member of either House of
Parliament.".
I
PART-IV.

AMENDMENT TO THE COIMBATORE CITY MUNICIPAL CORPORATION ACT, 1981.

4. In the Colmbatore City Municipal Corporation Act, 1981 (hereinafter referred In~e~ttonofnew
to as the f981 Act). after section 58. the following section shall be inserted, namely:- Section58-A

"58-A. Disql:alification for Mayor, Deputy Mayor and councillor.-

, Notwithstanding anything containhd in this Act, no peiscsn shall be qualified for being
elected as, and for being, a Mayor. Deputy Mayor or counc~llorif he is a member of
the Legislatne hbsemhly of the State or a member of eith:r House of Parliament.".
PART- V.
AMENDMEN T f 0 THE TAMIL PJAW LIISTNCT MtINICIPALITIES ACT, 1920.
5. In the T'amil Nadu Ilistrict M~lnicipalititsAct. 1020 (hereinafter referred to Insenionofnew
"' as the 1920 Act), after section 49, the following section shall be inserted, namely:-- sectton 4 9 4 .

"49-.1. IEisqrrnl~firetiort for chajrman, vice-clrnirnart a r ~ dcorrncil10r.--

Notw~thrt~tltltnganyth~rlg contained in this Act, no person shall be qual~fied for
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140 TAMIL NADU GOVERNMENT GAZE I"Lb EXTI;AOKI)iNARY

---- - ----- -. ---

being elected as, and for being, a chairman, vice-chairman or councillur of a

municipality or of a town panchayat if he is a member of the 1.egislatii.e Assembly
of the State or a member of either House of Parliarnent.".
PART-VI.
SPECIAL PROVISlON
Mayor, Deputy 6. Notwithstanding anything contained in the 19 19 Act, the 197 1 Act. the 198 1
Mayor. . Act or the 1920 Act, as amended by this Act, or in any other law for the time bc;ng
chairman,
vice-chairman in force or in any judgment, decree or order of a court, if a member of the Legislative
and councillor Assembly of the State or a member of either House of Parliament holds the office
to cease to of Mayor, Deputy Mayor or councillor of a municipal corporation or chairman, vice-
hold oftice chairman or councillor of a municipality or of a town panchayat immediately hefore
-under certain.
circumstances. the date of publication of this Act in the Tarnil N d l r Governntent Cozetto, he shall
cease to hold such office at the expiration of fifteen days from the date of such
publication and such office shall become vacant. unless he ceases to be a member
of the Legislative Assembly of the State or a member of either House of Parliament
before the expiry of the said period of fifteen days, by resigaation or otherwise.

(By order of the Governor)

A, KRISHNANKUTTY NAIR,
Secretary ro Government,
L ~ HDcprrra~ait.
J
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> .
. -----

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.

"358-A. Penal&for firilur to obtuin per7nission of State Govemrtlentfor foreign trip.--

W h o ~ v e rundertakes a trip to any foreign country in violation of section 25-B shall
be punished with fine which may extend to one thousand rupees.".

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

"25-A. M q ~ o r ,Deputj* McI?'o~or ~ouncillorto ohruin permission to irndertiike

trip to joreigrz col~nrr:v.-No person holding the office of Mayor, Deputy Mayor or
councillor shall undertake any trip to any foreign country i l l his official capacity as
such, except with the permission in writing of the Governn.~ent.".
5. In the 15171 Pct, after section 443, the followit~gsection shall be inserted, lnsertionofne\v
section 142 .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
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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.

'*-''.
~nsertionof new 8. In the Tamil Nadu District Municipalities Act, 1920 (hereafter in this Part
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:-

"314-A. Perrcrltj* for failirre to obtriirr perinissiorr of Stcitt~ Go~~errinrertt

for
i
foreign trip.-Whoever undertakes a trip to any foreign country in violation of
section 12-BB shall be punished with fine which may extend to one thousand ri~pees.".

(By order of the Governor)

A. KRISHNANKIITI'Y NAIR,
to G O I . P I - I ~ I ~ I L J I ~ ~ ,
Set ~'etni:~'
L ~ IDc~p(~i*trnoi/t.
?
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 287

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
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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 ",
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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.

(By order of the Governor) .

A. KRISHNANKUTTY NAIR,
Secretmy to Government.
Law Department.
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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

AMENDMENTS TOTHE CHENNAI CITY MUNICIPAL CORPORATION ACT, 1919.

2. frl section 326-B ofthe Chennai City Municipal Cotporation Act, 19 19 (hereafter Amendment of
in this ,Part referred to as the principal Act), in sub-section ( I ) , for the expression
,326-6. ..
ommi missioner", the expression "District Collector" shall be substituted.
3. In section 326-C of the principal Act,--- - Amendmedt 'of
Section' '
(1) for the expressiori "Cotnhissioner", in three places where it occurs, the
326-C.
expression "District Collector" shall be substituted;, z. ,:; t..rrlt

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

1 Hoar dtngs In at tel.tul road tth buh r oure

(I/) \i~tlioutI~gl~tlng
' ( b ) wirh ordinary lighthe
(0 ~ i i l l neon
i ur mcrctrly Irgllt~ng
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,sqlrclr.c rircltr-cJp t r i '

/1~/If',l~i~f/l~.
tRli/)c,c~.\).

(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

3. Hoardings in other road or street--

((I) \\,itllout Iigliting
(11) with ordinary lighting
((3) ivit11 neon o r lilerctlry lighting
(2) Seventy-five per cent of the tas paid by every person. ~ ~ l i dsub-section
er (I)
shall be crcJlitedto tlic State Governnirnt account and the balance o f t\~.entv-fi1.eper cent
shall bc c ~ . ~ t i i ~loc ~Iic
d ('orl>o~.;ltitln i l l sucll 11ianllc.r as may bc prcscribcil.".
;~ccou~lt
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.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 93

"285-CC. Tns on arlver-tisernent om Itotrrrling.~-- ( I ) Notwithstanding allything

X
contained in this Act, every person, who is granted licence under section 285-C shall payb
o? ev~ry~?dve{fi$ement on hoardings, a tax calculated at such rates as may be prescribed,
,, , ,. t:,

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 ' ' 1.1 i < ~ > i r ~ b n . dr~ A '; "F
r'
I '

# ! 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

(b) with ordinary lighting

(c) with neon or mercury lighting
3. Hoardings in other road or street-
1 ((I) without lighting SC) 100
1 1

(b) with ordinary lighting

X (c) with neon or mercury lighting 70 250

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

- in othei road or street -

3. Hoardings
(tr) without light~ng ,20 60
( h ) with ordinary Iightiiip X) 120
( c ) with neon or mercury lighting a 150
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04 TAMI!,NADU G O V E R N M E N ' T GAZL'lTF: EXTKAOKDINARY

--

(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

(b) for the expression "executive authority", the expression "District

Collector" shall be substituted;
(2) in sub-section (3), for the expression "Taxation Appeals Cornlittee", the
expression "State Government" shall be substituted.
Anicndmcnt of 17. In section 285-5 of the principal Act, for the expression "executive authority", in
Swtio~i285-J. four places where it occurs, the expression "District Collector" shall be substituted.

..
PART-IV

AMENDMENTS TO THE MADURAI CITY MUNICIPAL CORPOR~TION

AO,1971.
, .
Amend~ncntof 18. In section 410-B of the Madurai City Munic~palCorporation Act, 1971 (hereafter
Secrlon 410-B in this Part referred to as the prtncipal Act), in sub-section ( l ) , for the expression
"Corniiss~oner",the expressloll "D~strictCollector" shall be substituted.

Amendment of 19. In section 41 0-C of the principal Act,-

Sect~on410C
(1) for the expression "C'omn~~ss~oner",in three places where it occurs. the
expression "D~stnctCollector" shall be subst~tuted,
(2) after sub-scctton ( A ) , the followtng sub-sect~onshall be added, namely:-

"(5) The fee patd under sub-sect~on( 1 ) shall be credtted to the

Government accoitnl In such manner a5 may be p ~ c s c r ~ b e"d
Insert~on o f 20. After section 41 0-C' oftlie pr~nctpalAct, the following sectton shall be ~nserted,
ne\\ bectloll
namely: -
4 10-CC
"4 10-('(1. 7ir.r oil rrtlvor.~i.sc~r~i~~n~
on Irotlriliiigs; .- ( 1 ) Notwithstanding anything
containecl i l l this Act. e \ w y pcsson. \\,ho is grantcd licetlcc. ttnder section 4 1 0 - ~ s t 1 ~pay,
ll
on every adcertiscnient on hoartlit~gs.a tax calculated at'such rates a s m i y bc PI-cscrihccl.
having regard to t l i location. size. reach and nature of' the advei-tisemellt but sub.iect to
the masima ant1 1lii11i111aspcci1'ic.d in IIIC l'ahle bclo\\.: . . .
. . . ' . . . ( I . ,
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'TAMIL NADlJ G O V E R N M E N T GAZETTE ESTKAOII.DII'JARY

- 05
- .I

fdoctrlir)niclnil Nrrflrrr Hrrtr.\ of ttrs ,r~er

F /r,t1tr.epcr'
.scl~rrrr~r
Illll/ 19c.trr
I
(RII/)~Y.\)
.J
(1) (2)

Q 1 . Hoardings in arter~alroad w ~ t hbus route--

(N) without lightiilg
Mtntmutli

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:

24. In section 4 10-H of the principal Act,-- Anicndnient of 1

( 1 ) in sub-section (l),- - Ji0-1l

( t i ) for the expresslon "Standing Committee". the exprzsslon "Government"

shall be substituted;-

I
( h ) for the expresston "Commissioner".-tlu: exptesslon "l)~strtctZollector"
i. shall be substituted;
G

(2) in sub-section (3). for the evpressiot~"Stantl~ngConlnltttee". tile expression

, r,
"Gckirnment" shall be substituted.
7 5 . In section 4i0-Jof the princlpal Act. fo+ths expresston "('ohmitssioher'*, tn four r'nx"dnKn'
Ca . secbon 410-.I
places :where it occurs, the exgresslon "D~strictCollector" shall be substiti!~ed.
k ; . f , + , -- : 2 , , .. f 8 ' . I . . , . ' ' c.,7.< - I
k !, .<iy,.;...3 .z( g',.': ,.. :*.* , ..*. '" , . ' ,. *. . i r .. jf(

i
m i -. a , U a m*-;me
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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

(c)nith neon or Inelcut y I~ghting

(2) Seventy-five pel cent of the tax p a ~ dby every person, under sub-sect1011( 1 )
~lhallbe cred~tedto the Government account and the balance of twenty-five per cent shall
be credited to the Corporation account In such manner as may be prescribed.".

- -- -- - - _ -__
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J I o- I)

30. I11 sect1011410-E of the p r ~ n c ~ p Act,

a l for the expressloti "('onlmiss~oner". the of
expression "District Collector" shall be substituted sectloll
4 10-I-
3 1. In sect~on4 10-F of the principal Act. for the expresston "Con~niisstoner",in two
Amelidtnent of
places where tt occurs, the expresston "D~strlctCollector" shall be substituted.

32. In sectlon 410-Hof the prtnctpal Act,- Amer~dn~entof

\et tlon
( 1) in sub-section ( I),- 4 10-H
(a) for the expresslon "Standtng Cornnuttee", the expresston "Government"
shall be substituted;
(6) for the expresslon "Comrn~sstoner", the expresstotl "D~strlctCollector"
shall be substituted;
(2) in sub-sectlon (3), for the expression "Standtng Committee", the expression
"Governn~ent"shall be substltuted.
33. In section 410-J of the principal Act, for the expresston "Cornmissloner", In four h-1endmcn1 of
sectlon
places where it occurs, the expression "District Collector" shall be substituted. 4 10-.I.
PART-Vl
SPECIAL PROVISIONS -

,, 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.

(By order of the Governor)

A. KKISHNANKI Il'TY NAIR

Src r.c~ttrr:r to Gol-er.r~~rrerr/.
L - r r ~ ~D~~pirr~nrertt
f

I
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LatestLaws.com
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:-

ACT No. 33 OF 2003.

An Act further to anlend tlte laws relating to the Municipcrl Corporations a n d
Municipalities in the State of Tumi! Nadu.
k BE it enacted by the Legislative Assembly of the State of Tamil Nadu In lhc Flfty-fourth
Ci Year of the Republ~cof India as follows:-
8

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.

AMENDMENT T O THE CHENNAI CITY MUNICIPAL CORPORATION

ACT, 1919.
bl Nadu ~ c t 2. After section 255 of the Chennai City Municipal Corporation Act, 1919, the following lnsertion of new
kor 1919 section shall be inserted, namely:- section 255-A.
"255-A. Provision of Rain Water Harvestiilg Structure.-41) In every building owned or
occupied by the Government or a statutory body or company or an institution owned or controlled
by the Government, rain water harvesting structure shall be provided by the Government or by such
statutory body or company or other institution, as the case may be, in such manner and within such
time as may be prescribed.
(2) Subject to the pmvisioi of sub-section (I), every owner or occupier of a build~ngshall
provide rain water harvesting structure in the building in such manner and within such period as
may be prescribed.
,I I

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

AMENDMENT TO THE TAMIL NADU DISTRICT MUNICIPALITIES ACT,

.. 1920.
' <
ladu A C ~ 3. After section 215 of the Tamil Nadu Districf Municipal~t~es
Act, 1920, the following lnsertion of new
920 section shall be inserted, namely:- section 2 15-A.

"2f5-A Provrsion oJHarlr Water Iltrri~esfrrrgS//.~rcllrrc--(I) In cvery bu~ldrngowned or I

occupred by the Government or a statutory body or a company or an tnstttutlon owned or controlled
by the Government, ratn water harvesttng structure shall be prov~dedby the Government or by such
statulory body or company or other tnstttut~on,as thc case mJy bc, In such manncr anti w~thtnsuch
i
runic as may be prescr~bcd
1
,I
(2) Subject to the provlslohs of sub-scct~on( 1 ), cvcry owncr or occuprer of a build~ng
I shall provide rrinwater harvcstiny structure In thc butld~rlyIn such itianncr and w ~ t h ~such
n pcr~od
! as may be prescrlbcd

E
i
I
DTP--IV-2 Ex 1320) la
I

' . I
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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

A M E N D M E N T TO THE MADClRAl CITY RlUNlClPAL CORPORATION

I ACT, 1971.
1 Insertion of new
section 295-A.
4 . After section 295 o f the Madurai City Municipal Corporation Act, 197 1, the lalilll Nadu
following section shall be inserted, namely:-
Sft.lrcrtrl.e.---(1) In every building
"295-A. Provisioti qf'R~irrIV[rter.l~clrvesrir~g
owned or occupied by the Government or a statutory body o r a company o r an
institution owned o r controlled by the Government, rain water harvesting structure
shall b e provided by the Government or by such statutory body or conlpany or other
institution, a s the case may be, in such manner and within such time as may b e
prescribed.
(2) Subjcct to the provisions of sub-scction ( I ) , cvcry owner or occupier of a
building shall provide rain watcr harvesting structure i n the building in such manner and
within such period as may he prescribed.
Explanntion..-- Where a building is owned o r occupied b y more than one person,
every such person shall be liable under this sub-section.

' ,

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
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(2) Subject to the provisions of sub-section (I), every owner or occupier of

a building shall provide rain water harvesting structure in the building in such manner
and within such period as may be prescribed.
Erp1anntion.--Where a building is owned or occupied by more than one person, every
I .
such person shall be liable under this sub-section.

(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,

(By order of the Govcrnor)

A. K R I S H N A N K ~ A Y N A m ,
Secrrtaiy to Government.
Low Department.
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ACT No. 41 OF 2003.

An Act further to amend the Chennal City Municipal Corporation Act. 19 19.
BE it enacted,by the Legislative Assembly of the State of Tamil Nadu in the Fifty-fourth Year of the
Republic of India as follows:- ,
1. ( I ) This Act, may be called the Chennai City Municipal Corporation (Amendment) Act,

(2) It shall be deemed to have come into force on the 30th October 2003.

"78. Powers bf ntunicipal puthorities to samctioit estimates.-The powers of the different

municipal adthotities tt3 sahction ektrmates shall be as follows:-
(a) when tpe amount f esfimate does not, exceed one lakh of rupees, the sanction of the
C O ~ ' C & (&
~Ykfsrwft?e$bK~lf &
requir~d; *

, sf!'

