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The Tamil Nadu District Municipalities Act (Tamil Nadu Act V of 1920) Complete Act - Bare Act

StateTamil Nadu Government
Year
Act Info:
THE TAMIL NADU DISTRICT MUNICIPALITIES ACT (TAMIL NADU ACT V OF 1920)

THE TAMIL NADU DISTRICT MUNICIPALITIES ACT

(TAMIL NADU ACT V OF 1920)
An Act to consolidate & amend the law relating to District Municipalites.
Preamble. - WHEREAS it is expedient to consolidate & amend the law relating to District Municipalities in the State of Tamil Nadu; and whereas the previous sanction of the Governor-General has been obtained under section 79 of the Government of India Act, 1915, to the passing of this Act; It is hereby enacted as follows:

PART I

CHAPTER I "PRELIMINARY

1. Title and extent "
(1) This Act may be called THE Substituted by Tamil Nadu A.O. 1969 [TAMIL NADU] DISTRICT MUNICIPALITIES ACT, 1920.
2. Substituted by Tamil Nadu Act X of 1930 [(2) It extends to the whole of the Substituted by Tamil Nadu A.O. 1970 [state of Tamil Nadu] except the City of Madras].

NOTES
S.1 " Power under the Act " To be strictly construed " 36 M 113
The Madras Local Bodies Act is in pari materia with the District Municipalities Act " It can be referred to " 1935 M 657
Rules must be consistent with the Act " 19Cri. L.J. 392

2. Repeal of enactments -
The enactments mentioned in Schedule I are repealed to the extent specified in the fourth column thereof.

3. Definitions -
In this Act unless there is anything repugnant in the subject or context "(1) Original clause (1) was re-numbered as clause (1-B) and clause (1) and (1-A) were inserted by Tamil Nadu District Municipalities Act, 1930; clause (1) was omitted and clause (1-A) were re-numbered as clause (1) by Madras City Municipal District Municipalities and Local Boards (Amendment) Act, 1938 and for the clause as so re-numbered the present clause was substituted by the Adaptation (Amendment) Order of 1950. Omitted by Tamil Nadu Act XVII of 1973.
Clause (1) of the original section was re-numbered as Clause (1-B) by Tamil Nadu Act X of 1930 [ (1-B) ˜Appoint' " ˜Appoint' includes to appoint temporarily or in an officiating capacity.]
(2) ˜Appointment' - ˜Appointment' includes temporary and officiating appointments.
Clause (2-a), Inserted by Tamil Nadu Municipal Laws (Amendment) Act 34 of 1995 "[(2-A) Backward Classes of Citizens shall have the same meaning as 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 the State) Act, 1993"]
(3) ˜Building' - ˜Building' includes a house, out-house, stable, latrine, shed, hut, wall (other than a boundary wall not exceeding eight feet in height) and any other such structure, whether of masonry, bricks, wood, mud, metal or any other material whatsoever.

NOTES
S.3(3) - ˜Building' includes wall. The mere demolition and reconstruction of the walls on new foundation will not amount to reconstruction " (1954) 2 MLJ 556
S.3 (3) " Compound wall " whether Building " (1948) 2 MLJ 1093;
(4) ˜Building line' - ˜Building line' means a line which is in rear of the street alignment and to which the main wall of a building abutting on a street may lawfully extend.
Substituted by Tamil Nadu Act III of 1931 [(5) ˜Carriage' - ˜Carriage' means any wheeled vehicle with spring or other appliances acting as springs and includes any kind of bicycle, tricycle, rickshaw and palanquin, but does not include any motor vehicle within the meaning of the Indian Motor vehicles Act, 1914 Now the Motor Vehicles Act, 1988 (Central Act LIX of 1988)
Substituted by Tamil Nadu Act III of 1931 [ (6) ] ˜Cart' " ˜Cart' includes any wheeled vehicle which is not a carriage but does not include any motor vehicle within the meaning of the Indian Motor Vehicle Act, 1914 Now the Motor Vehicles Act, 1988 (Central Act LIX of 1988)
(7) ˜Casual Vacancy, casual election' "˜ Casual Vacancy' means a vacancy occurring otherwise than by efflux of time Omitted by Tamil Nadu Act X of 1930 and Casual election' means an election held on the occurrence of a casual vacancy.
Inserted by Tamil Nadu Act XXV of 1994 [ (7-A) ˜Chairman' means the Chairman of the town panchayat or the municipality as the case may be.]
Substituted by Tamil Nadu Act X of 1930 [ (8) ˜Company' " ˜Company' means a company as defined in the Indian Companies Act, 1913 See now the Companies Act, 1956 (Central Act I of 1956) or formed in pursuance of an Act of Parliament Inserted by the Adaptation Amendment Order of 1950 [of the United Kingdom] or of Royal Charter or Letters Patent, or of an Act of the Legislature of a British Possession and includes any firm or association carrying on business in the State of Tamil Nadu whether incorporated or whether its principal place of business is the said State or not.]
Inserted by Tamil Nadu Act X of 1930 [(8-A) ˜Election authority' " ˜Election authority' means such authority not being the chairman or a councilor as may be prescribed.
Inserted by Tamil Nadu Act X of 1930 (8-B) ˜European' "˜European' means any person of European descent who either was born in or has a domicile in the United Kingdom or in any British Possession or in any Substituted by Tamil Nadu Act XXV of 1957 [part of India] or whose father was so born or has or had up to the date of the birth of the person in question such a domicile.]
Substituted by Tamil Nadu Act XXIII of 1978[8-c) ˜Executive Authority' means an officer of the State Government, or of the local authority (not being the chairman or vice-chairman or a member of the council) as may be specified by the State Government by notification ]

NOTES
S.3 (8C) " Executive Authority " A mere vesting of an individual with all the powers of a higher authority will not make that the person the higher authority " 69 LW 504;
(9) ˜Filth' "˜Filth' includes sewage, night-soil, dung, dirt, putrid and putrefying substances and all offensive matter.
Inserted by Tamil Nadu Act XXV of 1994 [(9-A) ˜ Finance Commission' means the commission referred to section 134-B.]
(10) ˜Hill Station' -˜Hill Station' means a place specified in Schedule II and includes any other place which may be notified by the Substituted by the Adaptation Orders of 1937 and by the Adaptation Order, 1950 [State Government] as a hill Station.
(11)'Hut' " ˜Hut' means any building which is constructed principally of wood, mud , leaves, grass or thatch and includes any temporary structure of whatever size of any small building of whatever material made which the council may declare to be a hut for the purposes of this Act.

NOTES
S.3(11) "Hut" " meaning of " 72 LW 415;
Inserted by Tamil Nadu District municipalities (Amendment) Act, 1930 [ 11-A) ˜Indian Christian' - ˜Indian Christian' means a native of India who is, or in good faith claims to be, of unmixed Asiatic descent and who professes any form of the Christian religion.]
Inserted by Tamil Nadu Act XXV of 1994 [(11-B) "˜Inspector' means any officer not below the rank of a District Collector appointed by the Sate Government to exercise or perform any of the powers or duties of the Inspector under this Act.]
(12_'Latrine' " ˜Latrine' includes privy, water-closet and urinal.
Omitted by the Adaptation Order pf 1937 [ (12-A) ]
Inserted by Tamil Nadu District Municipalities (Amendment) Act, 1930 [(12-B) ˜Local Authority' includes a cantonment authority.]
Inserted by Tamil Nadu Act XXV of 1994[(12-C) ˜Municipal council' means the council of the town panchayat or the municipality, as the case may be.]
Inserted by Tamil Nadu Act XXV of 1994 [(12-D) ˜Municipality' means an institution of self-government constituted for a smaller urban area as defined in clause (2) of Article 243-Q of the Constitution.]
(13) ˜Municipal Office' "˜Municipal Office' means the principal office of any municipal council.
(14) ˜Nuisance' "˜Nuisance' includes an act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or which is or may be dangerous to life or injurious to health or property.
(15) ˜Occupier'- ˜Occupier' includes any person for the time being paying or liable to pay to the owner, the rent or any portion of the rent of the land or building or part of the same in respect of which the word is used.
Substituted by the Tamil Nadu Act X of 1930 [ (16) ˜Ordinary vacancy' ˜ Ordinary election' " ˜Ordinary vacancy' means a vacancy occurring by efflux of time and ˜Ordinary election' means an election held on the occurrence of an ordinary vacancy.]
(17) ˜Owner' " ˜ Owner' includes (a) the person for the time being receiving or entitled to receive whether on his own account or as agent, trustee, guardian, manager or receiver for another person, or for any religious or charitable purpose, the rent or profits of the property, in connexion with which the word is used, and (b) the person for the time being in-charge of the animal or vehicle, in connexion with which the word is used.

NOTES
S.3 (17) " ˜Owner' " Liability of land holder " AIR 1946 M31;
(18) ˜Palanquin' " ˜Palanquin' includes tonjans, manchils and chairs carried by men by means of posts, but not slings or cots used for the conveyance of children or aged or sick people.
Inserted by Tamil Nadu Act XXV of 1994 [ (18-A) Panchayat town' means an area in transition from a rural area to an urban area classified as panchayat town under section 3-B]
(19) ˜Prescribed' " ˜Prescribed' means any street, road, square, court, alley, passage or riding-path, which is not a ˜Public street' but does not include a pathway made by the owner of premises on his own land to secure access to or the convenient use of such premises.
(20) ˜Private street' - ˜Private street' means any street, road, square, court, alley, passage or riding-path, which is not a ˜public street' but does not include pathway made by the owner of premises on his own land to secure access to or the convenient use of such premises.
(21) ˜Public Street' " ˜Public Street' means any street, road, square, court, alley, passage or riding-path Substituted by the Tamil Nadu Act X of 1930 [over which the public have a right of way]
(a)the roadway over any public bridge or causeway;
(b) the footway attached to any such street, public bridge or causeway; and
(c) the drains attached to any such street, public bridge or causeway and land, whether covered or not by any pavement, verandah, or other structure, which lies on either side of the roadway up to the boundaries of the adjacent property whether that property is private property or property belonging to Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [the Government].

NOTES
S. 3 (21) "Public street' " when not a " 38 MLJ 455;
S.3 (21) " Public Street' " (1990) 2 MLJ 506;
S.3 (21) Blind lane is also a public street ILR 1966 (1) Mad.550
(22) ˜Public water-courses. Etc.' - ˜Public water-courses, springs, wells and tanks' include those used by the public to such an extent as to give a prescriptive right to such user.
(23) ˜Railway' " ˜Railway' includes a tramway.
(24) ˜Reconstruction' " ˜Reconstruction' of a building includes "
(a) the re-erection wholly or partially of a building after more than one-half of its cubical contents has been taken down or burnt down, or has fallen down whether at one time or not;
(b) the re-erection wholly or partially of any building of which an outer wall has been taken down or burnt down or has fallen down or to within ten feet of the ground adjoining the lowest story of the building, and of any frame building which has so far been taken down or burnt down or has fallen down as to leave only the frame work of the lowest story;
(c) the conversion into a dwelling-house or a place of public worship of any building not originally constructed for human habitation or for public worship, as the case may be, or the conversion into more than one dwelling-house of a building originally constructed as one dwelling-house only or the conversion of a dwelling-house into factory.
(d) the re-conversion into a dwelling-house or a place of public worship or a factory of any building which has been discontinued as, or appropriated for any purpose other than, a dwelling-house of a place of public worship or factory as the case may be.

NOTES
S.3 (24) "Reconstruction" " meaning of " (1954) 2 MLJ 556;
(25) "Residence" " ˜Reside' " A person is deemed to have his ˜residence' or to ˜reside' in any house if he sometimes uses any portion thereof as a sleeping apartment, and a person is not deemed to cease to reside in any such house merely because he is absent from it, or has elsewhere another dwelling in which he resides, if he is at liberty to Substituted by Tamil Nadu Act X of 1930 [ return to such house] at any time and has not abandoned his intention of returning.

NOTES
S.3 (25) " ˜Residence' " meaning of " 50 MLJ 77
(26) ˜Rubbish' " ˜Rubbish' means dust, ashes, broken bricks, mortar, broken glass, and refuse of any kind which is not ˜filth'
(27) ˜Salary' -˜Salary' means pay and acting pay or payment by way of commission and includes exchange compensation allowances, but not allowances for house rent, carriage-hire, or traveling expenses.
(28) ˜Scavenger' " ˜Scavenger' means a person employed in collecting or removing filth, in cleaning drains and slaughter-houses or in driving carts used for the removal of filth.
Substituted by the Adaptation (Amendment) Order of 1950. Present Clauses (28-A) and (28-B) [(28-A) ˜Scheduled castes' shall have the same meaning as in the Constitution.
(28-B) ˜Scheduled Tribes' shall have the same meaning as in the Constitution.]
Inserted by Tamil Nadu Act XXV of 1994 [ (28-C) ˜State Election Commission' means the State Election Commission referred to in section 43-B]
Inserted by Tamil Nadu Act XXV of 1994 [(28-D) ˜State Election Commissioner' means the State Election Commissioner referred to in section 43-B].
(29) ˜Street Alignment' " ˜Street Alignment' means a line dividing the lands comprised in and forming part of a street from the adjoining land.
Inserted by ibid [ (29-A) ˜Town Panchayat' means a institution of self-government considered for a transitional area as defined in clause (2) of Article 243-Q of the Constitution .]
Inserted by ibid [ (29-B) ˜Wards Committee' means the Wards Committee referred to in section 24-B.]
(30) " Water-course' " ˜Water Course' includes any river stream, or channel whether natural or artificial.
(31) ˜Year' " ˜Year' means the financial year.

Inserted by Tamil Nadu Act XXV of 1994 [CHAPTER 1-A

TOWN PANCHAYATS

3-A. Application of Chapter -
This Chapter shall apply only to the town panchayats.

3-B. 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 not less than five thousand and an annual income of not less than one lakh of rupees as 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 (1), there shall be established a town panchayat.
(3) (a) The Governor may, by notification, exclude from a panchayat town any area comprised therein, provided that the population of the panchayat town after such exclusion, is not less than five thousand.
(b) In regard to any area excluded under clause (a), the Governor shall, by notification under sub-section (1), declare it to be a panchayat town if its population is less than five thousand, include it in any contiguous panchayat town under clause (c) (i)
(c) The Governor may, by notification "
(i) include in a panchayat town any local area contiguous thereto; or
(ii) cancel or modify a notification issued under sub-section (1); 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-C. 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-J.
(2) The following persons shall also be represented in the town panchayat, namely,
(a) not more than two persons who are not less than twenty-five years of age and who have special knowledge or experience in municipal administration to be nominated by the State Government.
Provided that the person nominated under this clause shall not have the right to vote in the meetings of the municipal council;
(b) the members of the House of the People and the members of the State Legislative Assembly representing a constituency comprising the whole or any part of the town panchayat, and
(c) the members of council of state who are 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 the in clauses (b) and (c) of sub-section (2) shall be entitled to take part in the proceedings, and vote at the meetings of the town panchayat.

3-D. Incorporation of the town panchayats -
(1) A town panchayat shall be constituted for each panchayat town consisting of such number of elected members, with effect from such date as may be specified in the notification issued in that behalf by the Governor.
(2) Subject to the provisions of this Act, the administration of the 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-B, 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, of acquiring, holding and transferring property, movable or immovable, of entering into contracts and of doing all things necessary, property or expedient for the purpose for which its is constituted.

3-E. Alteration of classification of panchayat towns -
(1) The Governor may alter any classification, notified under sub-section (1) of section 3-B, if in his opinion the panchayat town satisfied 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-F. Strength of a town panchayat "
(1) Notwithstanding anything contained in this Act, the total number of members of town panchayat (exclusive of its Chairman) shall be notified by the Inspector in accordance with such scale as may be prescribed with reference to the population as ascertained at the last preceding census of which the relevant figures have been published.
Provided that for the first election to the town panchayat to be held immediately after the commencement of the Tamil Nadu District Municipalities (Amendment) Act, 1994 , the provisional population figures of the town panchayat as published in relation to 1991 census shall be deemed to be the population of the town panchayat as ascertained in that census.
(2) The Inspector, may from time to time, by notification, alter the total number of members of the town panchayat notified under sub-section (1).

3-G. 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 period of five years shall operate as dissolution of the town panchayat.
(2) An election to constitute a town panchayat 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 town panchayat would have continued is less than six months, it shall not be necessary to hold any election for constituting the town panchayat for such period.

3-H. Election of members of town panchayat "
The members of town panchayat referred to in sub-section (1) of section 3-C shall be elected in such manner as may be prescribed;
Provided that no person shall be eligible to be elected under this Act as a member of more than one town panchayat.

3-I. Reservation of seats -
(1) Seats shall be reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes in every town panchayat and the number of seats so reserved, shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that town panchayat 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 of the total number of seats reserved for the persons belonging to the Scheduled Castes and Scheduled tribes.
Inserted by Tamil Nadu Municipal Laws (Amendment) Act 34 of 1995[ (2-A) Seats shall be reserved for the persons belonging to the Backward classes of citizens in every town panchayat and the number of seats so reserved, shall be as nearly as may be, fifty per cent of the total number of seats in the town panchayat.
(2-B) Seats shall be reserved for women belonging to the Backward Classes of citizens from among the seats reserved for the persons belonging to the Backward classes of citizens which shall not less than one-third of the total number of seats reserved for the persons belonging to the Backward Classes of citizens ";]
(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 Substituted by ibid [including the number of seats reserved for women belonging to the Scheduled Castes and Scheduled Tribes] and the Backward Classes of Citizens of the total number of seats in the town panchayat.
(4) (a) The offices of the Chairpersons 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 proportion of the Scheduled Castes in all the town panchayats in the State or the Scheduled Tribes in all the town panchayats in the State, bears to the total population of all the town panchayats in the State.
(b) The offices of Chairpersons of the town panchayat shall be reserved for women belonging to the Scheduled Castes and the Scheduled tribes from among the offices reserved for the persons belonging to the Scheduled Castes and Scheduled Tribes which shall not be less than one-third of the total number of offices reserved for the Scheduled Castes and the Scheduled Tribes.
Inserted by Tamil Nadu Municipal Laws (Amendment) Act 34 of 1995 "[4-A) (a) The offices of the Chairpersons of the town panchayat shall be reserved for persons belonging to the Backward Classes of citizens and the number of offices so reserved, shall be, as nearly as may be, fifty per cent of the total number of offices of the Chairpersons of the town panchayats in the State.
(b) The offices of the Chairpersons of the town panchayats shall be reserved for women belonging to the Backward classes of citizens from among the offices reserved for the persons belonging to the Backward classes of citizens which shall not be less than one third of the total number of offices reserved for the persons belonging to the Backward Classes of Citizens";]
(5) The offices of the Chairpersons of the town panchayats shall be reserved for women and the number of offices reserved for women shall not be less than one-third Substituted by ibid [including the number of offices reserved for women belonging to the Scheduled Castes and the Scheduled Tribes and the Backward classes of citizens] of the total number of offices of the chairpersons of the town panchayats in the State;
Provided that the offices reserved Substituted by ibid [under this section] 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 Chairpersons under sub-section (4) shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution.

3-J . Division of town panchayats into wards "
(1) For the purpose of election of councilors 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 scale as may be prescribed.
(2) Only one member shall be elected form each ward.

3-K. Term of office of members -
(1) Except as otherwise provided in this Act, 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 shall commence on the date appointed for the first meeting of the town panchayat after such ordinary election.
(3) the member of a town panchayat elected in a casual vacancy shall enter upon the office forthwith but shall hold office only so long as the member in whose place he is elected would have been entitled to hold office, if the vacancy had not occurred.

3-L. Electoral roll -
(1) 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 with 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-M. 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 thereunder or of any other enactment for the time being in force elsewhere in the State of Tamil Nadu but not in the Panchayat town shall apply to that town panchayat to such extent and subject to such modifications, additions and restrictions as may be specified in the notification.

3-N. Chapter to override other laws. "
(1) The provisions of this Chapter shall have effect notwithstanding anything inconsistent therewith contained in this Act or any other law.
(2) Save as otherwise provided in sub-section (1), the provisions of this chapter shall be, in addition to, and not in derogation of, any other provisions of this Act.]

PART II " ESTABLISHMENT, CONSTITUTION AND GOVERNMENT OF DISTRICT MUNICIPALITIES

CHAPTER II " CREATION AND ABOLITION OF MUNICIPALITIES

4. Creation of Municipalities "
(1) Substituted by Tamil Nadu Act XXV of 1994 [ The Governor may, having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as he may deem fit, by notification, declare his intention.]
(a) to constitute as a municipality any town, village, hamlet, bazaar, station or other local area or any group of the same in the immediate neighborhood of one another; or
(b) to exclude from a municipality any local area in the vicinity thereof and defined in such notification ;
(c) to include within a municipality any local area in the vicinity thereof and defined in such notification;
Provided that no cantonment shall be included within a Municipality Omitted by the Adaptation Order of 1937

NOTES
S.4 (1) (c) " inclusion of any local area " Notification " Necessary " (1957) MLJ (Cri) 619;
S.4 (1) (c) " Notification necessary for inclusion of Area in Municipality (1957) 2 AN. W.R. 407 ; (1953) 1 MLJ 536;
2. Any inhabitant of a local area or tax-payer of a municipality, in respect of which any such notification has been published may, if he desires to object to anything therein contained, submit his objection in writing to the Substituted by Tamil Nadu Act XXV of 1994[Governor] within six weeks from the publication of the notification and the Substituted by Tamil Nadu Act XXV of 1994[Governor] shall take all such objections into consideration.
3. When six weeks form the publication of the notification have expired and Substituted by ibid [the Governor] has considered the objections, if any, which have been submitted, he may] as the case may be, by notification declare to be a Municipality, or exclude in a Municipality, the local area or any portion thereof.
4. This Act shall come into force in or cease to apply to, any Municipality or part thereof, as the case may be, on such date as may be specified under sub-section (3)
Substituted by Tamil Nadu Act X of 1930 [ (5) If any local area in which the Tamil Nadu Local Boards Act, 1920 Now the Tamil Nadu District Boards Act, 1920 (Tamil Nadu Act XVI of 1920) , is in force is constituted as or included in a Municipality, Substituted for ˜Provincial' by the Adaptation Order of 1950[State Government] may pass such orders as they may deem fit as to the transfer to the council of such Municipality or and as to the discharge of the liabilities, if any, of such local board Now District Board relating to such assets or institution s.]
Section 4-A inserted by Tamil Nadu Act, XIX of 1959 [
4-A. Townships " Sub-section (1) substituted by Tamil Nadu Act XXV of 1994 [(1) The Governor may, having regard to the size of the Area and the Municipal service being provided or proposed to be provided by an industrial establishment in that area and such other factors as he may deem fit, declare an urban area comprised in any Municipality or specified area therein to be an industrial township.]
(2) In regard to any Municipality or any area declared to be a township under sub-section (1), the Substituted for "State Government" [Governor] may direct that any function vested in a Municipal Council by or under this Act shall be transferred to and performed by the township committee and shall provide for "
(i) the total number of members of the township committee;
(ii) the persons who shall be members of the township committee or the manner in which they shall be chosen;
(iii) the person who shall be the Chairman of the township committee or the manner in which he shall be elected or appointed;
(iv) the term of office of members and the Chairman;
(v) the restrictions and conditions subject to which the township committee may perform its functions; and
(vi) the procedure of the township committee.
(4) The Substituted by Tamil Nadu Act XXV of 1994 [Governor] may, by notification, direct that any of the provisions of this Act or of any rules made thereunder or of any other enactment for the time being in force elsewhere in the State of Tamil Nadu but not in the Municipality or specified area therein referred to in sub-section (1) shall apply to that Municipality or area to such extent and subject to such modifications, additions and restrictions, as may be specified in the notification.
5. (a) if any difficulty arises in giving effect to the provisions of this section the Substituted by Tamil Nadu Act XXV of 1994[Governor] may, as occasion may arise, by order, do anything which appears to Substituted by Tamil Nadu Act XXV of 1994 [him] necessary for the purposes of removing the difficulty.
(b) All orders issued under clause (a) shall, as soon as possible after they are made, be placed on the table of both Houses of Legislature and shall be subject to such modifications by way of amendments or repeal as the Legislature may make either in the same session or in the next session.
Explanation omitted , ibid.[ .]
Inserted by Tamil Nadu Act XXXIII of 1990 [
4-B. Declaration of a township to be municipality - (1) Notwithstanding anything contained in section 4, if the Governor is satisfied that any industrial township should be declared as a municipality, he may, by notification declare such industrial township to be a municipality.
(2) The provisions of this Act or of any rules made thereunder shall apply to any township so declared to be a municipality on such date as may be specified in the notification under sub-section (1)]
Substituted by Tamil Nadu Act XXV of 1994 [
5. Duration of municipality " (1) Every municipality,, unless sooner dissolved under section 41, 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 period of five years shall operate as a dissolution of the municipality.
(2) An election to constitute the municipality shall be completed "
(a) before the expiry of its duration specified in sub-section (1); or
(d) before the expiration of a period of six months from the date of its dissolution;
Provided that where the remainder of the period from which the dissolved municipality would have continued, is less than six months, it shall not be necessary to hold any election under this sub-section for constituting the municipality for such period.]

CHAPTER III

CONSTITUTION OF MUNICIPAL AUTHORITIES

6. The Municipal authorities and their incorporation "
Substituted by Tamil Nadu Amendment Act XV of 1933 [(1) The municipal authorities charged with carrying out the provisions of this Act are "
(a) a council ;
(b) a chairman ; and
(c) an executive authority. ]
2. The municipal council shall by the name of the municipality be a body corporate, shall have perpetual succession and a common seal and subject to any restriction or qualification imposed by this or any other enactment shall be vested with the capacity of suing or being sued in its corporate name, of acquiring, holding and transferring property movable or immovable, of entering into contracts and of doing all things necessary for the purpose of its constitution.

NOTES
S.6(2) " Scope of " (1974) 1 MLJ 258.

7. Constitution of council -
Substituted by Tamil Nadu Act XXIII of 1978 [ (1) The municipal council shall consist of such number of councilors exclusive of its chairman as may be determined by the State Government, by notification and different notifications may be issued for different municipal councils.
Provided that the number of councilors so notified shall not be more than fifty-two and shall not be less than twenty:
Provided further that the power to determine the number of councilors shall not be exercised by the State Government more than once within a period of five years in respect of any municipality.]
Substituted by Tamil Nadu Act XXV of 1994 [ (2) Save as provided in sub-section (3), every municipality shall consist of the elected members as notified under sub-section (1);
(3) The following persons shall also be represented in the municipality, namely:-
(a) not more than two persons who are not less than twenty-five years of age and who have special knowledge or experience in municipal administration, to be nominated by the State Government.
Provided that the person nominated under this clause shall not have the right to vote in the meetings of the municipal council;
(b) the members of the House of the People and the members of the State Legislative Assembly representing the constituency comprising the whole or any part of the municipality; and
(c) the members of the Council of States who are registered as electors within the area of the municipality.
(4) The members of the House of the People, the State Legislative Assembly and the council of States referred to in clauses (b) and ( c) of sub-section (3) shall be entitled to take part in the proceedings, and vote at the proceedings of the council.
(5) Seats shall be reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes in every municipality and the number of seats so reserved, shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct elections in that municipality as the population of the Scheduled Castes in that municipal area or the Scheduled Tribes in that municipal area, bears to the total population of that area:
Provided that for the first election for the municipality to be held immediately after the commencement of the Tamil Nadu District Municipalities (Amendment) Act, 1994, the provisional population figures of the municipal area as published in relation to 1991 census, shall be deemed to be the population of the municipal area as ascertained in that census.
(6) 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 of the total number of seats reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes.
Substituted by Section (6-A) and (6-B) of Sec. 7 Inserted by Tamil Nadu Act 34 of 1995 [(6-A) Seats shall be reserved for the persons belonging to the Backward Classes of citizens in every municipality and the number of seats so reserved, shall be, as nearly as may be, fifty per cent of the total number of seats to be filled by direct elections in that municipality.
(6-B) Seats shall be reserved for women belonging to the Backward Classes of citizens from among the seats reserved for the persons belonging to the Backward classes of citizens which shall not be less than one-third of the total number of seats for the persons belonging to the Backward Classes of citizens.]
(7) Seats shall be reserved for women in the municipality and the number of seats reserved for women shall not be less than one-third Substituted by ibid [including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes and the Backward Classes of citizens] of the total number of seats in a municipality.
Sec. 8 A Inserted by ibid.[(8) (a) The offices of the Chairpersons of the municipalities 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 all municipalities in the State as the population of the Scheduled Castes in all municipalities in the State or the Scheduled Tribes in all municipalities in the State, bears to the total population of all municipalities in the State.
(b) The offices of Chairpersons of the municipalities shall be reserved for women belonging to the Scheduled Castes and the Scheduled Tribes from among the offices reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes which shall not be less than one-third of the total number of offices reserved for the Scheduled Castes and the Scheduled Tribes.
(9) the offices of the Chairpersons of the municipalities shall be reserved for women and the number of offices reserved for women shall not be less than one-third Substituted by Tamil Nadu Act 34 of 1995 [including the number of offices reserved for women belonging to the Scheduled Castes and the Scheduled Tribes and Backward Classes of citizens], of the total number of offices of the Chairpersons of the municipalities in the State.
Substituted by Tamil Nadu Act 34 of 1995 [Provided that the offices of Chairpersons of the municipalities reserved under this section shall be allotted by rotation to different municipalities in such manner as may be prescribed.]
(10) The reservation of seats under sub-sections (5) and (6) and the reservation of offices of Chairpersons under sub-section (8) shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution.]

NOTES
S.7 " Constitution of the council " a vacancy in the office of one councilor " effect of " (1954) 1 MLJ 102.
S.7 ""Election" " Mean a valid election 21 MLJ 878; Office of one of the councilor " Vacant no bar for election of a chairman (1954) 1 MLJ 102 "

Inserted by Tamil Nadu Act XXII of 1978 [ 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 councilor;
Provided further that a person who stands for election as a councilor shall not be eligible to stand for election as chairman.
Provided also that no councilor shall be eligible to stand for election as chairman.
[Section 7-B to 7-F omitted by Tamil Nadu XXIV of 1985]

NOTES
S.7A " Senior persons filing nomination for "Chairman" and "Councilor" " Procedure " (1987) 1 MLJ 116

8. Term of Added by Act XXIII of 1978 [Chairman or ] councilors and filling up of seats " Substituted by Tamil Nadu Act X of 1968
[ (1) The term of office of Added by Act XXIII of 1978 [Chairman and ] councilors shall, save as otherwise expressly provided in this Act, be Substituted by Tamil Nadu Act IV of 1989 [five years] beginning and expiring at noon on such date as the State Government may, by notification appoint in that behalf Omitted by Tamil Nadu Act XXV of 1994.
Proviso Omitted by Tamil Nadu Act XXV of 1994
Substituted Tamil Nadu Act X of 1962 [ (2) Ordinary vacancies in the office of Added by Tamil Nadu Act XXIII of 1978 [Chairman and ] councilors shall be filled at ordinary elections which shall, Substituted by Tamil Nadu Act XXV of 1994 [ in consultation with the State Government be fixed by the State Election Commissioner[ to take place on such days within three months before the occurrence of the vacancies as he thinks fit.
Provided that the State Government may, for sufficient cause, direct or permit the holding of any ordinary election after the occurrence of the vacancy.

NOTES
S.8 (2) : - Scope of - (1970) 1 MLJ 71
Inserted by Tamil Nadu Act X of 1930[ (2-A) The elections of the Chairman may be held ordinarily at the same times and in the same places as the ordinary elections of the councilors of the municipalities.]
Inserted by Tamil Nadu Act X of 1930 [(3) Added by Tamil Nadu Act XXIII of 1978 [The chairman or] a councilor elected at an ordinary election held after the occurrence of a vacancy shall enter upon office forthwith but shall hold office only so long as be would have been entitled to hold office if he had been elected before the occurrence of the vacancy.]
Substituted for original sub-section (4) by Tamil Nadu Act X of 1962 [(4) A casual vacancy in the office of Added by Tamil Nadu Act XXIII of 1978 [the chairman or] a councilor shall be filled in casual election which shall., Substituted by Tamil Nadu Act XXV of 1994 [in consultation with the State Government be fixed by the State Election Commissioner] to take place as soon as may be after the occurrence of the vacancy;
Provided that no casual election shall be held to fill a vacancy occurring within six months before the date of retirement by efflux of time and that such vacancy shall be fixed at the next ordinary election.]
(4-A) Omitted by Tamil Nadu Act XXV of 1994
Inserted by Tamil Nadu Act X of 1930 [ (5) Added by T.N. Act XXIII of 1978 [the chairman or councilor elected] at a casual vacancy shall enter upon office forthwith but shall hold office so long only as Added by T.N. Act XXIII of 1978 [the chairman or] councilor is elected, a fresh election shall be held on such day as the Substituted by Tamil Nadu Act XXV of 1994 [State Election Commissioner] may fix

NOTES
S.9: - No councilor is elected " procedure " 53 MLJ 816;
S.9 (1) " Applicability of " 53 MLJ 816;
(2) Omitted by Tamil Nadu Act XXV of 1994
(2-A) Omitted by Tamil Nadu Act XVI of 1989
(3) The term of office of Substituted by Tamil Nadu Act XXV of 1994 [ a chairman or a councilor elected under sub-section (1) or sub-section (2) shall expire at the time at which it would have expired if he had been elected at the ordinary or casual election, as the case may be.]
Omitted by Tamil Nadu Act X of 1930 [10. ******]
Omitted by Tamil Nadu Act XV of 1933 [11.******]
Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [12. The chairman and vice-chairman of the municipality " (1) Omitted by Tamil Nadu Act XXIII of 1978
Omitted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [(2) ******]
(3) The council shall elect one of its members other than the chairman to be its vice-chairman Added by T.N. Act XVI of 1989 [and shall nominate a pane] of not more than three members any one of whom shall perform the functions of the Chairman in the absence of both the Chairman and Vice-chairman.]
Substituted by Tamil Nadu Act XXIII of 1978 [ (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 his otherwise to be the chairman.
(5) A vice-chairman shall be deemed to have vacated his office on the expiry of his term of office as a councilor or on his otherwise ceasing to be a councilor.]
Substituted by Tamil Nadu Act XVI of 1989 [(6) When the office of chairman is vacant, the vice-chairman shall perform the functions of the chairman, until a new chairman is elected and assumes office.]
Ibid [(7) When the office of chairman is vacant and there is either a vacancy in the office of vice-chairman, or the vice-chairman has been continuously absent from jurisdiction for more than fifteen days or is incapacitated, the member nominated under sub-section (3) shall, until the vice-chairman returns to jurisdiction or, as the case may be, recovers from his incapacity notwithstanding anything contained in this Act or in the rules or notifications issued thereunder, perform the functions of the chairman of the council.]

NOTES
S.12(7) " Power of Revenue Divisional Officer " meeting " convening of " (1953) 2 MLJ 293;
(8) An outgoing chairman or vice-chairman is eligible for re-election.
Explanation " [A new Chairman or Vice-Chairman shall be deemed to have assumed office on his being declared elected as such.]
Substituted by Tamil Nadu Act X of 1930 [
12-A. Procedure when no Omitted by Tamil Nadu Act XXIII of 1978 vice chairman is elected - If at an election held under section 12 Substituted by Tamil Nadu Act X of 1930 vice-chairman is elected, a fresh election shall be held.]
Inserted by Tamil Nadu Act XV of 1933 [
[12.B " Chairman, vice-chairman or councilor not to receive remuneration " vice-chairman or councilor shall receive or be paid, from the funds at the disposal of or under the control of the council, any salary or other remuneration for services rendered by him in any capacity whatsoever.]
Substituted by Tamil Nadu Act XXXI of 1955 [
12.C " Commissioners - (1) A commissioner shall be appointed by the State Government in the case of each municipality included in Schedule IX and in the case of any other municipality notified by the State Government in this behalf. Every notification issued under this sub-section shall specify the reasons therefore.
(2) The Commissioner shall be a whole time officer of the municipality and shall not undertake any work unconnected with his office without the sanction of the municipal council and the State Government.
(3) The State Government may recover from the municipal council concerned the whole of the salary and allowances paid to any commissioner appointed under sub-section (1), and such contribution towards his leave allowances, pension and provident fund as the State Government may, by general or special order, determine.
(4) The State Government shall have power to regulate the methods of recruitment, conditions of service, pay and allowances and discipline and conduct of the Commissioners appointed under sub-section (1).]

Functions of the several authorities

Substituted by Tamil Nadu District Municipalities (Amendment) Act 1933 (Tamil Nadu Act XV of 1933) [The chairman and the executive authority]
Substituted by Tamil Nadu District Municipalities (Amendment) Act 1933 (Tamil Nadu Act XV of 1933) [
13. Functions of the chairman " The Chairman of the municipal council shall "
(a) make arrangements for the election of the vice-chairman;
(b) convene the meetings of the council and
(c) perform all the duties and exercise all the powers specifically imposed or conferred on the chairman by this Act.]

NOTES
S.13 " Functions of Chairman " 44 MLJ 69
S.13 " (a) Power of Commissioner to suspend resolution (1960), 1 MLJ 398
Substituted by Tamil Nadu District Municipalities (Amendment) Act 1933 (Tamil Nadu Act XV of 1933) [
13-A. Functions of the executive authority - The executive authority of the municipal council shall "
(a) carry into effect the resolutions of the council;
(b) furnish to the council such periodical reports regarding the progress made in carrying out the resolutions of that body in the collection of taxes as the council may direct and
(c) perform all the duties and exercise all the powers specifically imposed or conferred on the executive authority by this Act and subject, whenever it is hereinafter expressly so provided to the sanction of the council, and subject to all other restrictions, limitations and conditions hereinafter imposed, exercise the executive powers for the purpose of carrying out the provisions of this Act and be directly responsible for the due fulfillment of the purposes of this Act.]
Substituted by Tamil Nadu Act XXIII of 1978[
13-B. Rights of chairman where a commissioner has been appointed - In the case of municipalities included in Schedule IX or notified under sub-section (1) of section 12-C the chairman shall have full access to all the records of the municipality council and no official correspondence between the council and the Substituted by the Adaptation order of 1937 and by the Adaptation order of 1950 [state Government] shall be conducted except through the chairman. The chairman shall be bound to transmit communications addressed through him by the commissioner to the Substituted by the Adaptation order of 1937 and by the Adaptation order of 1950 [state Government] to the commissioner.]

Substituted by Tamil Nadu Act XXIII of 1978 [ 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.

15. Emergency powers of executive authority "
The Substituted by Tamil Nadu Act XV of 1933 [executive authority] may in cases of emergency direct the execution of any work or the doing of any act which would ordinarily require the sanction of the council, and the immediate execution or doing of which is, in his opinion, necessary for the service or safety of the public and may direct that the expense of executing such work or doing such act shall be paid from the municipal fund;
Provided that "
(a) he shall not act under this section in contravention of any order of the council prohibiting the execution of any particular acts, and
(b) he shall report the action taken under this section and the reasons therefore to the council at its next meeting.

Inserted by Tamil Nadu Act IX of 1948 [16. Power of executive authority to incur petty contingent expenditure
" The executive authority may, without the sanction of the council, incur petty contingent expenditure incidental to the municipal administration, not exceeding Substituted by Tamil Nadu Act IX of 1948 [fifty rupees] in each case;
Provided that "
(a) provision to meet the expenditure is available under the relevant head of account in the budget framed by the council, with the modifications, if any, made therein by the Substituted by the Adaptation order of 1950[State Government] and
(b) the executive authority shall report any expenditure incurred under this section and the reasons therefore to the council at its next meeting.