(c) when the amount of estimate exceeds thirty-five lakhs of rupees but does not exceed'
forty lakhs of rupees, the sanction of the concerned standing committee (other than the standing
committee on taxatioi'and finance) shall be required;
(d) when the amount of estimate exceeds forty lakhs of rupees but does not exceed forty-
five lakhs of rupees, the sanction of'the standing committee on taxat~onand finance shall be required;
(e) when'the amount of estimate exceeds forty-five lakhs of rupees but does not exceed
fifty lakhs of rupees, the sanction of the council shall be required;
V) when the amount of est~mateexceeds fifty lakhs of rupees, the sanction of the State
Government shall be required.
79 Works costing more tho11 tittrty-five lakl~sof ntpees - ( I ) Where a project 1s framed for
the execution of any work or series of works the ent~reest~matedcost of wh~chexceetls th~rty-five
lakhs of rupees,-
(a) the commlssloner shall cause a deta~led report to be prepared ~nclud~n;;such
estimates and drawlngs as may be requls~teand shall lay the same,-
(i)before the concerned stand~ngcomm~ttee(other than the standlng comm~fteeon
taxatlon and finance), if the entire est~matedcost exceeds thlrty-five lakhs of rupees hut does not
exceed forty lakhs of rupees;
( i i ) before the standlng comm~tteeon taxation and finance, ~f the entlre est~mated
cost exceeds forty lakhs of rupees but does not exceed forty-five lakhs of rupees;
(tit) before the counc~l,~fthe cntlre est~niatedcost e.tcccds forty-fikc lakl~sof rupees
( h ) the conccrncd st;lndlnp com~nlttcc01 tllc S ~ : I I I ~ ~ I I Iconi~iilltcc
LJ 011 t.~\.ltloll.~tldf~ll;ltlcC
or the counc~l,as the case may be, shall cons~dcrthe report and niay ilpprovc ~t c~thcrI I I 11scntlrrty
or subject to mod~ficat~on or may rcject the same
(2) (a) Where the councll approves the project, subject to any n~od~ficatlon
or othcrw~sc,the
ent~reest~matedcost of wh~che.ltcecds fifty lakhs of rupees, the same shall be subni~ttcdto t h State
~
Government

--
- -- - - -- -

*-
--.-L--- - - - ----------
s t ~ &I-d --tinR~w.r-la- - - k
#I-
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~rnenhrncntof 3,. In scctron 80 01 thc prrncrpal Act, for sub-scctron (2), the followrng sub-scct~onshall bc
scction 80. sub'stitutcd, nilnl~ly- - I 1
, %

"(2) Every contract on behalf of thc corporatron shall bc made by the commlssroner
sdbjcct to the followrng provrsroris, ndmely -
( ( I ) no contract thc estiriiatcd cost of which docs nolcxcccd one lakh of rupccs shall bc
madc by thc conimissioncr unlcss it has bccn sanctioned by thc concerncd wards comniittcc;
( h ) any contract thc cst~matcdcost of which cxcceds onc lakh of rupccs but doc: not
cxcccd th~rty-fivclahhs of rupccs may bc made by thc comnirssioncr;
(c) no contract the est~mjtcdcost of whlch exceeds thirty-five lakhs of rupees but docs
not exceed forty lakhs of I tipccs shall bc madc by the commissioner unlcss rt has bccn sanctroncd by
the concerned st~ncl~np conirnittce (other than thc standrng comni~tteeon taxatron and finance),
((1) n o contract the cstiniated cost of which cxcceds forty lakhs of rupecs but does not
cxcecd li)rty-live I;rklis 01' rul)cch shall bc ~n;~tlc ur~!csail 11;~sbeel) saricliorictl
by tlrc co~llrilibs~oricr
by thc standing comniittcc on taxation and finance;

i
1
( c ) no contract the cstimatcd cost of which exceeds forty-five lakhs of rupees but does
not exceed fifty lakhs of rupecs shall bc madc by the cornniissioncr unless it has bccn sanctroncd by
the council;
(1) no contract the estimated cost of which exceeds fifty lakhs of rupees shall be made
by the commiss~onerunless it has bccn sanctroned by the State Government:
I

I ( g ) every contract the cstrmntcd cost of whrch exceeds forty thousand rupees madc by
the commrssroner shall be reportcd to thc conccrncd standing commtttec wrthrn fifteen days from thc
I Repeal and
date on whrch rt has bccn made ".
4. ( 1 ) The Chennar Crty Municrpal Corporatron (Amendment) Ordrnance, 2003 IS hereby Tan
1 saving repealed. 01
0 1'
(2) Notwithstanding such rcpcal, anything done or any action taken under the principal Act,
as amended by the said Ordinance, shall bc deenicd to have be ,n done or taken under the principal
Act, as amended by this Act.

( B y order of thc Go\~crnor)

A. KRISHNANKUTTY NAIR,
Seeretar?; to Government,
Law Department.
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$ 6

').

TAMIL NADU
GOVERNMENT GAZETTE

I
No. 1401 CHENfW, WEDNESDAY, JUNE 22, 2005
Aani 8, Parthiba, Thiwalluvar Aandu-2036
-

Part

I 'Famil N d u Acts and Ordinances.

R m e ~Actof l ~ WTanzEt NAu Legisfatiwe Asembty r&ie31 thc!assent of the

GrPmal:on Ute 21st J u n e 2 W arsd is hereby puMisAed f3r general,nfonnakn:--

1- TE+S ~d m y t~ c a ~ e d * c?xmsai ~XY ~ocper.+ ~~mem :*~

shmrltnltlb-
-m.
1-1' N ~ G Y J 2. JR secka 53 of & G k m m ChBy d I ChpamLRXI
~ AfX ~ 3 9 19 I ~teehafter&GI '& A i m m a
MNo1 b as ike pimipd ACtJ. in (1%fi-4 &use (!). for eqess'x)"~ %e n d i w of the ~~53-
1512 kginnirq kam*, !he exprcsskn "thr~e
for a p&d thme m s e ~ ~ +mh w
0c.rwmthe m@etiI-qsof pf mGaL.L ?G;EJ aft& shal be subsPe3ted.

I (By o&r af the Governor)

L. JAYASAfUKAMN,
Secretary Bo Governmnt,
Law DepaPmenL

f 291
lmlMKEDN-BYm OF STATKWEFW M
I
O N ~ O ( F ~ ~ T ~ T ~ ~ L P . B G 6 # I
i
i
i
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TAM.IL NADU GOVERNMENT GAZETTE EXTRAORDINARY 33

--- -.

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 :-

ACT No. 18 Of 2006.

An Act further to amend the laws relating to the Municipal Corporations

and the Municipalities in the State of Tamil Nadu.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the

Fifty-seventh ,Year of the Republic of India as follows:-
PART I.
PRELIMINARY.
1. (1) This Act may be called the Tamil Nadu Municipal Law$ (Amendment) Shorr litk and
Act, 2006. comrnence-
rnent.
(2) It shall be deemed to have come into force on the 14th day of
July 2006.
PART 11.
AMENDMENTS TO THE CHENNAI CITY MUNICIPAL COFtPORATlQN ACT, 1919.
Tamil Nadu 2. For Sections 28 and 29 of the Chennai City Municipal Corporation Act, 1919 Substitution of
sections 28
Act I V of (hereinafter in this Part referred to as the 1919 Act), the follawi~qsections shall and 29.
1919 be substituted, namely:-
"28 Election of Mayor and Deputy ma yo^-(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 to be the Deputy
Mayor.
(2) A Deputy Mayor on being elected as Mayor shall cease to be the
Deputy Mayor.
29. 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 t ~ ethe councillor.
(2) On the occurrence of any vacancy in tW Office of Mayor or Deputy
Mayor, the council shall, w~thinsuch time as may be prescribed, elect a successor,
who shall be entitled to hold offide so long as the person in whose place he IS
elected would have been entitled to hold it if the vacancy had, not occurred.
1

i
(3) A Mayor or a Deputy Mayor shall be deemed to havc~vacated hls office
.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
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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.
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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.

(13) If the motion is not carried by such a major~tyas aforesaid, or if the

meeting cannot be held for want of a quorum, no notice of any subsequent motion
expressing want of confidence in the same Mayor or the Deputy Mayol- sliall be
received until after the expiry of six months from the date of the n ~ e e t i ~ g

(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.".

"councillor or Mayor", the word "councillor" shall be substituted.

I
5. 1r1section 59 of the 1919 Act, in sub-section (2), in clause (c), for the words

I
6. In section 348 of the 1919 Act, clauses (a) and (b) shall be omitted
Amendment of
sect~on59.

Amendment of
section 348

AMENDMENTS TO THE MADURAI CITY MUNICIPAL CORPORATION

ACT, 1971.
Tam11Nadu 7. For sections 29 and 30 of the Madurai City Municipal Corporation Act, Subst~tutionof
l 5 Of sections 29
1971(hereinafter in this Part referred to as the 1971 Act), the following section$
1971 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 to 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 hcld office for a period of five years from the date of his
election provided that in the meantime he does not cease to be the councillor.
(2) On the occurrence of any vacancy in the office of Mayor or Deputy
Mayor, the cou~lcilshall, within such time as may be prescribed, elect a successor,
who shall be entitled to hold office so long as the person in whose place he is
elected would have been entitled to hold it if the vacancy had not occurred.
(3) A Mayor or a Deputy Mayor shall be deemed to have vacated his office
oh his becoming disqualified for holding the office or on his removal from off~ceor
on the expiry of his term of office or on his otherwise ceasing to be the Mayor or
Deputy Mayor, as the case may be.".
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I 86 TAMIL NIADU GOVERNMENT GAZETTE EXTRAORDINARY
I -.-------. - ----.-

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
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY - 87

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(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.

(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 subsequent motion
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 meetrng.

(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
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(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 + , ,

50-c. "50-B. Sfate Government to remove ~ a l o or r ' ~ e & t ;~~. a y o r - ( l )The

State Government may, by notification, remove a Mayor or a Deputy Mayor, .who
in their opinion wilfully omits or refuses to carry out'or disobeys the provisions of
this Act or any rules, by-laws, regulations made or lawful orders issued under this
Act or abuses the powers vested in him. . I I \

(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
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T~MIL,!~.,NADU~
GOVERNMENT G'AZETTE EXTRAORDINARY ..".. ....8,9i
.> ,) *
(8) No debate ori any motion under this section' shall be adjourned.
7 ,

,. 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.".

words "councillor or Mayor", the word "councillor" shall be substitu ed.

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;".
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90 TAMIL NADU GOVERNMENT GALE I I k LA r 4 ,, i, . ,.d llr . I
-3
1 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

(ii)cancel or modify a notification issued under sub-section (I); or

(iii) alter the name of the panchayat town specified under clause
(b) of sub-section (1).
(d) Before issuing a notification under clause (a) or under clause (b)
read, with sub-section (1) or under clause (c), the Governor shall give the town
panchayat or town panchayats which will be affected by the issue of such notification,
a reasonable opportunity for showing cause against the proposal and shall consider
the explanations and objections, if any, of such town panchayat or town panchayats.
(4) Any rate-payer or inhabitant of such area or any town panchayat
concerned may, if he or it objects to any notification under sub-section (1) or
sub-section (3),appeal to the High Court within such period as may be prescribed.
3-Q. Constitution of town panchayats.-(1) Save as provided under
sub-section (2),every town panchayat shall consist of the elected members as
determined under section 3-X.
(2) The following persons shall be represented in the town panchayat.
namctly:-
(a) the members of the House of the People and the members of the
State Legislative Assembly representing a constituency cowprisrng,the whole or
"
any part of the town panchayat; and
.
I

, L \

, . I , 1
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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
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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:
'

that no person shall be eligible to be elected under this Act as a

ore than one town panchayat.

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

pancliayats in the State. ..aa

,' 'i - 4 t , t- <e -..
( b ) The office; of the chairmen of the town-'pa'nchayats shall be
resented for women belonging to the Scheduled Castes and'the Scheduled Tribes
from among the offices reserved for the persons belonging'to tkie scheduled
Castes and the Scheduled Tribes which shall not be less,than ope-third of the total
number of offices reserved for the Scheduled Castes andhthe ,Scheduled Tribes.
T 4
. I

(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.
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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,.,

such ordinary election. .

I
".

(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.
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94 TAMIL PlADU GOVERNMENT GAZETTE EXTRAORDINARY
- ____ _ _ _ _ _______
_ _ -_ -_-_I_._.- ---
._ *-__-..

(2) Subject to the provisions of sub-secti~n(I),

the provisions of this Act
and the rules made thereunder shall apply to the town paochayat referred to rn

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.

20. In section 8 of the 1920 Act,-

section 8. , '
, s j

( 1 ) in the marginal heading, for the expression. uchairmanor quncillors",

the wgrd 'councillorswshall be substituted: " i .;
(2) in sub-section ( 1 ) , for the expression 'chairman and councillors", the
word 'councillors* shall be substituted;
(3) in sub-section (2), for the expression *chairman and councillors", the
word 'councillorsw shall be substituted;
(4) sub-section (2-A) shall be omitted;
(5) in sub-section (3), for the expression "The chairman or a councillor",
the expression 'A councillorwshall be substituted;
(6) in sub-section ( 4 ) , for the expression "The chairman or a councillor",
the expression 'A councillor" shall be substituted;
(7) in sub-section (5),for the expressions "The chairman or councillor" and
'The chairman or the councillor", the expressions "A councillor" and 'The councillor"
shall, respectively, be substituted.
I" Amendment of 21. In section 9 of the 1920 Act.-
section 9.
( I ) in the marginal heading, for the expression "chairman or councillor".
the word 'councillor" shall be substituted;
(2) in sub-section (I), for the expression "chairman or councillor", the word
"councillor" shall be substituted;
(3) in sub-section (3), for the expression "a cRairman or a councillor
elected under sub-section ( I ) " , the expression "a councillor elected under this
section" shall be substituted.
:
i Amendment of
sect~on12
22. In section 12 of the 1920 Act,--
I ( 7 ) before sub-section (3), the following sub-section shall be inserted,
I
namely:-
I
/ "(2) Every council shall elect one of its members to be its chairman.";
(2) for sub-section (4). the following sub-section shall be substituted.
namely:-
"(4) A chairman shall be deemed to have vacated his office on the
expiry of his term of office as a councillor or on his otherwise ceasing to be the
councillor.".
Amendment of 23. In sectlon 12-A of the 1920 Act, includtng the marginal heading. for the
sectton 12-A expression "vice-chairman", occurring in two places, the expression "chairman or
vice-chairman" shall be substituted.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 95
- ---
24. For Section 14 of the 1920 Act, the following section shall be substituted, Substitution of
namely:- section 14.

"14.Tlie chairman to be member of every committee of the council.-The

chairman shall, by virtue of his office, be a member of every committc?e of the
council.".
25. In section 30 of the 1920 Act.-- Amendment of
section 30
(1)in the marginal heading, for the expression "chairman and c~uncillor",
the word "Councillor" shall be substituted;
(2) in sub-section (I),for the expression "chairman or councillor", the word
"councillorn shall be substituted.
26. In section 40 of the 1920 Act, including the marginal heading, for the Amendment of
expression "vice-chairman", wherever it occurs, the expression "chai;man or vice- section 4 0
chairman" shall be substituted.

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.
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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(

1 (a) in the opening part,-

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.

a
respectivfly, be substituted;
( ) in sub-section (3), for the expression "chairman or the councrllor", the
word "co ncillor" shall be substituted.
Amendment of
section 368. i,
36. 1 section 368 of the 1920 Act.-
(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.
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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'

(By Order of the Governor.)

S. DHEENADHAYALAN,
Secretary to Government-in-charge,
Law Depadment.
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- .
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.m

LatestLaws.com
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:-

ACT No. 37 OF 2007.

An Act further to amend the laws relating to the Municipal Corporations and the
Municipalities in the State of Tamil Nadu.
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the
Fifty-eighth Year of the Republic of India as follows:-

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.

AMENDMENTS TO THE CHENNAI CITY MUNICIPAL CORPORATION ACT, 1919.

2. In section 44-AC of the Chennai City Municipal Corporation Act, 1919,- Amendment of
section
(1) in sub-section (2), for the expression "not less than one half of the 44-AC.
sanctioned strength", the expression "not less than three-fifth of the sanctioned
strength" shall be substituted;
(2) in sub-section (12), for the expression "not less than three-fifth of the
sanctioned strength", the expression "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 notice 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.".
3. Any motion expressing want of confidence in the Mayor or Deputy Mayor made Abatement of
under section 44-AC and pending before any officer, authority or the Government, no
as the case may be, as provided in section 44-AC, immediately before the . confidence
commencement of this Act, shall abate. motion. "

AMENDMENTS TO THE MADURPI CITY MUNICIPAL CORPORATION ACT, 1971.

du 4. In section 48-A0 of the Madurai City Municipal Corporation Act, 1971,- Amendment of
rf section
48-AB.
(1) in sub-section (?), 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 substituted;

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 ,
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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.

AMENDMENTS TO THE COIMBATORE CITY MlJNlClPAL

CORPORATION ACT, 1981.
Amendment of 6 . In section 50-C of the Coimbatore City Municipal Corporation Act, 1981,-
section 50-C.

(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.

AMENDMENTS TO THE TAMIL NADU DISTRICT MUNICII'ALITIES ACT, 9920.

Amendment 8. In section 40-A of the Tamil Nadu District Municipelities Act, 1920,-
of section
40-A.
(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 substituted;
(2) in sub-sectio~i(12), for the e x p l e s s ~ o ~
nut
~ less than three-fifths of the
sanctioned strength", the expression "not less than four-fifth of the sanctioned strength"
shall be substituted;
(3) in sub-sect~on (13), for the expression "six months", the expression
'one year" shall be substrtu:ed;
 LatestLaws.com

"(14) No notice of a motion under this section shall be received,-

(i) within one year of the assumption of 2ffice by; or
(ii) during the last year of the term of office of,
a chairman or a vice-chairman.".
9. Any motion expressing want of confidence in the chairman or vice chairman Abatement of
made under section 40-A and pending before any officer, authority or the Government, no
as the case may be, as provided in section 40-A, immediately before the commencement confidence
of this Act, shall abate. motion.

10. (1) The Tamil Nadu Municipal Laws (Amendment) Ordinance, 2007 is hereby Repeal and
saving.

(By order of the Governor)

S. DHEENADHAYALAN,
Secretary to Government-in-charge,
Law Department.
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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:--

ACT No. 9 OF 2008.

An ~~t funher to amend the h w s relating to the Munkipal Cofporafions
and tl7e Munjcipa(itles in the State o f Tamil Nadu.
BE it enacted lly ?he Leglslat~be Assembly of the State at Tamil Nadu In the
Fifty-n~nth {ear of the Repi~blicof India as follows:-

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 CITY 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.

AMEND JiENT TO THE TAMIL NADU DlSf13Icl-

MUF.iICI"ALITIES ACT, 1920

5 In 1I1(: Tamil Na:lu Act, 1920, sqcrlons 40430 and

i j r s l r ~ ~Munic.~[)al~lles
t Omlsslonof
313-A shall be o r r l ~ l t o ~ j sections
40-88 and
3 14-A
(HY order o! the Governor)

S DHEFNADHPYALAN,
Sectela~ylo Govcmmen!-~ncharge,
Law Depsrtme~it.

A
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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:-

ACT No. 24 OF 2008.

An Act further to amend the laws relating to the Municipal Corporations and the
Municipalities in the State of Tamil Nadu.

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

AMENDMENTS TO THE M A D U W CITY MUNICIPAL CORPORATIONACT, 1971.

u Act 6. In section 410-C of the Madurar Clty Munic~palCorporation Act, 1971, (hereinafter Amendment
'1 in t t i s Part referred to as the principal Act), in sub-sect~on ( 5 ) , for the expression of sectlo"
"Government account", the expression "Corporat~on account" shall be subst~tuted. 410-C

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".
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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:-

ACT No. 35 OF 2008.

An Act further to amend the laws relating to fhe Municipal Corporations

and the Muni~ipalitiesin the State of Tamil Nadu.
B E ~t enacted by the Legrslat~ve Assembly of the State of Tamil Nadu in the
F~fty-n~nth
Year of the Republ~cof lndla as follows -
PART -I
PRELIMINARY.