17. Omitted by Tamil Nadu Act of 1930

Substituted by ibid [ 18. Delegation and devolution of functions of Chairman -
(1) The chairman may by an order in writing, delegate Substituted by Tamil Nadu Act XV of 1933 [ any of his functions Omitted by Tamil Nadu Act XXIII of 1978 to the vice-chairman.
Provided that he shall not delegate any functions which the municipal council expressly forbids him to delegate.
(2) If the chairman has been continuously absent form jurisdiction for more than fifteen days or is incapacitated, his functions Omitted by Tamil Nadu Act XXIII of 1978 shall, during such absence or incapacity, devolve on the vice-chairman.
Provided that where the absence from jurisdiction of the chairman is within the Substituted by Tamil Nadu A.O. 1970 [State of Tamil Nadu ] and is on business connected with the municipality, the chairman's functions shall not, except to the extent, if any, to which functions have been delegated by him under sub-section (1), devolve on the vice-chairman.
Omitted by Tamil Nadu Act XVI of 1989.
(3) If the vice-chairman also has been continuously absent from jurisdiction for more than fifteen days or is incapacitated or if the office of vice-chairman is vacant, the chairman may, by an order in writing, delegate any of his functions Omitted by Tamil Nadu Act XXIII of 1978 to any council or who shall be styled ˜chairman-delegate' during the period of delegation;
Provided that "
(i) when an order of delegation made under this sub-section is in force, no further order of delegation of any functions shall be made in favour of any other than the councilor in whose favour the order in force was made;
(ii) no delegation under this sub-section shall, without the special sanction of the council, be made for any period exceeding in the aggregate Substituted by Tamil Nadu Act XV of 1933[ninety days in any year]; and
(iii) every order made under this sub-section shall be communicated forthwith to the council and to the district collector.
(4) Omitted by Tamil Act XXIII of 1978
(5) The exercise or discharge of any functions delegated under sub-sections Substituted by Tamil Nadu Act XXIII of 1978[ (1) and (3)] shall be subject to such restrictions, limitations and conditions, if any, as may be laid down by the chairman and shall also be subject to his control and revision. The chairman shall also have power to control and revise the exercise or discharge of any functions devolving on the vice-chairman under sub-section (2).]

NOTES
S. 18 " Chairman ˜includes' Chairman ˜delegate' when made under section 32 1920 MWN 648.

Inserted by Tamil Nadu Act XV of 1933 [ 18-A. Rights and duties of commissioner "
(1) (a) The commissioner shall have the right to attend the meetings of the council or any committee thereof, and take part in the discussions thereat but shall not have the right to move any resolution or to vote.
(b) He shall attend any meeting of the council or of any committee if required to do so by the Chairman.
(2) In the case of municipalities included in Schedule IX or notified under sub-section (1) of section 12-C the officers and servants of the municipal council shall be subordinate to the commissioner.
(3) Subject to any directions given or restrictions imposed by the Substituted by the Adaptation order of 1937and by the Adaptation order of 1950 [State Government] or the municipal council, the commissioner may, by order in writing delegate any of his functions to any officer or servant of the council or to any Substituted by the Adaptation order of 1937 and by the Adaptation order of 1950 [servant of the Government]. The exercise or discharge of any functions so delegated shall be subject to such restrictions, limitations and conditions as may be laid down by the commissioner and shall also be subject to his control and revisions.]
The council

19. Functions of the council
" Subject to the provisions of the Act the municipal administration shall vest in the council, but the council shall not be entitled to exercise functions expressly assigned by or under this Act or any other law to the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [Chairman or executive authority .]

NOTES
S.19- Functions of Municipal council " Interference form court " when can " 35 MLJ 251;

20. Duties and powers of individual councilors "
(1) Any councilor may call the attention of the Substituted by Section 17 (1), ibid [executive authority] to any neglect in the execution of municipal work, to any waste of municipal property, or to the wants of any locality and may suggest any improvements which may appear desirable.
(2) Every councilor shall have the right to move resolution Inserted by Tamil Nadu Act X of 1930[and] to interpellate the chairman on matters connected with the municipal administration subject to such regulations as may be framed by the council.
(3) Every councilor shall have access during office hours to the records of the council after giving due notice to the Substituted by Tamil Nadu Act XV of 1933 [executive authority] provided that the Substituted by Section 17(1), ibid [Executive authority] may for reasons given in writing forbid such access.

21. Council's powers to call for record. -
The council may at any time require the Substituted by Tamil Nadu Act XV of 1933 [executive authority] to produce any Omitted by Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) document which is in his custody.
The Substituted by Tamil Nadu Act XV of 1933 [ Executive Authority] shall comply with every such requisition unless in his opinion immediate compliance therewith would be prejudicial to the interest of the council or of the public, in which case he shall make a declaration in writing to that effect and shall, if required by the council, refer the question to the district collector, whose decision shall be final.

22. Obligation of the executive authority to carry out council's resolution "
The Substituted by Tamil Nadu Act XV of 1933 [ Executive Authority] shall be bound to give effect to every resolution of the council unless such resolution is modified, suspended or cancelled by a controlling authority.

Substituted by Tamil Nadu Act X of 1930 [ 23. Appointment of committees -
A council may constitute committees for the purpose of exercising such powers, discharging such duties or performing such functions as it may delegate to them; or may appoint individual councilors, or committees to enquire into and report or advise on any matter which it may refer to them.]
Proviso added by Tamil Nadu Act XV of 1987 [ Provided that nothing contained in this Section shall apply to the Taxation Appeals Committee referred to in section 23-A]

Substituted by Tamil Nadu Act XVI of 1989 [ 23-A. Taxation Appeals Committee - Notwithstanding anything in this Act "
(1) for every Municipality, there shall be taxation Appeals Committee which shall consist of the Chairman of the Municipal Council who shall also be the Chairman of the Taxation Appeals Committee and four councilors elected by the council;
(2) the business of the Taxation Appeals Committee shall be transacted in accordance with the rules made by the State Government in this behalf.]

NOTES
S.23 " Delegation " Acts binding on the council " (1951) 1 MLJ 453

24. Appointment of special committees -
It shall be lawful for the council from time to time by a resolution supported by not less than one-half of the sanctioned strength of the council to appoint as members of any committee any persons Omitted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) who are not councilors but who may in the opinion of such council possess special qualifications for serving on such committee. But the number of persons so appointed on any committee shall not exceed one-third of the total number of members of such committee. All the provisions of this Act relating to the duties, powers, liabilities and disqualification and disabilities of councilors shall, save as regards the disqualification on the ground of Substituted by section 20 (ii) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)[residence] be applicable, so far as may be to such person;
Proviso added by Tamil Nadu Act XV of 1987 [ Provided that nothing contained in this section shall apply to the Taxation Appeals Committee referred to in Section 23-A]

Inserted by Tamil Nadu Act XXV of 1994
[
24-A . Preparation of development plan. - There shall be prepared every year a development plan for the municipality and the panchayat town and submitted to the District Planning Committee constituted under Section 241 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) having jurisdiction over the municipality or the town panchayat.]

Inserted by Tamil Nadu Act XXV of 1994 [24-B. Wards Committee -
(1) There shall be constituted by the State Government, a Wards Committee or Committees consisting of one or more wards within the territorial area of the municipality having a population of three lakhs or more.
(2) Each Wards Committee shall consist of "
(a) all the Councilors of the municipality representing the wards within the territorial area of the Wards Committee;
(b) the person, if any, nominated by the State Government under clause (a) of sub-section (3) of section 7, if his name is registered as an elector within the territorial area of the Wards Committee.
(3) Where Wards Committee consists of "
(a) one ward, the councilor representing that ward in the municipality; or
(b) two or more wards, one of the councilors representing such wards in the municipality elected by the members of the Wards Committee.
Shall be the Chair " person of that Committee
(4) The chair-person shall vacate office as soon as he ceases to be a councilor.
(5) In the event of the office of the Chair-person falling vacant before the expiry of his term, the Wards Committee shall, as soon as may be, after the occurrence of the vacancy, elect a new Chair-person in accordance with sub-section (3);
Provided that a Chair-person so elected shall hold office only so long as the person in whose place he is elected would have held it if such vacancy had not occurred.
(6) The duration of the Wards Committee shall be co-extensive with the duration of the municipality;
(7) The functions and duties of the Wards Committee, and the procedures to be adopted by such committee for transaction of its business shall be such as may be prescribed.]

25. Rules and regulations for proceedings of council "
The council shall observe the rules in Schedule III and make Omitted by the Tamil Nadu Act X of 1930 regulations not inconsistent therewith or with other provisions of this Act or any rules made by the Substituted by the Adaptation Order of 1937 and by the Adaptation order of 1950 [State Government] in regard to the following matters;
(a) the time and place of its meetings;
(b) the manner in which notice thereof shall be given;
Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [ (c) the preservation of order and the conduct of proceedings at meetings, and the powers, which the chairman may exercise for the purpose of enforcing his decisions on points of order.]
(d) the division of duties among the members of the council;
Substituted by Tamil Nadu Act X of 1930 [ (e) the constitution and procedure of committees;]
Inserted as Clause (f) by Section 21 (iv), ibid (f) the delegation of its power, duties or functions "
(i) to the chairman, a councilor an officer or servant of the council or Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950[a servant of the Government]; or
(ii) to a committee constituted under clause (e) or to its chairman or to any one or more of its members];
Substituted by Tamil Nadu Act X of 1930 [(g) the persons by whom receipts may be granted for money paid to the council; and
Substituted by ibid [(h) all other similar matters
Substituted by Tamil Nadu Act X of 1930 [
26. Appointment of joint committee - (1) The council may, and if so required by the Substituted by the Adaptation order of 1937 and by the Adaptation order of 1950 [State Government], shall, join with one, or more than one, other local authority in constituting a joint committee for any purpose in which they are jointly interested or for any matter for which they are jointly responsible.]
(2) A joint committee may include persons who are not members of the local authorities concerned by who may in their opinion possess special qualifications or special interest for serving on such committee.
Provided that the number of such persons shall not exceed one-third of the total number of members of the joint committee.
(3) The constitution of a joint committee shall be by means of regulations of which shall not, except in the cases referred to in sub-sections (6) and (7), have effect unless assented to by each of the local authorities concerned.
(4) the regulations shall determine "
(a) the total number of members of the joint committee;
(b) the number who shall be members of the local authorities concerned and the number who may be outsiders;
(C) the person who shall be members of the joint committee or the manner in which they shall be elected or appointed;
(d) the person who shall be chairman of the joint committee or the manner in which he shall be elected or appointed;
(e) the term of office of members and chairman;
(f) the powers, being powers exercisable by one or more of the local authorities concerned, which may be exercised by the joint committee; and
(g) the procedure of the joint committee.
(5) Regulations made under sub-sections (3) and (4) may be varied or revoked provided that all the local authorities concerned assent to such variation or revocation.
(6) If the Substituted by the Adaptation order of 1950 [state government] take action under sub-section (1), they may issue such directions as they think necessary or desirable in respect of all or any of the matters referred to in sub-section (3) and (4).
(7) If any difference of opinion arises between local authorities under any of the foregoing provisions of this section, it shall be referred to the Substituted by the Adaptation order of 1950 [state government] whose decision shall be final]
Inserted by the Adaptation Order of 1937 [ (8) The powers of the Substituted by the Adaptation order of 1950 [state government] under this section shall, where one of the local authorities concerned is a cantonment authority or the port authority of a major port, only be exercisable with the concurrence of the Central Government.]

27. Notification of election - All elections Omitted by Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) of chairman, vice-chairman and members of municipal councils shall be notified in the Substituted by Adaptation order of 1937 [Official gazette.]

28. Presidency of council - Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [(1) Every meeting of the council shall be presided over by the chairman, in his absence by the vice-chairman; and in the absence of both the chairman and the vice-chairman, Substituted by Tamil Nadu Act XXV of 1994 [ the councilors and "
(a) in the case of town panchayats, the persons referred to in clauses (b) and (c) of sub-section (2) of Section 3C; and
(b) in the case of municipalities the persons referred to in clauses (b) and (C) of sub-section (3) of section 7, shall elect one form among the councilors to preside for the occasion.
(2) The chairman shall preserve order and shall decide all points of order arising at or in connexion with meetings. There shall be no discussion on any point of order and the decision of the chairman on any point of order shall, save as is otherwise expressly provided in this Act, be final.
(3) A vice-chairman or councilor presiding for the occasion shall, for that meeting Inserted by Tamil Nadu Act X of 1930[and during the period that the period that he presides over it], have all the powers of the chairman.

NOTES
S.28 " Presidency of council " "Chairman" " whether includes "Chairman Delegate" " 44 MLJ 69;

29. Omitted by ibid

30. Added by Tamil Nadu Act XXIII of 1978 [chairman and ] councilor when to abstain from taking part in discussion and voting -
(1) No Added by Tamil Nadu Act XXIII of 1978 [chairman or ] councilor shall vote on, or take part in the discussion of any question coming up for consideration at a meeting of the council or any committee, if the question is one in which, apart from its general application to the public, he has any direct or indirect pecuniary interest by himself or his partner.
(2) The Chairman may prohibit any council or from voting or taking part in the discussion of any matter in which he believes Substituted by Tamil Nadu Act X of 1930 [such councilor] to have such interest, or he may require Substituted by Tamil Nadu Act X of 1930 [such councilor], to absent himself during the discussion.
(3) Substituted by Tamil Nadu Act X of 1930 [such councilor] may challenge the decision of the chairman, who shall thereupon put the question to the meeting. The decision of the meeting shall be final.
(4) If the chairman is believed, by any councilor present at the meeting to have any such pecuniary interest in any matter under discussion, he may, if a motion to that effect be carried, be required to absent himself from the meeting during such discussion.
Inserted by ibid [(5) The councilor concerned shall not be entitled to vote on the question referred to in sub-section (3), and the chairman concerned shall not be entitled to vote on the motion referred to in sub-section (4)]
Explanation renumbered as Explanation I and Explanation II added by Tamil Nadu Act XXV of 1994 or councilor, presiding, for the occasion.
Explanation II " ˜Councilor' in this section shall include "
(a) in the case of town Panchayats, the persons referred to in clauses (b) and (c) of sub-section (2) of section 3c; and
(b) in the case of municipalities , the persons referred to in clauses (b) and (c) of sub-section (3) of section 7.]

Sec. 31, subs by T.N. Act XXIII of 1978 [ 31. Power of chairman, vice-chairman or councilor to resign "
Any councilor or vice-chairman may resign his office by giving notice to the chairman; the chairman may resign his office by giving notice to the Commissioner. Such resignation shall take effect in the case of a councilor or vice-chairman form the date on which it is received by the chairman and in the case of a chairman from the date on which it is received by the commissioner.]

NOTES
S,31 " Chairman " Vice Chairman " Councillor " resignation of " How effected " 90 LW 104 ; 1975 TLNJ 245 confirmed in 1975 TLNJ 411 (DB)
Substituted by section 28 of Tamil Nadu Act X of 1930 [
32. Act of municipal council etc., not to be invalidated by informality, etc. " No act of a municipal council or of a committee thereof or of any person acting as chairman, vice-chairman or member of the municipal council or committee shall be deemed to be invalid by reason only of a defect in the establishment of the municipality or committee or on the ground that the chairman, vice-chairman or any member of the council or committee was not entitled to hold or continue in such office by reason of any disqualification or by reason of any irregularity or illegality in his election or appointment or by reason of such act having been done during the period of any vacancy in the office of chairman, vice-chairman or member of the council or committee.]
Administration report

33. Annual administration report "
(1) As soon as may be after the first day of April in every year, and not later than such date as may be fixed by the Substituted by the Adaptation order of 1937 and by the Adaptation Order of 1950 [State Government] the municipal council shall . to the State Government through the district collector a report on the administration during the preceding year in such form and with such details as the Substituted by the Adaptation order of 1937 and by the Adaptation Order of 1950 [State Government] may direct. If the district collector makes any remarks on the report, such remarks shall be forwarded to the Council, and the council shall be entitled within such time as the Substituted by the Adaptation order of 1937 and by the Adaptation Order of 1950 [State Government] may Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1930(Tamil Nadu Act X of 1930) [fix] to offer or make such explanations or observations as the council thinks fit.
(2) the Substituted by Tamil Nadu Act XIV of 1933 [executive authority] shall prepare the report; the municipal council shall consider his report and forward it to the Substituted by the Adaptation order of 1937 and by the Adaptation Order of 1950 [State Government] with its resolutions thereon if any,
(3) The report Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [and the resolutions thereon, if any], shall be published in such manner as the council, subject to the approval of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [State Government] may direct.
Controlling Authorities

34. Power of State Government and Collector for purposes of control -
(1) The district Collector may enter on and inspect, or cause to be entered on and inspected, any immovable property or any work in progress under the control of any municipal authority in his district.
(2) the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government] or the district collector may "
(a) call for any Omitted by the Tamil Nadu District Municipalities (Amendment) Act 1930 (Tamil Nadu Act X of 1930) document in the possession or under the control of any substituted ibid [council or substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XIV of 1933) (executive authority)] to furnish any return, plan estimate, statement, account or statistics;
(b) require any council substituted ibid [council or substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XIV of 1933) (executive authority)] to furnish Inserted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [any] information or report on any municipal matter;
(d) record in writing, for the consideration of the council substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XIV of 1933) (executive authority)] any observation Inserted by Tamil Nadu Act X of 1930 [they or he may] think proper in regard to its Inserted by Tamil Nadu Act X of 1930 [or his] proceedings or duties.

35. Collectors power to enforce execution of resolutions -
If it appears to the district collector that the substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XIV of 1933) (executive authority)] a reasonable opportunity of explanation, shall send a report thereon together with explanation, if any , of the substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XIV of 1933) (executive authority)] to the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government] and at the same time forward a copy of the same to the council.
Substituted by the Tamil Nadu District Municipalities (Amendment) Act 1930 (Tamil Nadu Act X of 1930)
36. Power to suspend or cancel resolutions, etc., under Act. " (1) The Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government] may, by order in writing "
(i) suspend or cancel any resolution passed, order issued, or licence or permission granted or
(ii) prohibit the doing of any act which is about to be done or is being done in pursuance or under colour of this Act, if, in their opinion.
(a) such resolution, order, licence. Permission or act has not been legally passed, issued, granted or authorized, or
(b) such resolution, order, licence, permission or act is in excess of the powers conferred by this Act or any other law, or
(c) the execution of such resolution or order, the continuance in force of such licence or permission or the doing of such act is likely to cause danger to human life, health or safety, or is likely to lead to a riot or an affray;
Provided that the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government] shall before taking action under this section on any of the grounds referred to in clauses (a) and (b) give the authority or person concerned an opportunity for explanation.
The proviso was added by Tamil Nadu Act XXXVIII of 1942, re-enacted permanently with specified modifications by section 3 of, and the Schedule to the Tamil Nadu Re-enacting (No.III) Act, 1948 (Tamil Nadu Act III of 1949) [Provided further that nothing in this Sub-section shall enable the substituted by the Adaptation Order, 1950 [State] Government to set aside any election which has been held.]
(2) If, in the opinion of the District Collector, immediate action is necessary on any of the grounds referred to in clause (C) of sub-section (1) he may suspend the resolution, order, licence, permission or act, as the case may be, and report to the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government] who may thereon either rescind the collector's order or after giving the authority or person concerned a reasonable opportunity of explanation; direct that it continues in force with or without modification permanently or for such period as they think fit.]

NOTES
S.36 " Resolution " power to suspend or cancel " Extent of 1960 Ker L.T. 243;

37. Emergency powers of collector
" (1) The District Collector may, in cases of emergency, direct or provide for the execution of any work, or the doing of any act which the council or Substituted by Tamil Nadu Act XV of 1933 [executives authority] is empowered to execute or to do, and the immediate execution or the doing of which is, in his opinion, necessary for the safety of the public and may direct that the expense of executing such work or doing such act incurred as the emergency may require shall be paid from the municipal fund.
(2) If the expense is not so paid, such collector may make an order directing the person having the custody of the municipal fund to pay it in priority to any other charge against the fund.
(3) Such person shall, so far as the funds to the credit of the municipal council admit, be bound to comply with such order.
(4) Every case in which the powers conferred by this section are exercised shall be forthwith reported to the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government] by the District Collector with the reasons in full for the exercise of such powers; and a copy of the letter shall at the same time be sent to the municipal council for information.

38. State Government's power to appoint officers to supervise municipalities -
(1) The Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government] may appoint such officers as may be required for the purpose of inspecting or superintending the operations of all or any of the municipal councils established under this Act.
(2) All schools, hospitals, dispensaries, vaccine stations, choultries and other institutions maintained by any municipal council and all Omitted by the Tamil Nadu Act X of 1930 documents relating thereto shall at all time be open to the inspection of such officers as the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government] may appoint in that behalf.
(3) Municipal authorities and municipal officers and servants shall be bound to afford to inspecting or superintending officers Omitted by the Adaptation Order of 1937 appointed under this section such access at all reasonable times to municipal property or premises, and to all Omitted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) documents which, subject to any rules framed for their guidance under section 303 (1) and (2) (k) they may consider to be necessary to enable them to discharge their duties of inspection or superintendence.
Inserted by the Tamil Nadu District Municipalities and Local Bodies (Amendment) Act, 1938 (Tamil Nadu Act XVIII of 1938) [
38-A. Control over municipal electrical undertakings - The administration by a municipal council of any undertaking for the generation, transmission, supply or use of electrical energy shall be subject to such control as may be prescribed, not inconsistent with the Indian Electricity Act, 1910, as in force for the time being, the rules made under that Act, and term of the licence granted under it to the municipal council.]

39. State Government's power to undertake works for, or to take action in default of a municipality -
(1) If at any time it appears to the Substituted by Adaptation Order of 1937 [State Government] that a municipal council, Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [chairman or executive authority] has made default in performing any duty imposed by or under this or any other Act, they may, by order in writing, fix a period for the performance of such duty.
(2) If such duty is not performed within the period so fixed, the Substituted by Adaptation Order of 1937 [ State Government] may appoint some person to perform it, and may direct that the expense of performing it shall be paid, within such time Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act X of 1933[ as they may fix, to such person by the municipal council.
(3) The Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government] may, with the consent of the municipal council, undertake on its behalf the construction of water supply, drainage or other works, appoint persons to carry out the construction of such works, and direct that the expense, including the pay of such persons be paid from the municipal fund.
(4) If expenses which the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government] Subs. By Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [have directed] under sub-section (2) or (3) to be paid from the municipal fund are not so paid, the district collector, with the previous sanction of the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government] may make an order directing the person having the custody of the municipal fund to pay it in priority to any other charge against such fund except charges for the service of authorized loans.
(5) Such persons shall, so far as the funds to the credit of the municipal council admit, be bound to comply with such order.
Inserted by Tamil Nadu Act XXXIII of 1978[(6) If on a representation in writing made by the Chairman, the State Government are satisfied that due to the non-co-operation of the councilors with the chairman, the municipal council is not able to function, the State Government may, by notification, authorize the chairman to perform, subject to the control of the State Government or any officer authorized by the State Government in this behalf, such of the duties imposed upon the municipal council by law and for such period not exceeding six months as may be specified in such notification. During the period for which the chairman is so authorized, there shall be no meeting of the municipal council.]

Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930
[
40. State Government to remove Omitted by Tamil Nadu Act XXIII of 1978 Vice-Chairman " (1) Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government] may, by notification, remove any Omitted by Tamil Nadu Act XXIII of 1978 vice-chairman, who in their opinion willfully omits or refuses to carry out or disobeys the provisions of this Act or any rules, by-laws, regulations or lawful order issued thereunder or abuses the powers vested in him.]
(2) The Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government] shall, when they propose to take action under sub-section (1), give the any Omitted by Tamil Nadu Act XXIII of 1978 vice-chairman, concerned an opportunity for explanation, and the notification issued under the said sub-section shall contain a statement of the reasons of the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government] for the action taken].
Added by the Tamil Nadu District Municipalities (Amendment) Act, 1939 (Tamil Nadu Act XI of 1939 [(3) Substituted by Tamil Nadu Act XXIII of 1978 [Any person removed under sub-section (1) from the office of vice-chairman shall not be eligible for election to the said office ] until the date on which notice of the next ordinary elections to the municipal council is published in the prescribed manner, or the expiry of Substituted by Tamil Nadu Act XXIII of 1978[one year from the date specified in such notification.)]

NOTES
S.40 " Vice Chairman " Removal of " Power of Government " High court " Interference " Power under Art 226 of the Constitution " AIR 1951 Mad 208;

Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu X of 1930 [ Substituted by the Tamil Nadu District Municipalities (Second Amendment) Act, 1933 (Tamil Nadu Act IV of 1933) (40-A. Motion of no-confidence in Omitted by Tamil Nadu Act XXIII of 1978 vice " chairman "
(1) Subject to the provisions of this Section, a motion expressing want of confidence in the Omitted by Tamil Nadu Act XXIII of 1978 vice " chairman 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 Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950. [State Government], signed by such number of councilors 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 by any two of the councilors, signing the notice in person together, to the Substituted by Tamil Nadu Act XXIII of 1978 [Regional Inspector of Municipalities] under sub-section (5)
(5) If the Substituted by Tamil Nadu Act XXIII of 1978 [Regional Inspector of Municipalities] 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 councilors of the time appointed for the adjourned meeting.
(6) Save as provided in sub-section (4) and (5) a meeting convened for the purpose of considering a motion under this section, shall not for any reason is adjourned.
(7) As soon as the meeting convened under this section has commenced, the Substituted by Tamil Nadu Act XXIII of 1978[Regional Inspector of Municipalities] 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 shall be adjourned.
(9) Such debate shall automatically terminate on the expiry of two hours from the time appointed for commencement of the meeting, if it is not concluded 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 Substituted by Tamil Nadu Act XXIII of 1978 [Regional Inspector of Municipalities] 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 Substituted by Tamil Nadu Act XXIII of 1978 [Regional Inspector of Municipalities] to the substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950[State Government].
(12) If the motion is carried with the support of not less than three-fifths of the sanctioned strength of the council, the substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950[State Government], shall by notification, remove the Substituted by Tamil Nadu Act XXIII of 1978[vice-chairman].
(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 Omitted, ibid vice chairman shall be received until after the expiry of six months from the date of the meeting.
(14) No notice of a motion under this section shall be received within six months of the assumption of office by a Substituted by Tamil Nadu Act XXIII of 1978 [vice chairman]

NOTES
S.40 " A: Convening a meeting " No confidence motion " 31 MLJ 634; (1962) 1 MLJ 388;

Inserted , ibid " [40-B. Removal of Chairman -
(1) The councilors constituting one-third of the sanctioned strength of the council may, by written notice, presented by any two of them, to the Regional Inspector of Municipalities (hereinafter in this section referred to as Regional Inspector), 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 Inspector 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 Inspector. The motion shall be deemed to have been passed by the council if two-thirds of sanctioned strength of the council present and voting, is in favour of it; and if it is not passed by two-thirds 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 councilors by the Regional Inspector at least three days before the date of the meeting.
(3) The Regional Inspector shall preside at the meeting convened under this section and no other person shall preside threat. If, within half an hour, appointed for the meeting, the Regional Inspector 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 councilors by the Regional Inspector under sub-section (4).
(4) If the Regional Inspector 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 be not later than seven days from the date appointed for the meeting under sub-section (). Notice of not less than three clear days shall be given to the chairman and the councilors, 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 Inspector shall read to the council the notice for the consideration of which it has been convened.
(7) The Regional Inspector shall not speak on the merits of the notice, nor shall he be entitled to vote at the meeting.
(8) The view 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 Inspector to the State Government through the Inspector of Municipalities.
(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 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 specified date, or if the explanation received within such date is not satisfactory, the State Government may pass order removing the chairman. The orders of the State Government removing the chairman from office shall be final. The order 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).]

Inserted by Tamil Nadu Act XVI of 1987, but repealed by XVI of 1989. However S.40 "C will not be wiped out from the statute, by effect of this " [Refer Sec. 8 "A of T.N. General Clauses Act I of 18891] [ 40-C. Special provision for recall of Chairman or councilor by voters in a referendum to be held "
(1) Notwithstanding anything contained in this Act or in any other law for the time being in force, if a representation in writing signed by not less than one-fourth of the voters in any municipality in the case of a chairman, and one-fourth of the voters in the ward of such municipality in the case of any councilor, alleging that the chairman or, as the case may be, the councilor, is corrupt or has otherwise abused his position as chairman or councilor and that he should be recalled, is presented to the election authority, such election authority shall verify the genuineness of the signatures in the said representation within such time as may be prescribed. The said representation shall contain the ground on the basis of which the allegation as aforesaid is made and shall be in such form as may be prescribed.
Provided that the verification of the genuiness of the signatures shall not be less than one percent of the total signature in the representation.
Provided further that no such representation shall be entertained if it is made either within one year from, the commencement of, or before six months of the expiry of office of such chairman or councilor.
Explanation I " For the purpose of this section, the expression "voters" shall mean those persons who were under sub-section (6) of section 44 entitled to vote on the date of the election in which the chairman or the councilor aforesaid was declared elected.
Explanation II " For the purpose of this section the "election authority" shall mean an officer of the Municipal Administration Department not below the rank of Regional Director of Municipal Administration, specially empowered by the State Government in this behalf.
(2) On receipt of the representation and after verification of the signature under sub-section (1), the election authority shall make an enquiry in such manner as may be prescribed . If one such enquiry the election authority is satisfied, that the allegation is substantially true, the election authority shall hold a referendum for decision whether such chairman or councilor should be recalled or not from his office.
Provided that in such enquiry the chairman or as the case may be, the councilor, shall be given a reasonable opportunity of being heard.
(3) If in such referendum the majority of the voters who have actually exercised their votes, favours the recall of chairman, or , as the case may be , the councilor, the election authority shall declare that the chairman, or, as the case may be, the councilor stands recalled and thereupon the office of the chairman, or, as the case may be, the councilor, shall become vacant. If the majority of the voters who have actually exercised their votes do not favour the recall of the Chairman, or, as the case may be, the councilor, then, the chairman or the councilor, shall continue in office and the election authority shall make a declaration accordingly.
(4) The referendum held in respect of such chairman or councilor, shall be final and no further referendum in respect of such chairman or councilor shall be held during the remainder of the term of his office.
(5) The declaration made under sub-section (3) shall be final and no such declaration shall be liable to be questioned in any court of law and no court shall grant any permanent or temporary injunction or make any order restraining any proceeding which is being or about to be taken under this section.
(6) The chairman or the councilor who stands recalled under this section shall not be eligible for election to the office of such chairman or councilor for a period of six years from the date of such declaration under sub-section (3)
(7) The State Government may make rules for the purpose of giving effect to the provisions of this section including the manner of holding the referendum.]

41. State Government's power to dissolve Omitted by Tamil Nadu Act XXV of 1994 Council "
Substituted by ibid (1) If, in the opinion of the State Government, the municipality is not competent to perform or persistently makes default in performing the duties imposed on it by law or exceeds or abuses its powers, the State " Government may, by notification "
(a) Dissolve the Municipality form a specified date ; and
(b) Direct that the Municipality be reconstituted with effect from a date which shall not be later than six months from the date of dissolution .]
Inserted by Tamil Nadu Act X of 1930 [ 1-A. Before publishing a notification under sub-section (1) the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [ State Government ] shall communicate to the council concerned the grounds on which they propose to do so, fix a reasonable period for the council to show cause against the proposal and consider its explanations or objections, if any;]
Provided that where a council has disobeyed an order issued under Section 36, the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government] shall not be bound to follow the procedure laid down in this sub-section.]
Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [ (2) On the date fixed for the dissolution of the council under sub-section (1), all its members as well as its chairman and vice-chairman shall forthwith be deemed to have vacated their offices Added by Tamil Nadu Act XXV of 1994 [ and the persons referred to in sub-section (2) of section 3-C or sub-section (3) of section 7 , as the case may be , shall cease to be represented in the Council] and fresh elections shall be held in accordance with the provisions of this Act Omitted by Tamil Nadu Act X of 1968.
(3) Substituted by Tamil Nadu Act XXV of 1994 [Dissolution shall take effect from noon on the date of publication of the notification, if no date is therein specified, and thereupon the following consequences shall ensue;
(a) All the members of the council as well as Substituted by the Tamil Nadu Act X of 1930 [ its chairman and vice-chairman shall forthwith be deemed to have vacated their offices.]
(b) All or any of the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [functions of the council and of its chairman, Omitted by Tamil Nadu Act XXIII of 1978 may, during the period of Substituted by Tamil Nadu Act XXIII of 1978 [dissolution] be exercised and performed, as far as may be, and to such extent as the Substituted by the Adaptation Order 1937 and by Adaptation Order of 1950 [State Government] may determine, by such persons as the Substituted by the Adaptation Order 1937 and by Adaptation Order of 1950 [State Government] Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [appoint] in that behalf and any such person who is not a district collector or Revenue Divisional Officer may, if the e Substituted by the Adaptation Order 1937 and by Adaptation Order of 1950 [State Government] Substituted by ibid [so direct], receive, [payment for his services from the municipal fund, the Substituted by the Adaptation Order 1937 and by Adaptation Order of 1950 [State Government]may determine the relations of such person with the municipal secretary (if any) with the district controlling officers and Substituted by ibid [with themselves]; and where there is a Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [Commissioner] the Substituted by the Adaptation Order 1937 and by Adaptation Order of 1950 [State Government] may direct him to exercise and perform any powers and duties of the council in addition to his own.
Omitted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [c]
Substituted by Tamil Nadu Act XXV of 1994 [(4) An election to reconstitute a municipal council shall be completed, before the expiration of the period of six months from the date of dissolution;
Provided that where the remainder of the period for which the dissolved municipal council would have continued is less than six months, it shall not be necessary to hold any election under this sub-section for constituting the municipal council for such period.
(5) All the newly elected councilors of the re-constituted municipality shall enter upon their officers on the date fixed for its reconstitution and they shall hold their offices only for the remainder of the period for which the dissolved municipality would have continued, had it not been so dissolved.]
Added by Tamil Nadu Act X of 1930 [(6) when a council is dissolved Omitted by Tamil Nadu Act XXV of 1994 under this section , the Adaptation Order of 1937 and 1950 [State Government] until the date of the reconstitution thereof and the constituted council thereafter shall be entitled to all the assets and be subject to all the liabilities of the council as on the date of the dissolution or super session and on the date of the reconstitution respectively.]

NOTES
S.41: - Function of municipal council " when S.41 (1) to be invoked " (1967) 1 MLJ 47;
S.41 (1) "˜Persistently' meaning of (1967) 1 MLJ 47;

42. Powers of officers acting for, or in default of, municipal council and liability of municipal fund. -
When the district collector or person appointed by the Adaptation Order of 1937 and 1950 [State Government] lawfully takes action on behalf or in default of the municipal council under this Act he shall have Subs. By T.N. Act X of 1930 [all such powers] as are necessary for the purpose, and shall be entitled to the same protection under this Act as the municipal authority whose powers he is exercising, and compensation shall be recoverable from the municipal fund by any person suffering damage from the exercise of such powers to the same extent as if the action has been taken by such municipal authority.

CHAPTER IV

ELECTION AND APPOINTMENT OF COUNCILLORS

Elections

Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [ 43. Election of Municipal Councillors "
Substituted by Tamil Nadu Act XXV of 1994 [ (1) For the purposes of election to a municipal council, the State Government shall, after consulting the municipal council, by notification, divide the municipality into wards and determine the number of members to be elected in accordance with such scale as may prescribed.]
Omitted by Tamil Nadu Act XXV of 1994 (1-A)
Substituted by Tamil Nadu Act XVII of 1973 [ (2) only one member shall be elected for each ward.]
(3) All the electors of a ward, irrespective of their community or sex, shall be entitled to vote at an election Substituted by Tamil Act XVII of 1973 [ to the seat in that ward.]
(4) When issuing under sub-section (1) a notification which materially alters the existing division of a municipality into wards, the Substituted by Tamil Nadu Adaptation Order 1950 [State Government] may direct that the alteration shall take effect from the next ordinary elections.
(5) When Omitted by Tamil Nadu Act XVII of 1973 a new ward is formed, or when an existing ward is abolished, Substituted by Tamil Nadu Act XXV of 1994 [State Election Commission shall determine]
(a) the ward which each council or then on the council shall be deemed to represent.
(b) the ward or wards in which elections shall be held to fill up the vacancies, if any, in the council.]

NOTES
S..43 " Election of municipal councilors "proposal to divide in to wards " consultation about each ward " Necessity of " (1953) 1 MLJ 88;
S.43 " when interference by High Court under its writ jurisdiction . 40 L.W. 865.

Inserted by Tamil Nadu Act XVII of 1973 [43-A. Election of same person for more than one ward -
(1) If any person has been elected for two or more wards, he shall, within seven days from the date of the last of such elections, intimate to the Commissioner, the ward for which he chooses to serve.
(2) In default of such intimation, the commissioner shall determine by lot and notify the ward for which such person shall serve.
(3) The said person shall be deemed to have been elected only for the ward so chosen or so notified, as the case may be, and the vacancies thereby arising in the representation of the other wards shall be filled by fresh elections.]

Inserted by Tamil Nadu Act XXV of 1994 [ 43-B. Election to the municipalities including town panchayats -
(1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the municipalities including town panchayats shall be vested in the State Election Commission consisting of a State Election Commissioner to be appointed by the Governor under Article 243-Kof the Constitution.
(2) The Governor shall, when so requested by the State Election Commission, make available to the State Election Commission such staff as may be necessary for the discharge of the functions conferred on the State Election Commission by sub-section (1).]

Inserted by Tamil Nadu Act XXV of 1994 [ 43-C. Power of State Government to make election rules -
(1) The StateGovernment may, in consultation with the State Election Commissioner, make rules regulating the procedure with regards to election.
(2) Without prejudice to the generality of sub-section (1), such rules may provide for all matters not expressly provided for in this Act including deposits to be made by candidates standing for election as councilors, and the conditions under which such deposits may be forfeited.
Provided that the deposits required shall not exceed one hundred rupees.]
Substituted by Madras City, District Municipalities and Local Boards (Amendment) Act, 1938 (Tamil Nadu Act II of 1938) [
44. Qualifications for inclusion in electoral roll for municipality and publication thereof " Substituted by Tamil Nadu Act XXV of 1994. [(1) The electoral roll of the municipality shall be the same as the electoral roll of the Tamil Nadu Legislative Assembly prepared and revised in accordance with the provisions of law for the time being in force in a municipality and shall be deemed to be the electoral roll for such municipality for the purposes of this Act and no amendment, transposition; or deletion; of any entry in the electoral roll of the Tamil Nadu Legislative Assembly made after the last date for making nominations for election in any municipality and before the notification of the result of such election, shall from part of the electoral roll for such election, for the purpose of this section.]
(1-A) A person shall be disqualified for registration in an electoral roll if he "
(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.
(1-B) No person shall be entitled to be registered in the electoral roll for any municipality more than once.
(1-C) No person registered in the electoral roll for a municipality shall be entitled to be registered in the electoral roll for another municipality, Panchayat or City.
Explanation " For the purpose of this sub-section, the expressions ˜Panchayat' and ˜City' shall have the meanings respectively assigned to them in the Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958) Present Tamil Nadu Panchayat Act 21 of 1994, the Madras City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919) or the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act XV of 1971) or in any other law for the time being in force.
(1-D) Subject to the provisions of sub-sections (1),(1-A),(1-B),(1-C) every person who "
(a) is not less than eighteen years of age on the qualifying date and
(b) is ordinarily resident in a municipality,
Shall be entitled to be registered in the electoral roll for that municipality.
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 ordinarily resident in a municipality 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 of ordinary residence shall not by reason thereof cease to be ordinarily resident therein.
(c) A person who is a patient in any establishment 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 municipality at any relevant time, the question shall be determined by the Substituted by Tamil Nadu Act 25 of 1994 [State Election Commission] in accordance with such rules as may be prescribed.
Substituted by Tamil Nadu Act VI of 1968 [(2) Substituted by Tamil Nadu Act XXV of 1994 [Any officer of the State Election Commission in consultation with the State Government] shall, for the purposes of this Act, prepare and publish in such manner and at such time as the State Government may direct the electoral roll for the municipality or the alterations to such roll, as the case may be.]
Substituted by Tamil Nadu Act XXXII of 1980 [ Explanation " The power conferred by this sub-section on the person so authorized shall include the power to omit, in the manner and at 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 sub-section (1-A) Added by Tamil Nadu Act XXV of 1994 [ or who is disqualified to be included in such part of the electoral roll for any territorial constituency of the Tamil Nadu Legislative Assembly as relates to that ward;]
Provided that the name of any person omitted from the electoral roll for the municipality by reason of a disqualification under clause (C) if sub-section (1-A) shall forthwith be reinstated in that roll if such disqualification is, during the period such roll is in force removed under any law authorizing such removal.
Added by Tamil Nadu Act XXV if 1994 [(2-A) To assist the person authorized under sub-section (2) the State Election Commission may employ such persons as it thinks fit.]
(3) When a municipality has been divided into wards, the electoral roll for the municipality shall be divided into separate lists for each ward.
(4) Where after the electoral roll for a municipality or any alterations thereto have been published under sub-section (2), the municipality, is divided into wards for the first time or the division of the municipality into wards is altered, Inserted by Tamil Nadu Act II of 1947 [or the limits of the municipality are varied] Substituted by Tamil Nadu Act VI of 1968 [the person authorized under that sub-section] shall, as soon as may be after such division or alteration, Substituted by Tamil Nadu Act XXV if 1994 [or variation], as the case may be, in order to give effect to the division of the municipality into wards or to the alteration of the wards, Substituted by Tamil Nadu Act VI of 1968 [ or to the variation] of the limits as the case may be, authorize a re-arrangement and republication of the electoral roll for the municipality or any part of such roll, in such manner as the Substituted by Tamil Nadu Act XXV of 1994 [ The State Election Commissioner] directs.
Omitted, ibid.
(5) The electoral roll for the municipality published under sub-section (2) as revised by any alterations thereto subsequently published under that sub-section or under sub-section (4) shall remain in force until the publications of a fresh electoral roll for the municipality under any sub-section (2).
(6) Every person whose name appears in the electoral roll for the municipality as so revised, shall, so long as it remains in force, be entitled, subject to the provisions of this Act, to vote at an election; and no person whose name does not appear in such roll shall vote at an election.
Omitted by Tamil Nadu Act XXXII of 1980

NOTES
S.44 " Election petition " dispute as to age of voter- power (1966) 2 MLJ 56;
S.44 " Power of election Authority (1958) 1 MLJ 419;
S.44 " Revising Authority " Power of 1932 Mad. 171;
Inserted by ibid. [
44A. Jurisdiction of Civil Courts barred. - No civil 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 of any entry in or from an electoral roll by an authority under section 44.