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

AMENDMENT TO THE CHENNAf ClTY MUNICIPAL

CORPORATION ACT, 1919.
ri Nadu 2. After section 58 of the Chennar Crty Munrcrpal Corporation Act, 1919, the followrng Insertion of
sectlon shall be Inserted, namely - ne N
Uol 1919 sectton 58-A
58-A Grant of p a ~ dholiday to employees on the day of poll-(1) Every person
employed ~n any busrness, trade, rndustrial undertaking or any other establishment and
entltled to vote at electron to the corporatron shall, on the day of poll, be grantej a
holrday
(2) No deduction or abatement of the wages of any such person shall be made
on account of a holiday having been granted in accordance with sub-section (1) and
if such person is employed on the basis that he would not ordinarily ieceive wages for
such a day, he shall nonetheless be paid for such day the wages he would have drawn
had not a holiday been granted to him, on that day.
(3) If an employer contravenes the provisions of sub-section (1) or sub-section (2):
then such employer shall be punishable with fine which may extend to five hundred
rupees.
(4) Tllis seclron shall not apply to any elector whose absence may cause danger
or substantial loss In respect of the employment rn whrch he is engaged.".

PART - Ill

AMENDMEN? TO THE MADURAI ClTY MUNICIPAL

CORPORATION ACT, 1971.
3. After sectlon 65 of the Madural Crty Municipal rorporation Act, 1971, the following lnsert~onof
section shall be tnserted, namely - new
sectton 65- A
'65-A Grant of p a ~ dhol~dayto employees on the day of poll--(l) Every person
employed In any busrness, trade, rndustrral undertakrng or any other establrshment and
ent~tledto vote at electlon to the corporation shall, on the day of poll, be granted a

( 2 ) No deductron or abatement of the wages of any such person shall be made

or) ; ~ c c o ~ tof
~ l t;I liolrdny Iiavlnq bean granted In accordance with sub-sectron (1) and
~ C C ~ I Vwages
11 s11c.11I)I~~!;OII1s c!rrlr)loyc:(l OII It10 t);lsls tIia1 h(: w0~11(11101 ord~~wrily C lor
such a day, he shall nonet"l1ess be pard for such day the wages he would have drawn
had not a hollday been granted to hrrn, on that day
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138 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(3) If an employer contravenes the provisions of s u ~ s x t b n(1) or sub-section (2).
then such employer shall be punishable with fine which may extend to flve
1) (~ndredrupees.

(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

AMENDMENT TO THE COlMBATORE CITY MUNICIPAL

CORPORATION ACT, 1981.
lnsert~onof 4. After section 67 of the Coimbatore City Municipal Corporation Act, 1981, the
new following section shall be inseri,;f. namely :-
section 67-A.
-67-A. Grant of p t id holiday to employees on the (lay of poll.-(1) Every person
! employed in any business. trade. industrial undertaking or any other establishment and
i entitled to vote at election to the corporation shall. on the day of poll, be granted
a holiday.
\
(2) No deduction or abatement of the wages of any such person shall be made
on accoilnt of a hol~dayhaving bccr~granted 11) accordarrcc w~ltlsut, sc-cl~orl(1) and
~f such person is employed on the basls lhat he would not ordlnar~lyrecelve wages for
such a day. he shall nonetheless be paid for such day the wages he would have drawn
h d not a holiday been granted to him. on that day.

(3) If an employer contravenes the provisions of sub-sect~on (1) or

employer shall be punishable w~thfine whtch may extend

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.

(3) If an employer contra~enes the provis~ons of sub-section (1) or

sub-section (2). then such employer shall be punishable with fine which may extend to
five hundred rupees.
(4) This 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."

(By order of the Governo.)

\.
S. DHEENADHAYALAN,
Secretary to Gevernment,
Law Department.
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!# ACT Nb. 36 OF

An Act further to amend the l a m relaCim 2 0 hcdlumicipal Corporations

and the M ~ n i c i p a l ~ e
insthe d T m i l Nadu.
'
i the

. - --
I
ANl~NUmcn
n nv rn - -

,n he Urwic h m-m wdk

1 ~m,9,,ii section 390-A, for the
Mll be substituted.
Amendment of
section 390-A.
erpreSm
hnt F*'

,,,",L ..,.. L.. . -- -

4. I,, lkllr r;ovna;.np ~ t t t yIYIUP~I ~ h m Mt, m 1191,.h soc110n 482. for the Amendment of
yead. ae qmesmsxn ' ' t w i d k m'''
Mil 16 substituted. section 482.

samemq to Government.
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!
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^-

ACT No. 37 OF 2008.

I

An Act further t o amend the laws relating lo the Municipal Corporations

and the Municipalities in the State o f Tamil Nadu.
Br. it enacted by the Leg~slativeAssembly of the State of Tamil Nadu in the Fifty-n~flth
Year of the Republic of lndla as follows.-
PART- I

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

AMENDMENT 1-0THE CHENNAI ClTY MUNICIPAL CORPORATIONACT, 1919

2. After section 404 of the Chennai City Municipal Corporation Act, 1919. the following Insertion of
shall be ~nserted,namely'- new
section 404-A.
"Maintenance of Records.
404-A. Maintenance of records and disclosure of information by the zorporation.-
The corporation shall, maintain all its records duly catalogued and indexed, and publish
such information, in such form, in such manner and at such intervals. as may be
prescribed.".

PART- Ill

AMENDMENT TO THE M A D U R A l C l T Y MUNICIPAL

CORPORATION ACT, 1971.
?du 3. After section 498 of the Madurai City Municipal Corporation Act, 1971, the following lnsertlon of
shall be ~nserted,namely:- new
1971
sectlon 498-A.
1 "Maintenance o f Records.
498-A. Mailltel~anceof records and disclosure o f informatior! by the corporation.--
The corpwation shall, maintain all its records duly catalogued and indexed, and publish
such information, in such form, in such manner and at such intervals, as may be
prescribed.".

PART- IV

AMENDMENT TO THE COIMBATORE ClTY MUNICIPAL

CORPORATION ACT, 1981
ladu 4. After section 497 of the Co~mbatoreCity Municipal Corporat~onAct, 1981, the Insertion of
following shall be Inserted. namely - new
'981 section 497-A
'Maintenance o f Records.
of /oco/tls i l ~ r t(i i ~ s c l o s r ~ofr ~~ ~ r f o r ~ r t ohy
4 9 7 - A Mfi//tf~'/~ii/~r:o l ~ othe -
~ t col;nornbo~~
The corporation shall, maintarn all its records duly catalogued and indexed, and publ~sh
such lnformatlon, In such form, in such manner and at such ~ntervals, as may be
prcscr~bcd'
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ACT No. 38 OF 2008.

An ~~t further to amend the laws rr2lating to the Munjcipd C o r ~ o ~ ~ ~ ~ ~

--and the Municipalities in the State of Tamil h d u .

BE enacted by the Legislative Assembly of the State of Tarnil Nadu In the

Year of the Hepubl~cof lndla as follo~S.-

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

AMENDMENTS TO THE CHENNAl CITY MUNICIPAL

CORPORATION ACT, 1919.

2. In sect~on4 of the Chenna~C~tyMunicipal Corporation Act.1919 (hereinafter in Amendment of

this Part referred to as the 1319 Act), In sub-section (3), for clause (a), the followlng SeCtlOn 4
1919 clauses shall be substituted, namely -
"(a) a Mayor,

(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

(3) The Mayor shall be bound to transmit communicat~onsaddressed through ,

hlm by the cornmlssloner to the State Governmclnt or by the State Government to the
comrnlssloner Whlle transmlttlng conimun~cat~ons from the commlssloner to the State
Government, the Mayor may make such remarks as he thinks necessary.

37-A. Entrustment of additional functions to Mayor.-The State Governrl.lent may,

subject to the provlslons of thls Act and.the rules made thereunder, by n o t ~ f i c a t ~entrust
~n,
to the Mayor such addltlonal functions as ~t may deem necessary for carrylng obt the
purposes of thls A c t "

p-IV-2 Ex. (1681-2

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A M E N D M E N T S T O THE MADURAI C l T Y MUNICIPAL

CORPORATION ACT, 1971

Amendment of 4. In sect~on3 of the Madu.a~Clty Mun~c~pal Corporation Act,1971 (here~nafterln Tam11

sactlon 3 thls Part referred to as the 1971 Act), rn sub-section (3), for clause (a), the :ollowrng Act
clauses shall be substltuted, namely -
"(a) a Mayor ;
(aa) a councll ,''

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.

38-A. Entrustment of additional functions to Mayor.-The Government may.

subject to the provlslons of thls Act and the rules made thereunder, by notlflcatlon, entrust
to the Mayor such addit~onalf~nctrons as ~t may deem necessary for carryrng out the
purposes of this A c t "

PART-IV

AMENDMENTS T O T H E COIMBATORE ClTY MUNICIPAL

CORPORATION ACT, 1981
Amendment of 6. In section 3 of the Co~mbatoreClty Mun~c~pal Corporat~onAct,1981 (heremafter T~~~~N ~ c ,
sectlon 3 in thls Part referred to as the 1981 Act), In sub-sectron (3), for clause (a), the follow~ng ACI
clauses shall be subst~tuted,namely -

(aa) a council ;".

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 "

&
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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.

2. FOI sect~ons78 and 79 of the Chenna~C~tyMunlc~palCorporat~onAct, 1919 (hereafter Substitution of

In thls Part referred to as the 1919 Act), the following sect~ons shall be substituted, sections 8'
narnely - and 79

"78 Powers of municipal auH~ontresto sancbon estimates -

The powers of the
d~fferentmunlclpal authorltles to sanct~onestlmates shall be as follows -
(a) when the amount of estlrnate does not exceed ten lakhs of rupees, the
sanction of the concerned wards committee shall be requir.?d;
(h) when the amount of estimate exceeds ten lakhs of rupees but does not
exceed fiftj lakhs of rupees, the sanction of the commissioner shall be required;
(c) when the amount of estirnate exceeds fifty lakhs of rupees but does not
exceed sixty lakhs of rupees, the sanct~onof the Mayor shall be required;
(d) when the amount of estirnate exceeds s~xtylakhs of rupees but does not
t:xcectl s r v r ~ i l y - f ~ Iakhs
vr
of Itlpees, the sanction of the concerned standing committee
(otlier than the staridlng cotrill tttee on taxallon and finance) shall be required;
(e) when the amount of estimate exceeds seventy-five lakhs of rupees but does
not exceed one crore of rupees, the sanction of the standing committee on taxation and
finance siiall be required;
(I) when the amount of estimate exceeds one crore of rupees but does not
exceed ten crores of rupees, the S i nction of the council shall be required;
(g) when the amount of estimate exceeds ten crores of rupees, the sanction of
the State Government shall be required.
79 Works costrllg more than sixty lakhs of rupees - (1) Where a project is
framed for the execution of any work or serles of works, the entlre est~matedcost of whlch
exceeds s~xtylakhs of rupees,--
(a) the colntnissloner shall cause a detailed I aport to be prepared including such
estlmates arid drawlngs as may be requ~s~te and shall la) the same,--
(1) before the concerned standlrlg committee (other than the standing comm~ttee
on taxation and finance), ~fthe entlre est~matedcost exceeds sixty lakhs of rupees but does
not exceed seventy-flve lakhs of rupees,
(ii) before the standing committee on taxation and finance, if the entire estimated
cost exceeds seventy-five lakhs of rupees but does not exceed one crore of rupees;
(//I) I ) c ~ l otI,(b 11 the olillro osllnialed cosl excccds ono crole uf rupees;
~ ( ~r:otr~~c~l,
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248 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

.- ---------- --- ------- ---.-- -- -- - - . .--- . -
(b) the concerned slarid~r~yco~n~niltee 01 \ l ~ usl;antJlrig cut~~ril~lluo
o11 tirxiilio~iarltl
finance or the council, as the case may be, shall consider the report arid rrlay approve il exceed
either in its entirety or subject to modifications or may reject the same. the S t 8
(2) ( o ) Where tho council approves tllu p~oject,sul)locl lo any nlotl~f~cnt~ons
or
otherwise, the entire estimated cost of which exceeds ten croros of rupees, !he same shall exceec!
be submitted to the State Government. shall b
(b) The State Government may sanction the project either in its entirety or
subject to modifications or may r+ct the same and the work shall not be commenced
without such sanction of the State Government.
(c) No material change in the project sanctioned as aforesaid shall be carried the G:
into effect without the sanction of the State Government.".
Amendment of 3. In section 80 of the 1919 Act, for sub-section (2),the following sub-section shall be frame
section 80. substituted, namely:-- excet
'(2) Every contract on behalf of the corporation shall be made by Ihe conimissioner
subject to the following provisions, namely -
(a) no contract the estimated cost ,of which does not exceed ten lakhs 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 ten lahhs of rupoes bul
does not exceed fifty lakhs of rupees shall be made by the commissionor;
(c) no contract the estimated cost of which exceeds fifty lakhs of rupees but does
not exceed sixty laklis of rupees shall be made by the commissioner, irnless it has been
sanctioned by the Mayor;
(d) no contract the estimated cost of which exceeds sixty lakhs of rupees but
does not exceed seventy-five lakhs of rupees shall be made by the commissioner unless fin;
it has been sanctioned by the concerned standing committee (other than the standing eitb
committee on taxation and finance);
fe) no contract the estimated cost of which exceeds seventy-five lakhs of rupees
but does not exzeed one crore of rupees shall be made by the commissioner unless it has
besn sarictioned by the standing committee on taxation and finance;
(0 no contract the estimated cost of which exceeds one crore of rupees but does
not exceed ten crores of rupees shall be made by the commissioner unless it has been
sanctioned by the council;
(g) no contract the estimated cost of which exceeds ten crores of rupees shall
be made by the commissione unless it has been sanctioned by the Sta,o Government;
(h) every contract the estimated cost of which exceeds forty 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- 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:-

"97. Powers of m~~nicipal authorities to sanction estimates.- The powers of the

different n~unicipalauthorities to sanction estimates shail be as follows:-
(a) when the amount of estimate does not exceed five lakhs of rupees, the
sanction of the concerned wards committee shail be required;
(6) when the amount of estimate exceeds five laklls of rupees but does not
exceed ten lakhs of rupees, the sanction of the conimissioner si~ailbe required;
(c) when the amount of estimate exceeds ten lakhs of rupees but does not
exceed twenty lakhs of rupees, the sanction of the Mayor shall be required;
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(d) when the amount of estimate exceeds hventy lakhs of rupees but does not
exceed thirty lakhs of rupees, the sanction of the concerned standing committee (other thdn
the standing committee on taxation and finance) shall be required:
(e) when the amount of estimate exceeds thirty lakhs of rupees but does not
exceed fifty lakhs of rupees, the sanction of the standing committee an taxation and finance
shall be required:
rety a (9 when the amount of estimate exceeds fifty lskhs of rupees but does not
ienced exceed one crore of rupees, the sanction of the council shall be required;
(g,! when the amount of estimate exceeds one crore of rupees, the sanction of
the Government shall be required.
98. Works costing more than twenty lakhs of rupees.- (1) Where a project is
framed for the execution of any work or series o works, the entire estimated cost of which
exceeds twenty lakhs of rupees,--
(a) the commissioner shall cause a detailed report to be prepared including such
estimates and drawings as may be requisite and shall lay thc same,--
(i) before the concerned standing con~mittee (other than the standing
committee on taxation and finance), ~f the entire estimated cos' exceeds twenty lakhs of
rupees but does not exceed ttlirty lakhs of rupees;
*s but (ii) before the standing committee on taxation and finance, if the entire
estimated cost exceeds thirty lalths of rupees but does not exceed fifty lakhs of rupees;

(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 taxatior~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 be made by the commissioner unless it has been
sanctioned b y the st,~ntlr ., romtrl~ttecon taxation and finance;
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( 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

"99 Powers of munropal authontres to sanction estimates-- The powers of the

different rnunicrpal author~t~es
to sanctton'estrmates shall be as follows --
(a) when the amount of cstrmate does not exceed flve lakhs of rupees, the
sanction of the concerned wards comm~tteeshall be required,
(b) when the amount of estlmate exceeds flve lakhs of rupees but does not
exceed ten lakhs of rupees, the sanct~onof the cornmlssloner shall be requrred.
(c) when the amount of estlmate exceeds ten lakhs of rupees but does not
exceed twenty lakhs of rupees, the sanction of the Mayor shall be requ~red,
(d) wnen the amount of estlmate exceeds tv enty lakhs of rupees but does not
exceed thirty lakhs of rupees, the sanci~onof the concerned standlng commlttee (other than
the standrng comrnrttee on taxatron and finance) shall be requrred,
(e) 'when the amount of estlmate exceeds thlrty lakhs of rupees but does not
exceed fifly lakhs of rupees, the sanct~onof the standlng comm~tteeon taxat~onand flnance
shall be required,
(f) when the amount of estimate exceeds flfty la, of rupees but does not
exceed one crore of rdpees, the sanctlon of the councll shall be requ~red,
(gl when the amount of est~mateexceeds one crore of rupees, the sanctlon of
the Government shall be requ~red.
100 Works cosbng more than twenty lakhs of rupees - (1) Where a project IS
framed for the executron of any work or serles of works, the entlre estlmated cost of whlch
exceeds twenty lakhs of rupees,-
(a) the commissioner sllall cause a detalled report to be prepared lncludlng such
estimates and drav~lngsas may be requrs~teand shall lay the same,-

rupees but does not exceed ttilrty lakhs of rupees,

(11) before the standlng comm~tteeon taxatlon and finance, ~f the entlre
estimated cost exceeds thlrty lakhs of rupees but does not exceed flfty lakhs of rupees,

(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
 LatestLaws.com

(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

(By order of the Governor)

Ill
I.III S . DHEENADHAYALAN,
Secretary to Government,
Law Department.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 257

_ _ _ _ _ -.- _ _-._-
_ _ - _ _--_
_ _ _ _ _ _

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
Short title and
1. (1) Thls Act may be called the Tamil Nadu Municcpal Laws (Seventh Amendment)
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
i sub-section (1) of section 53 shall be d:squal~fiedfor election as a councillor for a period
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:--

"(1.8) A person disqualified for becng a councillor under clause (ee) of

sub-section (1) of sectron 57 stiall be disqualified for election as a councillor for a period
of six years from the dale of such disqualification.".
5. In sectloti 57 of the 1971 Act, in sub-section (1), after clause (e), the following Amendment of
clause shall be ~nserted,namely :- section 57.