44-B. Making false 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 imprisonment for a term which may extend to one year, or with fine, or with both]

45. Omitted by Tamil Nadu Act VI of 1968

46. Omitted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)

Substituted by Tamil Nadu Act XXXII of 1980 which was substituted for the original section 47 by section 39, of Tamil Nadu Act X of 1930. [47. Disqualifications of voters -
Notwithstanding anything contained in sub-section (6) of section 44, no person who is of unsound mind and declared so by the competent Court shall be qualified to vote so long as the disqualification subsists.]
Qualifications for membership of council

48. Qualifications of candidates "
Substituted by Tamil Nadu Act XXXII of 1980 [(1) no person shall be qualified for election as a chairman or as a councilor, unless "
(a) his name is included in the electoral roll of the municipality; and
(b) he has completed his twenty-first year of age.]
Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [ (2) No officer of Government Substituted by Tamil Nadu Act XXIII of 1978 [including] a village office shall be qualified for election, or for holding office as a Inserted, ibid [chairman or as[ councilor;
Provided that this prohibition shall not apply to the holder of any office which does not involve both of the following incidents, namely, that the incumbent-
(a) is a whole-time Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [servant of the Government] and
(b) is remunerated either by salary or fees;
Provided further that if any question arises either before or after an election whether any person is or is not, disqualified under this sub-section, the question shall be referred to the Substituted by Tamil Nadu Act XXV of 1994 [Governor] whose decision shall be final.]
Inserted by ibid [ (3) Before taking any decision on any such question the Governor shall obtain the opinion of the State Election Commission and shall act according to such opinion.]

NOTES
S.48; The validity and conclusiveness of the register of candidates cannot be questioned in election proceedings " 47 MLJ 795;

Inserted by ibid [48 " A. Powers of State Election Commission "
(1) Where in connection with the tendering of any opinion to the Governor under sub-section (3) of section 48, the State Election Commission considers it necessary or proper to make an inquiry, and the commission is satisfied that on the basis of the affidavits 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 Commission shall have for the purposes 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 produceable as evidence;
(C) receiving evidence on affidavits;
(d) requisitioning any public record or a copy thereof from any court or office;
(e) issuing commissions for the examination of witnesses or documents.
(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 shall be deemed to be a civil court and when 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 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 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 Commission shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code (Central Act XLV of 1860).]
Inserted by Tamil Nadu Act XXV of 1994
48-B. Statements made by persons to the State Election Commission " No statement made by a person in the course of giving evidence before the State Election Commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement.
Provided that the statement:
(a) is made in reply to a question which he is required by the Commission to answer; or
(b) is relevant to the subject matter of the inquiry.]
Inserted by Tamil Nadu Act XXV of 1994 [
48-C. Procedure to be followed by the State Election Commission - The State Election Commission shall have the power to regulate its own procedure (including the fixing of places and times of its sitting and deciding whether to sit in public or in private.)].
Inserted by Tamil Nadu Act XXV of 1994[
48-D. Protection of action taken in good faith - No suit, prosecution or other legal proceedings shall lie against the State Election Commission or any person acting under the direction of the Commission in respect of anything which is in good faith done or intended to be done in pursuance of the foregoing provisions of sections 48-A to 48-C or of any order made thereunder or in respect of the tendering of any opinion by the Commission to the Governor or in respect of the publication by or under the authority of the Commission of any such opinion, paper or proceedings.]

49. Disqualification of candidates -
(1) A person who has been sentenced by a criminal court to transportation or to imprisonment for a period of more than six months Inserted the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [for any offence other than an offence of a political character or an offence not involving moral delinquency] Added by Tamil Nadu Act XIX of 1991 [such sentence not having been reversed or the offence pardoned] shall be disqualified Omitted by Tamil Nadu Act XXV of 1994 for election Omitted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (T.N. Act X of 1930) as a Inserted by Tamil Nadu Act XXIII of 1978 [Chairman or ] councilor while undergoing the sentence and for five years from the date of the expiration of the sentence.

NOTES
S.49 " Vice Chairman " Not an officer of the Municipality " 47 MLJ 795
S.49 " "Servant" meaning of 1928 MAD 641;
Inserted by Tamil Nadu Act XI of 1968 [(1-A) A person convicted of an offence punishable under the Protection of Civil Rights Act, (Central Act XXII of 1955), shall be disqualified Substituted by Tamil Nadu Act XIX of 1991 [for election as a Chairman or election] Omitted by Tamil Nadu Act XXV of 1994 as councilor for a period of five years from the date of such conviction.]
(2) A person shall be disqualified [for election as chairman or election Omitted by Tamil Nadu Act XXV of 1994 as a councilor if such person is at the date of Substituted by Tamil Nadu Act XXV of 1994 [nomination or election ] "
The Original clauses (i) to (vi) were lettered as (a) to (f) respectively by ibid.(a) of unsound mind, a deaf " mute or a leper.
[(b)] Added by ibid [ an applicant to be adjudicated a bankrupt or insolvent of or ] an uncertificated bankrupt or undischarged insolvent;]
(c) interested in a subsisting contract made with, or any work being done for, the municipal council except as a shareholder (other than a director) in substituted by ibid. [ a company ];
Inserted by ibid [Provided that a person shall not be deemed to have any interest in substituted by ibid [such contract or work] by reason only of his having a share or interest in "
(i) any lease, sale or purchase of immovable property or any agreement for the same;
(ii) any agreement for the loan of money or any security for the payment of money only;
(iii) any newspaper in which any advertisement relating to the affairs of the council is inserted; or
(iv) the sale to the council of any articles in which he regularly trades, or the purchase from the council of any articles to a value in either case not exceeding fifteen hundred rupees in the aggregate in any year during the period of the contract or work;
Inserted by the Tamil Nadu District Municipalities (amendment)) Act, 1930 (Tamil Nadu Act X of 1930) [ (c) employed as paid legal practitioner on behalf of the council or as legal practitioner against the council ;]
The original clauses (i) or (vi) were lettered as (a) to (f) respectively by ibid. [ (d) an officer or servant holding office under this Act, or an honorary magistrate for the municipal town;
[(e) already Inserted by Tamil Nadu Act XXIII of 1978 [the chairman or] a councilor whose term of office as such will not expire before his fresh election Omitted by Tamil Nadu Act X of 1930 can take effect; Inserted, ibid [ or has already been elected Inserted by Tamil Nadu Act XXIII of 1978 [the chairman or ] a councilor whose term of office has not yet commenced; [ Omitted by the Tamil Nadu District Municipalities (Amendment Act) 1940; Tamil Nadu Act XIV of 1940) re-enacted permanently by section 2 of, and the First Schedule to the Tamil Nadu Re-enacting and Repealing (No. 1) Act, 1948 (Tamil Nadu Act VI of 1948)
(f) Substituted by Tamil Nadu Act X of 1930[ the servant or employer or the official subordinate or official superior of a councilor holding office on the said date] Added by Tamil Nadu District Municipalities and Local Bodies (Amendment) Act, 1940 (Tamil Nadu Act XIV of 1940), re-enacted permanently by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting and Repealing (No.1) Act, 1948 (Tamil Nadu Act VII of 1948) [or]
(g) in arrears of any kind due by him (otherwise) than in a fiduciary capacity) to the municipality up to and inclusive of the previous year, in respect of which a bill or notice has been duly served upon him and the time, if any, specified therein for payment has expired.]

NOTES
S. 49 (2) (c) " Applicability of " 80 LW 660;
S.49 (2) (G) " It is not enough that there is an arrear due but that is due should be capable of being realized " (1971) 2 MLJ 264;
S.49 (2) (b) " Scope of " 63 MLJ 932;
(3) Notwithstanding anything contained in sub-section (1) Inserted by Tamil Nadu Act XI of 1978 [or sub-section (1-A)], Substituted by Tamil Nadu Act XXV of 1994 [the state election commission] may direct that such Inserted by Tamil Nadu Act XXIII of 1978 [conviction or] sentence shall not operate as a disqualification.
Omitted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [(4)]******

50. Disqualification of Inserted by Tamil Nadu Act XI of 1978 [chairman or ] councilors "
(1) Subject to the provisions of Section 51, Inserted by Tamil Nadu Act XI of 1978 [chairman or] a councilor Inserted by Tamil Nadu Act XXV of 1994 [ or a person referred to in clauses (b) and (c) of sub-section (2) of section 3-C or clauses (b) and (c) of sub-section (3) of section 7 ] shall cease to hold his office, if he "
(a) is sentenced by a Inserted by Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [Criminal] Court to such punishment Inserted by ibid [and for such offence] as is described in sub-section (1) of section 49;
Inserted by Tamil Nadu Act XI of 1978 [(aa) is convicted of an offence punishable under the Protection of Civil Rights Act, 1955 (Central Act XXII of 1955)]
(b) becomes of unsound mind, a deaf mute, or a leper;
(c) applies to be adjudicated or is adjudicated, a bankrupt or insolvent;
(d) subject to the proviso to Substituted by the Tamil Nadu Act X of 1930 [clause (c) of sub-section 49], acquires any interesting any subsisting contract made with, or work being done, for the council except as a shareholder (other than a director) in Substituted and omitted, ibid [a company ]
Inserted by ibid [(dd) is employed as paid legal practitioner on behalf of the council or accepts employment as legal practitioner against the council;]
Inserted by ibid [(e) is appointed as an Officer or servant under this Act or as an honorary magistrate for the municipal town.]
(f) accepts employment under Inserted by ibid [or becomes the official subordinate of ] Inserted by the Tamil Nadu Act XXIII of 1978 [the chairman or] any other councilor;
Omitted by the Tamil Nadu Act X of 1930 [(g) *******]
(h) ceases to reside in the municipality or within two miles thereof; The word ˜or' was omitted by section 2 (iii) (a) of Tamil Nadu District Municipalities (Amendment) Act,1940 (Tamil Nadu Act XIV of 1940), re-enacted permanently by section 2 of, and First Schedule to, the Tamil Nadu Re-enacting and Repealing (No.1) Act, 1948 (Tamil Nadu Act VIIII of 1948)
Inserted by ibid [(hh) fails to pay arrears of any kind due by him (otherwise than in a fiduciary capacity) to the municipality within three months after a bill or notice has been served upon him under this Act, or where in the case of any arrears this Act does not require the service of any bill or notice within three months after a notice requiring payment of the arrears (which notice it shall be the duty of the executive authority to serve at the earliest possible date) has been duly served upon him by the executive authority; or]
Substituted by the Tamil Nadu District Municipalities (Second Amendment) Act, 1934 (Tamil Nadu Act IV of 1935 (i) absents himself from the meetings of the council for a period of three consecutive months reckoned from the date of commencement of his term of office, or of the last meeting which he attended, or of his restoration to office as Inserted by ibid [the chairman or] councilor under sub-section (4), as the case may be, or if within the said period, less than three meetings have been held, absents himself from three consecutive meetings held after the said date.
Provided that no meeting from which Inserted by ibid [the chairman or] a councilor absents himself shall be counted against him under this clause, if due notice of that meeting was not given to him.
Explanation " A meeting held under sub-rule (2) of Schedule III or rule 3 of that Schedule shall not be deemed to be a meeting within the meaning of this clause.]
(2) Notwithstanding anything contained in clause (a) Inserted by the Tamil Nadu Act XI of 1978 [or clause (aa)] of sub-section (1) Substituted by the Tamil Nadu Act XXV of 1994 [the State Election Commission] may direct that such Inserted by the Tamil Nadu Act XI of 1978 [conviction or] sentence shall not operate as a disqualification.
(3) Where a person ceases to be a councilor under Substituted by Tamil Nadu District Municipalities (Amendment)Act, 1930 (Tamil Nadu Act X of 1930) [clause (a) Inserted by the Tamil Nadu Act XI of 1978 [or clause (aa)] of sub-section (1) or under section 60,] Substituted by the Tamil Nadu Act XIX of 1991[such person shall be restored to office for such portion of the period for which such person was elected] (Omitted by Tamil Nadu Act XXV of 1994) [[Omitted by Tamil Nadu Act X of 1930 ] as may remain unexpired at the date of such restoration, if and when the Inserted by Tamil Nadu Act XI of 1978[conviction] sentence or order is annulled on appeal or revision or Substituted by the Tamil Nadu Act X of 1962 [ the disqualification caused by the Inserted by Tamil Nadu Act XI of 1978[conviction or ] sentence or incurred under section 60 is removed by an order of Substituted by Tamil Nadu Act XXV of 1994 [the State Election Commission] Inserted by the Tamil Nadu Act X of 1930[and any person elected [Omitted by Tamil Nadu Act XXV of 1994] to fill the vacancy in the interim shall on such restoration vacate office.].
Substituted by the Tamil Nadu Act X of 1962 [ (4) where a person ceases to be Inserted by the Tamil Nadu Act XXIII of 1978 [the chairman or] a councilor under clause (i) of sub-section (1) the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] shall at once intimate the fact in writing to such person and report the same to the council at its next meeting. If such person applies for restoration suo motu to the council on or before the date of its next meeting or within fifteen days of the receipt by him of such intimation, the council may at the meeting next after receipt of such application restore him to his office of Inserted by the Tamil Nadu Act XXIII of 1978[the chairman or ] councilor;
Provided that Inserted by the Tamil Nadu Act XXIII of 1978[the chairman or ] councilor shall not be so restored more than twice during his term of office.]
Inserted by Tamil Nadu Act III of 1964, was substituted by Tamil Nadu Act XXV of 1994 [
50-A. Oath or affirmation " (1) Every councilor and every person nominated under clause (a) of sub-section (2) of section 3-C or clause (a) of sub-section (3) of section 7, as the case may be, before taking his seat, shall make and subscribe at a meeting of the council, an oath or affirmation according to the following form, namely "
Elected as councilor of
"I. A.B. having been
Nominated under clause (a) of sub-section (2) of section 3-C or under clause (a) of sub-section (3) of section 7 as representative in
Swear in the name of God
This council do
Sincerely affirm
I will bear truth faith and allegiance to the Constitution of India as by law established that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter.
(2) If a person sits or votes as a councilor or sits as a representative nominated under clause (a) of sub-section (2) of section 3-C or under clause (a) of sub-section (3) of section 7 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 penalty of three hundred rupees to recovered as arrears as tax under this Act.]

NOTES
S.50 (1) (b) ; - Particular councilor ceased to hold office relevant date. (1954) 2 MLJ 680;
S.50 (1) (hh) Plea of disqualification must be established (1968) 1 MLJ 403;

51. Decision of questions of disqualification of Inserted by Tamil Nadu Act XXIII of 1978 [chairman or] councilor by District Judge "
(1) Whenever it it alleged that any person who has been Substituted by Tamil Nadu Act XXV of 1994 [elected as the chairman or a councilor] is disqualified under Substituted by Tamil Nadu Act X of 1930 [Omitted by Tamil Nadu Act XXV of 1994] section 50, Inserted by Tamil Nadu Act II of 1964 [section 50-A] or section 60] and such person does not admit the allegation, or whenever [Inserted by Tamil Nadu Act XXIII of 1978 [the chairman or] any councilor is himself in doubt whether or not he has become disqualified for office Inserted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act XV of 1930) [under section 50, Inserted by Tamil Nadu Act II of 1964 [section 50-A] or section 60], such Inserted by Tamil Nadu Act XXIII of 1978 [chairman or] councilor or any other councilor may, and the Substituted by Tamil Nadu District Municipalities (Amendment) Act 1933 (Tamil Nadu Act XV of 1933 [executive authority], at the request of the council, shall, apply to the District Judge of the district in which the municipality in is situated.
(2) The said judge after making such inquiry as he deems necessary, shall determine whether or not such person is disqualified under Substituted by Tamil Nadu Act X of 1930 [ Omitted by Tamil Nadu Act XXV of 1994 ] section 50 Inserted by Tamil Nadu Act II of 1964 [section 50-A] or section 60], and his decision shall be final.
Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930 [(3) Pending such decision Inserted by Tamil Nadu Act XXIII of 1978 [chairman or] the councilor shall be entitled to act as if he were not disqualified.

NOTES
S.51: - Question of disqualification " 57 MLJ 241; 43 MLJ 543; 1928 M 1129; 1932 MWN 1068;
S.51 " Corrupt practice " Burden of Proof. 1924 M 487;

DISPUTES REGARDING ELECTIONS
Inserted by Tamil Nadu Act XXV of 1994 [
51-A. Election petitions - (1) No election of Chairman or a councilor shall be called in question except by an election petition presented to the District Judge of the District in which the municipality is situated within fifteen days from the date of the publication of the result of the election under section 27.
(2) An election petition calling in question any election may be presented on one or more of the grounds specified in section 51-B by any candidate at such election, by any elector of the ward concerned, or by any councilor.
(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 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 verification of pleadings.

51-B. Grounds for declaring election to be void -
(1) 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 or was disqualified, to be chosen as councilor under this Act, or
(b) that any corrupt practice has been committed by a returned candidate 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 candidate, has been materially effected "
(i) by 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 acting with the consent 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-compliance with the provisions of this Act or of any rules or orders made thereunder the District Judge shall declare the election of the returned candidate to be void.
(2) If in the opinion of the District Judge a returned candidate has been guilty by an agent, of any corrupt practice, but the Judge is satisfied.
(a) that no such corrupt practice was committed at the election by the candidate, and every such corrupt practice was committed contrary to the orders, and without the consent of the candidate;
(b) that the candidate took all reasonable means for preventing the commission of corrupt practices at the election; and
(c) that in all other respects the election was free from any corrupt practice on the part of the candidate or any of his agents.
Then the District Judge may decide that the election of the returned candidate is not void.

CORRUPT PRACTICES

51-C . Corrupt Practices "
The following 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 Peoples Act, 1951 (Central Act XLIII of 1951).
(2) Undue influence as defined in the 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 or 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 furtherance of the prospects of that candidate's election.
(4) The publication by a candidate or his agent or by any other person of any statement of fact which is false, and while 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 other wise of any vehicle or vessel by a candidate or his agent or by any other person for conveyance 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 the rules made under Act.;
Provided that the hiring of 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 under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power.
Explanation " In this clause the expression "vehicle" means any vehicle used or capable of being used for the purpose of road transport whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise.
(6) The holding of any circular, placard or poster having a reference to election which does not bear the name and address of the printer and publisher thereof.
(7) The issuing of any 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 State Government may by rules specify to be a corrupt practice.

Election Offences

Section 52 to 55 omitted [52. to 55. *******]

56. Infringement of secrecy of election -
Substituted by Tamil Nadu Act X of 1962 [ Every officer, clerk, agent or other person performing any duty in connection with the recording or counting of votes at an election] who except for some purpose authorized by law, communicates, to any person any information showing directly or indirectly for which candidate any voters had voted, and every person who by any improper means procures any such information, shall be punished with imprisonment of either description which may extend to six months or with fine or with both.

Added by Tamil Nadu Act X of 1962[56-A. Minimum penalty for personation at an election "
Notwithstanding anything contained in section 171-F of the Indian Penal Code (Central Act XLV of 1860) any person who in connection with an election under this Act commits an offence of personation punishable under that section shall be punished with imprisonment for a term which shall not be less than six months and not more than two years and with fine.]

56-B. Promoting enmity between classes in connection with election -
Any person who in connection with an election under this Act promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings of enmity or hatred between different classes of the citizens of India shall be punishable with imprisonment of a term which may extend to three years, or with fine, or with both.

56-C. Prohibition of public meetings on the day preceding the election day and on the election day "
(1) No person shall convene, hold or attend any public meeting within the municipality within twenty four hours before the date of commencement of the poll or on the date or dates on which a poll is taken for an election .
(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with fine which may extend to two hundred and fifty rupees.

56-D. Disturbances at election meetings -
(1) Any person who at a public meeting to which this section applies acts, or incites other to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together, shall be punishable with fine which may extend to two hundred and fifty rupees.
(2) This section applies to any public meeting of a political character held within the municipality between the earliest date for making nomination of candidates for an election and the date on which such election is held.
(3) If any police officer reasonably suspects any person of committing an offence under sub-section (1), he may, if requested so to do by the chairman of the meeting, require that person to declare to him immediately his name and address and, if that person reuses or fails so to declare his name and address and, if that person refuses or fails so to declare his name and address, or if the police officer reasonably suspects him of giving a false name or address, the police officer may arrest him without warrant.

56-E. Restrictions on the printing of pamphlets, poster, etc., -
(1) No person shall print or publish or cause to be printed or published, any election pamphlet or poster which does not bear on its face the names and addresses of the printer and the publisher thereof.
(2) No person shall print or cause to be printed any election pamphlet or poster "
(a) unless a declaration as to the identity of the publisher thereof, signed by him and attested by two persons to whom he is personally known is delivered by him to the printer in duplicate and
(b)unless, within a reasonable time after the printing of the document one copy of the declaration is sent by the printer together with one copy of the document to the Commissioner.
(3) For the purpose of this section "
(a) any process for multiplying copies of a document other than copying it by hand, shall be deemed to be printing and the expression ˜printer' shall be construed accordingly; and
(b) ˜election pamphlet or poster' means any printed pamphlet, hand-bill or other document distributed for the purpose of promoting or prejudicing the election of a candidate or group of candidates or any placard or poster having reference to an election, but does not include any hand-bill, placard, or poster merely announcing the date, time, place and other particulars of an election meeting or routine instructions to election agents or workers.
(4) Any person who contravenes any of the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.

56-F. Officers, etc., at elections not to act for candidates or to influence voting -
(1) No person who is a returning officer, or an assistant returning officer, or a presiding or polling officer at an election, or an officer or clerk appointed by the returning officer or the presiding officer to perform any duty in connection with an election shall in the conduct or the management of the election do any act (other than the giving of vote) for the furtherance of the prospects of the election of a candidate.
(2) No such person as aforesaid, and no member of a police force, shall endeavour "
(a) to persuade any person to give his vote at an election, or
(b) to dissuade any person from giving his vote at an election , or
(c) to influence the voting of any person at an election in any manner.
(3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment for a term which may extend to six months or with fine or with both.

56-G. Prohibition of canvassing in or near Polling stations -
(1) No person shall on the date or dates on which a poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of one hundred yards of the polling station, namely :-
(a) canvassing for votes: or
(b) soliciting the vote of any elector ; or
(c) persuading any elector not to vote for any particular candidate; or
(d) persuading any elector not to vote at the election; or
(e) exhibiting any notice or sign (other than official notice) relating to the election.
(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with fine which may extend to two hundred and fifty rupees.
(3) An offence punishable under this section shall be cognizable.

56-H. Penalty for disorderedly conduct in or near polling stations "
(1) No person shall, on the date or dates on which a poll is taken at any polling station "
(a) use or operate within or at the entrance of the polling station, or in any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker, or
(b) shout, or otherwise act in a disorderedly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officers and other persons on duty at the polling station.
(2) Any person who contravenes, or willfully aids or abets the contravention of, the provisions, of sub-section (1) shall be punishable with imprisonment for a term which may extend to three months or with fine or with both.
(3) If the polling officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under this section, he may direct any Police Officer to arrest such person, and thereupon the Police Officer shall arrest him.
(4) Any Police Officer may take such steps, and use such force, as may be reasonably necessary for preventing any contravention of the provisions of sub-section (1), and may seize any apparatus used for such contravention.
Explanation- In this section, the expression "polling officer" means the polling officer of a polling station or if there is a presiding officer at the polling station such presiding officer.

56-I . Penalty for misconduct at the polling station "
(1) Any person who during the hours fixed for the poll at any polling station misconducts himself or fails to obey the lawful directions of the polling officer may be removed from the polling station by the polling officer of by any police officer on duty or by any person authorized in this behalf by such polling officer.
(2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having a opportunity of voting at that polling station.
(3) If any person who has been so removed from 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 three months, or with fine or with both.
(4) An offence punishable under sub-section (3) shall be cognizable.
Explanation " In this section, the expression ˜polling officer' has the same meaning as in section 56-H.

56-J. Penalty for illegal hiring or procuring of conveyances at elections
" (1) Any person who during the hours fixed for the poll at any polling station misconducts himself or fails to obey the lawful directions of the polling officer may be removed from the polling station by the polling officer or by any police officer on duty or by any person authorized in this behalf by such polling officer.
(2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having an opportunity of voting at that polling station.
(3) If any person who has been so removed from 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 three months, or with fine or with both.
(4) An offence punishable under sub-section (3) shall be cognizable.
Explanation " In this section, the expression ˜polling officer' the same meaning as in section 56-H.

56-J. Penalty for illegal hiring or procuring of conveyances at elections-
(1) No candidate or his agent or any other person with the consent of a candidate or his agent shall hire or procure whether on payment or otherwise any vehicle, or vessel for the conveyance of any elector (other than the candidate himself, the members of his family or his agent) to or from any polling station:
Provided that nothing in this sub-section shall apply to "
(a) the hiring of a vehicle or vessel by an elector or several electors at their joint costs for the purpose of conveying him or them to or from the polling station, if the vehicle, or vessel so hired is a vehicle or vessel not propelled by mechanical power, and
(b) the use of any public transport vehicle or vessel or any railway carriage by any elector at his own cost for the purpose of going to or coming from the polling station.
Explanation " In this sub-section the expression ˜vehicle' means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise.
(2) Any person who contravenes the provisions of sub-section (1) at or in connection with an election shall be punishable with fine which may extend to two hundred and fifty rupees.

56-K. Breaches of official duty in connection with election "
(1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to five hundred rupees.
(2) No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid.
(3) The persons to whom this section applies are the returning officers, assistant returning officers, presiding officers, polling officers and any other person appointed to perform any duty in connection with the receipt of nominations or withdrawal of candidatures, or the recording or counting of votes at an election; and the expression ˜official duty' shall for the purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by or under this Act.

56.L " Removal of ballot papers polling station to be an offence -
(1) Any person who at any election fraudulently takes, or attempts to take, a ballot paper out of a polling station, or willfully aids or abets the doing of any such act, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extent to five hundred rupees or with both.
(2) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub-section (1) such officer may, before such person leaves the 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 woman to be searched, the search shall be made by another woman with strict regard to decency.
(3) Any ballot paper found upon the person arrested on search shall be made over for safe custody to a Police Officer by the presiding officer, or when the search is made by a Police Officer, shall be kept by such officer in safe custody.
(4) An offence punishable under sub-section (1) shall be cognizable.

56-M. Other offences and penalties therefore-
(1) No person at an election shall "
(a) fraudulently deface or fraudulently destroy any nomination paper; or
(b) fraudulently deface, destroy or remove any list, notice or other document affixed by or under the authority of a returning officer; or
(c) fraudulently deface or fraudulently destroy any ballot paper or the official mark on any ballot paper or
(d) without due authority supply any; ballot paper to any person or receive any ballot paper from any person or be in possession of any ballot paper; or
(e) fraudulently put into any ballot box anything other than the ballot paper which he is authorized by law to put in; or
(f) without due authority destroy, take, open or otherwise interfere with any ballot box or ballot papers then in use for the purposes of the election; or
(g) fraudulently or without due authority, as the case may be, attempt to do any of the foregoing acts or willfully aid or abet the doing of any such acts.
(2) Any person who contravenes the provisions of sub-section (1) shall "
(a) if he is a returning officer or an assistant returning officer, or a presiding officer at a polling station or any other officer or clerk employed on official duty in connection with the election, be punishable with imprisonment for a term which may extend to two years or with fine or with both;
(b) if he is any other person, be punishable with imprisonment for a term which may extend to six months or with fine or with both.
(3) For the purposes of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election or part of an election including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election, but the expression ˜official duty' shall not include any duty imposed otherwise than by or under this Act.
(4) Any offence punishable under clause (b) of sub-section (2) shall be cognizable.

56-N. " Prosecution regarding certain election offences "
No court shall take cognizance of any offence punishable under section 56-F or under section 56-K or under clause (a) of sub-section (2) of section 56-M except on complaint in writing made by order of, or under authority from the State Government.]

Omitted by Tamil Nadu Act X of 1930 [ 57 to 59 ********]

Substituted by ibid [ 60. Disqualification of persons convicted of election offences -
Every person convicted of an offence punishable Inserted by Tamil Nadu Act X of 1962 [under sections, 56, 56-A, 56-B, 56-C, 56-D, 56-E, 56-F, 56-G, 56-H, 56-I, 56-J, 56-K, 56-L, 56-M or] under Chapter IX " A of the Indian Penal Code shall be disqualified from voting or from being elected in any election to which this Act applies Omitted by Tamil Nadu Act XXV of 1994 or from holding the office of municipal councilor for a period of five years from the date or his conviction Omitted by Tamil Nadu Act X of 1962.

Inserted by Tamil Nadu Act X of 1962 [Requisitioning of property for election purposes]

Inserted by Tamil Nadu Act X of 1962 [60-A. Requisitioning of premises, vehicles etc., for election purposes "
(1) If it appears to the State Government that in connection with an election under this Act "
(a) any premises other than residential buildings actually occupied are needed or likely to be needed for the purpose of being used as a polling station or for the storage of ballot boxes after a poll has been taken, or
(b) any vehicle, vessel or animal is needed or is likely to be needed for the purpose of transport of ballot boxes to or from any polling station, or transport of members of the police force for maintaining order during the conduct of such election, or transport of any officer or other person for performance of any duties in connection with such election, the state Government may, by order in writing requisition such premises, or such vehicle, vessel or animal, as the case may be, and may make such further orders as may appear to them to be necessary or expedient in connection with the requisitioning.
Provided that no vehicle, vessel or animal which is being lawfully used by a candidate or his agent for any purpose connected with the election of such candidate shall be requisitioned under this sub-section until the completion of the poll at such election.
(2) The requisition shall be effected by an order in writing addressed to the person deemed by the State Government to be the owner or person in possession of the property and such order shall be served on the person to whom it is addressed.
(3) Whenever any property is requisitioned under sub-section (1), the period of such requisition shall not extend beyond the period for which such property is required for any of the purposes mentioned in the sub-section.
(4) In this section "
(a) " premises" means any land, building or part of a building and includes a hut, shed or other structure or any part thereof:
(b) "vehicle" means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise.

60"B. Payment of compensation "
(1) Whenever in pursuance of section 60-A the State Government requisition any premises there shall be paid by the municipal council to the persons interested compensation the amount of which shall be determined by the State Government by taking into consideration the following, namely:
(i) the rent payable in respect of the premises or if no rent is so payable, the rent payable for similar premises in the locality.
Provided that the rent payable in respect of the premises to which the provisions of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (Tamil Nadu Act XVIII of 1960), apply shall be the fair rent payable for the premises under that Act.'
(ii) if in consequence of the requisition of the premises the person interested is compelled to change his residence or place of business the reasonable expenses (if any) incidental to such change:
Provided that where any person interested, being aggrieved by the amount of compensation so determined, makes an application to the State Government within one month from the date of service of the order determining the compensation for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the State Government may determine.
Provided further that where there is any dispute as to the title to receive the compensation or as to the apportionment of the amount of compensation, it shall be referred by the State Government to an arbitrator appointed in this behalf by the State Government for determination and shall be determined in accordance with the decision of such arbitrator.
Explanation " In this sub-section, the expression ˜person interested' means the person who was in actual possession of the premises requisitioned under section 60-A immediately before the requisition, or where no person was in such actual possession, the owner of such premises.
(2) Whenever in pursuance of section 60-A the State Government requisition any vehicle, vessel or animal, there shall be paid by the municipal council to the owner thereof compensation; the amount of which shall be determined by the State Government on the basis of the fares or rates prevailing in the locality for the hire of such vehicle, vessel or animal;
Provided that where the owner of such vehicle, vessel or animal, being aggrieved by the amount of compensation so determined, makes an application to the State Government within one month from the date of service of the order determining the compensation for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the State Government may determine:
Provided further that where immediately before the requisitioning the vehicle or vessel was by virtue of a hire purchase agreement in the possession of a person other than the owner, the amount determined under this sub section as the total compensation payable in respect of the requisition shall be apportioned between the person and the owner in such manner as they may agree upon, and in default of agreement, in such manner as an arbitrator appointed by the State Government in this behalf may decide.

60-C. Power to obtain information -
The State Government may, with a view to requisitioning any property under section 60-A or determining the compensation payable under section 60-B by order require any person to furnish to such authority as may be specified in the order such information in his possession relating to such property as may be so specified.

60-D. Powers of entry in to and inspection of premises. "
(1) Any person authorized in this behalf by the State Government may enter into any premises and inspect such premises and any vehicle, vessel or animal therein for the purpose of determining whether, and if so in what manner, an order under section 60-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 expression "premises" and "vehicle" have the same meanings as in section 60-A.

60-E. Eviction from requisitioned premises "
Any person remaining in possession of any requisitioned premises in contravention of any order made under section 60-A may be summarily evicted from the premises by any officer empowered by the State Government in this behalf.
(2) Any officer so empowered may, after giving to any woman not appearing in public reasonable warning and facility to withdraw, remove or open any lock or bolt or break open any door of any building or do any other act necessary for effecting such eviction.

60-F. Release of premises from requisition "
(1) When any premises requisitioned under section 60-A are to be released from requisition, the possession thereof shall be delivered to the person from whom possession was taken at the time when the premises were requisitioned or if there were no such person, to the person deemed by the State Government to be the owner of such premises, and such delivery of possession shall be a full discharge of the State Government from all liabilities in respect of such delivery, but shall not prejudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is so delivered.
(2) Where the person to whom possession of any premises requisitioned under section 60-A is to be given under sub-section (1) cannot be found or is not readily ascertainable or has no agent or any other person empowered to accept delivery on his behalf, the State Government shall cause a notice declaring that such premises are released from requisition to be affixed on some conspicuous part of such premises and publish the notice in the Official Gazette.
(3) Where a notice referred to in sub-section (2) is published in the Official Gazette, the premises specified in such notice shall cease to be subject to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof, and the State Government shall not be liable for any compensation or other claim in respect of such premises for any period after the said date.

60-G. Delegation of function of the State Government with regard to requisitioning -
The State Government may, by notification, direct that any powers conferred or any duty imposed on the State Government by any of the provisions of section 60-A to 60-F shall, under such conditions, if any, as may be specified in the direction, be exercised or discharged by such officer or class of officers as may be so specified.

60-H. Penalty for contravention of any order regarding requisitioning "
If any person contravenes any order made under section 60-A or section 60-C, he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both.]

CHAPTER V

POWERS OF MUNICIPALITIES AUTHORITIES IN RESPECT OF SUBSTITUTED BY TAMIL NADU ACT XXXVI OF 1955 [PROPERTY, CONTRACTS AND ESTABLISHMENTS].

Property

61. Vesting of public streets and appurtenances in the municipal council -
(1) All public streets in any municipality, with the pavements, stones and other materials thereof, and all Substituted by Tamil Nadu Act X of 1930 works, materials and other things provided for such streets, all sewers, drains, drainage works tunnels and culverts, whether made at the cost of the municipal fund or otherwise, in , alongside or under any street, whether public or private, and all works, materials and things appertaining thereto shall vest in the municipal council.
(2) The Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government] may by notification withdraw any such street, sewer, drain, drainage works, tunnel or culvert from the control of the council.

NOTES
S.61 " Vesting of public street in the Municipality- Extent of (1986) 1 MLJ 272;

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

62. Collected sewage, etc. to belong to municipal council -
All rubbish and filth and other matter collected by a municipal council under this Act shall belong to the council.

63. Power of Board of Revenue to transfer control of endowments to municipal council -
The original section 63 was re-numbered as 63 (1) by section 5 of the Tamil Nadu District Municipalities (Third Amendment) Act, 1942 (Tamil Nadu Act XXXVIII of 1942), re-enacted permanently with specified modifications by section 3 of, and the Schedule to, the Re-enacting (No.III) Act, 1948 Tamil Nadu Act IX of 1948) [(1) Subject to the control of the Substituted by the Adaptation Order of 1950 [State Government ] the Board of Revenue may by notification, Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [with the consent of a municipal council, make over to the council] the management and superintendence of any charitable endowment in respect of which powers and duties attach to the Board of Revenue under the provisions of the Tamil Nadu Endowments and Escheats Regulation, 1817 This Regulation has been repealed in its application to Hindu Religious Institutions and Endowments by section 5 (3) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1951 (Tamil Nadu Act XIX of 1951). And duties which attach to the Board of Revenue in respect thereof shall attach to Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [the council] as if it had been specially named in the said regulation, and the council shall manage Inserted by ibid [and superintend] such endowment.
The Tamil Nadu District Municipalities (Amendment) Act, 1942 (Tamil Nadu Act XXXVIII of 1942), re-enacted permanently with specified modification by section 3 of, and the Schedule to, the Tamil Nadu Re-enacting (No.III) Act, 1948 (Tamil Nadu Act IX of 1948) [ (2) The Board of Revenue may of its own motion and shall on a direction from the Substituted by the Adaptation Order of 1950[State] Government, by notification , resume the management and superindence of any endowment made over to a municipal council under sub-section (1) and upon such resumption, all the powers and duties attaching to the council in respect of the endowment shall cease and determine.]

NOTES
S.63; - Power under " 60 MLJ 456;

64. Inventory of municipal property "
Substituted by Tamil Nadu Act XV of 1933 [Executive authority] shall maintain an inventory of all immovable property owned by the municipal council or to which the council has a reversionary right.
(2) A copy of the said inventory shall be deposited in the office of the Revenue Divisional Officer of the division in which the municipality lies, or, where there is no division in the office of the District Collector, and all changes shall be forthwith communicated to, the said officer or Collector.

65. Limitation of power to accept property in trust -
The council may accept trusts relating exclusively to the furtherance of Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [any purpose] to which the municipal fund may be applied.

66. Objects not provided for by this Act. -
The Substituted by the Adaptation Order of 1937 and Adaptation Order of 1950 [State Government] may, Substituted by the Tamil Nadu District Municipalities (Amendment) Act 1930 (Tamil Nadu Act X of 1930) [ with the consent of a municipal council transfer to the council] the management of any institution or the execution of any work not provided for by this Act, and it shall thereupon be Tamil Nadu Act X of 1930 [lawful for the council to undertake such management or execution ];
Provided that in every such case the funds required for such management or execution shall be placed at the disposal of the council by the Substituted by the Adaptation Order of 1937 and Adaptation order of 1950 [State Government].

67. Procedure for acquisition of immovable property under the Land Acquisition Act, 1894 -
Substituted by Tamil Nadu Act 30 of 1970 (1) Any immovable property which any municipal authority is authorized by this Act to acquire may be acquired under the provisions of the Land Acquisition Act, 1894, and on payment of the compensation awarded under the said Act, in respect of such property and of any other charges incurred in acquiring it, the said property shall vest in the council.

NOTES
S.67 " Land Acquired by the government for Municipality at the first instance in the Government and only later Municipality derives title 22 MLJ 445;
Contracts

68. Delegation of authority to contract and contractual powers of persons appointed by Government - A council of the grade specified in column (1) of the Table below may delegate to the chairman or to a committee consisting of two or more members the power of making on its behalf any contract the value or amount whereof does not exceed the sum specified in the corresponding entries in column (2) of that Table "

THE TABLE

GRADES

(1)

MAXIMUM VALUE OF AMOUNT

(2)
(a) Special grade municipalities with an average annual income of more than fifty lakhs of rupees.
(b) Selection grade municipalities with an average annual income of not more than fifty lakhs of rupees but more than twenty-five lakhs of rupees

5,000
I grade municipalities with an average annual income of not more than twenty-five lakhs of rupees but more than ten lakhs of rupees.

4,000
II grade Municipalities with an average annual income of not more than ten lakhs of rupees but more than five lakhs of rupees

3,000
III grade municipalities with an average annual income of not more than five lakhs of rupees

2,000
Provided that the case of municipalities included in Schedule IX or notified under sub-section (1) of section 1 2 "C, the power of making on behalf of the council all contracts shall be exercised by a committee consisting of the chairman, the commissioner and one member of the council elected by it; and the council shall not exercise or delegate the power of making such contracts.
Explanation " The average annual income shall for the purpose of this Table be calculated under General Account Ordinary for three consecutive financial years immediately preceding the financial year in which such calculation is made.]
Substituted by Tamil Nadu Act XXX of 1970 [(2) In respect of a contract the value or amount whereof exceeds the sums specified in column (2) of the Table under sub-section (1), the sanction of the council for the making thereof shall be obtained before the same is made.]
(3) Notwithstanding anything in the two preceding sub-section, any person appointed by the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government] to carry any work into execution on behalf of a municipal council may, subject to such control as the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government] may prescribe, make such contracts as are necessary for the purpose of carrying such work into execution to the extent of the sum provided for such work and the municipal council shall pay to the person so appointed such sums as may be required for the said purpose to the extent aforesaid.

NOTES
S.68 " Section applies to both executory and executed contracts ILR 1939 Mad. 928;
S.68 " Formalities " Entering into contract 1926 MWN 538.
S.68 " Distinction between making a contract and its execution " 45 MLJ 164;
S.68 " Contract " Non compliance of the provisions " Applicability of S 65 of Contract Act 1938 Mad 90
S 68 " Lease granted in pursuance of G.O. " G.O. cannot be challenged by lessee (1991) 1 MLJ 252;
S.68 (1) & (2) " Requirement of contract (1957) 1 MLJ 153
S.68 (1) & (2) " Scope of " 45 MLJ 164;

Inserted by Tamil Nadu District Municipalities (Amendment) Act, 1941 (Tamil Nadu Act X of 1941), re-enacted permanently by section 2 of and the First Schedule to, the Tamil Nadu Re-enacting (No. II) Act, 1948 (Tamil Nadu Act VIII of 1948) [68. A. Rules regarding the conditions on which contracts may be made. -
The power conferred by section 68 to make or sanction contracts shall be subject to such rules as may be prescribed in regard to the conditions on which, and the mode, in which, contracts may be made or sanctioned by or on behalf of municipal councils. ]

69. Mode of executing contracts -
(1) Every contract made, by or on behalf of, a council, where of the value or amount exceeds Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [one hundred rupees] shall be in writing and except in the case of contracts made under the provisions of sub-section (3) of section 68 shall be signed by two municipal councilors.
Added by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933), [Provided that in the case of municipalities included in Schedule IX or notified under sub-section (1) of section 12-C, every such contract shall be signed by the commissioner.
(2) A contract executed or made otherwise than Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1941 (Tamil Nadu Act X of 1941), re-enacted permanently by section 2 of, and the First Schedule to the Tamil Nadu Re-enacting (No. II) Act 1948 (Tamil Nadu Act VIII of 1948). [ in conformity with the provisions of this section, or section 68, and of the rules referred to in section 68-A] shall not be binding on the municipal council.

NOTES
S.69 " Contract " Essentials " (1942) 1 MLJ 554; 46 LW 892; 29 MLJ 360 ;
S.69 " Surcharge " Levy of (1942) 2 MLJ 538;

Substituted by Tamil Nadu Act X of 1930 [70. Establishment of municipal council -
(1) The sanction of the council shall be obtained for all proposals for fixing or altering the number, designations and grades of its officers and servants and the salaries, fees, and allowances payable to them.]
(2) Such proposals shall be taken into consideration by the council only at the instance of the Substituted by Tamil Nadu Act XV of 1933. [executive authority] and the council may sanction them with or without modifications.
Provided that no proposal adversely affecting any municipal officer or servant who has been in the permanent service of the municipality for more than fiver years and is drawing a salary of not less than fifty rupees per mensem, shall be considered except at a special meeting convened for the purpose, and no such proposal shall be given effect to, unless assented to by at least one half of the members then on the council.
Added by the Tamil Nadu District Municipalities (Second Amendment) Act, 1934 (Tamil Nadu Act IV of 1935)[ (3) Notwithstanding anything contained in sub-sections (1) and (2), the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government] shall have power to fix or alter the number, designations, and grades of, and the salaries, fees and allowances payable to, the officers and servants of any municipal council or any class of such officers and servants, and it shall not be open to the municipal council to vary the number, designations, grades, salaries, fees or allowances as so fixed or altered, except with the previous sanction of the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government]

Substituted by Tamil Nadu District Municipalities (Amendment) on Act, 1930 (Tamil Nadu Act X of 1930) [71. The secretary, the health officer and the engineer -
(1) Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [In any municipality which is neither included in Schedule IX not notified under sub-section (1) of section 12-C] a post of secretary may be sanctioned by the council.
(2) Any municipal council, by special resolution may, and every council which during three consecutive years has realized an income of one hundred thousands rupees from ordinary receipts, shall, if so required by the Substituted by the Adaptation Order of 1950 [state government], sanction a post of health officer and a post of municipal engineer.
Inserted by Tamil Nadu District Municipalities and Local Boards (Amendment) Act, 1938 (Tamil Nadu Act XVIII of 1938). [(2-A) Any municipal council which has undertaken the generation, transmission or supply of electrical energy, by special resolution may, and if so required by the Substituted by the Adaptation Order of 1950 [State Government] shall, also sanction by special resolution, one or more posts of assistant municipal electrical engineer.]
(3) The salaries of these officers shall be fixed by the municipal council subject to the approval of the Substituted by the Adaptation Order of 1950 [State Government]
(4) Every secretary, health officer Substituted by the (Tamil Nadu Act XVIII of 1938) [engineer, electrical engineer or assistant electrical engineer] shall devote his whole time to the duties of his office and shall not engage in any other profession, trade or business.]
72. Filling up of the appointment of health officer, engineer or electrical engineer " (1) On the occurrence of a vacancy in, or after the creation of, an office of health officer, Substituted by (Tamil Nadu Act XVIII of 1938 [engineer, electrical engineer, or assistant electrical engineer] an appointment shall be made thereto by the Substituted by the Adaptation Order of 1950 [State Government] within four months form the date on which the vacancy occurred or the office was created or, in the event of any appointment so made by the council not being confirmed by Substituted by the Adaptation Order of 1950 [State Government] within thirty days of the date of the receipt by the council of the orders of the Inserted by Tamil Nadu District Municipalities and Local Boards (Amendment) Act, 1938 (Tamil Nadu Act XVIII of 1938) [ State Government ].
(2) In default of an appointment being made by the council as aforesaid, the Substituted by the Adaptation Order of 1950 [State Government] may appoint a person to hold the officer, and such appointment shall, for all purposes, be deemed to have been made by the municipal council.
(3) Pending the settlement of an appointment under sub-section (1) or (2) the municipal council may appoint a person to hold the office temporarily and may direct that the person so appointed shall receive such salary not exceeding the sanctioned salary of the post as it shall think fit.
Added by Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930). [ (4) No such officer shall be removed from the office except with the consent of the Substituted by the Adaptation Order of 1950 [State Government]. Such consent shall be given if the removal is recommended by a resolution of the council passed at a special meeting called for the purpose and supported by the votes of not less than two-thirds of the sanctioned strength of the council.
Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1935) (Tamil Nadu Act XV of 1933) [
73. Filing up of appointments other than those specified in sections 12-C and 72 " Save as provided in sections 12-C and 72, appointments to all posts under the Municipal council the pay or the maximum pay of which exceed Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1935 (Tamil Nadu Act XV of 1935) [Fifty rupees] per mensem shall be made Substituted by ibid [by a committee consisting of the chairman, the commissioner and one member elected by the council] and appointments to all other posts under the council shall be made by the executive authority, subject to Substituted Tamil Nadu District Municipalities (Amendment) Act, 1934 (Tamil Nadu Act IV of 1935), [ any rules (including rules for the representation of different communities ) which the Substituted by the Adaptation Order of 1950 [State Government] may make in this behalf]
Provided that in case of emergency "
(a) the executive authority may appoint temporarily such officers and servants as may in his opinion be required for the purposes of this Act and the employment of whom for any particular work has not been prohibited by any resolution of the municipal council and
(b) every appointment made under clause (a) shall be reported by the executive authority to the council at its next meeting.]

NOTES
S.73 " Scope of AIR 1970 Mad 479; 1936 Mad 498;
S.73A Substituted by Tamil Nadu Act XXXII of 1985 [ 73-A. Power of State Government to transfer Officers and servants of Municipalities or Corporations " (1) Notwithstanding anything contained in this Act or in any other law for the time being in force, the State Government shall have power "
(a) to transfer any officer or servant of a municipality to the service of the Municipal Corporation of madras constituted under the Madras City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919) or the Municipal Corporation of Madurai Constituted under the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971) or the Municipal Corporation of Coimbatore constituted under the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981) or any other municipal corporation under any law for the time being inforce; or
(b) to transfer any officer or servant of any of the Municipal Corporation referred to in clauses (a) to the service of any municipality; or
(c) to transfer any officer, or servant to any municipality to the service of any other municipality.
(2) The State Government shall have power to issue such general or special directions as they may deem necessary for the purpose of giving due effect to any transfer made under sub-section (1).]

74. Power of council to frame service regulations -
Subject to the Substituted by Tamil Nadu Act X of 1930 [provisions of this Act and any rules which the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government] may make in this behalf] the council may frame regulations in respect of officers and servants on the municipal staff.
(a) fixing the amount and nature of security to be furnished;
(b) prescribing education or other qualifications;
(c) regulating the grant of leave, leave allowances, Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1930 [acting allowances and traveling allowances];
(d) regulating the grant of pensions and gratuities;
(e) establishing and maintaining provident funds and making contribution thereto compulsory;
(f) regulating conduct; and
(g) generally prescribing conditions of service;
Provided "
(i) that the amount of any leave, Substituted by ibid [leave allowances, traveling allowances, pension or gratuity provided for in such regulations] shall in no case without the special sanction of the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government] exceed what would be admissible in the case of Government servants of similar standing and status;
(ii) that the conditions under which such allowances are granted or any leave, superannuation or retirement is sanctioned shall not without similar sanction be more favourable than those for the time being prescribed for such Government servants.

NOTES
S.74 " Employee of Electricity Department of Municipality " Model standing orders to apply for age of retirement. 1968 Lab. I.C. 1567 Madras

75. Power to punish municipal officers or servants -
Subject to the provisions of section 77 and to such control as may be prescribed by the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government] the Substituted by Tamil Nadu Municipalities (Amendment) Act, 1933 (Tamil Nadu At XV of 1933 [executive authority] may Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [censure, fine, withhold promotion from], Added by Tamil Nadu Act VI of 1968[recover the whole or part of any pecuniary loss caused to the municipal council from the pay of,] reduce, suspend, remove or dismiss [ Substituted by of, and the Second Schedule to, the Tamil Nadu Repealing and Amending Act, 1951 (Tamil Nadu Act XIV of 1951 and were inserted by Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)[any officer or servant in the service of the municipality] except a health officer, Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1945 (Tamil Nadu Act XXIII of 1945), re-enacted permanently by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting and Repealing (No.1) Act, 1948 (Tamil Nadu Act VII of 1948), Tamil Nadu District Municipalities and Local Boards (Amendment) Act, 1938 (Tamil Nadu Act XVIII of 1938).[a municipal engineer, a municipal electrical engineer or an assistant municipal engineer] for any breach of departmental rules or discipline, or for carelessness, unfitness, neglect of duty or other misconduct.
Added by section 2 of Tamil Nadu District Municipalities and Local Boards (Second Amendment) Act, 1942 (Tamil Nadu Act XVIII of 1942), re-enacted permanently by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting and Repealing (No.1), Act, 1948 (Tamil Nadu Act VII of 1948). [Provided that a fine shall not be imposed on any municipal officer or servant unless he is bill collector or the holder of a post which is classified by the Substituted by the Adaptation Order of 1950[state]Government as inferior or menial.]

NOTES
S.75: Disciplinary action " Employees " Power " Extent of. (1969) 2 MLJ 379;

76. Power to grant leave to establishment "
The Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] may grant leave to all municipal officers and servants.

Inserted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XII of 1933) [ 76-A. Power of State Government to appoint health officer engineer of electrical engineer.-
Notwithstanding anything contained in this Act "
(a) the Substituted by the Adaptation Order of 1950 [State Government] may, to notification take power to appoint the health officer, These words were substituted by Tamil Nadu District Municipalities (Amendment) Act 1945 (Tamil Nadu Act XXIII of 1945, re-enacted permanently by section 2 of and the First Schedule to, the Tamil Nadu Re-enacting and Repealing (No.1) Act, 1948 (Tamil Nadu Act VII of 1948)[the municipal engineer, the municipal electrical engineer or the assistant municipal electrical engineer] in the case of any municipality or class of municipalities.
(b) the Substituted by the Adaptation Order of 1950 [State Government] may recover from the municipal council concerned the whole or such proportion of the salary and allowances paid to any such health officer, Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1945 (Tamil Nadu Act XXIII of 1945), re-enacted permanently by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting and Repealing (No.1) Act, 1948 (Tamil Nadu Act VII of 1948). [engineer, electrical engineer or assistant electrical engineer] and such contribution towards his leave allowances, pension and provident fund as the Substituted by Adaptation Order of 1950 [State Government] may, by general or special order, determine.
(c) the Substituted by Adaptation Order of 1950 [State Government] may, at any time, withdraw any such health officer, Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1945 (Tamil Nadu Act XXIII of 1945), re-enacted permanently by (Tamil Nadu Act VII of 1948).[ engineer, electrical engineer or assistant electrical engineer] and appoint another in his place and
(d) the Substituted by Adaptation Order of 1950 [State Government] shall have power to regulate the methods of recruitment, conditions of service, pay and allowances and discipline and conduct of the health officers, Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1945 (Tamil Nadu Act XXIII of 1945), re-enacted permanently by (Tamil Nadu Act VII of 1948).[ engineer, electrical engineer or assistant electrical engineer] and appointed under clause (a).]

NOTES
S.76-A " Disciplinary action " Suspension " Reinstatement " Wages " Claims of Authority from State " (1961) 2 MLJ 315;

77. Special provisions regarding Government servants lent to council. -
(1) The Substituted by Adaptation Order of 1950 [State Government] may, on the application of any municipal council, place the services of any Government servant Inserted by the Adaptation Order of 1937 [employed in connexion with the affairs of the Substituted by Adaptation Order of 1950 [State] at the disposal of the council to be employed by it for the purposes of this Act. The council shall pay any Government servant so employed the salary he may be entitled to receive under the rules of the branch of Government service to which he belongs, and shall Substituted by the Adaptation Order of 1950 [also make any contribution towards the pension and leave allowances of such servant as may be required by the conditions of his service under the Substituted by Adaptation Order of 1950[Government] to be paid by him or on his behalf].
(2) If such servant, while employed by the municipal council or if any other servant of the council does any work for Substituted by Adaptation Order of 1950[the state Government] shall contribute to the municipal fund so much of the salary of such servant as the Substituted by Adaptation Order of 1950[State Government] may consider to be an equivalent for such work.
Substituted by the Tamil Nadu District Municipalities and Local Boards (Amendment) (Tamil Nadu Act XII of 1942), re-enacted permanently by (Tamil Nadu Act VII of 1948).[(3) No Government servant employed by a municipal council shall be dismissed or removed from such employment "
(a) in case he is employed as a medical officer, without the consent of the Substituted by Adaptation Order of 1950[ State Government] and
(b) in any other case, without the consent of the Substituted by Adaptation Order of 1950[ State Government] or until three months notice in writing to that effect shall have been given to the chief controlling authority of the branch of the Government service to which the Government servant belongs.]
(4) No Government servant employed by a municipal council shall, except in cases of emergency, be withdrawn from the service of the council without the consent of the municipal council, unless and until the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government] shall have given three months' notice in writing to that effect to the municipal council or unless some other Government servant has been deputed to replace the one withdrawn.
(5) Government servants employed by municipal councils shall be entitled to leave and other privileges in accordance with the regulations applicable to the department of the general administration to which they belong.

Added by the Tamil Nadu District Municipalities (Amendment) Act 1930 (Tamil Nadu Act X of 1930) [77-A. Provincialization of any class of municipal officers or servants -
(1) Notwithstanding anything contained in this Act, the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government] may by notification constituted any class of officers or servants of municipal councils into a municipal service for the State of Tamil Nadu:
Provided that no notification shall be issued under this sub-section "
(i) unless all the municipal councils constituted under this Act have been consulted in respect thereof and
(ii) unless a majority of the councils so consulted have passed a resolution supporting such issue.
(2) Upon the issue of a notification under sub-section (1), the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government] or in such other authority or authorities as may be prescribed therein.]

Inserted by Tamil Nadu Act by LXV of 1986 [77-A. A Teachers (including Headmasters) and other persons employed in connection with the municipal schools to be Government servants -
(1) Notwithstanding anything contained in this Act, or in any other law for the time being in force, on and from the 1st June, 1986 "
(a) all teachers (including Headmasters) and
(b) all officers and servants of the municipal councils, employed in connection with the municipal schools shall become whole-time Government servants.
(2) Notwithstanding anything contained in this Act and subject to the provisions of Article 311 of the Constitution, the State Government may make rules regarding the conditions of service of the teachers (including Headmasters) and other persons referred to in sub-section (1)].

Inserted by Tamil Nadu District Municipalities (Second Amendment) Act, 1944 (Tamil Nadu Act XIX of 1944), re-enacted permanently by section 2 of and the First Schedule to, the Tamil Nadu Re-enacting (No.II) Act, 1948 (Tamil Nadu Act VIII of 1948). [ 77-B. Management of certain municipal colleges and appointment of staff, etc., thereto -
Notwithstanding anything contained in this Act, where a college maintained by a municipal council is affiliated to a University, the management of the college shall, if the laws of the University so require, vest in a governing body constituted in accordance with such laws and such governing body shall exercise in relating to the members of the teaching staff and the establishment of the college all powers of appointment, control and punishment, which by or under the Act vest in the committee referred to in section 73 or in the executive authority.]

PART III

CHAPTER VI

TAXATION AND FINANCE

78. Enumeration of ordinary taxes and powers of control of State Government -
(1) Every municipal council may levy,
(a) Property tax;
Omitted and re-lettered by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu X of 1930) [ (b) ] a profession tax;
Omitted and re-lettered by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu X of 1930) [ (c) ] a tax on carriages and animals;
Omitted and re-lettered by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu X of 1930) [ (d) ] a tax on carts.
Omitted by (Tamil Nadu Act III of 1931) [ (e) ***********]
(2) A hill station municipal council may also levy a tax on servants.
(3) Any resolution of a municipal council determining to levy a tax Omitted by ibid shall specify the rate at which any such tax Omitted by ibid shall be levied and the date from which it shall levied.
Provided that before Substituted by Tamil Nadu District Municipalities (amendment) Act 1930 (Tamil Nadu Act X of 1930) [passing] a resolution imposing a tax Omitted by ibid for the first time or increasing the rate of an existing tax Omitted by ibid, the council Substituted by Tamil Nadu District Municipalities and Local Boards (Second Amendment) Act, 1944 (Tamil Nadu Act XVIII of 1944), re-enacted permanently by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting and Repealing (No.1) Act, 1948 (Tamil Nadu Act VII of 1948) [shall publish a notice in at least once vernacular newspaper, on the notice board of the municipal office and in such other places within municipal limits as may be specified by the council and by beat of drum, of its intention], fix a reasonable period not being less than one month for submission of objections and consider the objections, if any, received within the period specified.
Provided also that any resolution abolishing an existing tax Omitted by Tamil Nadu Motor Vehicles Taxation Act 1931, (Tamil Nadu Act III of 1931) or reducing the rate at which a tax Omitted by Tamil Nadu Motor Vehicles Taxation Act 1931, (Tamil Nadu Act III of 1931) is levied shall be immediately reported to the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government] and in municipalities which have an outstanding loan either from the Government or from the public or any other local body such abolition or reduction shall not be carried into effect without the sanction of the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government];
Added by Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930 [Provided also that, where any resolution under this section has taken effect for a particular year, no proposals to alter the rates or date fixed in such resolution so far as that year is concerned shall be taken into consideration by the council.]

NOTES
S.78 " Property Tax " Assessment of " Validity of (1959) 2 MLJ 92;
S.78 " Tax and Licence " Distinction 1930 Mad 55;
S.78 ;Education Tax "Jurisdiction of court 1936 Mad 857;
S.78 " Tax " Refund of " By law cannot restrict the right. 1930 MAD 648;
Inserted by Tamil Nadu Municipalities and local Boards (Amendment) Act, 1945 (Tamil Nadu Act XX of 1945), re-enacted permanently by section 2 of, and the First Schedule to, the Tamil Nadu re-enacting and Repealing (No. 1 ) Act, 1948 (Tamil Nadu Act VII of 1948)[
78-A. Duty on transfers of property " In every municipality, a duty shall be levied on certain transfers of property in accordance with the provisions hereinafter contained in this Act.]

79. Special taxation "
With the previous sanction, of the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government] and the Substituted by the Adaptation Order of 1937[Central Government] "
Omitted by ibid[(a) **********]
(b) a tax on persons Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)[traveling by railway from any station notified under section 116 in or near the municipality] may be levied by the council of any municipality which is resorted to by pilgrims;
Added by ibid [ Provided that no portion of the proceeds of any tax levied under clause (b) shall be expended for purposes other than making arrangements for the health and comfort of the pilgrims or the improvement or development of the municipal area.]

80. Notification of new taxes.-
When a municipal council shall have determined subject to the provisions of section 78 to 79 to levy any tax omitted by the Tamil Nadu Motor vehicles Taxation Act, 1931 (Tamil Nadu Act III of 1931) for the first time or at a new rate, the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] shall forthwith publish a notification in the district gazette and by beat of drum specifying the rate at which the date from which and the period of levy, if any, for which such tax Omitted by Tamil Nadu Motor Vehicles Taxation Act, 1931 ( Tamil Nadu Act III of 1931) shall be levied.]

NOTES
S.80; - Tax " Levy of " procedure 62 MLJ 175;
S.80; Tax " Increase of procedure 61 MLJ 642;
Inserted by the Adaptation Order of 1937 [
80-A. Saving for certain provision of the Constitution " Nothing in this part of this Act shall authorize a municipal council to levy any tax which the Substituted by the Adaptation Order of 1950 [State] Legislature has no power to impose in the Substituted by the Adaptation Order of 1950 [State] under Substituted by the Adaptation (Amendment) Order or 1950 [the Constitution];
Provided that a municipal council which immediately before the commencement of Substituted by ibid [the constitution] was lawfully levying any such tax under this part of this Act as then in force may continue to levy that tax until provision to the contrary is made by Substituted by the Adaptation (Amendment) Order of 1950 [Parliament by law.]

81. Description and classes of property tax. "
Substituted by Tamil Nadu Act X of 1930 [(1) If the council by resolution determines that a property tax shall be levied, such tax shall be levied on all buildings and lands within municipal limits 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 to provide for expenses connected with the construction, maintenance, repair, extension, or improvement of water or drainage works heretofore provided or hereafter to be provided.
(c) a lighting tax to provide for expenses connected with the lighting of the municipality by gas or electricity.
(d) a scavenging tax to provide for expenses connected with the removal of rubbish, filth or the carcasses of animals from private premises; and
(e) a railway tax to be used solely for or to further the construction and maintenance of railways.
Provided that where the water and drainage tax is levied, the municipal council shall declare what proportion of the tax is levied in respect of water-works and the remainder shall be deemed to be levied in respect of drainage works and the proportion to declared shall also be specified in the notification published under section 80;
Provided further that the railway tax shall not be levied unless its levy is determined by a resolution of the municipal council supported by not less than three-fourths of the members present at a meeting specially convened in that behalf, such resolution being confirmed after a period of six months by a like majority at a like meeting and sanctioned by the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950) [ State Government]
Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1955 (Tamil Nadu Act XX of 1955), [ (2) Save as otherwise provided in this Act, these taxes shall be levied at such percentages of the annual value of buildings, or lands which are occupied by or adjacent and appurtenant to, buildings or both, as may be fixed by the municipal council, subject to the provisions of section 78;
Inserted Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) was altered Tamil Nadu District Municipalities (Second Amendment) Act, 1946 (Tamil Nadu Act VI of 1946), re-enacted permanently by section 2 of and the First Schedule to, the Tamil Nadu Re-enacting and Repealing (No.1) Act, 1948, Tamil Nadu Act (VII of 1948). [(3) (a) Substituted by ibid [Save as otherwise provided in clause (b) the municipal council shall, in the case of lands] which are not used exclusively for agricultural purpose and are not occupied by, or adjacent and appurtenant to, buildings, levy these taxes at such percentages of the capital value of such lands or at such rates with reference to the extent of such lands as it may fix;
Provided that such percentages or rates shall not exceed the maxima, if any, fixed by the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950)[State Government] and that the capital value of such land shall be determined in such manner as may be prescribed.]
Added by Tamil Nadu District Municipalities (Second Amendment) Act, 1946 (Tamil Nadu Act VI of 1946), re-enacted permanently by section 2 of, and the First Schedule to the Tamil Nadu Re-enacting and Repealing (No.1) Act, 1948 (Tamil Nadu Act VII of 1948). [ (b) In the case of railway lands which are not used exclusively for agricultural purposes and are not occupied by or adjacent and appurtenant to, buildings, the municipal council shall levy these taxes on the annual value of such lands, and the Substituted by the Adaptation Order of 1950 [State] Government shall have power to make rules regarding the manner in which the person or persons by whom and the intervals at which, the annual value of such lands shall be estimated or revised, and they may also by such rules, restrict or modify the application of the provisions contained in Schedule IV to such lands.]
Inserted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 [ (4) Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1955 (Tamil Nadu Act XX of 1955 [(a) The municipal council shall, in the case of lands used exclusively for agricultural purposes, levy these taxes at such proportions as it may fix, of the annual value of such lands as calculated in accordance with the provisions of section 79 of the Tamil Nadu District Boards Act, 1920 (Tamil Nadu Act XIV of 1920):
Provided that the proportion shall not exceed the maximum, if any fixed by the State Government.
(b) If such lands be occupied by tenants, the municipal council shall levy the taxes in equal shares, from the land-holder and the tenant respectively.]

NOTES
S.81 " Tax " Imposition of " condition precedent " strictly complied with " 57 MLJ 471;
S.81 " Subsequent to levy of tax " exemption from tax " Refund " whether can be claimed (1943) 1 MLJ 150;
S.81 " Exemption " when can be claimed " AIR 1941 MAD 185;
S.81 " Spontaneous growth of shrubs in vacant land " tax " whether leviable " (1949) 2 MLJ 629;
S.81 " Assessment " whether correct " Extent and power of court " (1948) 2 MLJ 111
S.81 " Property owned by an incorporated Company wholly owned by Union of India is liable to pay property tax " 1974 TLNJ 424.
S.81 (3) " Land belonging to Railway company Capital and Annual value of land " levy of tax " validity of (!941) 2 MLJ 189;
S.81 (4) " "Lands exclusives used for agricultural purposes" a meaning of " (1946) 1 MLJ 138;
S.81 (4) " Two modes of assessment " Right of Assessing Authority to chose " (1949) 1 MLJ 508;
S.81 (4) " Landlord and Tenant " Assessment of (1945) 2 MLJ 244;

Inserted by Tamil Nadu District Municipalities (Amendment) Act, 1944 (Tamil Nadu Act VII of 1944), re-enacted permanently by section 2 of , and the First Schedule to the Tamil Nadu Re-enacting and Repealing (No.1) Act, 1948 (Tamil Nadu Act VII of 1948). [81-A. Levy of property tax on a direction by Government -
(1) The Substituted by the Adaptation Order of 1950 [State] Government may by order published in the Official Gazette direct any municipal council to levy the property tax referred to in sub-section (1) of section 78 or any class of such tax, at such rate and with effect from such date (not being earlier than the first day of the half-year immediately following that in which the order is published) as may be specified I the order.
(2) When an order under sub-section (1) has been published, the provisions of this Act relating to property tax shall apply as if the municipal council has on the date of publication of such order by resolution determined to levy the tax at the rate and with effect from the date specified in the order and as if no other resolution of the council under section 78 determining the rate at which specified in the order and the date from which property tax shall be levied had taken effect.
(3) A municipal council shall not alter the rate at which the property tax or any class of such tax is levied in pursuance of an order under sub-section (1) or abolish such tax except with the previous sanction of the Substituted by the Adaptation Order of 1950 [State Government]

82. Method of assessment of property -
(1) Every building shall be assessed together with its site and other adjacent premises occupied as an appurtenance thereto 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 reasonably be excepted to let from month to month or from year to year Substituted by the Tamil Nadu City Municipal and District Municipalities (Amendment) Act, 1944 (Tamil Nadu Act III of 1944) [less a deduction in the case of buildings, of ten per cent of that portion of such annual rent which is attributable to the buildings alone, apart from their sites and adjacent lands occupied as an appurtenance thereto;] and the said deduction shall be in lieu of all allowance for repairs or on any other account whatever;
Provided that "
Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [ (a) in the case of
(i) any Government or railway building , or]
(ii) any building of a class not ordinarily let the gross annual rent of which cannot, in the opinion of the Substituted Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority], be estimated,
The annual value of the premises shall be deemed to be six per cent, of the total of the estimated value of the land and the estimated cost of erecting the building after deducting for depreciation a reasonable amount which shall in no case be less than ten per centum of such cost, Omitted by Tamil Nadu Act XXI of 1974
Inserted, ibid. [ (aa) in the case of any building in industrial estate wherein essential amenities including water-supply, drainage and lighting are not provided by the municipality but provided by the Industries Department of the State Government or by any other authority under the control of the State Government, the annual value of building shall be deemed to be four per cent of its capital value;
Provided that if any question arises whether for the purposes of this clause, essential amenities are provided by the Industries Department or other authority, it shall be decided by such authority as may be prescribed.
Explanation " For the purposes of this clause, " Industrial estate" means any are selected and developed by the State Government or developed by any other authority under the control of the State Government and where any industry or a class of industry are accommodated, and]
(b) machinery Inserted by Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [ and furniture] shall be excluded from valuations under this section.
Added by Madras City Municipal and District Municipalities (Second Amendment) Act, 194 (Tamil Nadu Act XXXVI if 1942), re-enacted permanently by S.2 of and the First Schedule to, the Tamil Nadu Re-enacting and Repealing (No.1) Act, 1948 (Tamil Nadu Act VII of 1948)[(3) The Substituted by the Adaptation Order of 1950 [State] Government shall have power to make rules regarding the manner in which the person or persons by whom and the intervals at which, the value of the land, the present cost of erecting the building and the amount to be deducted for depreciation, shall be estimated or revised, in any case or class of cases to which clause (a) Inserted by Tamil Nadu Act XXI of 1974 [ or clause (aa)] of the proviso to sub-section (2) applies, and they may, by such rules, restrict or modify the application of the provisions contained in Schedule IV to such case or class of cases.]

NOTES
S.82;(2) " Fixation of annual value AIR 1971 SC 353;
S.82 (2) " Fixation of annual value " tests 91 LW 61.
S.82 (2) " Property tax levy of " real basis 1972 TLNJ 640; 1969 (2) MLJ 495
S.82 " Fixation of annual rental value " Duty of Assessing Authority " (1972) 1 MLJ 322;
S.82 " Property tax " Assessment of " Fair rent fixed under Rent Control Act " Failure to take into account " Tax not sustainable. (1993) 2 MLJ 262;
S.82 ; Lodging house with furniture let out " Rent control Not applicable " Assessment of annual value " Assessing Authority " Duty of (1993) 2 MLJ 262;
S.82; Reasonable rental value (1955) 2 MLJ 467;
S.82; Tax paid by mistake " Recovery of (1958) 1 MLJ 217
S.82 " Annual value " meaning of " absence of fixation of fair rent " principle of Rent Control Act to be applied " Failure to set out reasons to enhancement " Validity of assessment (1994) Writ LR 805;
S.82 " Rental value cannot be more than standard rent fixed. (1962) 3 SCR 49
S.82 -Basis of tax " Not leased on the value of the property " Scheme of the section is different from English law. (1969) 2 MLJ 495;
S.82 " "Machinery and "Furniture" "meaning of " Tax " Computation of (1975) 1 MLJ 59;
S.82 "(2) " Annual value of lands and Buildings " Contractors method had first instance " Property, see 1976 TLNJ 295 (Full Bench) this decision was over ruled.
S.82 (2) " Property tax " Assessment of " Procedure 1977 TLNJ 161; 1978 1 MLJ 121 See section 354
S.82 (2) " Cost of construction of compound wall " Annual value " fixation of " Relevant. (1941) 2 MLJ 1093
S.82 (2) " Repairs " computation of (1943) 2 MLJ 431;
S.82(2) " Rent " Fee " Tax " basis of (1959) 2 MLJ 92;
S.82 (2) " Fixation of Fair Rent " estimate of property tax " valuation of " (1982) 2 MLJ 191;
S.82 (2) " Municipality fails to take note fair rent " validity of assessments " (1981) 1 MLJ 197;
S.82 (2) " Method of arriving at the annual value " Scope of section. (1944) 2 MLJ 25;
S.82 (2) " Executive Authority " Duty " power (1973) 2 MLJ 116; (1955) 2 MLJ 369;
S.82 (2) " Test " whether a building not ordinarily let. 90 LW 36;
S.82 (2) Tax " Assessment of " Fair rent fixed later effect of. 70 LW 19 ;

83. General exemptions -
Renumbered by Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [ (1) the following buildings and lands shall be exempt from the property tax " Substituted by the Tamil Nadu City Municipalities and Local Boards (Amendment) Act, 1939 (Tamil Nadu Act XXI of 1939) [ (a) places set apart for public worship and either actually so used or used for not other purpose;]
(b) choultries for the occupation of which no rent is charged and choultries the rent charged for the occupation of which is used exclusively for charitable purpose;
(c) Omitted by Tamil Nadu Act XVII of 1990 public buildings and places used for the charitable purpose of sheltering the destitute or animals and libraries and playgrounds which are open to the public;
(d) such ancient monuments protected under the Ancient Monuments Preservation Act, 1904 or parts thereof as are not used as residential quarters, or as public offices;
(e) charitable hospitals and dispensaries;
(f) such hospitals and dispensaries maintained by railway administrations as may from time to time be notified by the Substituted by the Adaptation Order of 1950 (State) Government;]
Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [ Clauses (c), (d) and (e) were re-lettered as clauses (g), (h) and (i) respectively by the Madras City Municipal, District Municipalities and Local Boards (Amendment) Act, 1939 (Tamil Nadu Act XII of 1939) (g)] burial and burning grounds included in the book kept at the municipal office under section 281;]
Clauses (c), (d) and (e) were re-lettered as clauses (g), (h) and (i) respectively by the Madras City Municipal, District Municipalities and Local Boards (Amendment) Act, 1939 (Tamil Nadu Act XII of 1939) [(h) buildings or lands belonging to the municipal council;
Substituted by the Tamil Nadu City Municipalities and Local Boards (Amendment) Act, 1939 (Tamil Nadu Act XXI of 1939) [ (i) any irrigation work vesting in the Substituted by the Adaptation Order of 1950 [Government] lands set apart free for recreation purposes; and all such other Substituted by the Adaptation Order of 1950 [Government] property [being neither buildings nor land from which in the opinion of the Substituted by A.O. of 1950 [state] government any income could be derived) as may from time to time be notified by the Substituted by A.O. of 1950 [state] government;]
Inserted by the Tamil Nadu City Municipal District Municipalities and Local Boards (Amendment) Act, 1939 (Tamil Nadu Act XXI of 1939) [ Provided that nothing contained in clauses (a), (c) and(e) shall be deemed to exempt from property tax any building or land for which rent is payable by the person or persons using the same for the purposes referred to in the said clauses.]
Inserted by Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [Explanation " The exemption granted under this section shall not extend to residential quarters attached to schools and colleges not being hostels or to residential quarters attached to hospitals, dispensaries and libraries.]
Added by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [ (2) The water and drainage tax shall not be levied on any land used exclusively for agricultural purposes and not deriving any benefit from the water or drainage works on account of which the tax is imposed.]
Added by Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930). [ (3) The municipal council may with the previous sanction of the Substituted by the Adaptation Order of 1950 [State Government] exempt any particular part of a municipality from the payment of the whole or a portion of the water and drainage tax or of the lighting tax on the ground that such area is not deriving full benefit from the water-supply and drainage or from the lighting system.]
Added by Tamil Nadu Act X of 1930 [ (5) The municipal council may by a general resolution exempt any building or land from the property tax "
(i) if the annual value of the same does not exceed a sum specified in the said resolution, such sum not being greater than Substituted by Tamil Nadu Act XVII of 1990 [one hundred and eighteen rupees] and
(ii) the proprietor does not own any other building or land assessed to the property tax and is not liable to profession or income- tax.

NOTES
S.83 " Exemption of tax " choultry ceased to be one not available (1938) 2 MLJ 639;
S.83 " Shops and stall in temples " when taxable (1942) 2 MLJ 269;
S.83 " Applicability of (1941) 1 MLJ 338;
S.83 " "Chavadi" " meaning of " 1933 M 782;
S.83 (1) (a) " temple for a particular community " whether entitled to exemption (1981) 2 MLJ 199;
S.83 (1) (b) " The language of this section is explicit and must be strictly construed (1968 2 AN W.R. 404.
Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [
84. Taxation to be uniform - (1) The rate of any class of property tax on lands when levied on their annual value Inserted by Tamil Nadu District Municipalities (Amendment) Act, 1955 (Tamil Nadu Act XX of 1955) [under section 81, sub-section (2) ] may be lower than the rate of the same class of property tax on buildings but either rate shall be uniform throughout the municipal area on all buildings or on all lands liable to be taxed on their annual value as the case may be.
Provided that the aggregate property tax leviable in the case of lighthouses, piers, wharves, jetties and passenger sheds, latrines, cart-stands, retiring rooms and platforms belonging to a railway administration shall not exceed 4 per cent of their annual value.
(2) The rate of any class of property tax shall be uniform throughout the municipal area on all lands liable to be taxed on their capital value.]

85. Property tax a first charge on property "
The property tax on buildings and lands shall, subject to the prior payment of land revenue, if any, due to the Government thereon, be a first charge upon the said buildings or lands and upon the movable property, if any, found within or upon the same and belonging to the person liable to such tax.

NOTES
S.85 " Charge " Enforcement of " period of limitation . 41 LW 457;
Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [
86. Property tax when payable " The property tax shall be levied every half-year and shall, save as otherwise expressly provided in Schedule IV, be paid by the owner of the assessed premises within thirty days after the commencement of the half-year.]

NOTES
Owner " Who is ? AIR 1939 MAD. 946
Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [
87. Vacancy remission - (1) When any building whether ordinarily let or occupied by the owner himself has been vacant and unlet for thirty or more consecutive days in any half-year, the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] shall remit so much, not exceeding one-half of such portion of the tax as relates to the building only as is proportionate to the number of days during which the building was vacant and unlet in the half-year.]
(2) Every demand for remission under sub-section (1) shall be made during the half-year in respect of which the remission is sought or in the following half-year and not afterwards.
Substituted by the Tamil Nadu District Municipalities (Second Amendment) Act, 1934 (Tamil Nadu Act IV of 1935) [ (3) (a) No demand for such remission shall be entertained unless the owner of the building or his agent has previously thereto delivered notice to the executive authority "
(i) that the building is vacant and unlet; or
(ii) that the building will be vacant and unlet from a specified date either in the half-year in which notice is delivered or in the succeeding half-year.
(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 on which the building became vacant and unlet, whichever is later.
(ii) if remission is sought in respect of the half-year succeeding that in which the notice delivered, 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 unlet, which ever is later.
(c) Every notice under clause (a) shall expire with the half-year succeeding that during which it is so delivered, and shall have not effect thereafter.]