"(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."
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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

1 AMENDMENTS TO THE TAMIL NADU DISTRICT MUNICIPALITIES ACT, 1920.

Amendment of
section 49
t ~ e s1920 (hereafter ~n t h ~ sPart
8. In sectlon 49 of the Tam11Nadu Dlstrlct M u n ~ c ~ p a l ~Act.
referred to as the 1920 Act), after sub-sect~on(1-A), the following sub-sectlon shall be
inserted, namely -
"(1-0) A person d ~ s q u a l ~ f ~for
e d b e ~ n g a counc~llor under clause (ddd) o f
sub-sectlon (1) of sect~on50 shall be d~squallf~ed for elect~onas a counc~llorfor a perlod
Tam11Na*,.
Act
v of 192;
I
of SIX years from the date of such disqual~fication" l Nadu

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;".

(By order of the Governor)

S. D H E E N A D H A Y A L A N ,
Secretary to Government,
Law Department.
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52 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

The following Act of the Tamil Nadu Legislative Assembly received the assent of the
Governor on the 3rd August 2009 and is hereby published for general information:

ACT No. 10 OF 2009.

An Act further to amend the laws relating to the Municipal Corporations

and the Municipalities in the State of Tamil Nadu.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixtieth Year
of the Republic of India as follows:
PART- I.
PRELIMINARY.
Short title and 1. (1) This Act may be called the Tamil Nadu Municipal Laws (Second Amendment)
commence- Act, 2009.
ment.
(2) It shall come into force on such date as the State Government may, by
notification, appoint.
PART- II.
AMENDMENT TO THE CHENNAI CITY MUNICIPAL CORPORATION ACT, 1919.
Amendment of 2. In section 138-B of the Chennai City Municipal Corporation Act, 1919, Tamil Nadu Act
section 138-B. IV of 1919.
(1) in sub-section (2), for the expression Every company which transacts business
and every person, the expression Each branch or unit of a company, Hindu undivided
family, firm, corporation or other corporate body, society, club, body of persons or
association which transacts business and every person shall be substituted;

(2) in sub-section (4),

(i) for the expression Where a company or person, the expression Where
a branch or unit of a company, Hindu undivided family, firm, corporation or other corporate
body, society, club, body of persons or association or a person shall be substituted;

(ii) for the expression such company or person, the expression such
branch or unit of a company, Hindu undivided family, firm, corporation or other corporate
body, society, club, body of persons or association or person shall be substituted;
(3) sub-section (6) shall be omitted.

PART- III.
AMENDMENT TO THE MADURAI CITY MUNICIPAL CORPORATION ACT, 1971.

Amendment of 3. In section 169-B of the Madurai City Municipal Corporation Act, 1971, Tamil Nadu
section 169-B. Act
15 of 1971.
(1) in sub-section (2), for the expression Every company which transacts business
and every person, the expression Each branch or unit of a company, Hindu undivided
family, firm, corporation or other corporate body, society, club, body of persons or
association which transacts business and every person shall be substituted;
(2) in sub-section (4),
(i) for the expression Where a company or person, the expression Where
a branch or unit of a company, Hindu undivided family, firm, corporation or other corporate
body, society, club, body of persons or association or a person shall be substituted;
(ii) for the expression such company or person, the expression such branch
or unit of a company, Hindu undivided family, firm, corporation or other corporate body,
society, club, body of persons or association or person shall be substituted;
(3) sub-section (6) shall be omitted.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 53

PART- IV.
AMENDMENT TO THE COIMBATORE CITY MUNICIPAL CORPORATION ACT, 1981.
Tamil Nadu 4. In section 169-B of the Coimbatore City Municipal Corporation Act, 1981, Amendment of
Act section 169-B.
25 of 1981. (1) in sub-section (2), for the expression Every company which transacts business
and every person, the expression Each branch or unit of a company, Hindu undivided
family, firm, corporation or other corporate body, society, club, body of persons or
association which transacts business and every person shall be substituted;
(2) in sub-section (4),

(i) for the expression Where a company or person, the expression Where
a branch or unit of a company, Hindu undivided family, firm, corporation or other corporate
body, society, club, body of persons or association or a person shall be substituted;

(ii) for the expression such company or person, the expression such branch
or unit of a company, Hindu undivided family, firm, corporation or other corporate body,
society, club, body of persons or association or person shall be substituted;

(3) sub-section (6) shall be omitted.

PART- V.
AMENDMENT TO THE TAMIL NADU DISTRICT MUNICIPALITIES ACT, 1920.

Tamil Nadu 5. In section 124-D of the Tamil Nadu District Municipalities Act, 1920, Amendment of
Act section 124-D.
V of 1920.
(1) in sub-section (2), for the expression Every company which transacts business
and every person, the expression Each branch or unit of a company, Hindu undivided
family, firm, corporation or other corporate body, society, club, body of persons or
association which transacts business and every person shall be substituted;

(2) in sub-section (4),

(i) for the expression Where a company or person, the expression Where a
branch or unit of a company, Hindu undivided family, firm, corporation or other corporate body,
society, club, body of persons or association or a person shall be substituted;
(ii) for the expression such company or person, the expression such branch
or unit of a company, Hindu undivided family, firm, corporation or other corporate body,
society, club, body of persons or association or person shall be substituted;
(3) sub-section (6) shall be omitted.

(By order of the Governor)

S. DHEENADHAYALAN,
Secretary to Government,
Law Department.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 215

The following Act of the Tamil Nadu Legislative Assembly received the assent of the
Governor on the 26th November 2010 and is hereby published for
general information:

ACT No. 35 OF 2010.

An Act further to amend the laws relating to the Municipal Corporations and the
Municipalities in the State of Tamil Nadu.
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the
Sixty-first Year of the Republic of India as follows:

PART I.
PRELIMINARY.
1. (1) This Act may be called the Tamil Nadu Municipal Laws (Amendment) Short title and
Act, 2010. commence-
ment.
(2) It shall be deemed to have come into force on the 29th day of October 2010.

PART II.
AMENDMENTS TO THE CHENNAI CITY MUNICIPAL
CORPORATION ACT, 1919.

Tamil Nadu 2. In section 3 of the Chennai City Municipal Corporation Act, 1919 (hereafter in Amendment of
Act this Part referred to as the 1919 Act),- section 3.
IV of 1919.
(i) after clause (2), the following clause shall be inserted, namely:-
(2A) area sabha means, in relation to an area, the body of all the persons
registered in the electoral rolls pertaining to all polling booths in the area;;
(ii) for clause (26-B), the following clauses shall be substituted, namely:-
(26-B) ward committee means the ward committee referred to
in section 5-C;
(26-BB) wards committee means the wards committee referred to in
section 5-A;.

3. After section 5-B of the 1919 Act, the following sections shall be inserted, namely: Insertion of
new
5-C. Constitution of ward committee.(1)There shall be constituted by the sections 5-C,
council, a ward committee for each ward within the municipal area. 5-D, 5-E, 5-F,
5-G and 5-H.
(2) Each ward committee shall consist of the councillor of the Corporation
representing the ward and as many number of nominated members as may be
prescribed, from among the persons registered in the electoral rolls of the ward and
nominated by the council.
(3) The number of, qualification for, the nominated members and the procedure
of nomination shall be such as may be prescribed.
5-D. Term of office of chairperson of ward committee.- (1) The councillor representing
the ward in the Corporation shall be the chairperson of that committee.
(2) The chairperson shall vacate the office as soon as he ceases to be a
councillor.
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216 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

5-E. Functions and duties of ward committee.(1) The functions and duties of
the ward committee, and the procedure to be adopted by such committee for transaction
of its business shall be such as may be prescribed.

(2) The duration of the ward committee shall be co-extensive with the duration
of the council.

5-F. Constitution of area sabha.(1) There shall be constituted by the council,

an area sabha for each area in a ward in the municipal area.

(2) Each ward shall consist of such number of area sabhas not exceeding
ten, as may be prescribed.

(3) An area sabha shall comprise of the entire geographical territory in which
all the persons registered in the electoral rolls pertaining to one or more polling booths
in such territory are ordinarily resident.

(4) Each area sabha shall consist of the elected councilor of the ward and
all the persons registered in the electoral rolls of the area.

5-G. Term of office of chairperson of area sabha.(1) The councillor of the

ward shall be chairperson and convener of the area sabha.

(2) The duration of the area sabha shall be co-extensive with the duration
of the council.

5-H. Functions and duties of area sabha.The functions and duties of the
area sabha, and the procedure to be adopted for transaction of its business shall
be such as may be prescribed..

PART III.

AMENDMENTS TO THE MADURAI CITY MUNICIPAL

CORPORATION ACT, 1971.

Amendment of 4. In section 2 of the Madurai City Municipal Corporation Act, 1971 (hereafter Tamil Nadu
section 2. in this Part referred to as the 1971 Act), Act
15 of 1971.
(i) after clause (2), the following clause shall be inserted, namely:

(2A) area sabha means, in relation to an area, the body of all the persons
registered in the electoral rolls pertaining to all polling booths in the area;;

(ii) for clause (42-A), the following clauses shall be substituted, namely:

(42-A) ward committee means the ward committee referred to in section 5-C;

(42-AA) wards committee means the wards committee referred to in section 5-A;.

Insertion of 5. After section 5-B of the 1971 Act, the following sections shall be inserted, namely:
new sections
5-C, 5-D, 5-E, 5-C. Constitution of ward committee.(1)There shall be constituted by the council,
5-F, 5-G and
a ward committee for each ward within the municipal area.
5-H.
(2) Each ward committee shall consist of the councillor of the Corporation
representing the ward and as many number of nominated members as may be prescribed,
from among the persons registered in the electoral rolls of the ward and nominated by
the council.

(3) The number of, qualification for, the nominated members and the procedure
of nomination shall be such as may be prescribed.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 217

5-D. Term of office of chairperson of ward committee.(1) The councillor

representing the ward in the Corporation shall be the chairperson of that committee.

(2) The chairperson shall vacate the office as soon as he ceases to be a councillor.

5-E. Functions and duties of ward committee.-(1) The functions and duties of the
ward committee, and the procedure to be adopted by such committee for transaction of
its business shall be such as may be prescribed.

(2) The duration of the ward committee shall be co-extensive with the duration
of the council.

5-F. Constitution of area sabha.(1) There shall be constituted by the council,

an area sabha for each area in a ward in the municipal area.

(2) Each ward shall consist of such number of area sabhas not exceeding
ten, as may be prescribed.

(3) An area sabha shall comprise of the entire geographical territory in which
all the persons registered in the electoral rolls pertaining to one or more polling booths
in such territory are ordinarily resident.

(4) Each area sabha shall consist of the elected councillor of the ward and
all the persons registered in the electoral rolls of the area.

5-G. Term of office of chairperson of area sabha.-(1) The councillor of the ward
shall be chairperson and convener of the area sabha.

(2) The duration of the area sabha shall be co-extensive with the duration
of the council.

5-H. Functions and duties of area sabha.The functions and duties of the area
sabha, and the procedure to be adopted for transaction of its business shall be such
as may be prescribed..

PART IV.

AMENDMENTS TO THE COIMBATORE CITY MUNICIPAL CORPORATION ACT,

1981.

Tamil Nadu 6. In section 2 of the Coimbatore City Municipal Corporation Act, 1981 (hereafter Amendment of
Act in this Part referred to as the 1981 Act), section 2.
25 of 1981.
(i) after clause (2), the following clause shall be inserted, namely:

(2A) area sabha means, in relation to an area, the body of all the persons
registered in the electoral rolls pertaining to all polling booths in the area;;

(ii) for clause (42-A), the following clauses shall be substituted, namely:

(42-A) ward committee means the ward committee referred to in

section 5-C;

(42-AA) wards committee means the wards committee referred to in

section 5-A;.

7. After section 5-B of the 1981 Act, the following sections shall be inserted, namely: Insertion of
new
5-C. Constitution of ward committee.(1)There shall be constituted by the council, sections
5-C, 5-D, 5-E,
a ward committee for each ward within the municipal area.
5-F, 5-G and
5-H.
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218 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(2) Each ward committee shall consist of the councillor of the Corporation
representing the ward and as many number of nominated members as may be prescribed,
from among the persons registered in the electoral rolls of the ward and nominated by
the council.

(3) The number of, qualification for, the nominated members and the procedure
of nomination shall be such as may be prescribed.

5-D. Term of office of chairperson of ward committee.(1) The councillor

representing the ward in the Corporation shall be the chairperson of that committee.

(2) The chairperson shall vacate the office as soon as he ceases to be a

councillor.

5-E. Functions and duties of ward committee.(1) The functions and duties of
the ward committee, and the procedure to be adopted by such committee for transaction
of its business shall be such as may be prescribed.

(2) The duration of the ward committee shall be co-extensive with the duration
of the council.

5-F. Constitution of area sabha.- (1) There shall be constituted by the council,
an area sabha for each area in a ward in the municipal area.

(2) Each ward shall consist of such number of area sabhas not exceeding
ten, as may be prescribed.

(3) An area sabha shall comprise of the entire geographical territory in which
all the persons registered in the electoral rolls pertaining to one or more polling booths
in such territory are ordinarily resident.

(4) Each area sabha shall consist of the elected councillor of the ward and
all the persons registered in the electoral rolls of the area.

5-G. Term of office of chairperson of area sabha.-(1) The councillor of the ward
shall be chairperson and convener of the area sabha.

(2) The duration of the area sabha shall be co-extensive with the duration
of the council.

5-H. Functions and duties of area sabha.The functions and duties of the area
sabha, and the procedure to be adopted for transaction of its business shall be such
as may be prescribed..

PART V.

AMENDMENTS TO THE TAMIL NADU DISTRICT

MUNICIPALITIES ACT, 1920.
Amendment of 8. In section 3 of the Tamil Nadu District Municipalities Act, 1920 (hereafter Tamil Nadu
section 3. in this Part referred to as the 1920 Act), Act
V of 1920.
(i) after clause (2), the following clause shall be inserted, namely:

(2A) area sabha means, in relation to an area, the body of all the persons
registered in the electoral rolls pertaining to all polling booths in the area;;
(ii) for clause (29-B), the following clauses shall be substituted, namely:

(29-B) ward committee means the ward committee referred to in

section 24-C;
(29-BB) wards committee means the wards committee referred to in
section 24-B;.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 219

9. After section 24-B of the 1920 Act, the following sections shall be inserted, Insertion of
namely: new
sections
24-C, 24-D,
24-E, 24-F,
24-C. Constitution of ward committee.(1)There shall be constituted by the 24-G and
Municipal Council, a ward committee for each ward within the territorial area of the 24-H.
municipality.

(2) Each ward committee shall consist of the councillor representing the ward
in the municipality and as many number of nominated members as may be prescribed,
from among the persons registered in the electoral rolls of the ward and nominated by
the Municipal Council.

(3) The number of, qualification for, the nominated members and the procedure
of nomination shall be such as may be prescribed.

24-D. Term of office of chairperson of ward committee.(1) The councillor

representing the ward in the municipality shall be the chairperson of that committee.

(2) The chairperson shall vacate the office as soon as he ceases to be a

councillor.

24-E. Functions and duties of ward committee.(1) The functions and duties of
the ward committee, and the procedure to be adopted by such committee for transaction
of its business shall be such as may be prescribed.

(2) The duration of the ward committee shall be co-extensive with the duration
of the Municipal Council.

24-F. Constitution of area sabha.(1) There shall be constituted by the Municipal

Council, an area sabha for each area in a ward in the municipality.

(2) Each ward shall consist of such number of area sabhas, not exceeding
five, as may be prescribed.

(3) An area sabha shall comprise of the entire geographical territory in which
all the persons registered in the electoral rolls pertaining to one or more polling booths
in such territory are ordinarily resident.

(4) Each area sabha shall consist of the elected councillor of the ward and
all the persons registered in the electoral rolls of the area.

24-G. Term of office of chairperson of area sabha.(1) The councillor of the

ward shall be chairperson and convener of the area sabha.

(2) The duration of the area sabha shall be co-extensive with the duration
of the Municipal Council.

24-H. Functions and duties of area sabha.The functions and duties of the area
sabha, and the procedure to be adopted for transaction of its business shall be such
as may be prescribed..
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220 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Repeal and 10. (1) The Tamil Nadu Municipal Laws (Amendment) Ordinance, 2010 Tamil Nadu
saving. Ordinance 6
is hereby repealed.
of 2010.

(2) Notwithstanding such repeal, anything done or any action Tamil Nadu
taken under the Chennai City Municipal Corporation Act, 1919, the Act
IV of 1919.
Madurai City Municipal Corporation Act, 1971, the Coimbatore City Municipal Corporation
Tamil Nadu
Act, 1981 and the Tamil Nadu District Municipalities Act, 1920, as amended by the said Act
Ordinance, shall be deemed to have been done or taken under the Chennai City Municipal 15 of 1971.
Corporation Act, 1919, the Madurai City Municipal Corporation Act, 1971, the Coimbatore Tamil Nadu
Act
City Municipal Corporation Act, 1981 and the Tamil Nadu District Municipalities Act, 1920, 25 of 1981.
as amended by this Act. Tamil Nadu
Act
V of 1920.
Tamil Nadu
Act
IV of 1919.
Tamil Nadu
Act
15 of 1971.
Tamil Nadu
Act
25 of 1981.
Tamil Nadu
Act
V of 1920.

(By order of the Governor)

S. DHEENADHAYALAN,
Secretary to Government,
Law Department.
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2 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor
on the 5th February 2011 and is hereby published for general information:

ACT No. 1 OF 2011.

An Act further to amend the Chennai City Municipal Corporation Act, 1919.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the

Sixty-first Year of the Republic of India as follows:

Short title and 1. (1) This Act may be called the Chennai City Municipal Corporation (Amendment)
commence- Act, 2011.
ment.
(2) It shall be deemed to have come into force on the 21st day of
December 2010.

Amendment of 2. In section 5 of the Chennai City Municipal Corporation Act, 1919 (hereinafter Tamil Nadu Act
section 5. referred to as the principal Act), in sub-section (1), for the expression IV of 1919.
one hundred and fifty-five, the expression two hundred shall be substituted.
Amendment of 3. In section 45 of the principal Act,
section 45.
(i) for the marginal heading, the following marginal heading shall be substituted,
namely:

Two hundred divisions.;

(ii) in sub-section (1), for the expression one hundred and fifty-five occurring in
two places, the expression two hundred shall be substituted.

Insertion of 4. After section 46-AA of the principal Act, the following section shall be inserted,
new section namely:
46-AAA.
46-AAA. Special Provisions. Notwithstanding anything contained in this Act or
the rules made or orders issued under this Act, until the ordinary election to be held
in the year 2011, the territorial area of the divisions of the city, the total number of divisions
and the total number of councillors shall be the same as they exist before the commencement
of the Chennai City Municipal Corporation (Amendment) Act, 2011..