NOTES
Remission of Tax " Portion of Building vacant " Rights to claim " (1954) 2 MLJ 556;
Vacant " when amounts to " (1943) 2 MLJ 183;

88. Obligation of transferor and transferee to give notice of transfer. -
(1) Whenever the title of any person primarily liable to the payment of property tax on any premises to or over such premises is transferred, the person whose title is transferred, and the person to whom the same shall be transferred shall within three months after the execution of the instrument of transfer or after its registration if it be registered or after the transfer is effected, if no instrument be executed, give notice of such transfer to the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority]
(2) In the event of death of any person primarily liable as aforesaid the person to whom the title of the deceased shall be transferred, as heir or otherwise shall give written notice of such transfer to the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] any documents evidencing the transfer or succession.
(4) Every person who makes a transfer as aforesaid without giving such notice to the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] shall in addition to any other liability which he incurs through such neglect, continue liable for the payment of property tax assessed on the premises transferred until he gives notice or until the transfer shall have been recorded in the municipal registers but nothing in this section shall be held to affect "
(a) the liability of the transferee for the payment of the said tax, and
(b) the prior claim for the municipal council under section 85;

NOTES
Common owner " More than one owner " Right of Municipality to collect Tax " 30 M 423;
Transferors' liability " when arises " (1961) 1 MLJ 242;
Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)[
89. Owner's obligation to give notice of construction, reconstruction or demolition of building " (1) (a) If any building in a municipality is constructed, or reconstructed, the owner shall give notice thereof to the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] within fifteen days from the date of completion or occupation of the building, whichever is earlier.
(b) If such date falls within the last two months of half-year, the owner shall, subject to notice being given under clause (a), be entitled to a remission of the whole of the tax or enhanced tax, as the case may be, payable in respect of the building only for that half-year.
(c) If such date falls within the first four months of a half-year, the owner shall, subject to notice being given under clause (a), be entitled to a remission of so much not exceeding a half of the tax or enhanced tax, as the case may be, payable in respect of the building only, for that half-year, as is proportionate to the number of days in that half-year preceding such date.
(2) (a) If any building in a municipality is demolished or destroyed, the owner shall, until notice thereof is given to the Substituted by Tamil nadu Act XV of 1933 [executive authority] be liable for the payment of the property tax which would have been leviable had the building not been demolished or destroyed.
(b) If such notice is given within the first two months of a half-year, the owner shall be entitled to a remission of the whole of the tax payable in respect of the building only for that half-year.
(c) If such notice is given within the last four months of a half-year, the owner shall be entitled to a remission of so much not exceeding 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 Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1938 (Tamil Nadu Act XII of 1938)[half-year succeeding] the demolition or destruction as the case may be.]

NOTES
Notice " What amounts to " (1988) 2 MLJ 384;
Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)
90. Remission of tax in areas included or excluded in the middle of a half-year. - (1) If any area is included within a municipality the owner of every building or land in such area shall "
(a) if the date of such inclusion falls within the last two months of a half-year, not be liable to pay any property tax in respect thereof for that half-year, and
(b) if such date falls within the first four months of a half-year, be entitled to a remission of so much not exceeding a half of the property tax payable in respect thereof for that half-year, as is proportionate to the number of days in that half-year preceding' such date.
(2) If any area is excluded form a municipality the owner of every building or land in such area shall be entitled "
(a) if the date of such exclusion falls within the first two months of a half-year, to a remission of the whole of the property tax payable in respect thereof, for that half-year, and
(b) if such date falls within the last four months of a half year, to a remission of so much not exceeding a half-year of the property tax payable in respect thereof for that half-year, as is proportionate to the number of days in that Substituted by Tamil Nadu Repealing and Amending Act, 1938 (Tamil Nadu Act XIII of 1938) [half-year succeeding such date.]
(3) No remission shall be granted under sub-section (2) in respect of any building or land unless an application for such remission is made to the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority ] within three months from the date of the exclusion of the area in which the building or land is situated.]

91. Power of executive authority to call for information and to enter upon premises. "
(1) For the purpose of assessing the property tax, the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] may, by notice, call on the owner or occupier of any land or building to furnish him, Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)[within thirty days after the service of the notice, where the notice is served upon the Government, a railway administration or a company and within seven days after such service in other cases,] with returns of the rent payable for the land or building; the cost of erecting the building and the measurements of the land Inserted by Section 69 (b) ibid [and with such other information as the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] may require; ] and every owner and occupier on whom such notice is served shall be bound to comply with it and to make a true return to the best of his knowledge or belief.
(2) For the purpose aforesaid the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] may enter, inspect, survey and measure such building or land, after giving twenty " four hours notice to the owner or occupier.
Omitted by section 70, ibid. [ *******]
Omitted by section 70, ibid. [92. *******]
Repealed by Sec. 31 of Tamil Nadu Act 24 of 1992 [ Sec. 93 to 97]
Tax on carriages and Animals

98
.
Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [ (1) General provisions regarding tax on carriages and animals. - If the council by a resolution determines that a tax on carriages and animals shall be levied, the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] shall levy the said tax half-yearly on carriages and animals kept Inserted by (Tamil Nadu Act XXXVIII of 1942), modifications by Tamil Nadu Act IX of 1948 [or used] within the municipality which are of the kinds specified in Schedule IV,]
(2) The rates of the tax shall be determined by the council, provided always that they shall not exceed the maxima laid down in Schedule IV.

NOTES
Motor Bus " Liable for tax " when " 53 MLJ 374;
"Letting out for hire" and "Plying for hire" " Difference " 1953 Mad. 697;

99. Liability to tax according to period for which carriage or animal has been kept "
(1) Every person having possession, custody or control of any taxable carriage or animal shall be liable for the full half-yearly tax if the carriage or animal has been kept Inserted by (Tamil Nadu Act XXXVIII of 1942) modifications to Tamil Nadu Act (IX of 1948) [or used] The words ˜or let out for hire' omitted by Tamil Nadu District Municipalities (Amendment) Act, 1930, (Tamil Nadu Act X of 1930) within the municipality for an aggregate period of not less than sixty days in the half-year.
(2) If such aggregate period exceeds fifteen days but is less than sixty days moiety only of the half-yearly tax shall be leviable.
(3) If such aggregate period does not exceed fifteen days, not tax Substituted by ibid [shall be leviable] for the half-year.
(4) Every person having possession, custody or control of any taxable carriage or animal within the municipality shall, until the contrary is shown be presumed to have kept Inserted by (Tamil Nadu Act XXXVIII of 1942) modifications to Tamil Nadu Act (IX of 1948) [or used] the same within the municipality for sixty days in the half-year.
Inserted by (Tamil Nadu Act XXXVIII of 1942) modifications to Tamil Nadu Act (IX of 1948) [(5) Notwithstanding anything contained in sub-sections (1) and (2), no person shall be liable "
(a) to pay tax to the municipality during any half-year on account of any carriage or animal in respect of which the full tax for the same half-year has already been paid to the municipality by some other person; or
(b) to pay to the municipality on account of any carriage or animal in respect of which tax has already been paid to any other municipality or any [local board Presently T.N. Act 21/94 See Secs. 254 and 255 or Cantonment Board, whether under this Act the Madras City Municipal Act, 1919, the Tamil Nadu Local Boards Act, 1920 Presently T.N. Act 21/94 See Secs . 254 and 255 or the Cantonments Act, 1924, more than the excess, if any, of the tax payable in the municipality in respect of such carriage or animal, over the tax already paid to the other municipality Presently T.N. Act 21/94 See Secs . 254 and 255 [the local board] or Cantonment Board, as the case may be.]

100. Exemptions "
The carriage and animal tax shall not be levied on "
(a) carriages and animals belonging to Substituted by the Adaptation Order of 1937 Substituted by Adaptation Order of 1950 [the Government] and used for military purposes;
(b) carriages and animals kept solely for sale by carriage-makers and dealers;
(c) carriages which have been under repair or standing at a carriage-maker's during the whole of the half-year;
The original Clauses (d) and (e) were omitted and the original clause (f) re-lettered as clause (d) by Tamil Nadu District Municipalities (Third Amendment) Act, 1942 (Tamil Nadu Act XXXVIII of 1942) (Tamil Nadu Act IX of 1948). [(d) animals which during the whole of the half-year have been kept in any institution for the reception of infirm animals or which are certified by a veterinary surgeon to have been unfit for use during the whole of the half-year.
Omitted by Tamil Nadu District Municipalities (Third Amendment) Act, 1942 (Tamil Nadu Act XXXVIII of 1942),

101. Composition
" With the sanction of the council or in accordance with regulations framed by that body, the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] may compound, for any period not exceeding one year, with any livery-stable keeper or other person keeping carriages and animals for sale or hire, for a certain sum to be paid in lieu of the carriage and animal tax.

102. Forms to be sent to and returned by tax-payers -
(1) The Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] shall sent to every person supposed to have become liable to the payment of the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 [tax on carriages and animals] a printed table to be filed up with such information respecting the carriages and animals kept Inserted by Tamil Nadu Act XXXVIII of 1942 modified by the Tamil Nadu Re-enacting (No.III) Act, 1948 (Tamil Nadu Act IX of 1948)[or used] by his as the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] considers necessary for the assessment of the tax.
(2) Such table shall be filled up with such information in writing and signed and dated, and returned within one week of its receipt to the municipal office by the person to whom it has been sent.
Sub-section added by the Tamil Nadu District Municipalities (Amendment) Act 1930 (Tamil Nadu Act X of 1930) [ (3) On the expiry of the period of one week referred to in sub-section (2), the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] 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 Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] such person is liable on account of the tax on carriages and animals.]

103. Grant of licence on payment of tax. -
When any person pays the amount of tax due in respect of any carriage or animal, the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] shall grant him a licence to keep kept Inserted by Tamil Nadu Act XXXVIII of 1942 modified by the Tamil Nadu Re-enacting (No.III) Act, 1948 (Tamil Nadu Act IX of 1948)[or used] such carriage or animal for the period to which the payment relates.

NOTES
"Kept within the Municipality" " meaning of " 1935 Mad 1056.

104. Power to require numbers to be affixed to bicycles, etc. "
(1) The Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] may direct that a municipal number shall be affixed "
(a) to every carriage let out for hire within the municipality and
(b) to every bicycle and tricycle kept Inserted by Tamil Nadu District Municipalities (Third Amendment) Act, 1942 (Tamil Nadu Act XXXVIII of 1942) modified by the Tamil Nadu Re-enacting (No.III) Act, 1948 (Tamil Nadu Act IX of 1948)[or used] within the municipality;
Provided that no municipal number shall be requisite in the case of carriage to which a number must be affixed under the provisions of any special Act.
(2) the numbers affixed under sub-section (1) shall be registered in the municipal office.
Tax on carts

105. General provisions regarding cart-tax- Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 193\03 (Tamil Nadu Act X of 1930) [ (1) If the council by a resolution determines that a tax shall be levied on carts, the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] shall levy the said tax half-yearly at the rate (which shall not exceed four rupees per cart per half-year), fixed by the council and specified in the notification published under section 80 in pursuance of such resolution and from the date specified in such notification in respect of all carts kept Inserted by Tamil Nadu District Municipalities (Third Amendment) Act, 1942 (Tamil Nadu Act XXXVIII of 1942) modified by the Tamil Nadu Re-enacting (No.III) Act, 1948 (Tamil Nadu Act IX of 1948)[or used] within the municipality.]
Inserted by Tamil Nadu District Municipalities (Third Amendment) Act, 1942 (Tamil Nadu Act XXXVIII of 1942) modified by the Tamil Nadu Re-enacting (No.III) Act, 1948 (Tamil Nadu Act IX of 1948)[(1-A) Notwithstanding anything contained in sub-section (1), no person shall be liable "
(a) to pay tax to the municipality during any half-year on account of any cart in respect of which the tax for the same half-year has already been paid to the municipality by some other person; or
(b) to pay to the municipality on account of any cart in respect of which tax has already been paid to any other municipality or [any local board] or Cantonment Board, whether under this Act, the Madras City Municipal Act, 1919, the Tamil Nadu Local Boards Act, 1920 Presently the Tamil Nadu Panchayat Act 1994 (T.N. Act 21/1994), or the Cantonments Act, 1924, more than the excess, if any, of the tax payable in the municipality in respect of such cart, over the tax already paid to the other municipality, the [local board] Presently the Tamil Nadu Panchayat Act 1994 (T.N. Act 21/1994), or the Cantonment Board, as the case may be.]
(2) Every owner of any such cart shall register it once in every half-year in the municipal office.
(3) The council may direct that a municipal number shall be fixed to every registered cart.
(4) The Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] shall notify certain days in every half-year for the registration and numbering of carts and the payment of the tax.
(5) All registrations made and numbers affixed under this section shall be entered in a book to be kept for the purpose at the municipal office.
(6) Such book shall be open to the inspection of any Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [person who pays any tax to the municipality] at all reasonable times without charge.
(7) This section shall not apply to carts belonging to Substituted by the Adaptation Order of 1937 and Substituted by the Adaptation Order of 1950 [the Government] and used for military purposes, or carts-kept solely for sale by cart-makers and dealers.

106. Power to remit tax "
Substituted by the Tamil Nadu District Municipalities (Third Amendment) Act, 1942 (Tamil Nadu Act XXXVIII of 1942), re-enacted the Tamil Nadu Re-enacting (No.III) Act, 1948 (Tamil Nadu Act IX of 1948) [The tax on carts shall not be levied on any cart which is shown to the satisfaction of the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] to have been kept or used] Omitted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) within the municipality for an aggregate period not exceeding fifteen days in the half-year or to have been under repair or standing at a cartmaker's during the whole of the half-year.
Inserted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)[ Taxes leviable under Sections 98 and 105]

106-A. Prepayment of municipal tax condition precedent to registration under Tamil Nadu Act V of 1911 -
Where the Tamil Nadu Hackney Carriage Act, 1911, is in force in any area of a municipality, the person appointed to perform the functions of the Commissioner under the said Act, in respect of such area shall, before registering any hackney carriage thereunder satisfy himself that the municipal council has received payment of the tax, if any, due under section 98 or section 105, as the case may be, on account of the last preceding half-year and the current half-year.
Power to seize carriages and carts not bearing numbers.

107. Seizure of vehicles not bearing numbers -
(1) If a municipal number is not affixed to a carriage or cart in pursuance of a direction issued under section 104 or section 105, as the case may be, the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] may at any time seize and detain the vehicle and the animal, if any, by which it is drawn;
Provided that no vehicle other than a bicycle, tricycle Omitted by Tamil Nadu Vehicles Taxation Act, 1931 (Tamil Nadu Act III of 1931) or rickshaw shall be seized or detained when actually employed in the conveyance of any passenger or goods.
(2) If the vehicle or animal seized be not claimed and the tax due thereon paid within ten days from the date of seizure the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority]may direct that the vehicle or animal shall be sold in public auction and the proceeds of the sale applied to the payment of "
(i) the tax, if any due, on the vehicle or animal sold.
(ii) such penalty not exceeding the amount of the tax as the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] may direct; and
(iii) a sum of one rupee on account of charges incurred in connection with the seizure, detention and sale.
(3) If the owner of the vehicle or animal or other persons entitled thereto claims the same within ten days form the date of seizure or at any time before the sale, it shall be returned to him on payment of "
(i) the tax due thereon;
(ii) such penalty not exceeding the amount of the tax as the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] may direct; and
(iii) a sum of eight annas on account of charges incurred in connexion which the seizure and detention.
Tax on servants

108. General provisions regarding servant's tax "
(1)
Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [ If a hill station municipal council by a resolution determines] that a tax shall be levied on servants, Inserted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [the [Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] shall collect] a monthly tax from the date and at the rates (which shall not exceed two rupees a month for each servant) fixed by the council and specified in the notification Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [published under section 80 in pursuance of such resolution] from every employer of private menial and of domestic servants who is not liable for the profession tax Omitted by Adaptation Order of 1937 or, as proprietor, for the property tax.
(2) The tax may differ for different classes of servants.
(3) The tax shall be payable at the full monthly rate for every servant employed for not less than fifteen days in the aggregate out of every thirty days from the commencement of the employment, and at a moiety of the monthly rate for every servant employed for less than fifteen days but not less than seven days in the aggregate during such periods.
(4) If the tax remains unpaid at the end of seven days or fifteen days as the case may be, the Substituted by Tamil Nadu Act XV of 1933. [executive authority] may serve upon the employer a notice requiring him to pay within three days from the service of such notice the sum for which he is believed to be liable, and may, on the expiry of such period, recover from the said employer the sum specified in such notice.
(5) Every person, who has paid the servants'[tax for any period in a half-year and has also paid the profession tax Omitted by Adaptation Order of 1937 or (as proprietor) the property tax in the same municipality for that half-year, shall be entitled to a refund of the sum paid as servants' tax.

109. Power to call for list of servants -
The Substituted by Tamil Nadu Act XV of 1933 [executive authority] may by notice require "
(a) every employer of private menial and domestic servants, and
(b) every secretary, owner or manager of a hotel, boarding or lodging house, club or residential chambers to furnish within a specified time a list in writing of the private menial and domestic servants employed by him or by every person resident in such place.

Omitted by the Tamil Nadu Motor Vehicles Taxation Act, 1931 (Tamil Nadu Act III of 1931)

Omitted by the Tamil Nadu Motor Vehicles Taxation Act, 1931 (Tamil Nadu Act III of 1931) [110. to 114. **********]

Omitted by Tamil Nadu Repealing and Amending Act, 1955 (Tamil Nadu Act XXXI of 1955)

Omitted by Adaptation Order of 1937 [ 115. *********]
Pilgrim tax
Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [
116. Levy of pilgrim tax " (1) Where a municipality is resorted to by pilgrims and the occasions of pilgrimage occur at intervals of years or only once or twice in a single year, a tax on persons leaving the municipality or its neighbourhood by railway, shall be levied only for a specified period in respect of each, such occasion. Where occasions for pilgrimage are more frequent or a municipality is a place of pilgrimage of perennial resort, the tax may be levied throughout the year.
(2) The occasion and the period of levy of the tax shall, in consultation with the railway administration concerned, and with the previous approval of the Substituted by the Adaptation Order of 1937 and Substituted by the Adaptation Order of 1950 [State Government], be determined by the municipal council.
(3) If the council resolves that the tax shall be levied such tax shall be collected from the date and during the period specified in the notification published under section 80 in pursuance of such resolution as a surcharge on the tickets of all passengers travelling by railway from anyone of the railway stations in or near the municipality and named in such notification to any other railway station more than a specified distance therefrom.
(4) The rates at which the tax shall be levied on each class of tickets shall be determined by the municipal council but shall not exceed the rates in the following table -
Tax
For limited periods
Throughout the year
(1)
(2)
(3)
Rs.
A.
P.
Rs.
A.
P.
For first class tickets
0
8
0
0
4
0
For Second class tickets
0
4
0
0
2
0
For intermediate class tickets
0
3
0
0
1
0
For third class tickets
0
2
0
0
1
0
Provided that the rates leviable on season tickets, if any, shall be determined by the municipal council in consultation with the railway administrations concerned but shall not for a period of one month or any less period exceed six times the rates given in column (2) of the above table.
(5) The Substituted by the Adaptation Order of 1937 and Substituted by the Adaptation Order of 1950 [State Government] may make rules not inconsistent with this Act for regulating "
(i) the collection of the tax,
(ii) the payment thereof to the council concerned,
(iii) the deduction of any expenses incurred by railway administrations in the collection thereof, and
(iv) the decision of disputes "
(a) between municipal councils and between municipal councils and other local authorities.
(b) Omitted by Adaptation Order of 1937[ ******] between council and railway administrations in matters connected with the levy, collection or apportionment of the tax:]
Substituted by Tamil Nadu District Municipalities (Amendment) Adaptation Order of 1950[ Provided that rules relating to the decision of disputes shall not have effect in relation to a dispute to which the cantonment authority, or the port authority of a major port, or the administration of any railway as defined in clause (20) of Article 366 of the Constitution, is a party, unless the rules are made with the concurrence of the Central Government.]

Heading and Secs. 116-A, 116-B, and 116-C inserted by the Tamil Nadu District Municipalities and Local Boards (Amendment) Act, 1945 (Tamil Nadu Act XX of 1945), re-enacted by the Tamil Nadu Re-enacting and Repealing (No.1) Act, 1948 (Tamil Nadu Act VII of 1948). [Duty on Transfers of Property]
Heading and Secs. 116-A, 116-B, and 116-C inserted by the Tamil Nadu District Municipalities and Local Boards (Amendment) Act, 1945 (Tamil Nadu Act XX of 1945), re-enacted by the Tamil Nadu Re-enacting and Repealing (No.1) Act, 1948 (Tamil Nadu Act VII of 1948). [Substituted by the Madras City Municipal District Municipalities and Local Boards (Amendment) Act, 1950 (Tamil Nadu Act VII of 1950)
116-A. Method of assessment of duty on transfers of property " The duty on transfers of property shall be levied "
(a) in the form of a surcharge on the duty imposed by the Indian Stamp Act, 1899, as in force for the time being in the State of Tamil Nadu, on every instrument of the description specified below, which relates to immovable
(b) at such rate as may be fixed by the State Government, not exceeding five per centum on the amount specified below against such instrument:-
Description of instrument
Amount on which duty should be levied.
Substituted by Tamil Nadu Act XXII of 1976 [ (i) Sale of immovable property
The market value of the property as set forth in the instrument, and in a case where the market value is finally determined by any authority under section 47-A of the Indian Stamp Act, 1899 (Central Act II of 1899), the market value as so determined by such authority.
(ii) Exchange of immovable property
The market value of the property of the greater value as set forth in the instrument, and in case where the market value is finally determined by any authority under section 47-A of the Indian Stamp Act, 1899 (Central Act II of 1899), the market value as so determined by such authority.
(iii) Gift of immovable property
The market value of the property as set forth in the instrument, and in a case where the market value is finally determined by any authority under Section 47-A of the Indian Stamp Act, 1899 (central Act II of 1899), the market value as so determined by such authority.
(iv) Mortgage with possession of immovable property.
The amount secured by the mortgage, as set forth in the instrument.
(v) Lease in perpetuity of immovable property
An amount equal to one-sixth of the whole amount or value of the rents which would be paid or delivered in respect of the first fifty years of the lease, as set forth in the instrument.]

Section 116-B Inserted by the Tamil Nadu District Municipalities and Local Board (Amendment) Act, 1945 (Tamil Nadu Act XX of 1945), re-enacted by Re-enacting and Repealing (No.1) Act, 1948 (Tamil Nadu Act VII of 1948). [116-B. Provisions applicable on the introduction of transfer duty. "
On the introduction of the transfer duty "
(a) section 27 of the said Indian stamp Act shall be read as if it specifically required the particulars to be set forth separately in respect of property situated within the limits of a municipality and outside such limits:
(b) section 64 of the same Act shall be read as if it referred to the municipal council concerned as well as the Government.]

Section 116-C Inserted by the Tamil Nadu District Municipalities and Local Board (Amendment) Act, 1945 (Tamil Nadu Act XX of 1945), re-enacted by the Tamil Nadu Re-enacting and Repealing (No.1) Act,1 948 (Tamil Nadu Act VII of 1948). [116-C. Power to make rules regarding assessment and collection of transfer duty. "
The Substituted by Adaptation Order of 1950 [State] Government may make rules not inconsistent with this Act for regulating the collection of the duty, the payment thereof to the municipal councils concerned and the deduction of any expenses incurred by the Government in the collection thereof.

General provisions regarding taxation and finance.

117. Power to exempt from taxes "
With the sanction of the Substituted by the Adaptation Order of 1937 substituted by the Adaptation Order of 1950 [State Government] the municipal council may exempt any person or class of persons wholly or in part from the payment of any tax Omitted by the Tamil Nadu Motor vehicles Taxation Act, 1931 (Tamil Nadu Act III of 1931). Added by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [ But nothing in this section shall be deemed to authorize the exemption of any person solely on the ground that he is a member of a municipal council.]
Substituted by ibid.
118. Power to write off irrecoverable taxes, etc. - The municipal council may write off any tax, Omitted by the Tamil Nadu Motor Vehicles Taxation Act, 1931 (Tamil Nadu Act III of 1931) fee or other amount whatsoever due to it, whether under a contract or otherwise or any sum payable in connexion therewith, if in its opinion, such tax, Omitted by the Tamil Nadu Motor Vehicles Taxation Act, 1931 (Tamil Nadu Act III of 1931) fee amount or sum is irrecoverable.]

119. Definition of municipal fund. -
All moneys received by the municipal council shall constitute a fund which shall be called the municipal fund and shall be applied and disposed of subject to the provisions of this Act or other laws.

120. Budget estimate "
The municipal council shall Omitted by the Tamil Nadu District Municipalities (Second Amendment) Act, 1942 (Tamil Nadu Act VII of 1942), re-enacted by the Tamil Nadu Re-enacting (No.II) Act 1948 (Tamil Nadu Act VII of 1948) in each year frame a budget showing the probable receipts and the expenditure which it proposes to incur during the following year and shall submit a copy of the budget to the Substituted by Adaptation Order of 1937 Substituted by Adaptation Order 1950.[State Government] before Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [such date as may be fixed by them in that behalf]. The budget shall contain provisions adequate in the opinion of the Substituted by Adaptation Order of 1937 Substituted by Adaptation Order 1950.[State Government] for the due discharge of all liabilities in respect of loans contracted by the council and for the maintenance of a working balance; and if the budget as submitted to the Substituted by Adaptation Order of 1937 Substituted by Adaptation Order 1950.[State Government] fails to make these provisions, the Substituted by Adaptation Order of 1937 Substituted by Adaptation Order 1950.[State Government] may Substituted by ibid [modify any part of the budget] so as to ensure that such provisions are made.

121. Revised or supplemental budget. "
If in the course of a year a municipal council finds it necessary to modify the figures shown in the budget with regard to its receipts or to the distribution of the amounts to be expended on the different services it undertakes, it may submit a supplemental or revised budget provided that no alteration shall be made without the consent of the Substituted by Adaptation Order of 1937 Substituted by Adaptation Order 1950.[State Government] in the amount allotted for the service or debt or in the working balance.

122. Appointment of auditors of accounts "
The Substituted by Adaptation Order of 1937 Substituted by Adaptation Order 1950.[State Government] shall appoint auditors of the accounts of receipt and expenditure of the municipal fund. Such auditors shall be deemed to be ˜public servants' within the meaning of section 21 of the Indian Penal Code.

123. Contributions to expenditure by other local authorities -
(1) If the expenditure incurred by the Substituted by Adaptation Order of 1937 Substituted by Adaptation Order 1950.[State Government], or by any other municipality to which this Act applies or by any other authority in the State of Tamil Nadu for any purpose authorized by or under Part II of Schedule IV is such as to benefit the inhabitants of a municipality, the municipal council may, with the sanction of the Substituted by Adaptation Order of 1937 Substituted by Adaptation Order 1950.[State Government], make a contribution towards such expenditure.
(2) The Substituted by Adaptation Order of 1937 Substituted by Adaptation Order 1950.[State Government] may direct a municipal council to show cause, within a month after receipt of the order containing the direction, why any contribution described in sub-section (1) should not be made.
(3) If the municipal council fails to show cause within the said period to the satisfaction of the Substituted by Adaptation Order of 1937 Substituted by Adaptation Order 1950.[State Government] may direct it to make such contributions as Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)[they shall name] and it shall be paid accordingly.

124. Application of Schedule IV. "
The rules and tables embodied in Schedule IV shall be read as part of this Chapter.
Inserted by ibid.[
124-A. Recovery of loans and advances made by the State Government - Notwithstanding anything contained in the Local Authorities Loans Act, 1914, the [State Government] shall be entitled to recover in the manner provided by sub-section (4) of section 36 of this Act or by suit any loan or advance made to any municipal council for any purpose to which the funds of the said council may be applied under this Act.]
Section 124-B inserted by Tamil Nadu Act XXV of 1994[
124-B. Finance Commission " (1) The Finance Commission referred to in Article 2443 0I of the Constitution shall review the financial position of the municipalities and town panchayats and make recommendations to the Governor as to "
(a) the principal which shall govern, -
(i) the distribution between the State Government and the municipalities and the town panchayats of 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 municipalities and the town panchayats of their shares of such proceeds.
(ii) the determination of the taxes, duties, tolls and fees which may be assigned to or appropriated by the municipalities and the town panchayats.
(iii) the grants-in-aid to the municipalities and the town panchayats from the consolidated Fund of the State.
(b) The measures needed to improve the financial position of the municipalities and the town panchayats.
(c) any other matter referred to the Finance Commission by the Governor in the interest of sound finance of the municipalities and the town panchayats.
(2) The Governor shall cause every recommendation made by the Commission under this section together with an explanatory memorandum as to the action taken thereon to be laid before the Tamil Nadu Legislative Assembly]

PART IV " PUBLIC HEALTH, SAFETY AND CONVENIENCE

CHAPTER VII.

WATER SUPPLY, LIGHTING AND DRAINAGE
Water " Supply, Vesting of works and powers of municipal authorities.

125. Vesting of works in municipal councils -
All public water-course and springs and all public reservoirs, tanks, cisterns, fountains, wells, stand-pipes and other water-works existing at the time of the coming into force of this Act or after wards made, laid or erected, and whether made, laid or erected at the cost of the municipal council or otherwise, and also any adjacent land (not private property) appertaining thereto shall vest in the council and be subject to its control.
Proviso added by the Tamil nadu District Municipalities (Second Amendment) Act, 1934 (Tamil Nadu Act IV of 1935) [Provided that nothing contained in this section shall apply to any work which is, or is connected with, work of irrigation or to any adjacent land appertaining to any such work.]
(2) The Substituted by Adaptation Order of 1937 Substituted by Adaptation Order 1950.[State Government] may be notification limit or define such control or may assume the administration of any public source of water-supply and public land adjacent and appertaining thereto after consulting the municipal council and giving due regard to its objections, if any.

126. Construction and maintenance of water-works -
(1) The municipal council may, with the sanction of the Substituted by Adaptation Order of 1937 Substituted by Adaptation Order 1950.[State Government] direct the construction of such works as it deems fit without the limits of the municipality for supplying it with water and may provide channels, tanks, reservoirs, cisterns, engines, mains, wells, fountains, stand-pipes and other works as it may deem fit within the said limits for the use of the inhabitants.
(2) The council may cause exiting works for the supply of water to be maintained and supplied with water, or it may close any such works and substitute other such works and may cause them to be maintained and supplied with water.

127. Trespass on premises connected with water supply -
It shall not be lawful for any person except with permission duly given and obtained to enter upon land belonging to or vested in a municipal council along which a conduit or pipe runs, or upon any premises connected with the water-supply.

128. Prohibition of building over water mains "
(1) Without the permission of the council no building, wall or other structure shall be newly erected and no street or railway shall be constructed over any municipal water mains.
(2) If any building, wall or other structure be so erected or any street or railway be so constructed, the council may cause the same to be removed or otherwise dealt with as shall appear to it fit and the expenses thereby incurred shall be paid by the persons offending.
Supply for domestic use.

129. Council to provide water for domestic use - The municipal council shall, so far as the funds at its disposal may admit, provide a sufficient supply of water fit for the domestic use of the inhabitants.

130. Control over house connexions -
All house connections, whether within or without the premises to which they belong, with any water-supply mains which may have been constructed by a municipal council shall be under the control of the council,. But shall be altered, repaired and kept in proper order, at the expenses of the owner of the premises to which they belong or for the use of which they were constructed, and in conformity with by-laws and regulations framed by the council in this behalf.

131. Private water-supply for consumption and domestic use and powers of executive authority to enforce provision of water-supply -
(1) In municipalities in which there is a pipe supply of water, the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority], may at his discretion on application by the owner or occupier of any building, arrange, in accordance with the by-laws, to supply water thereto for domestic consumption and use:
Provided that the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] shall not without the sanction of the council, agree to supply water to any building assessed at an annual value of less than one hundred and twenty rupees.
(2) Whenever it appears to the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] that any dwelling house assessed at an annual value of not least than two hundred rupees is without a proper supply of water for domestic consumption an duse and that such a supply can be furnished from a main not more than one hundred feet distant from any part of such building, the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] may by notice require the owner to obtain such supply and to execute all such works as may be necessary for that purpose in accordance with the by-laws and regulations.
(3) The cost of making the connexion and the cost or hire of meters shall be borne by the owner or applicant and shall be recoverable in the same manner as the property tax "
Explanation " Supply of water for domestic consumption and use shall not be deemed to include a supply "
(a) for any trade, manufacture or business,
(b) for gardens or for purposes of irrigation,
(c) for building purposes,
(d) for fountains, swimming baths, public baths Omitted by the Substituted by 1936 (Tamil Nadu Act XXIII of 1936) within the municipality or for any ornamental or mechanical purpose,
(e) for animals, or for washing vehicles, where such animals or vehicles are kept for sale or hire;
But shall be deemed to include a supply "
(a) for flushing latrines,
(b) for all baths other than swimming baths or public baths,
(C) for the consumption and use of inmates of hotels, boarding-homes and the like and for baths used by such inmates.
Omitted by T.N. Act XXIII of 1936. [ (4) ********]

NOTES
Water used in a cinema theatre " Character of " (1953) 2 MLJ 37 ;
Private water-supply for non-domestic purposes

Sec " 132 (2) Omitted sub-section (1) renumbered as section 132 by the Tamil Nadu District Municipalities (Amendment) Act,1 936 (Tamil Nadu Act XXIII of 1936) [132. Power of executive authority to supply water for non-domestic purposes -
The Substituted by T.N.Act XV of 1933 [executive authority] may at his discretion supply water for any purpose other than domestic consumption and use on receiving a written application specifying the purpose for which such a supply is required and the quantity likely to be consumed.
Heading and section 132-A inserted by the Tamil Nadu District Municipalities (Amendment) Act, 1936 (Tamil Nadu Act XXIII of 1936) [Payment for water]
Heading and section 132-A inserted by the Tamil Nadu District Municipalities (Amendment) Act, 1936 (Tamil Nadu Act XXIII of 1936) [
132 "A. Power of council to make by-laws for water supply " (1) For all water supplied under section 131 or under section 132, payment shall be made on such basis, at such times, and on such conditions as may be laid down in the by-laws made by the council and shall be recoverable in the same manner as the property tax.
(2) In particular and without prejudice to the generality of the foregoing power, such by-laws may "
(a) in cases of supply for domestic consumption and use, lay down the maximum free allowance to be made and the rates of charge to be levied in respect of water supplied in excess of such allowance ; and
(b) in cases of supply whether for domestic consumption and use or for other purposes, or any class of such cases, lay down that the charge for water supplied shall be based on the number of the taps allowed, irrespective of the quantity of water consumed.]
Supply beyond limits of municipality

133. Supply without the municipality " The council may with the sanction of and on such terms (if any) as may be approved by the
Substituted by the Adaptation Order of 1937 and substituted by Adaptation Order of 1950 [state government] supply water to a local authority or other person without the municipality.
Cutting off water " supply

134 .- Power to cut off water-supply -
(1) The Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] may cut off the supply of municipal water from any premises "
(a) if the premises are unoccupied;
(b) if any water-tax or any sum due for water for the cost of making a connexion or for the cost or hire of a meter or for the cost of carrying out any work or test connected with the water-supply which is chargeable to any person by or under this Act, is not paid within fifteen days after a bill for such tax or sum has been presented;
(c) if, after receipt of a notice from the Substituted by the Adaptation Order of 1937 and substituted by Adaptation Order of 1950 [executive authority] requiring him to refrain from so doing, the owner or occupier continues to use the water or to permit it to be used in contravention of any by-law made under this Act:
(D) if the owner or occupier neglects within specified in any notice issued by the Substituted by the Adaptation Order of 1937 and substituted by Adaptation Order of 1950 [executive authority] under any by-law made under this Act to put up a meter or to comply with any other lawful order or requisition.
(e) if the owner or occupier willfully or negligently damages his meter or any pipe or tap conveying municipal water,
(f) if the occupier refuses to admit the Substituted by the Adaptation Order of 1937 and substituted by Adaptation Order of 1950 [executive authority] to be out of repair to such an extent as to cause waste or contamination of water;
(h) if the owner or occupier causes pipes, taps, works or fittings connected with the municipal water-supply to be placed, removed, repaired or otherwise interfered with in violation of the by-laws;
Provided that in cases under sub-clauses (e), (g) and (h) the Substituted by the Adaptation Order of 1937 and substituted by Adaptation Order of 1950 [executive authority] shall not take action unless notice of not less than twenty-four hours has been given to the owner or occupier of the premises.
(2) The expense of cutting off the supply shall be paid by the owner or occupier of the premises.
(3) In cases under clauses (b) as soon as any money for non-payment of which water has been out off together with the expense of cutting off the supply, has been paid by the owner or occupier, the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] shall cause water to be supplied as before on payment of the cost (if any) of reconnecting the premises with the municipal water-works.
(4) No action taken under this section shall relieve any person from any penalties or liabilities which he may otherwise have incurred.

135. Non-liability of council for reduction or stoppage of supply in certain cases -
The municipal council shall not be liable to any penalty or damages for cutting off the supply of water or for not supplying water (save in the case of express stipulation in an agreement for the supply of water for other than domestic purposes) in the case of any drought, or other unavoidable cause or accident, or the necessity for relaying or repairing pipes.
Lighting

136. Provision for lighting public streets -
The municipal council shall, so far as the funds at its disposal permit, cause the public streets to be lighted and for that purpose shall provide such lamps and works as it thinks necessary.
Public drainage

137. Maintenance of system of drainage by council - The municipal council shall, so far as funds at its disposal may admit, provide and maintain a sufficient system of public drains.
Private drainage

138. Control over house-drains privies and cess-pools. "
All house-drains whether within or without the premises to which they belong and all private latrines and cess-pools within the municipality shall be under the control of the municipal council but shall be altered, repaired, cleaned, and kept in proper order, at the expense of the owner of the premises to which the same belong or for the use of which they were constructed, and in conformity with by-laws and regulations framed by the council in this behalf.

139. Connexion of house-drains with public drains "
(1) Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] shall on application by the owner or occupier of any premises or the owner of a private street arrange, in accordance with the by-laws for the connexion of the applicant's drain with any public drain at a distance not exceeding three hundred feet therefrom at the applicant's expense.
(2) If there is public drain or outfall within a distance not exceeding one hundred feet of the nearest point on any premises Inserted by the Tamil Nadu District Municipalities (Amendment) Act, 1942 (Tamil nadu Act XXVII of 1942), re-enacted by the Tamil Nadu Re-enacting and Repealing (No.1) Act, 1948 (Tamil Nadu Act VII of 1948) [or if within such distance a public drain or outfall is about to be provided or is in the process of construction] the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] may by notice direct the owner of the said premises to construct a drain leading therefrom to such drain or place of outfall, and to execute all such works as may be necessary in accordance with the by-laws and regulations at such owner's expense.
(3) If any premises are in the opinion of the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] without sufficient means of effectual drainage, but no part thereof is situated within one hundred feet of a public drain or its place of outfall, the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] may by notice direct the owner of the said premises to construct a cess-pool or septic tank or filters of such materials, dimensions and description, in such position and at such level as the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] thinks necessary and to construct a drain or drains emptying into such cess-pool, tanks or filters and to execute all such works as may be necessary in accordance with the by-laws and regulations:
Provided that "
(a) no requisition shall be made under this section on any person who has been exempted from payment of the property tax under Substituted by Tamil Nadu Act X of 1930 [ sub-section (5) of section 83]:
(b) no person shall be required under this section to expend a sum exceeding five times the property tax on any such building, with the land assessed with it as part of the same premises, or in the case of buildings exempted under section 83, five times the property tax which would be payable on such building with the land which would be assessed with it to the property tax if such building were not exempt and if any amount exceeding the said sum is expended, the excess shall be borne by the council.

140. Executive authority may close or limit the use of existing private drains
" (1) Where a drain connecting any premises with a public drain or other place set apart by the municipal council for the discharge of drainage is sufficient for effectual drainage thereof and is otherwise unobjectionable, but is not, in the opinion of the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] adapted to the general drainage system of the municipality or of the part of the municipality in which drain is situated, the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] with the approval of the council may "
(a) subject to the provisions of 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, form such date as he specified in this behalf, be used for sullage and sewage only, or for water unpolluted with sullage or sewage only, and by notice require the owner of the premises to make, at his own expense, an entirely distinct drain for water unpolluted with sullage or sewage or for sullage and sewage.
(2) No drain may be closed, discontinued or destroyed by the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] under clause (1) (a) except on condition of his providing another drain as effectual for the drainage of the premises and communicating with a public drain or other place aforesaid. And the expense of the construction of any drain so provide by the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] and of any work done under clause (1) (a) shall be paid by the council.

141. Power of executive authority to drain premises in combination -
(1) When the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] is of opinion that any group or block of premises, any part of which is situate within one hundred feet of a municipal drain already existing, or Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1942 (Tamil Nadu Act XXVII of 1942), re-enacted the Tamil Nadu Re-enacting and Repealing (No.1) Act, 1948 (Tamil Nadu Act VII of 1948) [ about to be provided or in the process of construction] may be drained more economically or advantageously in combination than separately, the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority], may, with the approval of the council, cause such group or block of premises to be drained by such method as appears to the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] to be best suited therefore and the expenses incurred by the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] in so doing shall be paid by the owners in such proportions as the council may decide.
(2) Not less than fifteen days before any work under this section is commenced, the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] shall give notice to the owners of "
(a) The nature of the intended work,
(b) the estimated expenses thereof, and
(c) the proportion of such expenses payable by each owner.
(3) The owners for the time being of the several premises constituting a group or block drained under sub-section (1) shall be the joint owners of every drain constructed, erected or fixed, or continued for the special use and benefit only of such premises and shall in the proportion in which it is determined that they are to contribute to the expense incurred by the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority]under sub-section (1), be responsible for the expense of maintaining every such drain in good repair and efficient condition.

NOTES
Scope of " (1940) 1 MLJ 155;

142. Building, etc. not to be erected without permission over drains -
(1) Without the permission of the council, no person shall place or construct any fence, building, culvert, drain " covering, drain or other structure or any street, railway or cable over, under, in or across any public drain, or stop up, divert, obstruct or in any way interfere with any public drain, whether it passes through public or private ground.
(2) The Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] may remove or otherwise deal with anything placed or constructed in contravention of sub-section (1) as he shall think fit and the cost of so doing shall be recoverable from the owner thereof in the manner provided in section 344.

NOTES
Water course used as a storm water-drain " When a public drain " 37 LW 465;

143. Construction of culverts or drain-coverings by owner or occupier. "
(1) The Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] may by notice require the owner or occupier of any building or land adjoining a public street to construct culverts or drain-coverings over the side-channel or ditches at the entrances to the said building or land.
(2) All culverts or drain-coverings or pials maintained over side-channels or ditches by the owners or occupiers of adjacent buildings or lands shall be of such form and size and consist of such materials and be provided with such means of ventilation as the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] may by notice require and shall be maintained and kept free from all obstruction at the expense of the said owners or occupiers.

144. Maintenance of troughs and pipes for catching water -
The owner or occupier of any building in a public street, shall, within fifteen days after receipt of notice in that behalf from the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority]put up and thence forward maintain proper troughs and pipes for catching and carrying the water from the roof and other parts of such building and for discharging such water in such manner as the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] may permit.
Public latrines

145. Provision of public latrines and urinals " The council shall, as far as the funds at its disposal may admit, provide and maintain in proper and convenient places a sufficient number of public latrines and shall cause the same to be daily cleaned and kept in proper order.

NOTES
Objection to the erection of a public latrine " Power of court " (1941) 1 MLJ 768;
Private latrines

146. Provision of latrines by owner or occupier "
(1) The Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] may be notice require the owner or occupier of any building within the time specified in such notice to provide a latrine or alter or remove from an unsuitable to a more suitable place any existing latrine in accordance with the directions contained in such notice for the use of the persons employed in or about or occupying such building and to keep it clean and in proper order.
(2) Every owner or occupier of the ground on which any group of six or more huts stands shall provide latrines of such description and number and in such position as the Substituted by T.N. Act XV of 1933[executive authority] may by notice require, within such time as may be fixed in the notice, for the use of the inhabitants of such huts.

NOTES
Power to shifting of a latrine " Defense " 1938 MWN 223 "Latrine" " Meaning of " 1919 MWN 712;

147. Provision of latrines for laborers "
Every person employing workmen, laborers or other persons exceeding ten in number, shall provide and maintain for the separate use of persons of each sex so employed latrines of such description and number and in such position as the Substituted by T.N. Act XV of 1933. [Executive authority] may by notice require, within such time as may be fixed in the notice, for the use of the inhabitants of such huts.

148. Provision of latrines for markets, cart-stands, cattle-sheds, country etc.-
The Substituted by T.N. Act XV of 1933. [executive authority] may by notice require the owner or manager of a market, cart-stand, cattle-shed, choultry, theatre, railway station, dock, wharf or other place of public resort within the time specified in such notice to provide and maintain for the separate use of persons of each sex latrines of such description and number and in such position as may be specified in such notice.
General powers

150. Power to carry wire, pipes, drains, etc., through private property subject to causing as little inconvenience as possible and paying for direct damage "
The Substituted by T.N. Act XV of 1933. [executive authority] may carry any cable, wire, pipe, drain or channel of any kind to establish or maintain any system of street or place laid out for a road or street, and after giving reasonable notice to the owner or occupier, through, across, under over or up the side of, any land or building in municipality, and may place and maintain posts, poles, standards, brackets, or other contrivances to support wires and lights on any pole or post in the municipality not Adaption Order of 1937 [vested in the Substituted by Adaptation Order of 1950 (Government) and may do all acts necessary or expedient for repairing or maintaining any such cable, wire, pipe, drain, channel, post, pole, standard, bracket or other similar contrivance in an effective state for the purpose of which it is intended to be used or for removing the same.
Provided that such work shall be done so as to cause the least practicable nuisance or inconvenience to any person:
Provided further that the Substituted Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] shall, with the sanction of the council, pay compensation to any person who sustains damage by the exercise of such power.

151. Prohibition against making connexion with mains without permission -
(1) No person shall, without the permission of the Substituted Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] make any connexion with any municipal cable, wire, pipe, drain or channel or with the house connexion of any other person.
(2) The Substituted Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] may by notice require any connexion made in contravention of sub-section (1) to be demolished, removed, closed, altered or remade.

152. Powers in respect of works outside the municipality "
(1) The municipal council shall not undertake new works beyond the limits of the municipality without the sanction of the Substituted by Adaptation Order of 1937 substituted by Adaptation Order of 1950 [state government]
(2) The council may in the execution and for the purpose of any works beyond the limits of the municipality sanctioned by the Substituted by Adaptation Order of 1937 substituted by Adaptation Order of 1950 [state government] whether before or after the passing of this Act, exercise all the powers which it may exercise within the municipality throughout the line of the country through which conduits, channels, pipes, lines of poss and wires and the like run, and with the sanction of the Substituted by Adaptation Order of 1937 substituted by Adaptation Order of 1950 [state government] "
(a) over any lake, tank or reservoir, from which a supply of water for drinking, for producing electric energy or for other purposes is derived, and over all lands within one mile of the high water level of any such lake, tank or reservoir.
(b) over any water-course from which a supply of water for drinking, for producing electric energy or for other purposes is derived, within one mile above and half a mile below any point at which water is taken for such use, and
(C) over any lands used for sewage farms, sewage disposal tanks, filters and others works connected with the drainage of the municipality.

CHAPTER VIII

SCAVENGING

153.

Municipality

to arrange for the removal of rubbish and filth-
Every municipal council shall make adequate arrangements for "
(a) the regular sweeping and cleansing of the streets and removal of sweeping therefrom;
(b) the daily removal of filth and the carcasses of animals from private premises and
(c) the daily removal of rubbish from dust-bins and private premises; and with this object it shall provide.
(i) depots for the deposits of filth, rubbish and the carcasses of animals.
(ii) covered vehicles or vessels for the removal of filth.
(iii) vehicles or other suitable means for the removal of the carcasses of large animals and rubbish;
(iv) dust-bins for the temporary deposit of rubbish.

NOTES
Removal of Rubbish etc. " Duty case on the Municipality " 43 M 905;
Sections 154 and 155 were omitted by Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [
154. ********]
Sections 154 and 155 were omitted by Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [
155. ********]

S.156 Sub. By ibid.[156. Contributions from persons having control over places of pilgrimage, etc., -
Where a mosque, temple, mutt or any place of religious worship or instruction or any place which is used for holding fairs, festivals, or for other like purposes is situated within the limits of a municipality or in the neighbourhood thereof attracts either throughout the year or on particular occasions a large number of persons, any special arrangements necessary for public health, safety or convenience whether permanent or temporary shall be made by the municipal council, and the council may require the trustee or other person having control over such place to make such recurring or non-recurring contribution as the By Adaptation Order of 1950 [State Government may determine to the funds of the municipal council.]

157. Prohibition of improper disposal of carcasses, rubbish and filth -
No person shall after due provision has been made under section 153 by the municipal council for the deposit and removal of the same.
(a) deposit the carcasses of animals, rubbish or filth, in any street, or on the verandah of any building, or on any unoccupied ground alongside any street, or on any public quay, jetty or landing "place or on the bank of a water-course or tank, or
(b) deposit filth or carcasses of animals in any dust-bin or in any vehicle not intended for the removal of the same; or
(C) deposit rubbish in any vehicle or vessel intended for the removal of filth save for the purpose of deodorizing or disinfecting the filth.

Sub-section (1) of section 158 omitted and sub-section (2) re-submersed as section 158 the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930). [158] " Prohibition against keeping filth on premises too long, etc. "
No owner or occupier of any premises shall keep or allow to be kept for more than twenty-four hours any filth on such premises or any building or on the roof thereof or in any out-building or any place belonging thereto, or fail to comply with any requisition of the Substituted Tamil Nadu District Municipalities (amendment) act, 1930 (T.N. Act XV of 1930). As to the construction, repair, paving or cleansing of any latrine on or belonging to the premises.
Proviso to section 158 omitted the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [ ** ** **** *** **]

159. Prohibition against allowing outflow of filth. "
No owner or occupier of any premises shall allow the water from any sink, drain, latrine or stable, or any other filth to flow out of such premises to any portion of a street except a drain or a cess-pool or to flow out of such premises in such a manner as to cause an avoidable nuisance by the soakage of the said water or filth into the walls or ground at the side of a drain forming a portion of a street.

NOTES
Occupies allows and letting of offensive water into street " Offence " 42 M796;

160. Prohibition against using any cart without cover in the removal of filth. Etc., -
No person shall, in the removal of filth, use any cart or receptacle not having a covering proper for preventing the escape of the contents thereof, or of the stench therefrom, or intentionally or negligently spill any filth in the removal thereof, or omit carefully to sweep and clean every place in which any such filth has been spilled, or place or set down in any public place any filth whether in a vessel closed or open.

161. Prohibition against throwing rubbish or filth into drain "
No person shall put or cause to be put any rubbish or filth into any drain not intended of rubbish or filth or not any drain communicating with any such pubic drain.

CHAPTER IX

STREETS

Public Streets

162. Maintenance and repair of streets " Section 162 renumbered as sub-section (1) of section 162 and sub-section (2) was added by the Tamil Nadu District Municipalities (Amendment)Act, 1930 (Tamil Nadu Act X of 1930). -
[(1)] The municipal council shall, at the cost of the municipal fund, cause the public streets and bridges to be maintained and repaired and may from the same fund meet the cost of all improvements to the same fund meet the cost of all improvements to the same which are necessary or expedient for the pubic safety or convenience.
162. Maintenance and repair of streets " Section 162 renumbered as sub-section (1) of section 162 and sub-section (2) was added by the Tamil Nadu District Municipalities (Amendment)Act, 1930 (Tamil Nadu Act X of 1930). " [(2) The council may entrust to any other local authority with the consent of such authority the maintenance of any public street or portion thereof, the cost of maintenance being provided by the council.]

NOTES
Part of " Street lost by adverse possession " Municipality " Rights of " 25 MLJ 296;
Construction of pial " Unauthorised " Power to demolish " (1941) 1 MLJ 624;
Section 162-A inserted by Tamil Nadu Act XXIII of 1987[
162. A. Planting and Preservation of avenue trees - The Municipal Council shall, at the cost of the municipal fund cause trees to be planted at all convenient places on the sides of all public streets and make adequate arrangements to preserve such trees.]

163. Powers of municipal authorities "
(1) The council may "
(a) lay out and make new public streets.
(b) construct bridges and sub-ways.
(c) turn, divert or with the special sanction of the Substituted by Adaptation Order of 1937 and by Adaptation Order or 1950 [State Government] permanently close any pubic street or part thereof:
(d) widen, open, extend or otherwise improve any pubic street.
(2) Reasonable, compensation shall be paid to the owners and occupiers of any land or buildings which are required for or affected by any such purposes.

NOTES
Streets and Drains " Rights of Municipality " creation of statute- 23 MLJ 479
Public street " Owner of a property abutting the access to and fro cannot prevent " (1981) 2 MLJ 335;

164. Power to dispose of permanently closed streets.
(1) When a public street is permanently closed under section 163, the municipal council may, with the sanction of the Substituted by Adaptation Order of 1937 and Adaptation Order of 1950 [State Government], provided that due compensation is made to any person injured by such closing.
(2) In determining such compensation, allowance shall be made for any benefit accruing to the same premises or any adjacent premises belonging to the same owner from the construction or improvement of any other public street at or about the same time that the public street, on account of which the compensation is paid, is closed.

165. Acquisition of land and buildings for improvement of streets. -
(1) The council may acquire "
(a) any land required for opening, widening, extending or otherwise improving any pubic street, or of making any new public street, and the buildings, if any, standing upon such land, and
(b) any land outside the proposed street alignment, with the building, if any, standing thereupon;
Provided that, in any case in which it is decided to acquire any land under clause (b) of this sub-section, the owner of such land may retain it by paying to the municipal council an annual sum to be fixed by the council in that behalf, or a lump sum to be fixed by the council, not being less than twenty-five times such annual sum and subject to such conditions as the council thinks fit as to the removal of the existing building, if any, the description of the new building (if any) to be erected, the period within which the new building (if any) shall be completed and any other similar matters.
(2) If any sum payable in pursuance of the proviso to sub-section (1) in respect of any land be not duly paid, it shall be recoverable in the manner provided by this Act for the collection of taxes, and if not so recovered, the Substituted by Tamil nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of Tamil Nadu District) [executive authority] may enter upon the land, and sell it, with any erections standing thereon, by public auction subject to the conditions, if any imposed under sub-section (1) above and may deduct the said sum and the expenses of the sale from the proceeds of the sale and shall pay the balance (if any) to the defaulter.
(3) Any sum paid in pursuance of the proviso to sub-section (1) or recovered under sub-section (2) in respect of any land shall be left out of account in determining the annual value of such land for the purpose of assessing it to the property tax.
(4) Any land or building acquired under sub-section (1). Clause (b), may be sold, leased or otherwise disposed of after public advertisement, and any conveyance made for that purpose may comprise such conditions as the council thinks fit as to the removal of the existing building, if any, the description of the new building (if any) to be erected, the period within which the new building (if any) shall be completed and any other similar matters.
(5) The council may require any person to whom any land or building is transferred under sub-section (4) to comply with any conditions comprised in the said conveyance before it places him in possession of the land or building.

166. Power to prescribes building line and street alignment -
The council may "
(a) prescribe for any public street a building line or a street alignment or both;
(b) from time to time define a fresh line in substitution for any line so defined or for any part thereof:
Provided that in either case "
(i) at least one month before the meeting of the council at which the matter is decided, public notice of the proposal has been given and special notice thereof has also been put up in the street or part of the street for which such line is proposed to be defined; and
(ii) the council consider all objections to the said proposal made in writing and delivered at the municipal office not less than three clear days before the day of such meeting.

167. Buildings not to be constructed within street alignment or building line "
(1) No person shall construct any portion of any building within a street alignment defined under section 166.
(2) No person shall erect or add to any building between a street alignment and a building line defined under section 166 except with Inserted by and the Tamil Nadu Repealing and Amending Act, 1951 (Tamil Nadu Act XIV of 1951) the permission of the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] who may when granting Inserted by and the Tamil Nadu Repealing and Amending Act, 1951 (Tamil Nadu Act XIV of 1951) the permission impose such conditions as the council may lay down for such cases.

168. Setting back projecting buildings or walls -
(1) When any building or part thereof abutting on a public street is within a street alignment defined under section 166, the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] mat, whenever it is proposed "
(a) to rebuild such building or take it down to an extent exceeding one half thereof above the ground level, such half to be measured in cubic feet or
(b) to remove, reconstruct or make any addition to any portion of such building which is within the street alignment.
In any order which he issues concerning the rebuilding, alteration or repair of such building, require such building, to be set back to the street alignment.
(2) When any building or any part thereof within the street alignment falls down or is burnt down or is, whether by order of the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] or otherwise, taken down or when any private land without any building thereon lies within the street alignment, the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] may forthwith take possession on behalf of the council of the portion of land within the street alignment and if, necessary, clear it.
(3) Land acquired under this section shall be deemed a part of the public street and shall vest in the municipal council.
(4) When any building is set back in pursuance of any requisition under sub-section (1) or when the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] takes possession of any land under sub-section (2), the council shall forthwith make full compensation to the owner for any direct damage which he may sustain thereby.
Explanation " The expression ˜direct damage' as used in sub-section (4) with reference to land means the market value of the land taken and the depreciation, if any in the ordinary market value of the rest of the land resulting from the area being reduced in size; but does not include damage due to the prospective loss of any particular use to which the owner may allege that the intended to put the land, although such use may be injuriously affected by the reduction of the site.

NOTES
Applicability of " (1941) 1 MLJ 624;

169. Setting buildings forward to improve line of street. "
The council may, upon such terms as it thinks fit, allow any building to be set forward for the purpose of improving the line of a public street and may, by notice, require any building to be so set forward in the case of reconstruction thereof or of a new construction.
Explanation " For the purpose of this section a wall separating any premises from public street shall be deemed to be a building; and it shall be deemed a sufficient compliance with permission or requisition to set forward a building to the street alignment if a wall of such material and dimensions as are approved by the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] is erected along the said line.

170. Projected streets "
(1) The council may prepare schemes and plans of proposed public streets, showing the direction of such streets, the street alignment and building line on each side of them, the intended width and such other details as may appear desirable.
(2) The width of such proposed streets shall not Inserted Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [ordinarily] be less than forty feet, or in any area covered by huts, twenty feet.
Proviso to sub-section (2) was omitted by, ibid. [ ******* ****** *******]
(3) It shall be the duty of the council to layout public street in areas covered by huts, so far as may be practicable, both for the purpose of securing proper ventilation for huts in such areas, and in view to the contingency of buildings being erected therein.
(4) When any plan has been prepared under sub-section (1), the street to which it refers shall be deemed to be a projected public street, and the provisions of section 168 shall apply to all buildings, so far as they stand across the street alignment or building line of the projected street.

171. Watering of streets -
The council shall, so far as it considers it requisite for the public convenience, and so far as funds permit, cause the chief pubic streets to be watered and for that purpose may provide such water-carts, animals and apparatus as it necessary.

172. Temporary closure of streets -
The Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] may by an order in writing temporarily close any street to traffic for repair, or in order to carry out any work connected with drainage, water supply or lighting or any of the purposes of this Act.
Provided that such work shall be completed and such street reopened to traffic with all reasonable speed.

NOTES
Public Road " Cannot be any obstruction " 41 M 538;

173. Protection of appurtenances and materials of streets "
It shall not be lawful for any person without the permission of the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority], to displace, take up, or make any alteration in the fences, posts, pavement, flags or other materials of any public street.

174. Power of municipality to recover expense caused by extraordinary traffic. -
When by a certificate of an officer of the Government Public Works Department of a rank not below that of Executive Engineer it appears to the council that, having regard to the average expense of repairing roads in the neighbourhood extraordinary expenses have been incurred by the municipal council in repairing a street by reason of the damage caused by excessive weight passing along the street, or extraordinary traffic thereon, the council may recover in the civil Court having jurisdiction from any person by or in consequence of whose order such weight or traffic has been conducted the amount of such expenses as may be proved to the satisfaction of such court to have been incurred by such council by reason of the damage arising from such weight or traffic as aforesaid.
Provided that any person against whom expenses are or may be recoverable under this section may enter into an agreement with the council for the payment to it of, a composition in respect of such weight or traffic and thereupon the persons so paying shall not be subject to any proceedings under this section.

NOTES
Scope of " (1941) 1 MLJ 824;
Section 174-A omitted by Tamil Nadu Traffic Control Act, 1938 (Tamil Nadu Act V of 1938). [ 174-A. * ******* *****]

175. Owner's obligation to make a street when disposing of land as building sites. -
If the owner of any land utilizes, sells, leases or otherwise disposes of such land or any portion or portions of the same as sites for the construction of buildings, he shall, save in such cases as the site or sites may abut on an existing public or private street, lay down and make a street or streets, a road or roads giving access to the site or sites and connecting with an existing pubic or private street.

176. Making a new private streets -
(1) Any person intending to make or lay out a new private street, shall send to the municipal office a written application with plans and sections showing the following particulars namely;
(a) the intended level, direction and width of the street,
(b) the street alignment and the building line and
(c) the arrangement to be made for leveling, paving, metaling, flagging, channeling, sewering, draining, conserving and lighting the street.
(2) The provisions of this Act and of any rules or by-laws made under this Act as to the level and width of public streets and the height of building abutting thereon shall apply also in the case of streets referred to in sub-section (1); and all the particulars referred to in that sub-section shall be subject to approval by the council.
(3) Within sixty days after the receipt of any application under sub-section (1) the council shall either sanction the making of the street on such conditions as it may think fit, or disallow it, or ask, for further information with respect to it.
(4) Such sanction may be refused "
(i) if the proposed street would conflict with any arrangements which have been made, or which are in the opinion of the council likely to be made, for carrying out any general scheme for the laying out of streets;
(ii) if the proposed street does not conform to the provisions of the Act, rules and by-laws referred to in sub-section (2) or
(iii) if the proposed street is not designed so as to connect at one end with a street which is already open.
(5) No person shall make or lay out any new private street without or otherwise than in conformity with the orders of the council. If further information is asked for no steps shall be taken to make or lay out the street until order have been passed upon receipt of such information.
Provided that the passing of such order shall not in any case be delayed for more than sixty days after the council has received all the information which it considers necessary to enable it to deal finally with the said application. Any application not disallowed within a period of one hundred and twenty days from the date of receipt in the municipal office shall be deemed to have been sanctioned.

NOTES
Failure to comply with the direction of making a private street " Offence " Not restricted to the owner of the building " (1938) 2 MLJ 579;

177. Alternation or demolition of street, made in breach of section 176. "
(1) If any person makes or lays out any street referred to in section 176 without or otherwise than in conformity with the orders of the council, the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] may, whether or not the offender be prosecuted under this Act, by notice-
(a) require the offender to show sufficient cause, by a written statement signed by him and sent to the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] on or before such day as may be specified in the notice, why such street should not be altered to the satisfaction of Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] or if such alternation be impracticable, why such street not be demolished, or
(b) require the offender to appear before the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] either personally or by a duly authorized agent on such day and at such time and place as may be specified in the notice, and show cause as aforesaid.
(2) If any person on whom such notice is served fails to show sufficient cause to the satisfaction of the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] why such street should not be so altered or demolished, the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] may pass an order directing the alteration or demolition of such street.

178. Power of executive authority to order work to be carried out or carry it out himself in default -
(1) If any private street or part thereof is not leveled, paved, metalled, flagged, channeled, drained, conserved or lighted to the satisfaction of the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] he may by notice require the owners or occupier of building or lands fronting or abutting on such street or part thereof to carry out any work which in his opinion may be necessary and within such time as may be specified in such notice.
(2) If such work is not carried out within the time specified in the notice, the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] may, if he thinks fit, execute it and the expenses incurred shall be paid by the owners or occupiers in default according to the frontage of their respective buildings, or lands and in such proportion as may be settled by the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority].

NOTES
Liable " who are ? " (1938) 2 MLJ 382;

179. right of owners to require street to be declared public "
If any street has been leveled, pave, metalled, flagged, channeled, drained, conserved and lighted under the provisions, of section 178, such street shall, on the requisition of not less than three-fourths of the owners thereof, be declared a public street.
Encroachment on streets

180. Prohibition against obstructions in or over streets -
No one shall build any wall or erect any fence or other obstruction, or projection, or make any encroachment in or over any street except as hereinafter provided.

NOTES
Pandal is a projection " 19 MLJ 757;
Removal of projection " Order to Remedy 47 MLJ 917 ;
Prosecution " Limitation 3 months " 47 MLJ 917;
Private House " Window " Opening of " Whether an offence- 55 LW 466;
Statute " Whether a building " Right to erect in the Public Street " AIR 1971 MAD 155;

Inserted by Tamil Nadu District Municipalities (Amendment) Act, 1929 (Tamil Nadu Act XVII of 1929) [180-A. Public street open to all -
All streets vested in or to be vested in or maintained by a municipal council shall be open to persons of whatever caste or creed.]

NOTES
Public Street " Open to all " (1990) MLJ 506;

181. Prohibition and regulation of doors, ground-floor windows and bars opening outwards "
(1) No door, gate, bar or ground-floor window shall without a licence from the Inserted by Tamil Nadu District Municipalities (Amendment) Act, 1929 (Tamil Nadu Act XVII of 1929) [executive authority] be hung or placed so as to open outwards upon any street.
(2) The Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) may by notice require the owner of such door, gate, bar or window to alter it so that no part thereof when open shall project over the street.

NOTES
Window and Door " only when projects over the street " Offence " when paralled to the street not an offence " (1942) 2 MLJ 145;

182. Removal of encroachments "
(1) The Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XVII of 1933) [executive authority] may notice require the owner of occupier of any premises to remove or alter any projection, encroachment or obstruction (other than a door, gate, bar or ground-floor window) situated against or in front of such premises and in or over any street.
(2) If the owner or occupier of the premises proves that any such projection, encroachment or obstruction has existed for a period sufficient under the law of limitation to give any person a prescriptive title thereto or that it was erected or made with the permission or licence of any municipal authority duly empowered in that behalf, and that the period, if any, for which the permission or licence is valid has not expired, the municipal council shall make reasonable compensation to every person who suffers damage by the removal or alteration of the same.

NOTES
Object of " 47 MLJ 470;
Applicability of " Private and pubic streets (1942) 1 MLJ 586;
Projection over the street " Right of municipality " (1943) 1 MLJ 405;
Encroachment in public street " Injunction " grant of " 1LR (1966) 1 M 550;
Encroachment " Failure of Municipal authorities " Right of Police " 1995 Writ. L.R. 581
"Or" " effect of the expression " right of municipality " 58 MLJ 622;

183. Power to allow certain projection and restrictions "
The council may grant a licence, subject to such conditions and restrictions as it may think fit, to the owner or occupier of any premises to put up verandas, balconies, sunshades, weather-frames and the like, to project over a street, or in streets in which the construction of arcades has been sanctioned by the council, to put up an arcade; or to construct may step or drain-covering necessarily for access to the premises.
Sub-sections (2) to (6) substituted for the original sub-sections (2) and (3) by the Tamil Nadu District Municipalities (amendment) act, 1930 (Tamil Nadu Act X of 1930) [ (2) The Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] may grant a licence, subject to such conditions and restrictions as he may think fit, for the temporary erection of pandals and other structures in a public street vested in the council or in any other public place the control of which is vested in the council.
Sub-sections (2) to (6) substituted for the original sub-sections (2) and (3) by the Tamil Nadu District Municipalities (amendment) act, 1930 (Tamil Nadu Act X of 1930) [(3) The council shall have power to lease road sides and street margins vested in it for occupation on such terms and conditions and for such period as the council may fix.]
Sub-sections (2) to (6) substituted for the original sub-sections (2) and (3) by the Tamil Nadu District Municipalities (amendment) act, 1930 (Tamil Nadu Act X of 1930) [(4) But neither a licence under sub-section (1) nor a lease under sub-section (3) shall be granted if the projection, construction or occupation is likely to be injurious to health or cause public inconvenience or otherwise materially interfere with the use of the road as such.]
Sub-sections (2) to (6) substituted for the original sub-sections (2) and (3) by the Tamil Nadu District Municipalities (amendment) act, 1930 (Tamil Nadu Act X of 1930) [(5) The Substituted by Adaptation Order of 1937 and substituted Adaptation Order of 1950 [State Government] may, by notification, restrict and place under such control as they may think fit, the exercise by municipal councils in general or by any municipal council in particular, of the power under sub-sections (1) and (3)]
(6) On the expiry of any period for which a licence has been granted under this section, the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] may, without notice, cause any projection or construction put up under sub-section (1) or (2) to be removed, and the cost of so doing shall be recoverable in the manner provided in section 344 from the person to whom the licence was granted.]

NOTES
Removal Of Encroachment " Legal procedure must be followed " (1991) 2 MLJ 114;
Right of Municipality to action " Control of " (1954) 2 MLJ 606;
Power under " (1956) 2 MLJ 188;
Notice under Failure to issue " effect of (1991) Writ L.R. 496;

184. Precautions during repair of Streets -
The Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] shall during the construction or repair of any street, drain or premises vested in the municipal council.
(a) cause the same to be fenced and guarded,
(b) take proper precautions against accident by shoring up and protecting the adjoining buildings, and
(c) cause such bars, chain or posts to be fixed across or in any street in which any work is under execution as are necessary in order to prevent the passage of vehicles or animals and avert damage.
(2) The Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] shall cause such drain, street, or premises to be sufficiently lighted or guarded during the night while under construction or repair.
(3) The Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] shall, with all reasonable speed, complete the said work, fill in the ground, and repair the said drain, street or premises and remove the rubbish occasioned thereby.

185. Prohibition against removal of bars and lights. -
No person shall without lawful authority remove any bar, chain, post or shoring timber or remove or extinguish any light set up under section 184.

186. Prohibition against making holes and causing obstruction "
(1) Noperson shall make a hole or cause any obstruction in any street, unless, he previously obtains the permission of the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] and complies with such conditions as that officer may impose.
(2) When such permission is granted, such person shall, at his own expense, cause such hole or obstruction to be sufficiently fenced and enclosed until the hole or obstruction is filled up or removed and shall cause such hole or obstruction to be sufficiently lighted during the night.

187. Licence for work on buildings likely to cause obstruction "
If any person intends to construct or demolish any building or to alter or repair the outward part thereof, and if any street or footway is likely to be obstructed or rendered inconvenient by means of such work, he shall first obtain a licence from the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] in that behalf and shall also "
(a) cause the said building to be fenced and guarded,
(b) sufficiently light is during the night, and
(c) take proper precautions against accidents during such times as the public safety or convenience requires.

188. Clearing of debris of fallen houses etc., by occupiers -
If any obstruction is caused in any street by the fall of trees, structures or fences, the owner or occupier of the premises concerned shall within twelve hours of the occurrence of such fall, or within such further period as the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [Executive authority] may by notice allow, clear the street of such obstruction.
Substituted by (Tamil Nadu Act XXX of 1979) [NAMING OF STREETS ETC.]

189. Substituted by ibid [Naming of public streets, etc.] -
(1) Sub-section (1) substituted by ibid [ With the approval of the State Government the council shall give names of 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;
Proviso omitted by (Tamil Nadu Act XIX of 1990)
(2) The Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] shall cause to be put up or painted in English and in at least one vernacular language on a conspicuous part of some building, wall or place, at or near each and, corner or entrance the name of every public street.
(3) No person shall without lawful authority destroy, pull down, or deface any such name or put up any name different from that put up by order of the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XVII of 1933) [executive authority]
Numbers on buildings

190. Numbering of buildings -
(1) The Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [Executive authority] may cause a number to be affixed to the side or outer door of any building or to some place at the entrance of the premises.
(2) No person shall without lawful authority destroy, pull down or deface any such number.
(3) When a number has been affixed under sub-section (1), the owner of the building shall be bound to maintain such number and to replace it if removed or defaced; and if he fails to do so, the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] may by notice require him to replace it.

CHAPTER X " BUILDING REGULATIONS

General Powers

191. Building rules -
(1) The Substituted by Adaptation Order of 1937 and by Adaptation Order of 1950 [State Government] may make rules "
(a) for the regulation or restriction of the use of sites for building, and
(b) for the regulation or restriction of building.
(2) Without prejudice to the generality of the power conferred by sub-section (1), clause (a), rules made under that clause may provide.
(a) that no insanitary or dangerous site shall be used for building, and
(b) that no site shall be used for the construction of a building intended for public worship, if the construction of the building thereon will wound the religious feelings of any class of persons.
(3) Without prejudice to the generality of the power conferred by sub-section (1), clause (b), rules made under that clause may provide for the following matters "
(a) information and plans to be submitted together with applications for permission to build.
(b) height of buildings, whether absolute or relative to the width of streets;
(c) level and width of foundation, level of lowest floor, and stability of structure;
(d) number and height of storeys composing a building and height of rooms;
(e) provision of sufficient open space, external or internal, and adequate means of ventilation;
Clause (ee) inserted by (Tamil Nadu Act XXIII of 1987)[(ee) number of trees to be planted and preserved around a building;]
(f) provision of means of egress in case of fire;
(g) provision of secondary means of access for the removal of filth;
(h) materials and methods of construction of external and party walls, roofs and floors;
(i) position , material and methods of construction of hearths, smoke-escapes, chimneys, staircases, latrines, drains, cess-pools;
(j) paving of yards;
(k) restriction on the use of inflammable materials in building; and
(l) in the case of wells, the dimensions of the well, the manner of enclosing it, and if the well is intended for drinking purposes, the means which shall be used to prevent pollution of the water.

NOTES
Latrine at a particular place " Application for " Power " 59 MLJ 479;

192. Building site and construction or reconstruction of building. "
No piece of land shall be used as a site for the construction of a building and no building shall be constructed or reconstructed otherwise than in accordance with the provisions of this Part and of any rules or by-laws, made under this Act relating to the use of building-sites or the construction or reconstruction of buildings;
Provided that the Substituted by the Adaptation Order of 1937 and by Adaptation Order of 1950 [State Government] may in respect of all municipalities or with the consent of the municipal council, in respect of any particular municipality or portion thereof, exempt all buildings, or any class of buildings from all or any of the provisions of this chapter or the said rules.

193. Powers of council to regulate future construction of certain classes of buildings in particular streets or localities "
(1) The council may give public notice of its intention to declare "
(a) that in any streets or portion of streets specified in the notice
(i) continuous building will be allowed;
(ii) the elevation and construction of the frontage of all buildings thereafter constructed or reconstructed shall, in respect of their architectural features, be such as the council may consider suitable to the locality or
(b) that in any localities specified in the notice, the construction or only detached buildings will be allowed, or
(c) that in any streets, portions of streets or localities specified in the notice, the construction of shops, factories, warehouses, huts or buildings of a specified architectural character or buildings destined for particular uses will not be allowed, without the special permission of the council.
(2) No objections to any such declaration shall be received after a period of three months from the publication of such notice.
(3) The council shall consider all objections received within the said period and may then confirm the declaration, and before doing so, may modify it but not so as to extend its effect.
(4) The Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] shall publish any declaration so confirmed and it shall take effect from the date of publication.
(5) No person shall, after the date of publication of such declaration, construct or reconstruct any building in contravention of any such declaration.

NOTES
Scope of " 52 MLJ 653;

194. Buildings at corner of streets -
(1) The council may require any building intended to be erected at the corner of two streets to be rounded off or splayed off to such height, and to such extent or otherwise as it may determine and may acquire such portion of the site at the corner as it may consider necessary for public convenience or amenity.
(2) For any land so acquired the municipal council shall pay compensation.
(3) In determining such compensation allowance shall be made for any benefit accruing to the same premises from the improvement of the streets.

195. Prohibition against of inflammable materials for buildings without permission -
No external roof, verandah, pandal or wall of a building shall be constructed or reconstructed of grass leaves, mats, or other inflammable materials except with the permission of the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] .

NOTES
Interpretation of " 54 MLJ 642

196. Prohibition against constructing doors, ground-floor windows and bars so as to open outwards "
No door, gate, bar or ground-floor window which opens on any public streets shall be constructed or reconstructed so as to open outwards except with the Subs. Ibid [licence of the executive authority] under section 181.
Applicability of " See Sec 5A of T.N. Cinemas Reg. Act 1955 (IX of 1955) Buildings other than huts.

197. Application to construct or reconstruct building "
(1) If any person intends to construct or reconstruct a building other than a hut, he shall send to the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] "
(a) an application in writing for the approval of the site, together with a site plan of the land, and
(b) an application in writing for permission to execute the work together with a ground-plan, elevations, and sections of the building, and a specification of the work.
Explanation added by Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act XV of 1930) [ Explanation " ˜Building' in this sub-section (1) shall include a wall or fence of whatever height bounding or abutting on any public street.]
2. Every document furnished under sub-section (1) shall contain such particulars and be prepared in such manner as may be required under rules or by-laws.

NOTES
Reconstruction of a wall " Sanction whether necessary " (1992) 2 MLJ 611;
Reconstruction " Permission " Necessary of " Contents of area " Relevance of " (1978) 2 MLJ 288;
Construction " Unauthorised injunction in respect of interference with possession " Whether prosecution " Bar of (1969) L.W. Crl. 170

198. Necessity for prior approval of site "
The Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] shall not grant permission to construct or reconstruct a building unless and until he has approved of the site on an application made under section 197.

199. Prohibition against commencement of work without permission -
The construction or reconstruction of a building shall not be begun unless and until the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) has granted permission for the execution of the work.

NOTES
S.199 " Execution of work " Permission " Not obtained- No notice for action " (1958) MLJ Crl. 457.

200. Period within which executive authority is to signify approval or disapproval "
Within thirty days after the receipt of any application made under section 197 for approval of a site or of any information or further information required under rules or by-laws, the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] shall by written order either approve the site or refuse on one or more of the grounds mentioned in section 203 to approve the site.

201. Period within which executive authority is to grant or refuse to grant permission to execute work "
Within thirty days after the receipt of any application made under section 197 for permission to execute any work or of any information or of documents or further information or documents required under rules or by-laws, the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] shall by written order either grant such permission or refuse on one or more of the grounds mentioned in section 203 to grant it:
Provided that the said period of thirty days shall not begin to run until the site has been approved under section 200.

202. Reference to council if executive authority delays grant or refusal of approval or permission -
(1) If, within the period prescribed by section 200 or section 201, as the case may be the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] has neither given nor refused his approval of a building site, or his permission to execute any work as the case may be , the council shall be bound, on the written request of the applicant, to determine by written order whether such approval or permission should be given or not.
(2) If the council does not, within one month from the receipt of such written request, determine whether such approval or permission should be given or not, such approval or permission shall be deemed to have been given; and the applicant may proceed to execute the work, but not so as to contravene any of the provisions of this Act or any rules or by-laws made under this Act.

203. Grounds on which approval of site for, or licence to construct or re-construct building, may be refused -
The only grounds on which approval of a site for the construction or reconstruction of a building or permission to construct or reconstruct a building may be refused are the following, namely "
(1) that the work, or use of the site for the work or any of the particulars comprised in the site plan, ground plan, elevations, sections or specification would contravene some specified provision of any law, or some specified order, rule declaration or by-law under any law;
(2) that the application for such permission does not contain the particulars or is not prepared in the manner required under rules or by-laws;
(3) that any of the documents referred to in section 197 have not been signed as required under rules or by-laws;
(4) that any information or documents required by the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] under rules or by-laws has or have not been duly furnished;
(5) that streets or roads have not been made as required by section 175; or
(6) that the proposed building would be an encroachment upon Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [Government or municipal land.]
Whenever the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] or the council refuses to approve a building site for a building or to grant permission to construct or reconstruct a building, the reasons, for such refusal shall be specifically stated in the order or resolution.

204. Lapse of permission -
If the construction or reconstruction of any building is not completed within the period specified, the permission shall lapse and a fresh application shall be made before the work is continued.

205. Power of executive authority to require alteration of work -
(1) If the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] finds that the work "
(a) is otherwise than in accordance with the plans or specifications which have been approved, or
(b) contravenes any of the provisions of this Act or any by-law, rule, or declaration made thereunder, he may by notice require the owner of the building within a period state either "
(i) to make such alterations as may be specified in the said notice with the object of bringing the work into conformity with the said plans or provisions or
(ii) to show cause why such alterations should not be made
(2) If the owner does not show cause as aforesaid, he shall be bound to make the alterations specified in such notice.
(3) If the owner shows cause as aforesaid, the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] shall by an order cancel the notice issued under sub-section (1), or confirm the same subject to such modifications as he may think fit.

NOTES
S.205 read with S.317 (c) and 347 "Offences under Limitation " Starting Point " 1973 TNLJ 126

206. Stoppage of work endangering human life "
Notwithstanding anything contained in any of the preceding sections, the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] may at any time stop the construction or reconstruction of any building if in his opinion the work in progress endangers human life.
Wells

207. Application of certain sections to wells "
The provisions of section 197, section 198, section 204, section 205, and section 206 shall, so far as may be, apply to a well.
Huts

208. Application to construct or reconstruct huts -
(1) Every person who intends to construct or reconstruct a hut shall send to the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] "
(a) an application for permission to execute the work, and
(b) a site plan of the land,
(2) Every such application and plan shall contain the particulars and be prepared in the manner required by rule or by-law.