Amendment of 5. In section 48 of the principal Act,

section 48.
(i) in sub-section (1), for the expression one hundred and fifty-five, the expression
two hundred shall be substituted;

(ii) in sub-section (2), for the expression one hundred and fifty-five, the expression
two hundred shall be substituted.
Repeal and 6. (1) The Chennai City Municipal Corporation (Amendment) Ordinance, 2010 Tamil Nadu
saving. is hereby repealed. Ordinance
8 of 2010.
(2) Notwithstanding such repeal, anything done or any action taken under the principal
Act, as amended by the said Ordinance, shall be deemed to have been done or taken under
the principal Act, as amended by this Act.

(By order of the Governor)

S. DHEENADHAYALAN,
Secretary to Government,
Law Department.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 3

The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor
on the 5th February 2011 and is hereby published for general information:

ACT No. 2 OF 2011.

An Act further to amend the laws relating to the Municipal

Corporations and the Municipalities in the State of Tamil Nadu.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-first Year
of the Republic of India as follows:

PART - I.

PRELIMINARY.

1. (1) This Act may be called the Tamil Nadu Municipal Laws (Amendment) Short title and
Act, 2011. 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. For section 326-A of the Chennai City Municipal Corporation Act, 1919 (hereafter Substitution of
Tamil Nadu Act in this Part referred to as the 1919 Act), the following section shall be substituted, namely: section 326-A.
IV of 1919.
326-A. Definitions.-In this Chapter,

(a) hoarding means any screen of boards other than digital banner and placard,
at any place, whether public or private used or intended to be used for exhibiting advertisement,
including the frame work or other support, erected, wholly or in part upon or over any land,
building, wall or structure, visible to public wholly or partly;

(b) digital banner means any screen of boards, at any place, whether public
or private used or intended to be used for exhibiting any advertisement or any information
in connection with marriage, religious ceremony, birth or death anniversary or meeting
or conference of any political, religious or communal organization, designed and printed
using electronic printing technology;

(c) placard means any screen of boards, the size of which is not exceeding
eight feet in height and four feet in breadth, at any place, whether public or private, used
or intended to be used for exhibiting any advertisement or any information in connection
with marriage, religious ceremony, birth or death anniversary or meeting or conference
of any political, religious or communal organization, designed and printed using electronic
printing technology..

3. After section 326-B of the 1919 Act, the following section shall be inserted, namely: Insertion of new
section 326-BB.
326-BB. Regulation of erection of digital banners and placards.
(1) No digital banner or placard for exhibiting any advertisement or information for a period
not exceeding six days shall be erected by any person without obtaining prior permission
from the District Collector.

(2) Every application for permission under sub-section (1), shall be made,
in writing, to the District Collector fifteen days prior to the date of erection of digital banner
or placard in such form, containing such particulars and with such fee, as may be prescribed.

DTP IV-1 Ex. (45)2

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4 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(3) The permission for erection of digital banner or placard may be granted for
such purpose and for such period, not exceeding six days and subject to such conditions
as may be specified by the District Collector.
(4) The District Collector may refuse to grant permission for the reasons to be
recorded in writing.
(5) Every person who has erected the digital banner or placard after obtaining
the permission, shall, on expiry of such permission remove the same and dispose it, without
causing any hazard to health or environment, in such manner as may be prescribed..
Substitution of 4. For section 326-E of the 1919 Act, the following section shall be substituted,
section namely:
326-E.
326-E. Removal of unauthorized hoarding, digital banner or placard. Any
hoarding erected without a licence or any digital banner or placard erected without a
permission, shall be confiscated and removed by the District Collector without giving
any notice..

Amendment of 5. In section 326-G of the 1919 Act, for the expression hoarding in four places where
section it occurs, the expression hoarding or digital banner or placard shall be substituted.
326-G.
Amendment of 6. In section 326-H of the 1919 Act, in sub-section (1), after the expression suspending
section a licence, the expression or refusing to give permission shall be inserted.
326-H.

Amendment of 7. To section 326-I of the 1919 Act, the following proviso shall be added, namely:
section
326-I. Provided that whoever erects any digital banner or placard without the permission
of the District Collector, shall be punished with imprisonment for a term which may extend
to one year or with fine which may extend to five thousand rupees or with both..

Amendment of 8. In section 326-J of the 1919 Act,

section
326-J. (1) in the marginal heading, for the expression, hoardings, the expression
hoardings, digital banners or placards shall be substituted;

(2) section 326-J, shall be re-numbered as sub-section (1) of that section;

(3) after sub-section (1) as so re-numbered, the following sub-section shall be

added, namely:

(2) Where the District Collector is satisfied that the erection of any digital banner
or placard 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 permission
under section 326-BB..

PART-III.

AMENDMENTS TO THE MADURAI CITY MUNICIPAL CORPORATION ACT, 1971.

Substitution 9. For section 410-A of the Madurai City Municipal Corporation Act, 1971 (hereafter Tamil Nadu
of section in this Part referred to as the 1971 Act), the following section shall be substituted, namely: Act
410-A. 15 of 1971.
410-A. Definitions.In this Chapter,-

(a) hoarding means any screen of boards other than digital banner and
placard, at any place, whether public or private used or intended to be used for exhibiting
advertisement, including the frame work or other support, erected, wholly or in part upon
or over any land, building, wall or structure, visible to public wholly or partly;

(b) digital banner means any screen of boards, at any place, whether public
or private used or intended to be used for exhibiting any advertisement or any information
in connection with marriage, religious ceremony, birth or death anniversary or meeting
or conference of any political, religious or communal organization, designed and printed
using electronic printing technology;
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 5

(c) placard means any screen of boards, the size of which is not exceeding
eight feet in height and four feet in breadth, at any place, whether public or private,
used or intended to be used for exhibiting any advertisement or any information in
connection with marriage, religious ceremony, birth or death anniversary or meeting
or conference of any political, religious or communal organization, designed and printed
using electronic printing technology..

10. After section 410-B of the 1971 Act, the following section shall be inserted, namely: Insertion of
new section
410-BB. Regulation of erection of digital banners and placards.(1) No digital 410-BB.
banner or placard for exhibiting any advertisement or information for a period not exceeding
six days shall be erected by any person without obtaining prior permission from the District
Collector.

(2) Every application for permission under sub-section(1) shall be made, in writing
to the District Collector fifteen days prior to the date of erection of digital banner
or placard in such form, containing such particulars and with such fee, as may be
prescribed.

(3) The permission for erection of digital banner or placard may be granted for such
purpose and for such period, not exceeding six days and subject to such conditions as may
be specified by the District Collector.

(4) The District Collector may refuse to grant permission for the reasons to be
recorded in writing.

(5) Every person who has erected the digital banner or placard after obtaining
the permission, shall, on expiry of such permission remove the same and dispose it, without
causing any hazard to health or environment, in such manner as may be prescribed..

11. For section 410-E of the 1971 Act, the following section shall be substituted, Substitution of
namely: section 410-E.

410-E. Removal of unauthorized hoarding, digital banner or placard.Any hoarding

erected without a licence or any digital banner or placard erected without a permission, shall
be confiscated and removed by the District Collector without giving any notice..

12. In section 410-G of the 1971 Act, for the expression hoarding in four places where Amendment of
it occurs, the expression hoarding or digital banner or placard shall be substituted. section 410-G.

13. In section 410-H of the 1971 Act, in sub-section (1), after the expression suspending Amendment of
a licence, the expression or refusing to give permission shall be inserted. section 410-H.

14. To section 410-I of the 1971 Act, the following proviso shall be added, namely: Amendment of
section 410-I.
Provided that whoever erects any digital banner or placard without the permission
of the District Collector, shall be punished with imprisonment for a term which may extend
to one year or with fine which may extend to five thousand rupees or with both..

15. In section 410-J of the 1971 Act, Amendment of

section 410-J.
(1) in the marginal heading, for the expression, hoardings, the expression
hoardings, digital banners or placards shall be substituted;
(2) section 410-J, shall be re-numbered as sub-section (1) of that section;
(3) after sub-section (1) as so re-numbered, the following sub-section shall be
added, namely:
(2) Where the District Collector is satisfied that the erection of any digital banner
or placard 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 permission
under section 410-BB..
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6 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

PART-IV.

AMENDMENTS TO THE COIMBATORE CITY MUNICIPAL CORPORATION

ACT, 1981.

Substitution of 16. For section 410-A of the Coimbatore City Municipal Corporation Act, 1981 (hereafter Tamil Nadu Act
section 410-A. in this Part referred to as the 1981 Act), the following section shall be substituted, namely: 25 of 1981.

410-A. Definitions.In this Chapter,

(a) hoarding means any screen of boards other than digital banner and placard,
at any place, whether public or private used or intended to be used for exhibiting
advertisement, including the frame work or other support, erected, wholly or in part upon
or over any land, building, wall or structure, visible to public wholly or partly;

(b) digital banner means any screen of boards, at any place, whether public
or private used or intended to be used for exhibiting any advertisement or any information
in connection with marriage, religious ceremony, birth or death anniversary or meeting
or conference of any political, religious or communal organization, designed and printed
using electronic printing technology;

(c) placard means any screen of boards, the size of which is not exceeding
eight feet in height and four feet in breadth, at any place, whether public or private, used
or intended to be used for exhibiting any advertisement or any information in connection
with marriage, religious ceremony, birth or death anniversary or meeting or conference
of any political, religious or communal organization, designed and printed using electronic
printing technology..
Insertion of 17. After section 410-B of the 1981 Act, the following section shall be inserted,
new namely:
section 410-BB.
410-BB. Regulation of erection of digital banners and placards.(1) No digital
banner or placard for exhibiting any advertisement or information for a period not
exceeding six days shall be erected by any person without obtaining prior permission
from the District Collector.

(2) Every application for permission under sub-section (1) shall be made, in
writing to the District Collector fifteen days prior to the date of erection of digital banner
or placard, in such form, containing such particulars and with such fee, as may be
prescribed.

(3) The permission for erection of digital banner or placard may be granted for
such purpose and for such period, not exceeding six days and subject to such conditions
as may be specified by the District Collector.

(4) The District Collector may refuse to grant permission for the reasons to be
recorded in writing.

(5) Every person who has erected the digital banner or placard after obtaining
the permission, shall, on expiry of such permission remove the same and dispose it, without
causing any hazard to health or environment, in such manner as may be prescribed..

Substitution of 18. For section 410-E of the 1981 Act, the following section shall be substituted,
section 410-E. namely:

410-E. Removal of unauthorized hoarding, digital banner or placard. Any

hoarding erected without a licence or any digital banner or placard erected without a
permission, shall be confiscated and removed by the District Collector without giving any
notice..
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 7

19. In section 410-G of the 1981 Act, for the expression hoarding in four places where Amendment of
it occurs, the expression hoarding or digital banner or placard shall be substituted. section 410-G.

20. In section 410-H of the 1981 Act, in sub-section (1), after the expression suspending Amendment of
a licence, the expression or refusing to give permission shall be inserted. section 410-H.

21. To section 410-I of the 1981 Act, the following proviso shall be added, namely: Amendment of
section 410-I.
Provided that whoever erects any digital banner or placard without the permission
of the District Collector, shall be punished with imprisonment for a term which may extend
to one year or with fine which may extend to five thousand rupees or with both..

22. In section 410-J of the 1981 Act, Amendment of

section 410-J.
(1) in the marginal heading, for the expression, hoardings, the expression
hoardings, digital banners or placards shall be substituted;

(2) section 410-J, shall be re-numbered as sub-section (1) of that section;

(3) after sub-section (1) as so re-numbered, the following sub-section shall be

added, namely:-

(2) Where the District Collector is satisfied that the erection of any digital banner
or placard 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
permission under section 410-BB..

PART-V.

AMENDMENTS TO THE TAMIL NADU DISTRICT MUNICIPALITIES

ACT, 1920.
Tamil Nadu 23. For section 285-A of the Tamil Nadu District Municipalities Act, 1920 (hereafter in Substitution of
Act this Part referred to as the 1920 Act), the following section shall be substituted, namely: section 285-A.
V of 1920.
285-A. Definitions.In this Chapter,

(a) hoarding means any screen of boards other than digital banner and placard,
at any place, whether public or private used or intended to be used for exhibiting advertisement,
including the frame work or other support, erected, wholly or in part upon or over any land,
building, wall or structure, visible to public wholly or partly;

(b) digital banner means any screen of boards, at any place, whether public
or private used or intended to be used for exhibiting any advertisement or any information
in connection with marriage, religious ceremony, birth or death anniversary or meeting
or conference of any political, religious or communal organization, designed and printed
using electronic printing technology;

(c) placard means any screen of boards, the size of which is not exceeding
eight feet in height and four feet in breadth, at any place, whether public or private, used
or intended to be used for exhibiting any advertisement or any information in connection
with marriage, religious ceremony, birth or death anniversary or meeting or conference
of any political, religious or communal organization, designed and printed using electronic
printing technology..

24. After section 285-B of the 1920 Act, the following section shall be inserted, Insertion of
namely: new section
285-BB.
285-BB. Regulation of erection of digital banners and placards.
(1) No digital banner or placard for exhibiting any advertisement or information for a period
not exceeding six days shall be erected by any person without obtaining prior permission
from the District Collector.
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8 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(2) Every application for permission under sub-section (1), shall be made, in writing,
to the District Collector fifteen days prior to the date of erection of digital banner or placard
in such form, containing such particulars and with such fee, as may be prescribed.

(3) The permission for erection of digital banner or placard may be granted for such
purpose and for such period, not exceeding six days and subject to such conditions as may
be specified by the District Collector.

(4) The District Collector may refuse to grant permission for the reasons to be
recorded in writing.

(5) Every person who has erected the digital banner or placard after obtaining
the permission, shall, on expiry of such permission remove the same and dispose it, without
causing any hazard to health or environment, in such manner as may be prescribed..

Substitution of 25. For section 285-E of the 1920 Act, the following section shall be substituted,
section 285-E. namely:

285-E. Removal of unauthorized hoarding, digital banner or placard.Any

hoarding erected without a licence or any digital banner or placard erected without a
permission, shall be confiscated and removed by the District Collector without giving
any notice..
Amendment of 26. In section 285-G of the 1920 Act, for the expression hoarding in four places
section 285-G.
where it occurs, the expression hoarding or digital banner or placard shall be substituted.

Amendment of 27. In section 285-H of the 1920 Act, in sub-section (1), after the expression
section 285-H. suspending a licence, the expression or refusing to give permission shall be inserted.

Amendment of 28. To section 285-I of the 1920 Act, the following proviso shall be added, namely:
section 285-I.
Provided that whoever erects any digital banner or placard without the permission
of the District Collector, shall be punished with imprisonment for a term which may extend
to one year or with fine which may extend to five thousand rupees or with both..

Amendment of 29. In section 285-J of the 1920 Act,

section 285-J.
(1) in the marginal heading, for the expression, hoardings, the expression
hoardings, digital banners or placards shall be substituted;
(2) section 285-J, shall be re-numbered as sub-section (1) of that section;
(3) after sub-section (1) as so re-numbered, the following sub-section shall be
added, namely:
(2) Where the District Collector is satisfied that the erection of any digital
banner or placard 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 permission under section 285-BB..

(By order of the Governor)

S. DHEENADHAYALAN,
Secretary to Government,
Law Department.

PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU
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86 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

The following Act of the Tamil Nadu Legislative Assembly received the assent
of the Governor on the 6th September 2011 and is hereby published
for general information:

ACT No. 15 OF 2011.

An Act further to amend the laws relating to the Municipal

Corporations and the Municipalities in the State of Tamil Nadu.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the

Sixty-Second Year of the Republic of India as follows:
PART-I.
PRELIMINARY.

Short title and 1. (1) This Act may be called the Tamil Nadu Municipal Laws (Second
commence- Amendment) Act, 2011.
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.
Substitution of 2. For sections 28 and 29 of the Chennai City Municipal Corporation Act, Tamil Nadu
sections 1919 (hereinafter in this Part referred to as the 1919 Act), the following Act
28 and 29. IV of 1919.
sections shall be substituted, namely:

28. Election of Mayor.(1) (a) The Mayor shall be elected by the

persons whose names appear in the voters list for the divisions from among
themselves in accordance with such procedure as may be prescribed;
(b) If at an ordinary or casual election, no Mayor is elected, a fresh
election shall be held:
Provided that a person who stands for election as Mayor shall not be eligible
to stand for election as a councillor:
Provided further that a person who stands for election as a councillor shall
not be eligible to stand for election as a Mayor:
Provided also that no councillor shall be eligible to stand for election as
a Mayor.
(2) The election of the Mayor may be held ordinarily at the same time
and in the same places as the ordinary elections of the councillors of the
divisions are held.
(3) The term of office of the Mayor who is elected at an ordinary election
shall, save as otherwise expressly provided in, be five years beginning at noon
on the day on which the ordinary vacancy occurs.
(4) Any casual vacancy in the office of the Mayor shall be filled by
a fresh election and a person elected as Mayor in any such vacancy shall
enter upon office forthwith and hold office 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.
(5) Unless the Tamil Nadu State Election Commissioner otherwise
directs, no casual vacancy in the office of the Mayor shall be filled within
six months before the date on which the ordinary election of the Mayor under
sub-section (1) is due.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 87

(6) The Mayor shall be an ex-officio member of the council and shall
have all the rights and privileges of an elected councillor of the council.
29. Election of Deputy Mayor.(1) The Deputy Mayor shall be elected
by the councillors from among themselves in accordance with such procedure
as may be prescribed.
(2) If at an election held under sub-section (1), no Deputy Mayor is
elected, a fresh election shall be held for electing a Deputy Mayor.
(3) The Deputy Mayor shall hold office for a period of five years from
the date of his election and he shall continue as such Deputy Mayor, provided
that in the meantime he does not cease to be a councillor.
(4) Any casual vacancy in the office of the Deputy Mayor shall be filled
by a fresh election held in accordance with such procedure as may be
prescribed and a person elected as Deputy Mayor on any such vacancy shall
enter upon office forthwith and hold office 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..
3. In section 44-AB of the 1919 Act, Amendment of
section
(1) in the marginal heading, the words Mayor or shall be omitted; 44-AB.

(2) in sub-section (1), the words a Mayor or shall be omitted;

(3) in sub-section (2), the words Mayor or shall be omitted;
(4) in sub-section (3), the words Mayor or shall be omitted.
4. In section 44-AC of the 1919 Act, Amendment of
section
(1) in the marginal heading, the words Mayor or shall be omitted; 44-AC.