209. Prohibition against commencement of work without permission "
The construction or reconstruction of a hut shall not be begun unless and until the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] has granted permission for the execution of the work on an application sent to him under section 208.

210. Period within which executive authority is to grant or refuse to grant permission to execute the work -
Within fourteen days after the receipt of any application made under section 208 for permission to construct or reconstruct a hut or of any information nor plan or further information or fresh plan required under rules or by-laws, the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] shall by written order either grant such permission or refuse on one or more of the grounds mentioned in section 212 to grant it.

211. Reference to council if executive authority delays passing orders "
(1) If, within the period prescribed by section 210, the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] has neither granted nor refused to grant permission to construct or reconstruct a hut, the council shall be bound, on the written request of the applicant, to determine by written order whether such permission should be granted or not.
(2) If the council does not, within thirty days from the receipt of such written request, determine whether 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 the provisions of this Act or any rules or by-laws made under this Act.

212. Grounds on which permission to construct or reconstruct hut may be refused -
The only ground on which permission to construct a hut may be refused are the following, namely;-
(1) that the work or use of the site for the work would contravene some specified provision of any law or some specified order, rule, by law or declaration made under any law;
(2) that the application for permission does not contain the particulars or is not prepared in the manner required under rules or by-laws;
(3) that any information or plan required by the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] under rules or by-laws has not been duly furnished.
(4) that streets or roads have not been made as required by section 175; or
(5) that the proposed building would an encroachment upon Substituted Adaptation Order of 1937 and by Adaptation Order of 1950 [Government or municipal land]
Whenever the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] or the council refuses to grant permission to construct or reconstruct a hut the reasons for such refusal shall by specifically stated in the order or resolution.

213. Lapse of permission "
If the construction or reconstruction of any hut is not completed within the period specified the permission shall lapse and a fresh application shall be made before the work is continued.
External walls, alterations and additions.

214. Maintenance of external walls in repair -
The owner or occupier of any building adjoining a public street shall keep the external part thereof in proper repair with lime-plaster or other material to the satisfaction of the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority].

215. Application of provisions to alterations and additions -
(1) The provisions of this chapter and of any rules or by-laws made under this Act relating to construction and reconstruction of buildings shall also be applicable to any alteration thereof or addition thereto;
Provided that works of necessary repair which do not affect the position or dimension of a building or any room therein shall not be deemed an alteration or addition for the purposes of this section.
(2) If any question arises as to whether any addition or alteration is a necessary repair not affecting the position or dimensions of a building or room such question shall be referred to the council whose direction shall be final.

NOTES
"Effect" " Meaning of " (1954) 2 MLJ 556;
Powers of the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority]

216. Demolition or alteration of building work unlawfully commenced, carried on or completed -
(1) If the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] is satisfied.
(i) that the construction or reconstruction of any building or well "
(a) has been commenced without obtaining the permission of the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] of (where an appeal or reference has been made to the council) in contravention of any order passed by the council, or
(b) is being carried on, or has been completed otherwise than in accordance with the plans or particulars on which such permission or order was based, or
(c) is being carried on, or has been completed in breach of any of the provisions of this Act or of any direction or requisition lawfully given or made under this Act or such rules or by-laws, or
(ii) that any alterations required by any notice issued under section 205 have not been duly made, or
(iii) that any alterations of or addition to any building or any other work made or done for any purpose, into or upon any building, has been commenced or is being carried on or has been completed in breach of section 215, he may make a provisional order requiring the owner or the building to demolish the work done or so much of it as, in the opinion, of the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority], has been unlawfully executed or to make such alterations as may in the opinion of the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] be necessary to bring the work into conformity with the Act, by-laws, rules direction or requisitions as aforesaid, or with the plans and particulars on which such permission or order was based; and may also direct that until the said order is complied with the owner or builder shall refrain from proceeding with the building or well.
(2) The Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] shall serve a copy of the provisional order made under sub-section (1) on the owner of the building or well together with a notice requiring him to show cause within a reasonable time to be named in such notice why the order should not be confirmed.
(3) if the owner fails to show cause to the satisfaction of the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority], the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] may confirm the order with any modification he may think fit to make, and such order shall then be binding on the owner.

NOTES
S.216 " Prosecution " Limitation for " (1948) 1 MLJ 413;
s.216 " Construction without prior sanction in Government Land " Power of Municipality to demolish " Scope, Power, extent of 1972 TNLJ 233.
S.216 (3) " Read with S 317 and 347 " Alteration of Building " Unlawful commencement " Owner on the date of order ceased to be a owner " Prosecution " not maintainable " Starting point of Limitation 1980 TNLJ 93;
Exemptions

217. Exemptions " (1) Any building constructed and used, or intended to be constructed and used, exclusively for the purpose of a plant-house, summer house (not being a dwelling house ) poultry house or aviary, shall be exempted from the provisions of this chapter other than section 196 provided the building be wholly detached from , and situated at a distance of at least ten feet from, the nearest adjacent building.
(2) The Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] may grant permission at his discretion on such term as he may decide in each case to erect for a specified period temporary huts or sheds for stabling, for watching crops, for storing tools or materials, or for other similar purposes. On expiry of the period specified, the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] may by notice require the owner of such hut or shed to demolish.

CHAPTER X-A

Building Regulations in Hill Stations

217-A. Application of Chapter -
This Chapter shall apply only to hill stations.
217-B. Prohibition of construction or re-construction of buildings, etc., without licence " (1) No person other than the Central or State Government or local authority, shall "
(a) construct or reconstruct a building on any land; or
(b) put to use any agricultural land to any non-agricultural purpose, or
(c) carry out any engineering, mining or other allied operations on any land, within the area of the hill station without a licence granted by the State Government and except in accordance with the terms and conditions specified in such licence.
Explanation " For the purpose of the provisions of this Chapter, "agriculture" includes, horticulture, fruit growing, seed growing, animal husbandry (including breeding of livestock), agriculture, pisiculture and sericulture and "agricultural" shall be construed accordingly.
(2) (a) When any department of the Central Government or State Government or any local authority proposes to carry out any construction or reconstruction of building on any land or put to use any agricultural land to non-agricultural purpose or carry out any engineering, mining or other allied operations on any land within the area of the hill station, the officer-in-charge thereof shall inform, in writing, the Committee for Agricultural and Aesthetic Aspects constituted under section 217-C (hereinafter in this Chapter referred to as the Committee) the intention to do so , giving full particulars thereof, and accompanied by such plans and documents at least three months before commencing such activities.
(b) Where the Committee raises any objection to the proposed construction or reconstruction or putting to use any agricultural land to non-agricultural purpose or the carrying out any engineering, mining or other allied operations, on the ground that such proposal is not in conformity with the provisions of this Chapter, or the rules made thereunder or for any other material consideration, the officers of Central Government or the State Government or any local authority, as the case may be, shall "
(i) either make necessary modifications in the proposed construction or re-construction of building or putting to use any agricultural land to non-agricultural purpose or the carrying out of any engineering, mining or other allied operations to meet the objection raised by the Committee or
(ii) submit such proposal together with the objections raised by the Committee to the State Government for approval.
(c) The State Government on receipt of such proposal together with the objection of the committee, shall in consultation with the Committee, either approve the proposal with or without modification or direct the officer to make such modification in the proposal as they consider necessary in the circumstances and the officer concerned shall be bound to make such modifications as proposed by the State Government.

217-C. Application for licence -
(1) Every application for a licence under section 217-B shall be in such form, contain such particulars and be accompanied by such plans and fee as may be prescribed and shall be submitted to the executive authority.
(2) On receipt of an application under sub-section (1), the executive authority shall, within such time as may be prescribed, examine the application with reference to such building rules as may be prescribed for the purpose of this Chapter, and forward the same to the Committee.
(3) (a) For the purpose of this Chapter, the State Government may constitute a Committee called the Committee for Architectural and Aesthetic Aspects for all the hill stations in the state of Tamil Nadu, with such number of officials and non-officials and having such qualifications as may be prescribed.
(b) The term of office of the non-official members of the Committee and other matters relating to the conduct of the meeting of the said Committee including the allowances payable to the non-official members shall be such as may be prescribed.(4) The committee shall examine every application received from the executive authority in all aspects and forward the same to the State Government with its remarks.
(5) The Committee shall while examining the applications under sub-section (4), shall have regard to the following matters, namely "
(a) the application for grant of a licence complies with the provisions of this Chapter and rules made thereunder;
(b) the proposed construction or reconstruction of the building or the purpose for which the land is proposed to be used will not be detrimental to the scenic beauty and natural environment of the hill station.
(c) the proposed construction or reconstruction of building, the non-agricultural purpose for which the land is to be used or carrying out of any engineering, mining or other allied operations "
(i) creating unfavourable conditions upon the scenic beauty and natural environment of the hill station ; or
(ii) resulting in concentration of population in and around the hill station;
(e) that the proposed use of land will not lead to deforestation and soil erosion;
(f) that the proposed use of land will preserve the special characteristics of the hill station as regards landscape, vegetative cover and climate of the hill station;
(g) the free passage or way to be left in front of the building as may be prescribed;
(h) the open space to be left about the building to secure free circulation of air and the prevention of fire and to facilitate scavenging;
(i) the ventilation of the building, the minimum cubic area of the rooms and the number and height of the storeys of which the building may consist;
(i) the provision and position of drains, latrines, urinals and cesspools or other receptacles for rubbish or filth;
(k) the level and width of the foundation, the level of the lowest floor and the stability of the structure;
(l) the line of frontage, with neighbouring buildings if the building abuts on a street;
(m) the means of egress from the building in case of fire;
(n) the materials to be used for, and the method of construction of, external and partition walls, rooms, floor, fireplaces and chimneys;
(o) the height and slope of the roof above the upper " most floor on which human beings are to live or cooking is to be done;
(p) any other matter affecting the ventilation and sanitation of the building and
(q) such other matters as may be prescribed.

217-D. Grant of licence -
On receipt of an application from the Committee with its remarks, the State Government if satisfied that the grant of a licence will not result in the deterioration of scenic beauty or destruction of the environment and ecosystem of the hill station, may, grant a licence subject to such terms and conditions as they may think fit to impose, or refuse to grant a licence;
Provided that a licence shall not be refused unless the applicant has been given an opportunity of making his representation.

217.E Power to cancel or suspend licence "
(1) The State Government may at any time, cancel or suspend any licence granted under section 217-D if "
(a) such licence has been obtained by fraud, misrepresentation or suppression of material particulars or
(b) the holder of the licence has contravened any of the provisions of this Act and in particular the provisions of this Chapter or any rules made thereunder or any of the terms and conditions subject to which the licence was granted.
(2) Before canceling or suspending a licence under sub-section (1) the State Government shall give the holder of the licence an opportunity of making his representation.

217-F. Period of licence -
Every licence granted under section 217-D shall be valid for a period of one year form the date on which it is granted and if the construction or reconstruction of a building or the user of agricultural land for non-agricultural purpose, or the engineering, mining or other allied operations for which the licence is granted is not commenced within the said period, it shall not be commenced thereafter unless the State Government on application made therefore has extended the period of licence.

217-G. Penalties "
(1) Whoever within the area of a hill station begins, continues or completes the construction or reconstruction of a building or puts to use any agricultural land to non-agricultural purpose or carries out any engineering , mining or other allied operations "
(a) without a licence or
(b) without complying with any of the terms and conditions of a licence or
(c) when a licence has been refused ; or
(d) after the expiry of the licence granted under section 217-D, shall be punishable with fine which may extend to five thousand rupees.
(2) Whoever within the area of a hill station "
(a) uses any building constructed or reconstructed for a purpose other than that specified in the licence;
(b) puts to use any agricultural land to non-agricultural purpose other than the purpose for which the use of land was permitted under the licence, shall be punishable with fine which may extend to five thousand rupees.

217-H. Penalty for subsequent offence "
Whoever after having been convicted of an offence under this Chapter, continues to commit such offence, shall be punishable with fine which may extend to three hundred rupees for each day after the previous date of conviction during which the offence continues.

217-I. Offences by companies -
(1) If the person committing an offence under this Chapter is a company, every person who at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly;
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Chapter, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Chapter has been committed by a company and it is proved that the offence has been committed with the consent or connivance of , or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation " For the purpose of this section, -
(a) ˜company' " means any body corporate and includes a firm society or other association of individuals and
(b) ˜director' in relation to "
(i) a firm means a partner in the firm;
(ii) a society or other association of individuals, means the person who is entrusted, under the rules of the society or other association, with the management of the affairs of the society or other Association as the case may be

217-J . Power to stop work -
The State Government may, at any time by notice in writing, direct the owner, lessee or occupier of any land in a hill station "
(a) to stop the construction or reconstruction of any building on such land ; or
(b) to stop the user of any building or land for any purpose; or
(c) to alter or demolish, within such time as may be specified in the notice any building or any part thereof or
(d) to stop the user of any agricultural land for non-agricultural purpose ; or
(e) to stop the building, engineering, mining or other allied operations, if in the opinion of the State Government the construction or reconstruction of the building or part thereof, the user of the building or land or the user of any agricultural land for non-agricultural purpose or the carrying out of the building, engineering, mining or other allied operations is in contravention of any of the provisions of this Act and in particular, the provisions of this Chapter or the rules made thereunder or any of the terms and conditions subject to which a licence is granted under this Chapter.
(2) If any direction given under sub-section (1) is not complied with, within the time specified in the notice, the state Government may have such direction carried into effect at the cost of the local authority of the hill station concerned and the amount thereof shall be recovered from the defaulter by the said local authority as if it were an arrear of land revenue.

217-K. Review -
(1) The State Government may, on application, review any order decision or direction made by them including the grant or refusal of a licence, if it appears to them that any such order, decision or direction or the terms and conditions of the licence should be modified, annulled or reversed and pass orders accordingly.
(2) No order under this section adversely affecting a person shall be made unless that person has had a reasonable opportunity of making his representation.
(3) The State Government may stay the operation of any order, decision or direction made by them including the grant of licence pending the exercise of their power under sub-section (1) in respect thereof.
(4) Every application to the State Government for the exercise of their power under his section shall be made within two months from the date on which the order, decision or direction made by the State Government including the grant of a licence to which the application relates was communicated to the applicant;
Provided that the State Government may entertain an application made after the expiration of the said period of two months, if they are satisfied that the applicant had sufficient cause for not making such application in time.

217-L. Revision by High Court -
(1) Any person aggrieved by an order of the Sate Government under section 217-K may within a period of sixty days from the date on which a copy of the order was communicated to him, file an application for revision of such order to the High Court.
Provided that the High Court may within a further period of thirty days entertain an application made after the said period of sixty days, if it is satisfied that the petitioner had sufficient cause for not making the application within the said period of sixty days.
(2) The application shall be in the prescribed form shall be verified in the prescribed manner and shall be accompanied by such fee as may be prescribed.
(3) In disposing the application for revision, the High Court may confirm, cancel or vary such order.
Provided that no order prejudicial to any party shall be passed unless such party has been given an opportunity of being heard.
(4) Every order passed under this section shall be final.

217-M. Bar of compensation "
No compensation, shall be claimed by any person for any damage or loss sustained by him in consequence of "
(a) the refusal to grant any licence by the State Government;
(b) any terms and conditions subject to which any such licence is granted.
(c) any direction issued under section 217-J;
(d) the operation of any of the provisions of this Chapter or the rules made thereunder.

217-N. Civil Courts not to decide questions under this Chapter "
No civil court shall have jurisdiction to decide or deal with any question which is by or under this chapter required to be decided or dealt with by the State Government.

217-O. Chapter to override other laws "
(1) The provisions of this Chapter shall have effect notwithstanding anything inconsistent therewith contained in this Act or any other law, custom, usage or contract.
(2) Save as otherwise provided in sub-section (1), the provisions of this Chapter shall, be in addition to and not in derogation of, any other provisions of this Act.

217-P. Delegations of powers of Government under this Chapter -
(1) The state Government may by notification, authorize the Collector or exercise any of the powers vested in them under any of the provisions of this chapter in respect of a hill station.
(2) The exercise of any power delegated under sub-section (1) shall be subject to such restrictions and conditions as may be specified in the notification and subject also to control and revision by the State Government.

Substituted by Act 52 of 1994 217 " Q. Power to exempt or relax -
The State Government may, if satisfied that it will not result in the deterioration of scenic beauty or destruction of the environment and eco-system of the hill-station, by order "
(a) exempt, subject to such conditions if any, as may be specified, in the order, the Central Government or the State Government or any building or class of buildings from all or any or the provisions of this Chapter or Chapter X of this Act, or
(b) relax, subject to such conditions if any, as may be specified in the order any rule made under this Chapter or Chapter X of this Act, in favour of the Central Government or the State Government or in respect of any buildings or class of buildings.

CHAPTER XI " NUISANCES
Dangerous structures, trees and places.

218. Precautions in case of dangerous structures "
(1) If any structure appears to the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] to be in ruinous state and dangerous to the passers-by or to the occupiers of neighbouring structures the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] may by notice require the owner or occupier to fence off, take down secure or repairs such structure so as to prevent any danger therefrom.
(2) If immediate action is necessary the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] shall himself before giving notice or before the period of such notice expires, fence off, take down, secure or repair such structure or fence off a part of any street or take such temporary measures as he thinks fit to prevent danger and the cost of doing so shall be recoverable from the owner or occupier in the manner provided in section 344.
(3) If in the Substituted by ibid [opinion of the executive authority] the said structure is imminently dangerous to the inmates thereof, the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] shall order the immediate evacuation thereof and any person disobeying may be removed by any police officer.

219. Precaution in case of dangerous trees -
(1) If any tree or any branch of a tree or the fruit of any tree appears to be the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] to be likely to fall and thereby endanger any person or any structure the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] may by notice require the owner of the said tree to secure, lop or cut down the said tree so as to prevent any danger therefrom.
(2) If immediate action is necessary the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] shall himself before the period of such notice expires, secure, lop or cut down the said tree or remove the fruit thereof or fence off a part of any street or take such other temporary measures as he thinks fit to prevent danger, and the cost of so doing shall be recoverable from the owner of the tree in the manner provided in section 344.

NOTES
S.219 " Tree in private land " Post erected near tree " knowledge of danger known to municipality " Damage to post " Contributory negligence, (1937) 1 MLJ 125.

220. Precautions in case of dangerous tanks, well etc. -
(1) If any tank pond, well, hole stream, dam, bank or other place appears to the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] to be for want of sufficient repair, protection or enclosure, dangerous to the passers-by or to persons living in the neighbourhood, the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] may by notice require the owner to fill in, remove, repair, protect or enclose the same as to prevent any danger therefrom.
(2) If immediate action is necessary he shall before giving such notice or before the period of notice expires, himself take such temporary measures as he thinks fit to prevent danger and the cost so shall be recoverable from the owner in the manner provided in section 344.

221. Power to stop dangerous quarrying "
If in the opinion of the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] the working of any quarry or the removal of stone, earth or other material from any place is dangerous to persons residing in or having legal access to the neighbourhood thereof or creates or is likely to create a nuisance the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] may require the owner or person having control of the said quarry or place to discontinue working the same or to discontinue removal of stone, earth or other material from such place or to take such order with such quarry or place as he shall deem necessary for the purpose of preventing danger or of abating the nuisance arising or likely to arise therefrom.

222. Precautions against fire "
(1) The Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] may by notice require the owner of any structure, booth or tent partly or entirely composed of, or having any external roof, verandah, pandal or wall partly or entirely composed of cloth, grass, leaves. Mats or other highly inflammable materials to remove or alter such tent, booth, structure, roof, verandah, pandal or wall or may grant him permission to retain the same on such conditions as the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] may think necessary to prevent danger from fire.
(2) The Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] may by notice require any person using any place for the storage for private use of timber, firewood, or other combustible things to take special steps to guard against danger from fire.
(3) Where the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] is of opinion that the means of egress from any building are insufficient to allow of safe exit in the event of fire, he may with the sanction of the council by notice require the owner or occupier of the building to alter or reconstruct any staircase in such manner or to provide such additional or emergency staircases as he may direct, and when any building, booth or tent is used for purposes of public entertainment he may require, subject to such sanction as aforesaid, that it shall be provided with an adequate number of clearly indicated exits so placed and maintained as readily to afford the audience ample means of safe egress that the seating be so arranged as not to interfere with free access to the exits and that gangways, passages, and staircases leading to the exits shall during the presence of the public be kept clear of obstructions.
Control over waters, etc.,

223. Prohibition of construction of wells, tanks, etc. without the permission of the executive authority -
(1) No new well, tank, pond, cistern, fountain or the like shall be dug or construed without the permission of the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority]
(2) The Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] may grant permission subject to such conditions as he may deem necessary, or may, for reasons to be recorded by him, refuse it.
(3) If any such work is begun or completed without such permission, the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] may either "
(a) by notice require the owner or other person who has done such work to fill up or demolish such work in such manner as the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] shall direct , or
(b) grant permission to retain such work, but such permission shall not exempt such owner from proceedings for contravening the provisions of sub-section (1).

224. Filling in of pools, etc., which are a nuisance -
(1) If in the opinion of the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority]-
(a) any pool, ditch , tank, well ,pond, bog, swamp, quarry-hole, drain, cess pool, pit, water-course, or any collection of water or
(b) any land on which water may at any time accumulate,
Is or is likely to become a breeding " place of mosquitoes or in any other respect a nuisance, the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] may by notice require the owner or person having control thereof to fill up, cover over, weed and stock with larvicidal fish, petrolize, drain or drain off the same in such manner and with such materials as the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] shall direct or take such order with the same for removing or abating the nuisance as the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] shall direct.
(2) If a person on whom a requisition is made under sub-section (1) to fill up, cover over, or drain off a well, delivers to the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] within the time specified for compliance therewith, written objection to such requisition, the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] shall report such objection to the council, and shall make further inquiry into the case, and he shall not institute any prosecution for failure to comply with such requisition except with the approval of the council, but he Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] may nevertheless, if he deems the execution of the work called for by such requisition to be of urgent importance, proceed in accordance with section 339 and, pending the councils disposal of the question whether the said well shall be permanently filled up, covered over, or otherwise dealt with may cause such well to be securely covered over so as to prevent the ingress of mosquitoes, and in every such case, the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] shall determine with the approval of the council whether the expenses of any work already done as aforesaid shall be paid by such owner or by the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] out of the municipal fund or shall be shared, and, if so, in what proportions.

225. Regulations or prohibitions of certain kinds of cultivation "
The council on the report of the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [ Director of Public Health] the Health Officer or the Local Medical Officer that the cultivation of any description of crop, or the use of any kind of manure, or the irrigation of land in any place within the limits of the municipality is injurious to the public health may, with the previous sanction of the Substituted by Adaptation Order of 1950 [State Government] by public notice regulate or prohibit the cultivation, use of manure, or irrigation so reported to be injurious;
Provided that when such cultivation or irrigation has been practiced during the years preceding the date of such public notice with such continuity as the ordinary course of husbandry admits of, compensation shall be paid from the municipal fund to all persons interested for any damage caused to them by absolute prohibition.

226. Cleansing of insanitary private tank or well used for drinking "
(1) The Substituted by T.N. Act XV of 1933[executive authority] may by notice require the owner or of person having control over any private water-course, spring, tank, well or other place, the water of which is used for drinking, bathing or washing clothes to keep the same in good repair and to cleanse it of silt, refuse or vegetation and to protect it from pollution by surface drainage in such manner as the Substituted by T.N. Act XV of 1933[executive authority] may think fit.
(2) If the water of any place which is used for drinking, bathing or washing clothes, as the case may be, is proved to the satisfaction of the Substituted by T.N. Act XV of 1933[executive authority] to be unfit for the purpose, the Substituted by T.N. Act XV of 1933[executive authority] may be notice require the owner or person having control thereof to "
(a) refrain from using or permitting the use of such water, or
(b) close or fill up such place or enclose it with a substantial wall or fence.

227. Duty of council in respect of public well or receptacle of stagnant water -
The municipal council shall maintain in a cleanly conditions all wells, tanks and reservoirs which are not private property, and may fill them up or drain them when it appears necessary to do so.

Inserted by Tamil Nadu District Municipalities (Amendment) Act, 1929 (Tamil Nadu Act XVII of 1929) 227-A.Public wells, etc., open to all -
All such wells, tanks and reservoirs when maintained by the municipal council shall be open to use and enjoyment by persons of whatever caste or creed.]

228. Prohibition against or regulation of washing animals or clothes or washing or drinking in public water-courses, tanks etc. -
The council may, in interest of the public health, regulate or prohibit the washing of animals, clothes or other things, or fishing in any public spring, tank, well, public water-course or part thereof within the municipality and may set apart any such place for drinking or for bathing or for washing clothes, or animals, respectively, or for any other specified purpose.

229. Provision of public wash-houses -
(1) The council may construct or provide and maintain public wash-house or places for the washing of clothes, and may require the payment of such rents and fees for the use of any such wash-house or place as it may determine.
(2) The council may farm out the collection of such rents and fees for any period not exceeding three years at a time on such terms and conditions as it may think fit.
(3) If a sufficient number of public wash-houses or places be not maintained under sub-section (1), the council may without making any charge therefore appoint suitable places for the exercise by washermen of their calling.

230. Prohibition against washing by washerman at unauthorized places "
(1) The council may by public notice prohibit the washing of clothes by washermen in the exercise of their calling, either within the municipality or outside the municipality within three miles of the boundary thereof, except at, -
(a) public wash-houses or places maintained or provided under section 229, or
(b) When any such prohibition has been made no person who is by calling a washerman shall, in contravention of such prohibition, wash clothes, except for himself or for personal and family service or for hire on and within the premises of the hirer, at any place within or 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 within or to be brought within the municipality.

231. Prohibition against defiling water of tanks, etc. whether public or private -
It shall not be lawful for any person to "
(a) bathe in or in any manner defile the water in any place set apart by the council or by the owner thereof for drinking purposes, or
(b) deposit any offensive or deleterious matter in the dry bed of any place set apart as aforesaid for drinking purposes; or
(c) wash clothes in any place set apart as aforesaid for drinking or bathing or
(d) wash any animal or any cooking utensil or wool, skins or other foul or offensive substance or deposit any offensive or deleterious matter in any place set apart as aforesaid for drinking or bathing or
(e) cause or suffer to drain into or upon any place set apart as aforesaid for drinking, bathing or washing clothes, or cause or suffer anything to be brought thereinto or do anything whereby the water may be fouled or corrupted.
Control over abandoned lands, untrimmed hedges, etc.

232. Untenanted buildings or lands -
If any building or land, by reason of abandonment, disputed ownership or other cause remains untenanted, and thereby becomes a resort of idle and disorderly persons or in the opinion of the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] becomes a nuisance, the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority]may after due inquiry by notice require the owner or person claiming to be the owner to secure, enclose, clear or cleanse the same.

233. Removal of filth or noxious vegetation-
The Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] may by notice require the owner or occupier of any building or land which appears to him to be in filthy or unwholesome state, or overgrown with any thick or noxious vegetation, trees or undergrowth injurious to health or offensive to the neighbourhood to clear, cleanse or otherwise put the land in proper state or to clear away and remove such vegetation, trees or undergrowth within twenty-four hours or such longer period and in such manner as may be specified in the notice.

234. Fencing of buildings or lands and pruning of hedges and trees -
The Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] may by notice require the owner or occupier of any building or land near a public street to "
(a) fence the same to the satisfactions of the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority]; or
(b) trim or prune any hedges bordering on the said street so that they may not exceed such height form the level of the adjoining roadway as the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority]may determine; or
(c) cut and trim any hedges or trees ovehanging the said street and obstructing it or the view of traffic or causing it damage; or
(d) lower an enclosing wall or fence which by reason of its height and situation obstructs the view of traffic so as to cause danger.
Control over insanitary buildings

235. Limewashing and cleansing of buildings -
The Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] if it appears to him necessary for sanitary purposes so to do, may by notice require the owner or occupier of any building to limewash or otherwise cleanse the building inside and outside in the manner and within a period to be specified in the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1930(Tamil Nadu Act X of 193) [executive authority] notice.

236. Further powers with reference to insanitary buildings -
(1) Whenever the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] considers "
(a) that any building or portion thereof is, by reason of its having no plinth, or having a plinth of insufficient height, or by reason of the want of proper drainage or ventilation or by reason of the impracticability of cleansing, attended with danger of disease to the occupiers thereof or to the inhabitants of the neighbourhood, or is, for any reason, likely to endanger the public health or safety, or
(b) that a block or group of building is, for any of the said reasons, or by reason of the manner in which the buildings, are crowded together, attended with such risk as aforesaid, he may by notice require the owners or occupiers of such buildings or portions of buildings or at his option, the owners of the land occupied by such building or portions of buildings, to execute such works or to take such measures as he may deem necessary for the prevention of such danger.
(2) No person shall be entitled to compensation for damages sustained by reason of any action taken under or in pursuance of this section save when a building is demolished in pursuance of an order made hereunder, or so far demolished as to require reconstruction, in which cases the municipal council shall make compensation to the owner thereof.
(3) When any building is entirely demolished under this section and the demolition thereof adds to the value of other buildings in the immediate vicinity, the owners of such other buildings shall be bound to contribute towards the compensation payable to the owner of the first-named building in proportion to the increased value acquired by their own property.
(4) When any building is so far demolished under this section as to require reconstruction, allowance shall be made in determining the compensation for the benefit accruing to the premises from the improvement thereof.

237. Building unfit for human habitation -
(1) If any building or portion thereof intended for or used as a dwelling place appears to the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] to be unfit for human habitation, he may apply to the council to prohibit further use of such structure for such purpose, and the council may, after giving the owner and occupiers of the structure a reasonable opportunity of showing cause why such order should not be made, make a prohibitory order as aforesaid.
(2) When any such prohibitory order has been made, the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] shall communicate the purport thereof to the owner and occupiers of the structure and on expiry of such period as is specified in the notice, not being less than thirty days after the service of the notice, no owner or occupier of such structure shall use or suffer it to be used for human habitation until the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] certifies in writing that the causes rendering it unfit for human habitation have been removed to his satisfaction, or the council withdraws the prohibition.
(3) When such prohibitory order has remained in operation for three months, the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] shall report the case to the council, which shall thereupon consider whether the structure should not be demolished. The council shall give the owner not less than thirty days notice of the time and place at which the question will be considered and the owner shall be entitled to be heard when the question is taken into consideration.
(4) If upon such consideration the council is of opinion that the structure has not been rendered fit for human habitation and that steps are not being taken with due diligence to render it so fit and that the continuance of the structure is a nuisance or dangerous or injurious to the health of the public or to the inhabitants of the neighborhood, it shall record a decision to that effect, with the grounds of the decision, and the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] shall in pursuance of the said decision by notice require the owner to demolish the structure.
(5) If the owner under takes to execute forthwith the works necessary to render the structure fit for human habitation and the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] considers that it can be so made fit, the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] may postpone the execution of the decision of the council for such time not exceeding six months as he thinks sufficient for the purpose of giving the owner an opportunity of executing the necessary works.

238. Abatement of overcrowding in dwelling-house or dwelling-place " (1)
If it appears to the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] that any dwelling-place or other building which is used as a dwelling-place, or any room in such a dwelling-house or building, is so over crowded as to endanger the health of the inmates thereof, he may apply to a Magistrate to abate such overcrowding; and the Magistrate after such inquiry as he thinks fit to make, may, by written order, require the owner of the building, or room, within a reasonable time not exceeding four weeks to be specified in the said order, to abate such overcrowding by reducing the number of lodgers, tenants or other inmates of the building or room, or may pass such other order as he may deem just and proper.
(2) The council may, by written order, declare what amount of superficial and cubic space shall be deemed for the purposes of sub-section (1) to be necessary for each occupant of a building or room.
(3) If any building or room referred to in sub-section (1) has been sublet, the landlord of the lodgers, tenants, or other actual inmates of the same, shall for the purposes of this section, be deemed to be the owner of the building or room.
(4) It shall be incumbent on every tenant, lodger or other inmate of a building or room to vacate on being required by the owner so to do, in pursuance of any requestion made under sub-section (1).
Control over certain animals

239. Prohibition against feeding certain animals on filth - No person shall feed or permit any animal, which is kept for dairy purpose or may be used for food, to be fed on filth.

240. Prohibition against keeping animal so as to be a nuisance or dangerous -
No person shall keep any animal on his premises so as to be a nuisance or so as to be dangerous.

241. Power to destroy stray pigs and dogs -
(1) The council may, and if so directed by the District Magistrate, shall, give public notice that unlicensed pigs or dogs straying within specified limits will be destroyed.
(2) When such notice has been given any person may destroy, in any manner not inconsistent with the terms of the notice, any unlicensed pig or dog (as the case may be) found straying within such limits.
General

242. Power of executive authority to use or sell material of dangerous structure taken down, etc and procedure when there is no owner or occupier -
(1) When the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] takes down any structure or part thereof or cuts down any tree or hedge or shrub or part thereof or removes any fruit in virtue of his powers under this chapter, the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority]may sell the materials or things taken down, cut down or removed, and apply the proceeds in or towards payment of the expenses incurred.
(2) If after reasonable inquiry it appears to the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] that there is no owner or occupier to whom notice can be given under any section in this chapter he may himself take such order with the property mentioned in such section as may appear to him to be necessary and may recover the expense incurred by the sale of such property (not being land) or of any portion thereof.

243. Limitations of compensation -
No person shall be entitled save as provided in sections 224, 225, and 236 to compensation for any damages sustained by reasons of any action taken by the municipal authorities in pursuance of their powers under this chapter.

CHAPTER XIII

Licence and Fees

Substituted by the Tamil Nadu Re-enacting (No.III) Act 1948 (Tamil Nadu Act IX of 1948) [General exemption]

Substituted by the Tamil Nadu Re-enacting (Nonie) Act 1948 (Tamil Nadu Act IX of 1948) [ 244. Government and market committees not to obtain license and permission. -
Nothing in this Act or in any rule, by-law or regulation made thereunder shall be construed as requiring the taking out of any licence or the obtaining of any permission under this Act or any such rule, by-law or regulation in respect of any place in the occupation or under the control of the Central or the Substituted by the Adaptation Order of 1950 [State] government or of a market committee established under the Tamil Nadu Commercial Crops Market Act, 1933, or in respect of any Substituted by the Adaptation Order of 1950 [Government] property or of any property belonging to such market committee]

NOTES
S.244 " Exemption " Nor to private bodies (1954) 2 MLJ 667; (1958) 1 MLJ 248;
Licence Fee " Court can interfere if unreasonable l 57 MLJ 71
Coffee stall in Railway station " Licence " necessary ; (1955) 2 MLJ 555; (1957) 2 MLJ 56;
Keeping of animals

245. Licences for places in which animals are kept -
(1) The owner or occupier of any stable, veterinary infirmary, stand, shed, yard, or other place in which quadrupeds are kept or taken in for purposes of profit Substituted by Tamil Nadu District Municipalities (Third Amendment) Act, 1942 (Tamil Nadu Act XXXVIII of 1942) Re-enacted by the Tamil Nadu Re-enacting (No.III) Act, 1948 (Tamil Nadu Act IX of 1948) [shall apply to executive authority for a licence not less than thirty and not more than ninety days before the opening of such place, or the commencement of the year for which the licence is sought to be renewed, as the case may be]
(2) The Substituted by Tamil Nadu Act (XV of 1933) [executive authority] may, by an order and such restrictions and regulations as he thinks fit, grant or refuse to grant such licence.
Provided that this section shall not apply to any such place licenced as a place of public entertainment or resort under the Inserted by the Tamil Nadu Repealing and Amending Act, 1955 (Tamil Nadu Act XXXVI of 1955), and substituted by Tamil Nadu A.O. 1969.[Tamil Nadu] places of Public Resort Act, 1888.
(3) No person shall without or otherwise than in conformity with a licence use any place for such a purpose.

246. General powers of control over stables, cattle-sheds and cow-houses -
(1) All stables, cattle-sheds and cow-houses shall be under the survey and control of the Substituted by Tamil Nadu Act (XV of 1933) [executive authority] as regards their site, construction, materials and dimensions.
(2) The Substituted by Tamil Nadu Act (XV of 1933) may by notice require that any stable, cattle-shed or cow-house be altered, paved, drained, repaired, disinfected or kept in such a state as to admit of its being sufficiently cleaned or be supplied with water or be connected with a sewer, or be demolished.
(3) Every such notice shall be addressed to the owner of the building or land to which the stable, cattle-shed or cow-house belongs, or for the use of the occupants of which the same was constructed or is continued.
(4) The expense of executing any work in pursuance of any such notice shall be borne by the said owner.

247. Power to direct discontinuance of use of buildings as stable, cattle-shed or cow-house -
If any stable, cattle-shed or cow-house is not constructed or maintained in the manner required by or under this Act, the Substituted by Tamil Nadu Act (XV of 1933) may by notice direct that the same shall no longer be used as a stable, cattle-shed or cow-house. Every such notice shall state the grounds on which it proceeds.
Omitted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [
248. ** ** ***]
Industries and Factories

249. Purposes for which places may not be used without licence -
(1) The council may publish a notification in the district gazette and by beat of drum that no place within municipal limits or at a distance within three miles of such limit shall be used for any one or more of the purposes specified in Schedule V without the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority][licence of the executive authority] and except in accordance with the conditions specified therein.
Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act XV of 1930)[Provided that no such notification shall take effect.
(a) until sixty days from the date of publication, and
(b) except with the previous sanction of the Substituted by Adaptation Order of 1950 [State Government] in any area outside the municipal limits]
(2) The owner of occupier of every such place shall within thirty days of the publication of such notification apply to the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] for a licence for the use of such place for such purpose.
(3) The Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] may by an order and under such restrictions and regulations as he thinks fit, grant or refuse to grant such licence.
(4) Every such licence shall expire at the end of the year unless for special reasons the e Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] considers it should expire at an earlier date, when it shall expire at such earlier date as may be specified therein.
(5) Applications for renewal of such licences shall be made Substituted by Tamil Nadu District Municipalities (Third Amendment) Act, 1942 (Tamil Nadu Act XXXVIII of 1942), Re-enacted by the Tamil Nadu Re-enacting (No.III) Act, 1948 (Tamil Nadu Act IX of 1948) [not less than thirty and not more than ninety days] before the end of every year and applications for licences for places to be newly opened shall be made Substituted by Tamil Nadu District Municipalities (Third Amendment) Act, 1942 (Tamil Nadu Act XXXVIII of 1942), Re-enacted by the Tamil Nadu Re-enacting (No.III) Act, 1948 (Tamil Nadu Act IX of 1948) [not less than thirty and not more than ninety days] before they are opened.
Added by the Tamil Nadu District Municipalities (Third Amendment) Act, 1942 (Tamil Nadu Act XXXVIII of 1942) Re-enacted by the Tamil Nadu Re-enacting (No.III) Act, 1948 (Tamil Nadu Act IX of 1948) pay to the panchayat, if any, having jurisdiction over such place, or if there is no such panchayat to the district board having such jurisdiction, such portion of the fee received for the grant or renewal of the licence as the Substituted by the Adaptation Order of 1950[State] Government may, by general or special order, direct.]