(2) in sub-section (1), the words Mayor or shall be omitted;

(3) in sub-section (12), for the expression Mayor or the Deputy Mayor,
as the case may be, the words Deputy Mayor shall be substituted;
(4) in sub-section (13), the words Mayor or the shall be omitted;
(5) in sub-section (14), the words a Mayor or shall be omitted.
5. After section 44-AC of the 1919 Act, the following section shall be Insertion of
inserted, namely: new section
44-AD.
44-AD. Removal of Mayor.(1) The councillors constituting three-fifth
of the sanctioned strength of the council may, by written notice, presented
by any two of them, to the Commissioner, with a copy to the Mayor, express
their intention to make a motion against the Mayor that the Mayor wilfully
omits or refuses to carry out or disobeys any provision of this Act, or any
rule, by-law, regulation, or lawful order made or issued under this Act or abuses
any power vested in him. The Commissioner shall, on receipt of such notice,
convene a special meeting for the consideration of the motion and record
the views of the council, at the office of the municipal corporation at a date
appointed by the Commissioner. The motion shall be deemed to have been
passed by the council if four-fifth of sanctioned strength of the council present
and voting, is in favour of it; and if it is not passed by four-fifth of the
sanctioned strength of the council present and voting, it shall be treated as
dropped.
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(2) A copy of the notice of the meeting shall be caused to be delivered

to the Mayor and to all the councillors by the Commissioner at least fifteen
days before the date of the meeting.
(3) The Commissioner shall preside at the meeting convened under this
section and no other person shall preside thereat. If, within half an hour,
appointed for the meeting, the Commissioner is not present to preside at the
meeting, the meeting shall stand adjourned to a date to be appointed and
notified to the Mayor and councillors by the Commissioner under
sub-section (4).
(4) If the Commissioner is unable to preside at the meeting, he may
after recording his reasons in writing, adjourn the meeting to such other date
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 (1). Notice of not
less than fifteen days shall be given to the Mayor and the councillors, of the
date appointed for the adjourned meeting.
(5) Save as provided in sub-sections (3) and (4), a meeting convened
for the purpose of considering the notice for the removal of the Mayor under
this section shall not for any reason, be adjourned.
(6) As soon as the meeting convened under this section is commenced,
the Commissioner shall read to the council the notice for the consideration
of which it has been convened.
(7) The Commissioner shall not speak on the merits of the notice, nor
shall he be entitled to vote at the meeting.
(8) The views of the council shall be duly recorded in the minutes of
the meeting and copy of the minutes shall, forthwith on the termination of
the meeting, be forwarded by the Commissioner to the State Government.
(9) The State Government shall, after considering the views of the
council in this regard, by notice in writing require the Mayor to offer, within
a specified date, his explanation with respect to his acts of commission or
omission mentioned in the notice. If the explanation is received within the
specified date and the State Government consider that the explanation is
satisfactory, they may drop further action with respect to the notice. If no
explanation is received within the specified date, or if the explanation received
within such date is not satisfactory, the State Government may pass orders
removing the Mayor. The orders of the State Government removing the
Mayor from office shall be final. The orders of the State Government removing
the Mayor from office shall be published in the Tamil Nadu Government
Gazette.
(10) Any person in respect of whom orders have been published under
sub-section (9) removing him from the office of Mayor shall be ineligible for
election as a Mayor until the date on which notice of the next ordinary elections
to the municipal corporation is published in the manner prescribed, or the
expiry of one year from the date specified in the order published under
sub-section (9)..
Amendment of 6. In section 59 of the 1919 Act, in sub-section (2), in clause (c), for the
section 59. word councillor, the words councillor or Mayor shall be substituted.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 89

PART III.

AMENDMENTS TO THE MADURAI CITY MUNICIPAL

CORPORATION ACT, 1971.
Tamil Nadu 7. For sections 29 and 30 of the Madurai City Municipal Corporation Act, Substitution of
Act 1971 (hereinafter in this Part referred to as the 1971 Act), the following sections
15 of 1971. 29 and 30.
sections shall be substituted, namely:
29. Election of Mayor.(1) (a) The Mayor shall be elected by the
persons whose names appear in the voters list for the wards from among
themselves in accordance with such procedure as may be prescribed;
(b) If at an ordinary or casual election, no Mayor is elected, a fresh
election shall be held:
Provided that a person who stands for election as Mayor shall not be eligible
to stand for election as a councillor:
Provided further that a person who stands for election as a councillor shall
not be eligible to stand for election as a Mayor:
Provided also that no councillor shall be eligible to stand for election as
a Mayor.
(2) The election of the Mayor may be held ordinarily at the same time
and in the same places as the ordinary elections of the councillors of the
wards are held.
(3) The term of office of the Mayor who is elected at an ordinary election
shall, save as otherwise expressly provided in, be five years beginning at noon
on the day on which the ordinary vacancy occurs.
(4) Any casual vacancy in the office of the Mayor shall be filled by
a fresh election and a person elected as Mayor in any such vacancy shall
enter upon office forthwith and hold office 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.
(5) Unless the Tamil Nadu State Election Commissioner otherwise
directs, no casual vacancy in the office of the Mayor shall be filled within
six months before the date on which the ordinary election of the Mayor under
sub-section (1) is due.
(6) The Mayor shall be an ex-officio member of the council and shall
have all the rights and privileges of an elected councillor of the council.
30. Election of Deputy Mayor.(1) The Deputy Mayor shall be elected by
the councillors from among themselves in accordance with such procedure
as may be prescribed.
(2) If at an election held under sub-section (1), no Deputy Mayor is
elected, a fresh election shall be held for electing a Deputy Mayor.
(3) The Deputy Mayor shall hold office for a period of five years from
the date of his election and he shall continue as such Deputy Mayor, provided
that in the meantime he does not cease to be a councillor.
(4) Any casual vacancy in the office of the Deputy Mayor shall be filled
by a fresh election held in accordance with such procedure as may be
prescribed and a person elected as Deputy Mayor on any such vacancy shall
enter upon office forthwith and hold office 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..
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90 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Amendment of 8. In section 48-AA of the 1971 Act,

section
48-AA. (1) in the marginal heading, the words Mayor or shall be omitted;
(2) in sub-section (1), the words a Mayor or shall be omitted;
(3) in sub-section (2), the words Mayor or shall be omitted;
(4) in sub-section (3), the words Mayor or shall be omitted.
Amendment of 9. In section 48-AB of the 1971 Act,
section
48-AB. (1) in the marginal heading, the words Mayor or shall be omitted;
(2) in sub-section (1), the words Mayor or shall be omitted;
(3) in sub-section (12), for the expression Mayor or the Deputy Mayor,
as the case may be, the words Deputy Mayor shall be substituted;
(4) in sub-section (13), the words Mayor or the shall be omitted;
(5) in sub-section (14), the words a Mayor or shall be omitted.
Insertion of 10. After section 48-AB of the 1971 Act, the following section shall be
new section inserted, namely:
48-AC.
48-AC. Removal of Mayor.(1) The councillors constituting three-fifth
of the sanctioned strength of the council may, by written notice, presented
by any two of them, to the Commissioner, with a copy to the Mayor, express
their intention to make a motion against the Mayor that the Mayor wilfully
omits or refuses to carry out or disobeys any provision of this Act, or any
rule, by-law, regulation, or lawful order made or issued under this Act or abuses
any power vested in him. The Commissioner shall, on receipt of such notice,
convene a special meeting for the consideration of the motion and record
the views of the council, at the office of the municipal corporation at a date
appointed by the Commissioner. The motion shall be deemed to have been
passed by the council if four-fifth of sanctioned strength of the council present
and voting, is in favour of it; and if it is not passed by four-fifth of the
sanctioned strength of the council present and voting, it shall be treated as
dropped.
(2) A copy of the notice of the meeting shall be caused to be delivered
to the Mayor and to all the councillors by the Commissioner at least fifteen
days before the date of the meeting.

(3) The Commissioner shall preside at the meeting convened under this
section and no other person shall preside thereat. If, within half an hour,
appointed for the meeting, the Commissioner is not present to preside at the
meeting, the meeting shall stand adjourned to a date to be appointed and
notified to the Mayor and councillors by the Commissioner under
sub-section (4).
(4) If the Commissioner is unable to preside at the meeting, he may
after recording his reasons in writing, adjourn the meeting to such other date,
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 (1). Notice of not
less than fifteen days shall be given to the Mayor and the councillors, of the
date appointed for the adjourned meeting.

(5) Save as provided in sub-sections (3) and (4), a meeting convened

for the purpose of considering the notice for the removal of the Mayor under
this section shall not for any reason, be adjourned.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 91

(6) As soon as the meeting convened under this section is commenced,

the Commissioner shall read to the council the notice for the consideration
of which it has been convened.

(7) The Commissioner shall not speak on the merits of the notice, nor
shall he be entitled to vote at the meeting.

(8) The views of the council shall be duly recorded in the minutes of
the meeting and copy of the minutes shall, forthwith on the termination of
the meeting, be forwarded by the Commissioner to the State Government.

(9) The State Government shall, after considering the views of the
council in this regard, by notice in writing require the Mayor to offer, within
a specified date, his explanation with respect to his acts of commission or
omission mentioned in the notice. If the explanation is received within the
specified date and the State Government consider that the explanation is
satisfactory, they may drop further action with respect to the notice. If no
explanation is received within the specified date, or if the explanation received
within such date is not satisfactory, the State Government may pass orders
removing the Mayor. The orders of the State Government removing the Mayor
from office shall be final. The orders of the State Government removing the
Mayor from office shall be published in the Tamil Nadu Government Gazette.

(10) Any person in respect of whom orders have been published under
sub-section (9) removing him from the office of Mayor shall be ineligible for
election as a Mayor until the date on which notice of the next ordinary elections
to the municipal corporation is published in the manner prescribed, or the
expiry of one year from the date specified in the order published under
sub-section (9)..

11. In section 66 of the 1971 Act, in sub-section (2), in clause (b), Amendment of
section 66.
for the word councillor, the words councillor or Mayor shall be substituted.
PART - IV.
AMENDMENTS TO THE COIMBATORE CITY MUNICIPAL CORPORATION
ACT, 1981.
Tamil Nadu 12. For sections 29 and 30 of the Coimbatore City Municipal Corporation Substitution of
Act Act, 1981 (hereinafter in this Part referred to as the 1981 Act), the following sections
25 of 1981. 29 and 30.
sections shall be substituted, namely:
29. Election of Mayor. (1) (a) The Mayor shall be elected by the
persons whose names appear in the voters list for the divisions from among
themselves in accordance with such procedure as may be prescribed;
(b) If at an ordinary or casual election, no Mayor is elected, a fresh
election shall be held:
Provided that a person who stands for election as Mayor shall not be
eligible to stand for election as a councillor:
Provided further that a person who stands for election as a councillor
shall not be eligible to stand for election as a Mayor:
Provided also that no councillor shall be eligible to stand for election
as a Mayor.
(2) The election of the Mayor may be held ordinarily at the same
time and in the same places as the ordinary elections of the councillors of
the divisions are held.
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92 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(3) The term of office of the Mayor who is elected at an ordinary election
shall, save as otherwise expressly provided in, be five years beginning at noon
on the day on which the ordinary vacancy occurs.
(4) Any casual vacancy in the office of the Mayor shall be filled by
a fresh election and a person elected as Mayor in any such vacancy shall
enter upon office forthwith and hold office 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.
(5) Unless the Tamil Nadu State Election Commissioner otherwise
directs, no casual vacancy in the office of the Mayor shall be filled within
six months before the date on which the ordinary election of the Mayor under
sub-section (1) is due.
(6) The Mayor shall be an ex-officio member of the council and shall
have all the rights and privileges of an elected councillor of the council.
30. Election of Deputy Mayor. (1) The Deputy Mayor shall be elected
by the councillors from among themselves in accordance with such procedure
as may be prescribed.
(2) If at an election held under sub-section (1), no Deputy Mayor is
elected, a fresh election shall be held for electing a Deputy Mayor.
(3) The Deputy Mayor shall hold office for a period of five years from
the date of his election and he shall continue as such Deputy Mayor, provided
that in the meantime he does not cease to be a councillor.
(4) Any casual vacancy in the office of the Deputy Mayor shall be filled
by a fresh election held in accordance with such procedure as may be
prescribed and a person elected as Deputy Mayor on any such vacancy shall
enter upon office forthwith and hold office 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..
Amendment of 13. In section 50-B of the 1981 Act,
section 50-B.
(1) in the marginal heading, the words Mayor or shall be omitted;
(2) in sub-section (1), the words a Mayor or shall be omitted;
(3) in sub-section (2), the words Mayor or shall be omitted;
(4) in sub-section (3), the words Mayor or shall be omitted.
Amendment of 14. In section 50-C of the 1981 Act,
section 50-C.
(1) in the marginal heading, the words Mayor or shall be omitted;
(2) in sub-section (1), the words Mayor or shall be omitted;
(3) in sub-section (12), for the expression Mayor or the Deputy Mayor,
as the case may be, the words Deputy Mayor shall be substituted;
(4) in sub-section (13), the words Mayor or the shall be omitted;
(5) in sub-section (14), the words a Mayor or shall be omitted.
Insertion of 15. After section 50-C of the 1981 Act, the following section shall be
new section
inserted, namely:
50-D.
50-D. Removal of Mayor. (1) The councillors constituting three-fifth
of the sanctioned strength of the council may, by written notice, presented
by any two of them, to the Commissioner, with a copy to the Mayor, express
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 93

their intention to make a motion against the Mayor that the Mayor wilfully omits
or refuses to carry out or disobeys any provision of this Act, or any rule,
by-law, regulation, or lawful order made or issued under this Act or abuses
any power vested in him. The Commissioner shall, on receipt of such notice,
convene a special meeting for the consideration of the motion and record
the views of the council, at the office of the municipal corporation at a date
appointed by the Commissioner. The motion shall be deemed to have been
passed by the council if four-fifth of sanctioned strength of the council present
and voting, is in favour of it; and if it is not passed by four-fifth of the
sanctioned strength of the council present and voting, it shall be treated as
dropped.
(2) A copy of the notice of the meeting shall be caused to be
delivered to the Mayor and to all the councillors by the Commissioner at least
fifteen days before the date of the meeting.
(3) The Commissioner shall preside at the meeting convened under
this section and no other person shall preside thereat. If, within half an hour,
appointed for the meeting, the Commissioner is not present to preside at the
meeting, the meeting shall stand adjourned to a date to be appointed and
notified to the Mayor and councillors by the Commissioner under
sub-section (4).
(4) If the Commissioner is unable to preside at the meeting, he
may after recording his reasons in writing, adjourn the meeting to such other
date 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 (1). Notice
of not less than fifteen days shall be given to the Mayor and the councillors,
of the date appointed for the adjourned meeting.
(5) Save as provided in sub-sections (3) and (4), a meeting convened
for the purpose of considering the notice for the removal of the Mayor under
this section shall not for any reason, be adjourned.
(6) As soon as the meeting convened under this section is commenced,
the Commissioner shall read to the council the notice for the consideration
of which it has been convened.
(7) The Commissioner shall not speak on the merits of the notice, nor
shall he be entitled to vote at the meeting.
(8) The views of the council shall be duly recorded in the minutes of
the meeting and a copy of the minutes shall, forthwith on the termination of
the meeting be forwarded by the Commissioner to the State Government.
(9) The State Government shall, after considering the views of the
council in this regard, by notice in writing require the Mayor to offer, within
a specified date, his explanation with respect to his acts of commission or
omission mentioned in the notice. If the explanation is received within the
specified date and the State Government consider that the explanation is
satisfactory, they may drop further action with respect to the notice. If no
explanation is received within the specified date, or if the explanation received
within such date is not satisfactory, the State Government may pass orders
removing the Mayor. The orders of the State Government removing the Mayor
from office shall be final. The orders of the State Government removing the
Mayor from office shall be published in the Tamil Nadu Government Gazette.
(10) Any person in respect of whom orders have been published under
sub-section (9) removing him from the office of Mayor shall be ineligible for
election as Mayor until the date on which notice of the next ordinary elections
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94 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

to the municipal corporation is published in the manner prescribed, or the

expiry of one year from the date specified in the order published
under sub-section (9)..
Amendment of 16. In section 68 of the 1981 Act, in sub-section (2), in clause (b), for
section 68. the word councillor, the words councillor or Mayor shall be substituted.
PART V.
AMENDMENTS TO THE TAMIL NADU DISTRICT
MUNICIPALITIES ACT, 1920.
Amendment of 17. In the Tamil Nadu District Municipalities Act, 1920 (hereinafter in this Tamil Nadu
section 3-F. Part referred to as the 1920 Act), in section 3-F, in sub-section (1), after Act V of
1920.
the expression members of a Third Grade Municipality, the expression
(exclusive of its chairman) shall be inserted.
Amendment of 18. In section 3-T of the 1920 Act, in sub-section (1), after the expression,
section 3-T. members of a town panchayat, the expression (exclusive of its chairman)
shall be inserted.
Amendment of 19. In section 7 of the 1920 Act, in sub-section (1), after the expression
section 7. such number of councillors, the expression (exclusive of its chairman) shall
be inserted.
Insertion of 20. After section 7 of the 1920 Act, the following section shall be inserted,
new section namely:
7-A.
7-A. Election of chairman. The chairman shall be elected by the
persons whose names appear in the electoral rolls relating to the municipality
from among themselves in accordance with such procedure as may be
prescribed:
Provided that a person who stands for election as chairman shall not
be eligible to stand for election as a councillor:
Provided further that a person who stands for election as a councillor
shall not be eligible to stand for election as chairman:
Provided also that no councillor shall be eligible to stand for election
as chairman..
Amendment of 21. In section 8 of the 1920 Act,-
section 8.
(1) in the marginal heading, for the word councillors, the words
chairman or councillors shall be substituted;
(2) in sub-section (1), for the word councillors, the words chairman
and councillors shall be substituted;
(3) in sub-section (2), for the word councillors, the words chairman
and councillors shall be substituted;
(4) after sub-section (2), the following sub-section shall be inserted,
namely:
(2-A) The election of the chairman may be held ordinarily at the same
time and in the same places as the ordinary elections of the councillors of
the municipalities.;
(5) in sub-section (3), for the words A councillor elected, the words
The chairman or a councillor elected shall be substituted;
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 95

(6) in sub-section (4), for the expression A causal vacancy in the

office of a councillor, the expression A causal vacancy in the office of the
chairman or a councillor shall be substituted;
(7) in sub-section (5), for the words A councillor and the councillor,
the words The chairman or a councillor and the chairman or the councillor
shall, respectively, be substituted.
22. In section 9 of the 1920 Act, Amendment of
section 9.
(1) in the marginal heading, for the word councillor, the words
chairman or councillor shall be substituted;
(2) in sub-section (1), for the word councillor, the words chairman
or councillor shall be substituted;
(3) in sub-section (3), for the expression a councillor elected under
this section, the expression a chairman or a councillor elected under
sub-section (1) shall be substituted.
23. In section 12 of the 1920 Act,- Amendment of
section 12.
(1) sub-section (2) shall be omitted;
(2) for sub-section (4), the following sub-section shall be substituted,
namely:
(4) A chairman shall be deemed to have vacated his office on his
becoming disqualified for holding the office or on his removal from office or
on the expiry of his term of office or on his otherwise ceasing to be the
chairman..
24. In section 12-A of the 1920 Act, including the marginal heading, the Amendment of
words chairman or, occurring in two places, shall be omitted. section 12-A.

25. For section 14 of the 1920 Act, the following section shall be substituted, Substitution of
namely: section 14.

14. The chairman to be member of council and of every committee

of the council. The chairman shall by virtue of his office be a member
of council and of every committee of the council..
Amendment of
26. In section 30 of the 1920 Act, section 30.

(1) in the marginal heading, for the word councillor, the words
Chairman and councillor shall be substituted;
(2) in sub-section (1), for the word councillor, the words chairman
or councillor shall be substituted.
27. In section 40 of the 1920 Act, including the marginal heading, for the Amendment
of section
expression chairman or vice-chairman, wherever it occurs, the word 40.
vice-chairman shall be substituted.
28. In section 40-A of the 1920 Act, Amendment of
section 40-A.
(1) in the marginal heading, for the words chairman or vice-chairman,
the word vice-chairman shall be substituted;
(2) in sub-section (1), for the words chairman or vice-chairman, the
word vice-chairman shall be substituted;
(3) in sub-section (12), for the expression chairman or vice-chairman,
as the case may be, the word vice-chairman shall be substituted;
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96 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(4) in sub-section (13), the words chairman or shall be omitted;

(5) in sub-section (14), for the words a chairman or a vice-chairman,
the words a vice-chairman shall be substituted.
Insertion of 29. After section 40-A of the 1920 Act, the following section shall be
new section
40-B. inserted, namely:

40-B. Removal of chairman. (1) The councillors constituting

three-fifth of the sanctioned strength of the council may, by written notice,
presented by any two of them, to the Regional Director of Municipal
Administration, (hereinafter in this section referred to as Regional Director)
with a copy to the chairman, express their intention to make a motion against
the chairman that the chairman willfully omits or refuses to carry out or
disobeys any provision of this Act, or any rule, by-law, regulation, or lawful
order made or issued under this Act or abuses any power vested in him.
The Regional Director shall on receipt of such notice, convene a special
meeting for the consideration of the motion and record the views of the council,
at the office of the municipality at a date appointed by the Regional Director.
The motion shall be deemed to have been passed by the council if four-fifth
of sanctioned strength of the council present and voting, is in favour of it;
and if it is not passed by four-fifth of the sanctioned strength of the council
present and voting, it shall be treated as dropped.
(2) A copy of the notice of the meeting shall be caused to be delivered
to the chairman and to all the councillors by the Regional Director at least
fifteen days before the date of the meeting.
(3) The Regional Director shall preside at the meeting convened under
this section and no other person shall preside thereat. If, within half an hour,
appointed for the meeting, the Regional Director is not present to preside at
the meeting, the meeting shall stand adjourned to a date to be appointed
and notified to the chairman and councillors by the Regional Director under
sub-section (4).
(4) If the Regional Director is unable to preside at the meeting, he may
after recording his reasons in writing, adjourn the meeting to such other date
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 (1). Notice of not
less than fifteen days shall be given to the chairman and the councillors, of
the date appointed for the adjourned meeting.
(5) Save as provided in sub-sections (3) and (4), a meeting convened
for the purpose of considering the notice for the removal of the chairman
under this section shall not for any reason, be adjourned.
(6) As soon as the meeting convened under this section is commenced,
the Regional Director shall read to the council the notice for the consideration
of which it has been convened.
(7) The Regional Director shall not speak on the merits of the notice,
nor shall he be entitled to vote at the meeting.
(8) The views of the council shall be duly recorded in the minutes of
the meeting and copy of the minutes shall, forthwith on the termination of
the meeting, be forwarded by the Regional Director to the State Government
through the Commissioner of Municipal Administration.
(9) The State Government shall, after considering the views of the
council in this regard, by notice in writing require the chairman to offer, within
a specified date, his explanation with respect to his acts of commission or
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 97

omission mentioned in the notice. If the explanation is received within the

specified date and the State Government consider that the explanation is
satisfactory, they may drop further action with respect to the notice. If no
explanation is received within the specified date, or if the explanation received
within such date is not satisfactory, the State Government may pass orders
removing the chairman. The orders of the State Government removing the
chairman from office shall be final. The orders of the State Government
removing the chairman from office shall be published in the
Tamil Nadu Government Gazette.
(10) Any person in respect of whom orders have been published under
sub-section (9) removing him from the office of chairman shall be ineligible
for election as chairman until the date on which notice of the next ordinary
elections to the municipal council is published in the manner prescribed, or
the expiry of one year from the date specified in the order published under
sub-section (9)..
30. In section 43-C of the 1920 Act, in sub-section (2), Amendment of
section 43-C.
(1) for the word councillors, the words chairman or councillors shall
be substituted;
(2) for the word councillor, the words chairman or councillor shall
be substituted.
31. In section 48 of the 1920 Act, Amendment of
section 48.
(1) in sub-section (1), for the word councillor, the expression chairman
or as a councillor shall be substituted;
(2) in sub-section (2), for the word councillor, the words chairman
or as a councillor shall be substituted.
32. In section 49 of the 1920 Act, Amendment of
section 49.
(1) in sub-section (1), for the word councillor, the words chairman
or councillor shall be substituted;
(2) in sub-section (2),
(a) in the opening part, for the expression as a councillor, the
expression as a chairman or election as a councillor shall be substituted;
(b) in clause (e), for the words a councillor, occurring in two places,
the words the chairman or a councillor shall be substituted.
33. In section 50 of the 1920 Act, Amendment of
section 50.
(1) in the marginal heading, for the word councillors, the words
chairman or councillors shall be substituted;
(2) in sub-section (1),
(a) in the opening part, for the words a councillor, the words
the chairman or a councillor shall be substituted;
(b) in clause (f), for the expression of any other councillor, the
expression of the chairman or any other councillor shall be substituted;
(c) in clause (i),
(i) for the word councillor, the words the chairman or
councillor shall be substituted;
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98 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(ii) in the proviso, for the words a councillor, the words the
chairman or a councillor shall be substituted;
(3) in sub-section (4), for the words a councillor and councillor,
wherever they occur, the words the chairman or a councillor and the
chairman or councillor shall, respectively, be substituted.
Amendment of 34. In section 51 of the 1920 Act,
section 51.
(1) in the marginal heading, for the word councillor, the words chairman
or councillor shall be substituted;
(2) in sub-section (1), for the words a councillor, any councillor and
such councillor, the words the chairman or a councillor, the chairman or
any councillor and such chairman or councillor shall, respectively, be
substituted;
(3) in sub-section (3), for the word councillor, the words chairman
or the councillor shall be substituted.
Amendment of 35. In section 368 of the 1920 Act,
section 368.
(1) in sub-section (2), for the word councillors, the words chairman
and councillors shall be substituted;
(2) in sub-section (5), for the word councillors, the words chairman
and councillors shall be substituted;
(3) in sub-section (6), for the word councillors, the words chairman
or councillors shall be substituted.

(By order of the Governor)

G. JAYACHANDRAN,
Secretary to Government,
Law Department.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 61

TheUnder Rule Act

following 130 of
of the Tamil
TamilNadu
NaduLegislative Assembly
Legislative Rules,
Assembly the following
received Bill which
the assent was
of the
introduced
Governor on the 23rd February 2012 and is hereby published for general is
in the Legislative Assembly of the State of Tamil Nadu on 3rd February 2012
published together with Statement of Objects and Reasons for general information:
information:

ACT
L.A. No No.
BILL 7 OF3 2012.
OF 2012
An Act further to amend the laws relating to the Municipal corporations
and the municipalities in the State of Tamil Nadu.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-third
Year of the Republic of India as follows:

PART-I.

PRELIMINARY.
1. (1) This Act may be called the Tamil Nadu Municipal Laws (Amendment) Short title and
Act, 2012. commence-
ment.
(2) It shall be deemed to have come into force on the 25th day of October 2011.

PART-II.

AMENDMENT TO THE CHENNAI CITY MUNICIPAL CORPORATION ACT, 1919.

Tamil Nadu 2. After section 414 of the Chennai City Municipal Corporation Act, 1919, the following Insertion of
Act IV of section shall be inserted, namely: new section
1919. 414-A.
414-A. Transitional provision on the extension of the area of the city.(1) When the
area of the city is extended, all property, all rights of whatever kind, used, enjoyed or possessed
by, and all interests of whatever kind owned by, or vested in, or held in trust by or for the
municipal council, panchayat union council or village panchayat concerned, of the extended
area as well as all liabilities legally subsisting against such municipal council, panchayat union
council or village panchayat, as the case may be, on and from the date of the Notification, by
which such extension of the city is declared, shall, subject to such directions as the Government
may, by general or special order, give in this behalf, vest with the corporation.
(2) All arrears of taxes or other payments by way of composition for a tax, or due for
expenses or compensation or otherwise, except such arrears or payments in respect of water
supply and sewerage services, due to such municipal council, panchayat union council or
village panchayat, as the case may be, on the date of such Notification, shall be recovered as
if they had accrued to the corporation and shall be recovered as if such arrears or payments
had become due under the provisions of this Act.
(3) All taxes, fees and duties, except in respect of water supply and sewerage
services, which immediately before the date of such Notification, were being levied by such
municipal council, panchayat union council or village panchayat, as the case may be, shall be
deemed to have been levied by the corporation under the provisions of this Act and shall
continue to be in force accordingly until such taxes, fees and duties are revised, cancelled or
superseded by anything done or any action taken under this Act.
(4) All proceedings except in respect of water supply and sewerage services, taken by,
or against such municipal council, panchayat union council or village panchayat or authority or
any person under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920)
or the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994), as the case may be,
shall be continued by, or against, the corporation, authority or person as if such proceedings
had been commenced under the provisions of this Act.
(5) Any action except in respect of water supply and sewerage services, taken under
the Tamil Nadu Act V of 1920 or the Tamil Nadu Act 21 of 1994, as the case may be, by any
authority before the date of such Notification, shall be deemed to have been taken by the
authority competent to take such action under this Act as if this Act had then been in force.
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62 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(6) Notwithstanding anything contained in this Act, every officer or employee except in
connection with water supply and sewerage services, who, immediately before the date of
such Notification, was in the service of such municipality, town panchayat or village panchayat,
as the case may be, shall, on and from the date of such Notification, be deemed to be an
officer or employee of the corporation:
Provided that
(a) the terms and conditions applicable to such officer or employee consequent
on his absorption in the service of the corporation shall not be less favourable than those
applicable to such officer or employee immediately before the date of such Notification, as
regards pay and allowances, leave, pension, gratuity, provident fund and age of superannuation;
and
(b) the service rendered by such officer or employee under such municipality,
town panchayat or village panchayat, as the case may be, upto the date of such Notification,
shall be deemed to be the service under the corporation and he shall be entitled to count that
service for the purpose of increments, leave, pension, provident fund and gratuity:
Provided further that such officer or employee serving in such municipality, town
panchayat or village panchayat, as the case may be, shall be given an option to be exercised
within such time and in such manner as may be prescribed either to be absorbed in the service
of the corporation or to be transferred to the service referred to in
section 73-A of the Tamil Nadu Act V of 1920 or to the service referred to in sections 104 and
105 of the Tamil Nadu Act 21 of 1994, as the case may be, or to be retrenched from the
service of such municipality, town panchayat or village panchayat, as the case may be, and
on such retrenchment, he shall be eligible for such benefits as may be prescribed..

PART-III.

AMENDMENTS TO THE MADURAI CITY MUNICIPAL CORPORATION ACT, 1971.

Amendment of 3. In section 3 of the Madurai City Municipal Corporation Act, 1971 (hereinafter in this Part Tamil Nadu Act
section 3. referred to as the 1971 Act), sub-section (8) shall be omitted. 15 of 1971.

Insertion of 4. After section 510-A of the 1971 Act, the following section shall be inserted,
new section namely:
510-AA.
510-AA. Transitional provision on the extension of the area of the city.(1) When the
area of the city is extended by including any local area, all property, all rights of whatever kind,
used, enjoyed or possessed by, and all interests of whatever kind owned by, or vested in, or
held in trust by or for the municipal council, panchayat union council or village panchayat
concerned, of the such local area as well as all liabilities legally subsisting against such
municipal council, panchayat union council or village panchayat, as the case may be, on and
from the date of the Notification, by which inclusion of such local area in the city is made, shall,
subject to such directions as the Government may, by general or special order, give in this
behalf, vest with the corporation.
(2) All arrears of taxes or other payments by way of composition for a tax, or due for
expenses or compensation or otherwise, due to such municipal council, panchayat union
council or village panchayat, as the case may be, on the date of such Notification, shall be
recovered as if they had accrued to the corporation and shall be recovered as if such arrears
or payments had become due under the provisions of this Act.
(3) All taxes, fees and duties, which immediately before the date of such Notification,
were being levied by such municipal council, panchayat union council or village panchayat, as
the case may be, shall be deemed to have been levied by the corporation under the provisions
of this Act and shall continue to be in force accordingly until such taxes, fees and duties are
revised, cancelled or superseded by anything done or any action taken under this Act.
(4) All proceedings taken by, or against such municipal council, panchayat union
council or village panchayat or authority or any person under the Tamil Nadu District Municipalities
Act, 1920 (Tamil Nadu Act V of 1920) or the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu
Act 21 of 1994), as the case may be, shall be continued by, or against, the corporation,
authority or person as if such proceedings had been commenced under the provisions of this
Act.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 63

(5) Any action taken under the Tamil Nadu Act V of 1920 or the Tamil Nadu Act 21 of
1994, as the case may be, by any authority before the date of such Notification, shall be
deemed to have been taken by the authority competent to take such action under this Act as
if this Act had then been in force.
(6) Notwithstanding anything contained in this Act, every officer or employee, who,
immediately before the date of such Notification, was in the service of such municipality, town
panchayat or village panchayat, as the case may be, shall, on and from the date of such
Notification, be deemed to be an officer or employee of the corporation:
Provided that
(a) the terms and conditions applicable to such officer or employee consequent on his
absorption in the service of the corporation shall not be less favourable than those applicable
to such officer or employee immediately before the date of such Notification, as regards pay
and allowances, leave, pension, gratuity, provident fund and age of superannuation; and
(b) the service rendered by such officer or employee under such municipality, town
panchayat or village panchayat, as the case may be, upto the date of such Notification, shall
be deemed to be the service under the corporation and he shall be entitled to count that service
for the purpose of increments, leave, pension, provident fund and gratuity:
Provided further that such officer or employee serving in such municipality, town
panchayat or village panchayat, as the case may be, shall be given an option to be exercised
within such time and in such manner as may be prescribed either to be absorbed in the service
of the corporation or to be transferred to the service referred to in section
73-A of the Tamil Nadu Act V of 1920 or to the service referred to in sections 104 and 105 of
the Tamil Nadu Act 21 of 1994, as the case may be, or to be retrenched from the service of
such municipality, town panchayat or village panchayat, as the case may be, and on such
retrenchment, he shall be eligible for such benefits as may be prescribed..

PART-IV.

AMENDMENTS TO THE COIMBATORE CITY MUNICIPAL

CORPORATION ACT, 1981.
Tamil Nadu Act 5. In section 3 of the Coimbatore City Municipal Corporation Act, 1981 (hereinafter in this Amendment of
25 of 1981. Part referred to as the 1981 Act), sub-section (8) shall be omitted. section 3.

6. After section 511-A of the 1981 Act, the following section shall be inserted, Insertion of
namely: new section
511-AA.
511-AA. Transitional provision on the extension of the area of the city.(1) When the
area of the city is extended, by including any local area, all property, all rights of whatever kind,
used, enjoyed or possessed by, and all interests of whatever kind owned by, or vested in, or
held in trust by or for the municipal council, panchayat union council or village panchayat
concerned, of the such local area as well as all liabilities legally subsisting against such
municipal council, panchayat union council or village panchayat, as the case may be, on and
from the date of the Notification, by which inclusion of such local area in the city is made, shall,
subject to such directions as the Government may, by general or special order, give in this
behalf, vest with the corporation.

(2) All arrears of taxes or other payments by way of composition for a tax, or due for
expenses or compensation or otherwise, due to such municipal council, panchayat union
council or village panchayat, as the case may be, on the date of such Notification, shall be
recovered as if they had accrued to the corporation and shall be recovered as if such arrears
or payments had become due under the provisions of this Act.

(3) All taxes, fees and duties, which immediately before the date of such Notification,
were being levied by such municipal council, panchayat union council or village panchayat, as
the case may be, shall be deemed to have been levied by the corporation under the provisions
of this Act and shall continue to be in force accordingly until such taxes, fees and duties are
revised, cancelled or superseded by anything done or any action taken under this Act.
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64 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(4) All proceedings taken by, or against such municipal council, panchayat union
council or village panchayat or authority or any person under the Tamil Nadu District Municipalities
Act, 1920 (Tamil Nadu Act V of 1920) or the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu
Act 21 of 1994), as the case may be, shall be continued by, or against, the corporation,
authority or person as if such proceedings had been commenced under the provisions of this
Act.
(5) Any action taken under the Tamil Nadu Act V of 1920 or the Tamil Nadu Act 21 of
1994, as the case may be, by any authority before the date of such Notification, shall be
deemed to have been taken by the authority competent to take such action under this Act as
if this Act had then been in force.
(6) Notwithstanding anything contained in this Act, every officer or employee, who,
immediately before the date of such Notification, was in the service of such municipality, town
panchayat or village panchayat, as the case may be, shall, on and from the date of such
Notification, be deemed to be an officer or employee of the corporation:
Provided that
(a) the terms and conditions applicable to such officer or employee, consequent
on his absorption in the service of the corporation shall not be less favourable than those
applicable to such officer or employee immediately before the date of such Notification, as
regards pay and allowances, leave, pension, gratuity, provident fund and age of superannuation;
and
(b) the service rendered by such officer or employee under such municipality,
town panchayat or village panchayat, as the case may be, upto the date of such Notification,
shall be deemed to be the service under the corporation and he shall be entitled to count that
service for the purpose of increments, leave, pension, provident fund and gratuity:
Provided further that such officer or employee serving in such municipality, town
panchayat or village panchayat, as the case may be, shall be given an option to be exercised
within such time and in such manner as may be prescribed either to be absorbed in the service
of the corporation or to be transferred to the service referred to in section 73-A
of the Tamil Nadu Act V of 1920 or to the service referred to in sections 104 and 105 of the
Tamil Nadu Act 21 of 1994, as the case may be, or to be retrenched from the service of such
municipality, town panchayat or village panchayat, as the case may be, and on such
retrenchment, he shall be eligible for such benefits as may be prescribed..

PART-V.

AMENDMENTS TO THE TAMIL NADU DISTRICT MUNICIPALITIES ACT, 1920.

Amendment of 7. In section 4 of the Tamil Nadu District Municipalities Act, 1920 (hereinafter in this Part Tamil Nadu
section 4. referred to as the 1920 Act), sub-section (5) shall be omitted. Act V of
1920.
Insertion of 8. After section 375 of the 1920 Act, the following section shall be inserted,
new section namely:
375-A.
375-A. Transitional provision on the extension of the area of the Municipality.
(1) When the area of the municipality is extended, by including any local area, all property, all
rights of whatever kind, used, enjoyed or possessed by, and all interests of whatever kind
owned by, or vested in, or held in trust by or for the town panchayat, panchayat union council
or village panchayat concerned, of such local area as well as all liabilities legally subsisting
against such town panchayat, panchayat union council or village panchayat, as the case may
be, on and from the date of the Notification, by which inclusion of such local area in the
municipality is made, shall, subject to such directions as the Government may, by general or
special order, give in this behalf, vest with the municipality.
(2) All arrears of taxes or other payments by way of composition for a tax, or due for
expenses or compensation or otherwise, due to such town panchayat, panchayat union council
or village panchayat, as the case may be, on the date of such Notification, shall be recovered
as if they had accrued to the municipality and shall be recovered as if such arrears or
payments had become due under the provisions of this Act.
(3) All taxes, fees and duties, which immediately before the date of such Notification,
were being levied by such town panchayat, panchayat union council or village panchayat,
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 65

as the case may be, shall be deemed to have been levied by the municipality under the
provisions of this Act and shall continue to be in force accordingly until such taxes, fees and
duties are revised, cancelled or superseded by anything done or any action taken under this
Act.
(4) All proceedings taken by, or against such town panchayat, panchayat union council
or village panchayat or authority or any person under this Act or under the
Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994), as the case may be, shall be
continued by, or against, the municipality, authority or person as if such proceedings had been
commenced under the provisions of this Act.
(5) Any action taken under this Act or the Tamil Nadu Act 21 of 1994, as the case may
be, by any authority before the date of such Notification, shall be deemed to have been taken
by the authority competent to take such action under this Act as if this Act had then been in
force.
(6) Notwithstanding anything contained in this Act, every officer or employee, who,
immediately before the date of such Notification, was in the service of such town panchayat,
panchayat union council or village panchayat, as the case may be, shall, on and from the date
of such Notification, be deemed to be an officer or employee of the municipality:
Provided that
(a) the terms and conditions applicable to such officer or employee consequent on
his absorption in the service of the municipality shall not be less favourable than those
applicable to such officer or employee immediately before the date of such Notification, as
regards pay and allowances, leave, pension, gratuity, provident fund and age of superannuation;
and
(b) the service rendered by such officer or employee under such town panchayat,
panchayat union council or village panchayat, as the case may be, upto the date of such
Notification, shall be deemed to be the service under the municipality and he shall be entitled
to count that service for the purpose of increments, leave, pension, provident fund and gratuity:

Provided further that such officer or employee serving in such town panchayat, panchayat
union council or village panchayat, as the case may be, shall be given an option to be
exercised within such time and in such manner as may be prescribed either to be absorbed
in the service of the municipality or to be transferred to the service referred to in section 73-
A of this Act or to the service referred to in sections 104 and 105 of the
Tamil Nadu Act 21 of 1994, as the case may be, or to be retrenched from the service of such
town panchayat, panchayat union council or village panchayat, as the case may be, and on
such retrenchment, he shall be eligible for such benefits as may be prescribed..
Tamil Nadu 9. (1) The Tamil Nadu Municipal Laws (Amendment) Ordinance, 2012 is hereby Repeal and
Ordinance repealed. saving.
3 of 2012.
(2) Notwithstanding such repeal, anything done or any action taken under the principal
Act, as amended by the said Ordinance, shall be deemed to have been done or taken under
the principal Act, as amended by this Act.

(By order of the Governor)

G. JAYACHANDRAN,
Secretary to Government,
Law Department.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 127

The following Act of the Tamil Nadu Legislative Assembly received the assent of the
Governor on the 31st May 2012 and is hereby published for general information:

ACT No. 17 OF 2012.

An Act further to amend the laws relating to the Municipal Corporations and
the Municipalities in the State of Tamil Nadu.
B E it enacted by the Legislative Assembly of the State of Tamil Nadu in the
Sixty-third Year of the Republic of India as follows:

PART-I.
PRELIMINARY.

1. (1) This Act may be called the Tamil Nadu Municipal Laws (Third Amendment) Short title and
Act, 2012. commence-
ment.
(2) It shall come into force on such date as the State Government may,
by notification, appoint.
PART-II.
AMENDMENT TO THE CHENNAI CITY MUNICIPAL CORPORATION ACT, 1919.
Tamil Nadu 2. In section 138-H of the Chennai City Municipal Corporation Act, 1919, for Amendment of
Act IV of clause (c), the following clause shall be substituted, namely: section 138-H.
1919.
(c) persons with disability, suffering from not less than forty per cent of such
disability, as certified by a Registered Medical Practitioner in the service of the
Government not below the rank of a Civil Surgeon.
Explanation.For the purpose of this clause, disability shall have the same
meaning assigned to it under clause (i) of section 2 of the Persons with Disabilities
(Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (Central
Act 1 of 1996) and also includes dumbness..

PART-III.

AMENDMENT TO THE MADURAI CITY MUNICIPAL CORPORATION ACT, 1971.

Tamil Nadu 3. In section 169-H of the Madurai City Municipal Corporation Act, 1971, for Amendment of
Act 15 of clause (c), the following clause shall be substituted, namely: section 169-H.
1971.
(c) persons with disability, suffering from not less than forty per cent of such
disability, as certified by a Registered Medical Practitioner in the service of the
Government not below the rank of a Civil Surgeon.

Explanation.For the purpose of this clause, disability shall have the same
meaning assigned to it under clause (i) of section 2 of the Persons with Disabilities
(Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (Central
Act 1 of 1996) and also includes dumbness..

PART-IV.
AMENDMENT TO THE COIMBATORE CITY MUNICIPAL CORPORATION
ACT, 1981.
Tamil Nadu 4. In section 169-H of the Coimbatore City Municipal Corporation Act, 1981, for Amendment of
Act 25 of clause (c), the following clause shall be substituted, namely: section 169-H.
1981.
(c) persons with disability, suffering from not less than forty per cent of such
disability, as certified by a Registered Medical Practitioner in the service of the
Government not below the rank of a Civil Surgeon.

Explanation.For the purpose of this clause, disability shall have the same
meaning assigned to it under clause (i) of section 2 of the Persons with Disabilities
(Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (Central
Act 1 of 1996) and also includes dumbness..
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128 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

PART-V.

AMENDMENT TO THE TAMIL NADU DISTRICT MUNICIPALITIES ACT, 1920.

Amendment of 5. In section 124-J of the Tamil Nadu District Municipalities Act, 1920, for Tamil Nadu
section 124-J. clause (c), the following clause shall be substituted, namely: Act V of
1920.
(c) persons with disability, suffering from not less than forty per cent of such
disability, as certified by a Registered Medical Practitioner in the service of the
Government not below the rank of a Civil Surgeon.
Explanation.For the purpose of this clause, disability shall have the same
meaning assigned to it under clause (i) of section 2 of the Persons with Disabilities
(Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (Central
Act 1 of 1996) and also includes dumbness..

(By order of the Governor)

G. JAYACHANDRAN,
Secretary to Government,
Law Department.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 299

The following Act of the Tamil Nadu Legislative Assembly received the assent of
the Governor on the 16th November 2012 and is hereby published for general information:

ACT No. 47 of 2012.

An Act further to amend the laws relating to the Municipal Corporations and
Municipalities in the State of Tamil Nadu.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the

Sixty-third Year of the Republic of India as follows:-

PART-I.
PRELIMINARY.

1. (1) This Act may be called the Tamil Nadu Municipal Laws (Fourth Amendment) Short title and
Act, 2012. commence-
ment.
(2) It shall come into force on such date as the State Government may, by
notification, appoint.

PART-II.

AMENDMENT TO THE CHENNAI CITY MUNICIPAL CORPORATION ACT, 1919.

Tamil Nadu 2. After section 255-A of the Chennai City Municipal Corporation Act, 1919, the Insertion of
Act IV of following section shall be inserted, namely:- new Section
1919. 255-AA.
255-AA. Permission to construct swimming pool.(1) No swimming pool
shall be constructed in any place, after the appointed day, without obtaining a
permission from the commissioner.

(2) Every application for permission to construct a swimming pool shall be

made to the commissioner and shall be accompanied by such fee not exceeding
rupees five thousand, as may be prescribed, and shall contain such particulars as
may be prescribed.
(3) On receipt of an application under sub-section (2), the commissioner may,
after making such enquiry as he deems necessary, either grant or refuse to grant
the permission. Every permission granted shall be in such form and subject to such
terms and conditions, as may be prescribed.
(4) Where the commissioner refuses to grant permission under
sub-section (3), he shall give reasons in writing for such refusal.
(5) No owner or occupier of a building or land in which a swimming pool
is located immediately before the appointed day, shall continue the use of such
swimming pool unless he obtains a permission under this section in respect of
such swimming pool within a period of three months from the appointed day.

(6) Every owner or occupier of a building or land in which a swimming pool

is located, shall maintain the swimming pool in such manner and follow such safety
norms, as may be prescribed.

(7) The commissioner or any person authorised by him in this behalf may,
subject to the provisions of section 378, enter into any building or land in which
a swimming pool is located, in order to make any enquiry or inspection and may
take any measures or do anything which may, in his opinion, be necessary for the
purpose of maintenance of the swimming pool or for the safety of the persons using
the swimming pool:
Provided that the commissioner shall authorise, for the purpose of this sub-
section, any officer,-

(i) not below the rank of Joint Director in the office of the Director of School
Education, in respect of swimming pools located in the premises of schools;
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300 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(ii) not below the rank of Joint Director in the office of the Director of Collegiate
Education, in respect of swimming pools located in the premises of colleges and
Universities.
(8) For the purpose of sub-section (7), the commissioner may authorise
different persons for different classes of buildings or land in which swimming pools
are located.
Explanation.For the purpose of this section, appointed day means such date
as the Government may, by notification, appoint under sub-section (2) of
section 1 of the Tamil Nadu Municipal Laws (Fourth Amendment) Act, 2012..

PART-III.

AMENDMENT TO THE TAMIL NADU DISTRICT MUNICIPALITIES ACT, 1920.

Insertion of 3. After section 215-A of the Tamil Nadu District Municipalities Act, 1920, the Tamil Nadu
new Section following section shall be inserted, namely:- Act V of
215-AA. 1920.
215-AA. Permission to construct swimming pool.(1) No swimming pool
shall be constructed in any place, after the appointed day, without obtaining a
permission from the executive authority.
(2) Every application for permission to construct a swimming pool shall be
made to the executive authority and shall be accompanied by such fee not exceeding
rupees five thousand, as may be prescribed, and shall contain such particulars as
may be prescribed.

(3) On receipt of an application under sub-section (2), the executive authority

may, after making such enquiry as he deems necessary, either grant or refuse to
grant the permission. Every permission granted shall be in such form and subject
to such terms and conditions, as may be prescribed.
(4) Where the executive authority refuses to grant permission under
sub-section (3), he shall give reasons in writing for such refusal.
(5) No owner or occupier of a building or land in which a swimming pool
is located immediately before the appointed day, shall continue the use of such
swimming pool unless he obtains a permission under this section in respect of
such swimming pool within a period of three months from the appointed day.
(6) Every owner or occupier of a building or land in which a swimming pool
is located, shall maintain the swimming pool in such manner and follow such safety
norms, as may be prescribed.
(7) Any person authorised by the State Government in this behalf may, subject
to the provisions of section 335, enter into any building or land in which a swimming
pool is located, in order to make any enquiry or inspection and may take any
measures or do anything which may, in his opinion, be necessary for the purpose
of maintenance of the swimming pool or for the safety of the persons using the
swimming pool:
Provided that the State Government shall authorise, for the purpose of this sub-
section, any officer,-
(i) not below the rank of Joint Director in the office of the Director of School
Education, in respect of swimming pools located in the premises of schools;
(ii) not below the rank of Joint Director in the office of the Director of Collegiate
Education, in respect of swimming pools located in the premises of colleges and
Universities.
(8) For the purpose of sub-section (7), the Government may authorise
different persons for different classes of buildings or land in which swimming pools
are located.
Explanation.For the purpose of this section, appointed day means such date
as the Government may, by notification, appoint under sub-section (2) of
section 1 of the Tamil Nadu Municipal Laws (Fourth Amendment) Act, 2012..
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 301

PART-IV.

AMENDMENT TO THE MADURAI CITY MUNICIPAL CORPORATION ACT, 1971.

Tamil Nadu 4. After section 295-A of the Madurai City Municipal Corporation Act, 1971, the Insertion of
Act 15 of following section shall be inserted, namely:- new Section
1971. 295-AA.
295-AA. Permission to construct swimming pool.(1) No swimming pool
shall be constructed in any place, after the appointed day, without obtaining a
permission from the commissioner.

(2) Every application for permission to construct a swimming pool shall be

made to the commissioner and shall be accompanied by such fee not exceeding
rupees five thousand, as may be prescribed, and shall contain such particulars as
may be prescribed.
(3) On receipt of an application under sub-section (2), the commissioner may,
after making such enquiry as he deems necessary, either grant or refuse to grant
the permission. Every permission granted shall be in such form and subject to
such terms and conditions, as may be prescribed.

(4) Where the commissioner refuses to grant permission under

sub-section (3), he shall give reasons in writing for such refusal.
(5) No owner or occupier of a building or land in which a swimming pool
is located immediately before the appointed day, shall continue the use of such
swimming pool unless he obtains a permission under this section in respect of
such swimming pool within a period of three months from the appointed day.

(6) Every owner or occupier of a building or land in which a swimming pool

is located, shall maintain the swimming pool in such manner and follow such safety
norms, as may be prescribed.

(7) The commissioner or any person authorised by him in this behalf may,
subject to the provisions of section 468, enter into any building or land in which
a swimming pool is located, in order to make any enquiry or inspection and may
take any measures or do anything which may, in his opinion, be necessary for the
purpose of maintenance of the swimming pool or for the safety of the persons using
the swimming pool:
Provided that the commissioner shall authorise, for the purpose of this
sub-section, any officer,-

(i) not below the rank of Joint Director in the office of the Director of School
Education, in respect of swimming pools located in the premises of schools;
(ii) not below the rank of Joint Director in the office of the Director of Collegiate
Education, in respect of swimming pools located in the premises of colleges and
Universities.

(8) For the purpose of sub-section (7), the commissioner may authorise
different persons for different classes of buildings or land in which swimming pools
are located.

Explanation.For the purpose of this section, appointed day means such date
as the Government may, by notification, appoint under sub-section (2) of
section 1 of the Tamil Nadu Municipal Laws (Fourth Amendment) Act, 2012..

PART-V.

AMENDMENT TO THE COIMBATORE CITY MUNICIPAL CORPORATION ACT, 1981.

Tamil Nadu 5. After section 295-A of the Coimbatore City Municipal Corporation Act, 1981, Insertion of
Act 25 of the following section shall be inserted, namely:- new Section
1981. 295-AA.
295-AA. Permission to construct swimming pool.(1) No swimming pool
shall be constructed in any place, after the appointed day, without obtaining a
permission from the commissioner.
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302 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(2) Every application for permission to construct a swimming pool shall be

made to the commissioner and shall be accompanied by such fee not exceeding
rupees five thousand, as may be prescribed, and shall contain such particulars as
may be prescribed.
(3) On receipt of an application under sub-section (2), the commissioner may,
after making such enquiry as he deems necessary, either grant or refuse to grant
the permission. Every permission granted shall be in such form and subject to such
terms and conditions, as may be prescribed.

(4) Where the commissioner refuses to grant permission under

sub-section (3), he shall give reasons in writing for such refusal.
(5) No owner or occupier of a building or land in which a swimming pool
is located immediately before the appointed day, shall continue the use of such
swimming pool unless he obtains a permission under this section in respect of
such swimming pool within a period of three months from the appointed day.

(6) Every owner or occupier of a building or land in which a swimming pool

is located, shall maintain the swimming pool in such manner and follow such safety
norms, as may be prescribed.

(7) The commissioner or any person authorised by him in this behalf may,
subject to the provisions of section 467, enter into any building or land in which
a swimming pool is located, in order to make any enquiry or inspection and may
take any measures or do anything which may, in his opinion, be necessary for the
purpose of maintenance of the swimming pool or for the safety of the persons using
the swimming pool:
Provided that the commissioner shall authorise, for the purpose of this
sub-section, any officer,-

(i) not below the rank of Joint Director in the office of the Director of School
Education, in respect of swimming pools located in the premises of schools;
(ii) not below the rank of Joint Director in the office of the Director of Collegiate
Education, in respect of swimming pools located in the premises of colleges and
Universities.

(8) For the purpose of sub-section (7), the commissioner may authorise
different persons for different classes of buildings or land in which swimming pools
are located.
Explanation.For the purpose of this section, appointed day means such date
as the Government may, by notification, appoint under sub-section (2) of
section 1 of the Tamil Nadu Municipal Laws (Fourth Amendment) Act, 2012..

(By order of the Governor)

G. JAYACHANDRAN,
Secretary to Government,
Law Department.