NOTES
S.249 " Licence "grant of refusal " Non sustainable Court " Power of: (1949) 1 MLJ 488;
Heading of section Industries and Factories " Impact on the section " Extent of AIR 1939 Mad.470
Danger " Burden of proof of :1931 MWN 517.
Hotels " Licence fee " Whether a tax (1969) 1 MLJ 44;
Notification " Amendments " Publication of "Necessary : (1948) 1 MLJ 418. "Place" " Meaning of; (1958) 2 MLJ 180
Rice " deleting in " Whether licence is necessary ; (1977) 2 MLJ 159.
Hotels " Licence fee " sliding scale " Whether justifiable ; (1954) 1 MLJ 596.
S.249 read with S.31 & 338 Tea Stall " running off " without licence. Notice whether necessary for prosecution ; 1972 TLNJ 537.
S.249 read with Schedule V items with (Q) (QQ) & (S) " Combustible material " meaning of 1 fuel motor others on machinery with the help of the motor cannot " meaning of 1 fuel motor others on machinery with the help of the motor cannot be levied " Place deciding factor: 1995 TLNJ 1665; 76 TLNJ 400.
S.249 read with schedule V (o) " Street Vending " Licence Dealer in oil with Licence; 1972 TLNJ 194.
Under section 5-A(1) of the Tamil Nadu Cinemas Regulation Act, 1955 (Tamil Nadu Act IX of 1955) the provisions of the Tamil Nadu District Municipalities Act 1920 (Tamil Nadu Act V of 1920)
250. Application to be made for construction, establishment or installation of factory, workshop or work-place in which steam or other power is to be employed " (1) Every person intending.
(a) to construct or establish any factory, workshop or work-place in which it is proposed to employ steam-power, water-power, or other mechanical power or electrical power, or
(b) to install in any premises any machinery or manufacturing plant driven by steam, water or other power as aforesaid, Inserted by the Tamil Nadu District Municipalities (Amendment) Act, 1942, (Tamil Nadu Act XXXVIII of 1942), Re-enacted by the Tamil Nadu Re-enacting (No.III) Act, 1948 (Tamil Nadu Act IX of 1948)
Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1930, (Tamil Nadu Act X of 1930) [ (2) The application Inserted by the Tamil Nadu District Municipalities (Amendment) Act, 1942, (Tamil Nadu Act XXXVIII of 1942), Re-enacted by the Tamil Nadu Re-enacting (No.III) Act, 1948 (Tamil Nadu Act IX of 1948) [shall specify the maximum number of workers proposed to be Omitted by the Re-enacting (No.III) Act, 1948 (Tamil Nadu Act IX of 1948) employed Substituted by ibid [on any day] in the factory, workshop, work-place or premises and ] shall be accompanied by "
(i) a plan of the factory, workshop, work-place or premises prepared in such manner as may be prescribed by rules made in this behalf by the Substituted by the Adaptation Order 1937 and Substituted by the Adaptation Order of 1950[State Government] and
(ii) such particulars as to the power, machinery plant or premises as the municipal council may require by laws made in this behalf. ]
(3) The municipal council 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 it thinks fit to impose, or
(b) refuse permission, if it is of opinion that such construction, establishment or installation is objectionable by reason of the density of the population in the neighbourhood or that it is likely to cause a nuisance.
Inserted by the Tamil Nadu District Municipalities (Amendment) Act, 1930, (Tamil Nadu Act X 1930),[(4) Before granting permission under sub-section (3), the municipal council "
(a) shall Inserted by the Tamil Nadu District Municipalities (Amendment) Act, 1942, (Tamil Nadu Act XXXVIII of 1942), Re-enacted by the Tamil Nadu Re-enacting (No.III) Act, 1948 (Tamil Nadu Act IX of 1948)[ if more than nine workers are proposed to be Omitted by Tamil Nadu Re-enacting (No.III) Act, 1948 (Tamil Nadu Act IX of 1948) employed Substituted by ibid[ on any day] in the factory, workshop, work-place or premises] obtain the approval of the inspector of factories appointed under the See now the Factories Act, 1948 (Central Act LXIII of 1948) [Indian Factories Act, 1911 having jurisdiction in the area of the municipality, or if there is more than once such inspector, of the inspector designated by the Substituted by the Adaptation order of 1937 and Substituted by the Adaptation Order of 1950 [State government] in this behalf by general or special order, as regards the plan of the factory, workshop, work-place or premises with reference to -
(i) the adequacy of the provision for ventilation and light,
(ii) the sufficiency of the height and dimensions of the rooms and doors,
(iii) the suitability of the exits to be used in case of fire, and
(iv) such other matters as may be prescribed by rules made by the Substituted by the Adaptation order of 1937 and Substituted by the Adaptation Order of 1950 [State government] and
(b) shall consult and have due regard to the opinion of the municipal health officer where the municipal council employees such an officer and of the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1942, (Tamil Nadu Act XXXVIII of 1942), Re-enacted by the Tamil Nadu Re-enacting (No.III) Act, 1948 (Tamil Nadu Act IX of 1948) [district health officer] in other cases, as regards the suitability of the site of the factory, workshop, work-place or premises for the purpose specified in the application.]
Substituted by the Tamil Nadu Act XXXVIII of 1942 [(5) More than nine workers shall not be Omitted by Tamil Nadu Re-enacting (No.III) Act, 1948 (Tamil Nadu Act IX of 1948) employed Substituted by ibid.[ on any day] in any factory, workshop, work-place or premises, unless the permission granted in respect thereof under sub-section (3) authorize such employment, or unless fresh permission authorizing such employment has been obtained from the municipal council. Before granting such fresh permission, the council shall obtain the approval of the Inspector of Factories referred to in clause (a) of sub-section (4) as regards the plan of the factory, workshop, work-place or premises, with reference to the matters specified in that clause.
(6) The grant of permission under this section "
(a) shall, in regard to the replacement of machinery, the levy of fees, the conditions to be observed and the like, be subject to such restrictions and control as may be prescribed; and
(b) shall not be deemed to dispense with the provisions of sections 197 and 199 or sections 208 and 209, as the case may be.
Explanation " The word "worker" in sub-sections (2) , (4) and (5) shall, in relation to any factory, workshop, work-place or premises, have the same meaning as in the [Factories Act, 1934.] See the Factories Act, 1948 (central act LXIII of 1948)
Inserted by Tamil Nadu Act XXXIX of 1974 [(7) Save as otherwise specially provided in this Act, if orders on an application for permission under sub-section (1) are not received by the applicant within sixty days after the receipt of the application by the executive authority, permission shall be deemed to have been granted subject to the law, rules, by-laws, regulations and all conditions ordinarily imposed,
(8) Nothing contained in clause (a) of sub-section (4) and sub-section (5) shall apply if the approval to the Factory, work-shop, work-place or premises, referred to therein has already been obtained under the provisions of any law relating to factories for the time being in force.]

NOTES
S.252 " Oil engine " Open space " Irrigation " Purpose of " Licence- Whether required; (1953) 2 MLJ 490.
Scope of " AIR Mad. 290;
Applicability of ; (1957) 2 MLJ 37.
Offence " Commission of " when; (1957) 2 MLJ 637.

251. Council may issue directions for abatement of nuisance caused by steam or other power "
(1) If, in any factory, workshop, workshop, or work-place in which steam-power, water-power or other mechanical power or electrical power is used, nuisance is in the opinion of the municipal council caused by reason of the particular kind of fuel employed or by reason of the noise or vibration created, the municipal council may issue such directions as it thinks fit for the abatement of the nuisance within a reasonable time to be specified for the purpose.
(2) If there has been willful default in carrying out such direction or if abatement is found impracticable the municipal council may "
(a) prohibit the use of the particular kind of fuel employed, or
(b) restrict the noise or vibration by prohibiting the working of the factory, workshop or work-place between the hours of 9.30 P.M. and 5.30 A.M.

252. Power of the State Government to pass orders or give directions to municipal councils "
The Substituted by the Adaptation Order of 1937 and Substituted by the Adaptation Order of 1950 [ State Government] ,may, either generally or in any particular case, make such order or give such directions as Substituted by the Tamil Nadu District Municipalities (amendment) act, 1930 (Tamil Nadu Act X of 1930)[they may deem fit] in respect of any action taken Substituted by ibid [or omitted to be taken Omitted by ibid under section 250 or section 251.

253. The executive authority may enter any factory, workshop or work-place "
(1) The Substituted by the Tamil Nadu District Municipalities (amendment) act, 1933 (Tamil Nadu Act X of 1933)[executive authority] or any person authorized by him in this behalf may enter any factory, workshop or work-place "
(a) at any time between sunrise and sunset;
(b) at any time when any industry is being carried on; and
(c) at any time by day or by night, if he has reason to believe that any offence is being committed under section 250 or section 251.
(2) No claim shall lie against any person for any damage or inconvenience necessarily caused by the exercise of powers under this section or by the use of any force necessary for the purpose of affecting an entrance under this section.
Slaughtering

254. Provision of municipal slaughter-houses -
(1) The municipal council shall provide sufficient number of places for use as municipal slaughter " houses and may charge rents and fees of their use Added by the Tamil Nadu District Municipalities (Third Amendment) Act, 1942 (Tamil Nadu Act XXXVIII of 1942), re-enacted by Tamil Nadu Re-enacting (No.III) Act, 1948 (Tamil Nadu Act IX of 1948) [at such rates as it may think fit. ]
Substituted by the Tamil Nadu District Municipalities (Third amendment) act, 1942 (Tamil Nadu Act XXXVIII of 1942)
(a) Place the collection of such rents and fees under the management of such person as may appear to it proper, or
(b) farm out such collection for any period not exceeding three years at a time and on such terms and conditions as it may think fit.]
(3) Municipal slaughter-house may be situated within, or with the sanction of Substituted by the Adaptation Order of 1937 and Substituted by the Adaptation Order of 1950 [State Government], without the municipality.

255. Licence for slaughter "houses -
(1) The owner of any place Substituted by the Tamil Nadu District Municipalities (amendment) act, 1930 (Tamil Nadu Act X of 1930)[[within municipal limits or at a distance within three miles of such limits ] which is used as a slaughter " house for the slaughtering of animals or for the skinning or cutting up of any carcasses, Omitted by ibid Substituted by the Tamil Nadu District Municipalities (Third Amendment) Act, 1942 (Tamil Nadu Act XXXVIII of 1942), re-enacted by Tamil Nadu Re-enacting (No.III) Act, 1948 (Tamil Nadu Act IX of 1948) [shall apply to the executive authority for a licence not less than thirty and not more than ninety days before the opening of such place as a slaughter-house or the commencement of the year for which the licence is sought to be renewed, as the case may be]
Added by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X 1930)[Provided that this sub-section shall not take effect in any area outside the municipal limits except with the previous sanction of the Substituted by the Adaptation Order of 1937 and Substituted by the Adaptation Order of 1950 [State Government],
(2) The Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV 1933) [ executive authority ] may, by an order and subject to such restrictions and regulations as to supervision and inspection as he thinks fit, grant or refuse to grant such licence.

256. Slaughter of animals during festivals and ceremonies -
The Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV 1933) [ executive authority ] or dry or permit to be dried any skin in such manner as to cause a nuisance;
Provided that the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV 1933) [ executive authority ] may authorize any person to slaughter, without licence and without the payment of any fee, any animal for the purpose of a religious ceremony.
The milk trade

258. Regulation of milk trade - (1) No person shall without or otherwise than in conformity with a licence from the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV 1933) [ executive authority ]-
(a) carry on which the municipality the trade or business of a dealer in or imported or seller or hawker of milk or dairy produce;
9b) use any place in the municipality for the sale of mild or dairy-produce;
Provided that no such licence shall be given to any person who is suffering from a dangerous disease.
(2) Such licence may be refused or may be granted on such conditions as the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV 1933) [ executive authority ] may deem necessary which may extend to the construction, ventilation, conservancy, supervision and inspection of the premises, whether within or without municipal limits, where the animals, from which the milk-supply is derived are kept.
Market, butchers, fishmongers, hawkers.

259. Public markets -
All markets which are Inserted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X 1930) [ acquired ], constructed, repaired or maintained out of the municipal fund shall be deemed to be public markets; Substituted for the original section these words were added by the Tamil Nadu District Municipalities (Amendment) Act, 1929 (Tamil Nadu Act XVII of 1929) [and such markets shall be open to persons of whatever caste or creed.]

260. Powers in respect of public markets -
(1) The council may provide places for use as public markets.
Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X 1930) [ executive authority ] [ (2) The council may in any public market levy any one or more of the following fees at such rates and may place the collection of such fees under the management of such persons as may appear to it proper or may farm out such fees Inserted by the Tamil Nadu District Municipalities (Third Amendment) Act, 1942 (Tamil Nadu Act XXXVIII of 1942), re-enacted by Tamil Nadu Re-enacting (No.III) Act, 1948 (Tamil Nadu Act IX of 1948)[for any period not exceeding three years at a time and ] on such terms and subject to such conditions as it may deem fit "
(a) fees for the use of or, for the right to expose goods for sale in, such markets;
(b) fees for the use of shops, stalls, pens or stands in such markets;
(c) fees on vehicles or pack-animals carrying, or on persons bringing, goods for sale in such markets;
(d) fees on animals brought for sale into, or sold in, such markets; and
(e) licence fees on brokers, commission agents, weighmen and measures practicing their calling in such markets.]
(3) The council may, with the sanction of the Substituted by the Adaptation Order of 1937 and Substituted by the Adaptation Order of 1950 [State Government] close any public market or part thereof.

NOTES
S.260 " ˜Fees' " Meaning " depends upon the context in which it is used in each clause of the section ; (1974) 1 MLJ 258.
Market stalls " fees " fixation of ; (1994) 1 MLJ 433;
Levy " Increase of ; 92 LW 696 (FB)
Assessment " item improperly included " severable from other items " validity of ; (1959) 2 MLJ 92;
Fees " To commensurate with the services (1972) 2 MLJ 132
SS.259 &260 " Stall in Market " Fees " Levy of " Increase of " Property Propriety of ; AIR 1980 Mad 1979 TLNJ 336; 1980 (1) MLJ 51 (F.B)

261. Control of the executive authority over public markets -
(1) No person shall, without the permission of the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV 1933) [ executive authority ] or if the Substituted by the Tamil Nadu District Municipalities (Third Amendment) Act, 1942 (Tamil Nadu Act XXXVIII of 1942), re-enacted by Tamil Nadu Re-enacting (No.III) Act, 1948 (Tamil Nadu Act IX of 1948)[fees] have been farmed out, of the farmer, sell or expose for sale any animal or article within any public market.
(2) The Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV 1933) [ executive authority ] may expel from any public market any person who or whose servant has been convicted of disobeying any by-laws at the time in force in such market and may prevent such person from further carrying on by himself or his servants, or agents, any trade or business in such market, or occupying any shop, stall or other place therein and may determine any lease or tenure which such person may possess in any such shop, stall or place.

Substituted by ibid [ 262. Licence for private market -
(1) No person shall open a new private market or continue to keep open a private market unless he obtains from the council a licence to do so.
(2) Application for such licence shall be made by the owner of the place in respect of which the licence is sought Substituted by the Tamil Nadu District Municipalities (Third Amendment) Act, 1942 (Tamil Nadu Act XXXVIII of 1942), re-enacted by Tamil Nadu Re-enacting (No.III) Act, 1948 (Tamil Nadu Act IX of 1948)[not less than thirty and more than ninety days ] before such place is opened as a market, or the commencement of the year for which the licence is sought to be renewed]
As the case may be.
(3) The council shall, as regards private markets already lawfully established and may, at its discretion as regards new private markets, grant the licence applied for subject to such regulations as to supervision 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 market as the council may think proper, or the council may refuse to grant any such licence for any new private market. The council may, however at any time, for breach of the conditions thereof, suspend or cancel any licence which has been granted under this section, The council may also modify the conditions of the licence to take effect from a specified date.
(4) When a licence is granted, refused, suspended, cancelled or modified under this section, the council shall cause a notice of such grant, refusal suspension, cancellation or modification in English and Substituted by the Tamil Nadu Repealing and Amending Act,1955 (Tamil Nadu Act XXXVI of 1955)[in a regional language] of the district to be posted in some conspicuous place at or near the entrance to the place in respect of which the licence was sought or had been obtained.
95) Every licence granted under this section shall expire at the end of the year. ]
Inserted by Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [
262-A . Fee for licence - When a licence granted under section 262 permits the levy of any fees of the nature specified in sub-section (2) of section 260, a fee not exceeding fifteen per centum of the gross income of the owner from the market in the preceding year shall be charged by the municipal council for such licence.]

NOTES
S.262-A " Object of- (1943) 2 MLJ 496;

263. Sale in unlicensed private markets -
It shall not be lawful for any person to sell or expose for sale any animal or article in any unlicensed private market.

264. Powers of council in respect of private markets -
The council may by notice require the owner, occupier, or farmer of any private market to "
(a) construct approaches, entrances, passages, gates, drains and cess-pits for such market and provide it with latrines of such description and in such position and number as the council may think fit;
(b) roof and pave the whole or any portion of it or pave any portion of the floor with such material as will in the opinion of the council secure imperviousness and ready cleansing;
(c) ventilate it properly and provide it with a supply of water.
(d) provide passages of sufficient width between the stalls and make such alterations in the stalls, passages, shops, doors or other parts of the market as the council may direct, and
(e) keep it in a cleanly and proper state and remove all filth and refuse therefrom.

265. Suspension or refusal of licence in default "
(1) If any person after notice given to him in that behalf by the council fails within the period and in the manner laid down in the said notice to carry out any of the works specified in section 264, the council may suspend the licence of the said person, or may refuse to grant him a licence, until such works have been completed.
(2) If shall not be lawful for any person to open or keep open any such market after such suspension or refusal.

266. Prohibition against nuisances in private markets -
No owner, occupier, agent or manager in charge of any private market, or of any shop, stall, shed or other place therein shall keep the same so that it is a nuisance or fail to cause anything that is a nuisance to be at once removed to a place to be Substituted by the Tamil nadu District Municipalities (Amendment) Act, 1944 (Tamil Nadu Act XVIII of 1944), re-enacted by Tamil Nadu Re-enacting (No.I) Act, 1948 (Tamil Nadu Act VII of 1948)[specified] by the council.

267. Power to close private markets -
The council or any officer duly authorized by it in that behalf may close any private market in respect of which no licence has been applied for or omitted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) the licence for which has been refused, withheld, or suspended Added ibid. [ or which is held or kept contrary to the provisions of this Act.]

Inserted by ibid [ 267-A. Acquisition of rights of private persons to hold private markets . "
(1) A municipal council may acquire the rights of any person to hold a private market in any place and to levy fees therein. The acquisition shall be made under the Land Acquisition act, 1894, and such rights shall be deemed to be land for the purposes of that Act.
(2) On payment by the municipal council of the compensation 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 a private market and to levy fees therein shall vest in the municipal council. ]

268. Duty of expelling lepers, etc. from markets and power to expel disturbers -
The person in charge of a market shall prevent the entry therein or expel therefrom any person suffering from leprosy in whom the process of ulceration has commenced or from any infectious or contagious disease who sells or exposes for sale therein any article or who, not contagious disease who sells or exposes for sale therein any article or who, not having purchased the same, handles any articles exposed for sale therein, and he may expel therefrom any person who is creating a disturbance therein.

269. Butcher's fishmonger's and poulterer's licence -
(1) No person shall without or otherwise than in conformity with licence from the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] carry on the trade of a butcher, fishmonger or poulterer, or use any place for the sale of flesh or fish intended for human food in any place within municipal limits or at a distance within three miles of such limits;
Provided that no licence shall be required for a place used for the selling or storing for sale of preserved flesh or fish contained in airtight and hermetically sealed receptacles;
Added by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [Provided further that no licence shall be required for any place included in a public market as defined in section 167 of the Now Tamil Nadu District Boards Act 1920 [Tamil Nadu Local Board Act, 1920]

NOTES
2.269 (1) read with S.262 " Sale of fish in a private market necessity of licence 1974 TLNJ 514
(2) The Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] may, by an order and subject to such restrictions as to supervision and inspection as he thinks fit, grant to refuse to grant such licence.
(3) Every such licence shall expire at the end of the year in which it is granted unless for special reasons the by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] considers it should expire at an earlier date, when it shall expire at such earlier date as may be specified therein.

270. Power to prohibit or regulate sale of articles in public streets . -
The by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] may, with the sanction of the council, prohibit by public notice or licence, or regulate the sale or exposure for sale, or any Inserted by Tamil Nadu district Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930),[animals or ] articles in or on any public street or part thereof.

NOTES
S.270 " Scope of " 1980 TLNJ 356

Inserted by ibid. [ 270-A. Decision of disputes as to whether places are markets -
If any question arises whether any place where persons assemble for the sale or purchase of articles of food or clothing, of livestock or poultry, of cotton, groundnut or other industrial crops or of any other raw or manufactured products is a market or not the municipal council shall make a reference to the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government] and the decision of the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government] on the question shall be final.
Inserted by Tamil Nadu district Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)[Cart "Stands]

Inserted by Tamil Nadu district Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [270-B. Provision of public cart-stands, etc.-
(1) The municipal council may construct or provide Inserted by the Tamil Nadu District Municipalities (Amendment) Act, 1941 (Tamil Nadu Act XII of 1941), re-enacted permanently by the Tamil Nadu Re-enacting (No.II) Act, 1948 (Tamil Nadu Act VIII of 1948) [and maintain] public landing places halting places and cart-stands and may levy fees for the use of the same.
Inserted by Tamil Nadu District Municipalities and Local Boards (amendment) Act, 1941 (Tamil Nadu Act XII of 1941) [ (1-A) The council may "
(a) place the collections of any such fees under the management of such persons as may appear to it proper or
(b) farm out the collection of any such fees for any period not exceeding three years at a time and on such terms and conditions as it may think fit.
(1-B) Any agreement entered into by a municipal council, farming out the collection of such fees for a period, not exceeding three years, commencing on or after the 1st April 1941, shall be valid, not withstanding that such agreement was entered into before the commencement of the Tamil Nadu District Municipalities and Local Boards (Amendment) Act, 1941.]
(2) A statement in English and a vernacular language of the district of the fees fixed by the council for the use of such place shall be put up in a conspicuous part thereof.
Explanation " A cart-stand shall, for the purposes of this Act, include a stand for carriages Inserted by Tami Nadu Motor Vehicles Taxation Act, 1931 (Tamil Nadu Act III of 1931) [including motor vehicle within the meaning of the Indian Motor Vehicles Act, 1914 Now the Motor Vehicles Act, 1988 (Central Act LIX of 1988) and animals]

Inserted by the Tamil Nadu District Municipalities (amendment) act, 1930 (Tamil Nadu Act X of 1930) 270-C. Prohibition of use of public place or sides of public street as cart-stand etc. -
Where a municipal council has provided a public landing place, halting place or cart-stand, the Substituted by the Tamil Nadu District Municipalities (amendment) act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] may prohibit the use for the same purpose by any person within such distance thereof, as may be determined by the municipal council, of any public place or the sides of any public street.]

270-D. Recovery of cart-stand fees, etc. "
(1) If the fee leviable under sub-section (1) of section 270-B in respect of a vehicle or animal is not paid on demand, the person appointed to collect such fee may seize and detain such portion of the appurtenances or load of such vehicle or animal as will, in his opinion, suffice to defray the amount due, in the absence of any such appurtenances or load or in the event of their value being insufficient to Substituted by Tamil Nadu Motor Vehicle Taxation (Amendment) Act, 19332 (Tamil Nadu Act V of 1932)[defray the amount] due, he may seize and detain the vehicle or animal.
(2) All property seized under sub-section (1) shall be sent within twenty-four hours to the Substituted by the Tamil Nadu District Municipalities (amendment) act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] or to such person as he may have authorized to receive and sell such property and the Substituted by the Tamil Nadu District Municipalities (amendment) act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] shall forthwith give notice to the proprietor of the property seized, or if the proprietor is not known or is not resident within the municipality to the person who was in charge of the said property at the time when it seized, or ,if such person cannot be found, publish by beat of drum that after the expiry of two days, exclusive of Sunday, from the date of service or publication of such notice, the property will be sold by auction at a place to be specified in the notice.
(3) If, at any time before the sale has begun, the amount due on account of the fee, together with a sum of four annas on account of charges incurred in connexion with the seizure and detention, is tendered to the Substituted by T.N. Act XV of 1933[executive authority] or other person authorized as aforesaid, the property seized shall be forthwith released.
(4) If no such tender is made, the property may be sold and the proceeds of the sale applied to the payment of -
(i) the amount due on amount of the fee;
(ii) such penalty not exceeding the amount of the fee as the Substituted by T.N. Act XV of 1933 [executive authority] may direct; and
(iii) a sum of eight annas on account of charges incurred in connexion with the seizure, detention and sale.]

Inserted by Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [ 270-E. Licence for private cart-stand "
(1) No person shall open a new private cart-stand or continue to keep open a private cart-stand unless he obtains from the council a licence to do so.]
(2) Application for such licence shall be made by the owner of the place in respect of which the licence is sought Substituted by the Tamil nadu District Municipalities (Third Amendment) Act, 1942 (Tamil Nadu Act XXXVIII of 1942), re-enacted by Tamil Nadu Re-enacting (No.III) Act, 1948 (Tamil Nadu Act IX of 1948)[not less than thirty and not more than ninety days before the opening of such place as cart-stand, or the commencement of the year for which the licence is sought to be renewed]' as the case may be.
93) The council shall as regards private cart-stands already lawfully established and may, at its discretion, as regards new private cart-stands grant the licence applied for subject to such regulations as to supervision and inspection and to such conditions as to conservancy as the council may think proper; or the council may refuse to grant any such licence for any new private cart-stand. The council may, however, at any time for breach of the conditions thereof suspend or cancel any licence which has been granted under this section. The council may also modify the conditions of the licence to take effect from a specified date.
(4) When a licence is granted, refused, suspended, cancelled or modified under this section, the council shall cause a notice of such grant, refusal, suspension, cancellation or modification, in English and a vernacular language of the district to be posted in some conspicuous place at or near the entrance to the place in respect of which the licence was sought or had been obtained.
(5) The council may levy for every licence granted under this section a fee not exceeding three hundred rupees per annum.
(6) Every licence granted under this section shall expire at the end of the year]
Inspection of places for sales etc.

271. Duty of executive authority to inspect -
It shall be the duty of the Substituted by the Tamil Nadu District Municipalities (Amendment) Act,1933 (Tamil Nadu Act XV of 1933) [executive authority] to make provision for the constant and vigilant inspection of animals, carcasses, meat, poultry , game, flesh, fish, fruit, vegetables, corn, bread, flour, milk, ghee, butter, oil and any other articles exposed or hawked about for sale or deposited in or brought to any place for the purpose of sale or preparation for sale.

272. Powers of executive authority for purposes of inspection "
The Substituted by the Tamil Nadu District Municipalities (Amendment) Act,1933 (Tamil Nadu Act XV of 1933) [executive authority] or any person so authorized by him has reason to believe that in any person so authorized by him has reason to believe that in any animal 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, or otherwise than in conformity with a licence, he may enter any such place without notice, at any time by day or night for the purpose of satisfying himself whether any provisions of laws, by-law, or regulations or any condition of a licence is being contravened.
(3) No claim shall lie against Substituted by the Tamil Nadu Repealing and Amending act, 1951 (Tamil Nadu Act XIV of 1951) [an Substituted by the Tamil Nadu District Municipalities (Amendment) Act,1933 (Tamil Nadu Act XV of 1933) [executive authority]or any person acting under his authority or the council for any damage or inconvenience necessarily cause by the exercise of powers under this section or by the use of any force necessary for effecting an entry into any place under this section.
(4) In any legal proceedings in respect of powers exercised under this section in which it is alleged that any animals, poultry, fish or articles of food were not kept, hawked 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.

273. Preventing inspection by executive authority -
No person shall in any manner whatsoever prevent the Substituted by the Tamil Nadu District Municipalities (Amendment) Act,1933 (Tamil Nadu Act XV of 1933) [executive authority] or person duly authorized by him exercising his powers under the last preceding section.

274. Power of executive authority to seize disease animals, noxious food, etc. -
If any animal, poultry or fish intended for food appears to the Substituted by the Tamil Nadu District Municipalities (Amendment) Act,1933 (Tamil Nadu Act XV of 1933) [executive authority]or to a person duly authorized by him, to be diseased, or any food appears to him to be noxious, or if any vessel or utensil used in manufacturing, preparing or containing such article appears to be of such kind or in secure such animals, article, utensil, or vessel, or in order that the same may be dealt with as herein after provided.
Explanation " Meat subject to the process of blowing shall be deemed to be noxious.

275. Removing or interfering with articles seized. -
No person shall remove or in any way interfere with an animal or article secured under the last preceding section.

276. Power to destroy article seized. "
(1) when any animal or article of food is seized under section 274 it may, with the consent of the owner or person in whose possession it was found, be forthwith destroyed in such manner as to prevent its being used for human food or exposed for sale, and if the article is perishable, without such consent.
(2) Any expenses incurred in destroying any animal or article under sub-section (1) shall be paid by the owner or person in whose possession it was at that time of its seizure.

277. Production of articles, etc. seized before Magistrate and powers of Magistrate to deal with them -
(1) Articles of food, animals, poultry, fish, utensils, vessels, etc. seized under section 274 and not destroyed under section 276 shall as soon as possible be produced before a Magistrate.
(2) Whether or not complaint is laid before a Magistrate of any offence under the Indian Penal Code or under this Act, if it appears to the Magistrate on taking such evidence as he thinks necessary that any such animal, poultry or fish is diseased, or any such article is noxious or nay such utensil or vessel is of such kind or in such state as is described in section 274 he may order the same "
(a) to be forfeited to the council;
(b) to be destroyed at the charge of the owner or person in whose possession 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.
Disposal of the dead.

278. Registration or closing of ownerless places for disposal of dead -
(1) Every owner or person having the control of any place used at the date of the coming into operation of this Act, as a place for burying, burning, or otherwise disposing of the dead shall, if such place be not already registered, apply to the council to have such place registered.
(2) If it appears to the council that there is no owner or person having the control of such place it shall assume such control and register such place, or may, with the sanction of the Substituted by the Adaptation Order of 1937 and Adaptation Order of 1950 [State Government] close it.

279. Licensing of places for disposal of dead "
(1) No new place for the disposal of the dead, whether public or private shall be opened, formed, constructed, or used unless has been obtained from the council on application.
(2) Such application for a licence shall be accompanied by a plan of the place to be registered, showing the locality, boundary, and extend thereof, the name of the owner or person or community interested therein, the system of management and such further particulars as the council may require.
(3) The council may-
(a) grant or refuse a licence or
(b) postpone the grant of a licence until objections to the site have been removed or any particulars called for by it have been furnished.

280. Provision of burial and burning grounds and crematoria within or without municipality "
(1) The council may, and shall if no sufficient provision exists provide at the cost of the municipal fund places to be used as burial or burning grounds or crematoria, either within or without the limits of the municipality, and may charge rents and fees for the use thereof.
(2) The council may farm out the collection of such rents and fees for any period not exceeding three years at a time and on such terms and conditions as it may think fit.
(3) If the council provides any such place without the limits of the municipality, all the provisions of this Act and all by-laws framed under this Act for the management of such places within the municipality shall apply to such place.

281.Register or registered, licensed an provided places and prohibition of use of other places "
(1) A book shall be kept at the municipal office in which the places registered, licensed or provided before the commencement of this Act, shall be recorded, and the plans of such places shall be filed in such office.
(2) Notice that place has been registered, licensed or provided as aforesaid shall be affixed in English and in at least one vernacular language to some conspicuous place at or near the entrance to the burial or burning ground or other place as aforesaid.
(3) No person shall bury, burn or otherwise dispose of any corpse except in a place which has been registered, licensed or provided, as aforesaid.

282. Report of burials and burnings -
The person having control of a place for disposing of the dead shall give information of every burial, burning or other disposal of a corpse at such place to any person appointed by the Substituted by the Tamil Nadu District Municipalities (Amendment) Act,1933 (Tamil Nadu Act XV of 1933) [executive authority] in that behalf.

283. Prohibition against use of burial and burning grounds dangerous to health or overcrowded with graves "
(1) If the council is satisfied "
(a) that any registered or licensed place for the disposal of the dead is in such state or situation as to be, or to be likely to become, dangerous to the health of persons living in the neighbourhood thereof, or
(b) that any burial ground is overcrowded with graves,
And if in the case of a public burial or burning ground or other place as aforesaid another convenient place duly authorized for the disposal of the dead exists or has been provided for the persons who would ordinarily make use of such place, it may with the previous sanction of the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government], give notice that it shall not be lawful after a period to be named in such notice to bury, burn or otherwise dispose of any corpse at such place.
(2) Every notice given under sub-section (1) shall be published in the district gazette and by beat of drum.
(3) After the expiry of the period named in such notice it shall not be lawful to bury, burn or otherwise dispose of a corpse at such place.

284. Prohibitions in respect of corpses.-
No person shall "
(a) bury or cause to be buried any corpse or part thereof in grave whether dug, or constructed, or masonry or otherwise, in such manner that the surface of the coffin or the surface of the body where no coffin is used, is at a less depth than five feet form the surface of the ground; or
(b) build or dig or cause to be built or dug any grave in any burial ground at a less distance than two feet from the margin of any other existing grave, or
(c) without the sanction in writing of the Substituted by the Tamil Nadu District Municipalities (Amendment) Act,1933 (Tamil Nadu Act XV of 1933) [executive authority], or an order in writing of a magistrate, reopen a grave already occupied, or
(d) convey or cause to be conveyed a corpse or part thereof to any burial or burning ground, and not cause the burial or burning of the same to commence within six hours after its arrival at such place; or
(e) when burning or causing to be burnt a corpse or part thereof permit the same or any part thereof or its clothes to remain without being completely reduced to ashes; or
(f) carry through any street a corpse or part thereof not decently covered or
(g) while carrying corpse or part thereof within the municipality leave the same in or near any street for any purpose whatever; or
(h) remove, otherwise than in a closed receptacle, any corpse or part thereof kept or used for the purpose of dissection.

285. Grave-digger's licence -
No person shall discharge the office of a grave-digger or other attendant, at a public place for the disposal of the dead (other than a place provided by the Government) unless he has been licensed in that behalf by the Substituted by the Tamil Nadu District Municipalities (Amendment) Act,1933 (Tamil Nadu Act XV of 1933) [executive authority]. Such licence may be withdrawn or cancelled at the discretion of the council.

CHAPTER XIII

Vital statistics and the prevention of disease
Vital statistics

286. Compulsory registration of vital statistics "
(1) The municipal council shall register all births and deaths occurring in the municipality.
(2) Substituted by the Tamil Nadu District Municipalities (Amendment) Act,1930 (Tamil Nadu Act X of 1930) [Information of births and deaths shall be given and their] registration shall be made and enforced in the prescribed manner.
Dangerous diseases.

287. Definition of ˜dangerous disease' "
"Dangerous disease" means a disease specified in Schedule VI.

288. Obligation of medical practitioner or owner or occupier of house to report dangerous disease. "
(1) If any medical practitioner becomes cognizant of the existence of any dangerous disease in any private or public dwelling [not being a public hospital] in municipality, he shall inform the Substituted by the Tamil Nadu District Municipalities (Amendment) Act,1933 (Tamil Nadu Act XV of 1933) [executive authority] with the least practicable delay.
(2) The information shall be communicated in such form and with such details as the Substituted by the Tamil Nadu District Municipalities (Amendment) Act,1933 (Tamil Nadu Act XV of 1933) [executive authority] may require, the Substituted by the Tamil Nadu District Municipalities (Amendment) Act,1933 (Tamil Nadu Act XV of 1933) [executive authority] may pay a fee not exceeding one rupee for each intimation by a private medical practitioner of a case occurring in his practice.
(3) This section shall apply to a hakeem or vaidyan.
(4) With the previous approval in all cases of the Collector of the district the Substituted by the Tamil Nadu District Municipalities (Amendment) Act,1933 (Tamil Nadu Act XV of 1933) [executive authority] may direct the compulsory notification by the owner or occupier of every house within the municipal limits during such period and to such officer as the Substituted by the Tamil Nadu District Municipalities (Amendment) Act,1933 (Tamil Nadu Act XV of 1933) [executive authority] may prescribe of all deaths from or occurrence of dangerous diseases in his house.

289. Power of entry in to suspected places " The
Substituted by the Tamil Nadu District Municipalities (Amendment) Act,1933 (Tamil Nadu Act XV of 1933) [executive authority] Inserted by the Tamil Nadu District Municipalities (Amendment) Act,1930 (Tamil Nadu Act X of 1930) [or health officer] may at any time by day or by night without notice, or after giving such notice as my appear to him reasonable, inspect any place in which any dangerous disease is reputed or suspected to exist, and take such measure as he may think fit to prevent the spread of such disease beyond such place.

290. Disinfection of buildings and articles -
(1) If the Substituted by the Tamil Nadu District Municipalities (Amendment) Act,1933 (Tamil Nadu Act XV of 1933) [executive authority] Inserted by the Tamil Nadu District Municipalities (Amendment) Act,1930 (Tamil Nadu Act X of 1930) [or health officer] is of opinion that the cleansing or disinfecting of any premises or part thereof or of any article therein which is likely to retain infection, will tend to prevent or check the spread of any dangerous disease, he may by notice require the occupier to cleanse or disinfect the same in the manner and within the time specified in such notice.
(2) If the Substituted by the Tamil Nadu District Municipalities (Amendment) Act,1933 (Tamil Nadu Act XV of 1933) [executive authority] Inserted by the Tamil Nadu District Municipalities (Amendment) Act,1930 (Tamil Nadu Act X of 1930) [or health officer] may himself, without notice, cause Substituted by ibid [such premises or article] to be cleansed or disinfected and for this purpose may cause such article to be removed from the premises; and the expenses incurred by the Substituted by the Tamil Nadu District Municipalities (Amendment) Act,1933 (Tamil Nadu Act XV of 1933) [executive authority] Inserted by the Tamil Nadu District Municipalities (Amendment) Act,1930 (Tamil Nadu Act X of 1930) [or health officer] shall be recoverable from the said occupier in cases in which he is, in the opinion of the Substituted by the Tamil Nadu District Municipalities (Amendment) Act,1933 (Tamil Nadu Act XV of 1933) [executive authority] Inserted by the Tamil Nadu District Municipalities (Amendment) Act,1930 (Tamil Nadu Act X of 1930) [or health officer], not unable by reason of poverty effectually to comply with such requisition.

291. Provision of place for disinfection and power to destroy infected articles "
(1) The Substituted by Tamil Nadu District Municipalities (Amendment)Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] shall form time to time notify places at which conveyances, clothing, bedding or other articles, which have been exposed to infection from any dangerous disease shall be washed or disinfected.
(2) The Substituted by Tamil Nadu District Municipalities (Amendment)Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] may direct any clothing, bedding or other articles likely to retain such infection to be disinfected or destroyed and shall, on demand, give compensation for any article destroyed under this sub-section.
(3) No person shall wash such clothing or bedding or other articles in any place other than those set apart for such purposes under sub-section (1).

292. Prohibition against transfer of infected articles "
No person shall, without previously disinfecting it, give, lend, let, hire, sell transmit or otherwise dispose of any article which he knows or has reason to know has been exposed to infection from any dangerous disease.
Provided that nothing in this Substituted by the Tamil nadu District Municipalities (Third Amendment) Act, 1942 (Tamil Nadu Act XXXVIII of 1942), re-enacted by Tamil Nadu Re-enacting (No.III) Act, 1948 (Tamil Nadu Act IX of 1948)[section] shall apply to a person who transmits with proper precautions any article for the purpose of having it disinfected.

293. Power of council to prohibit use of water likely to spread infection -
If the chief medical officer of the district, the health officer or the local medical officer certifies that the water in any well, tank or other place within the limits of the municipality is likely, if used for drinking, to engender or cause the spread of any dangerous disease, the council may, by public notice, prohibit the removal or use of such water for drinking and domestic purposes during a specified period.

294. Executive authority may order removal of patients to hospital -
When a hospital or other place for the reception of persons suffering from dangerous diseases is provided by the municipal council the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] may, on a certificate signed by a medical practitioner registered under the Tamil Nadu Medical Registration Act, 1914, arrange for, or direct the removal to such hospital or place of any person suffering from dangerous disease who is, in the opinion of such medical practitioner, without proper lodging or accommodation, or without medical supervision directed to prevent the spread of the disease, or who is in a place occupied by more than one family.

295. Prohibition against infected person carrying on occupation "
If nay person knows or has been certified by the health officer, the local medical officer, or a registered medical practitioner that he is suffering from a dangerous disease he shall not engage in any occupation, or carry on any trade or business unless he can do so without risk of spreading the disease.

296. Prohibition against diseased person entering public conveyance -
(1) No person who is suffering from any dangerous disease shall, without taking proper precautions against spreading such disease, cause or suffer himself to be conveyed in a public conveyance.
(2) No person who is suffering from any dangerous disease shall enter a public conveyance without previously notifying to the owner or driver or person in charge of such conveyance that he is so suffering.
(3) No owner, driver or person in charge of a public conveyance shall knowingly carry or permit to be carried in such conveyance any person suffering as aforesaid in contravention of sub-section (1).
(4) 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 incurred in disinfecting such conveyance, anything in any Act relating to public conveyances for the time being in fore to the contrary notwithstanding.
(5) A court convincing any person of contravening sub-section (1) or sub-section (2) may levy, in addition to the penalty for the offence provided in this Act, an additional fine of such amount as the Court deems sufficient to cover the loss and costs which the owner or driver must incur for the purpose of disinfecting the conveyance. The amount of any additional fine so imposed shall be awarded by the Court to the owner or driver of the conveyance.
Provided that if such additional fine is imposed in a case which is subject to appeal the amount shall not be paid to the owner or driver before the period allowed for presenting the appeal has elapsed, or if an appeal is presented, before the decision of the appeal.
(6) At the time of awarding compensation in any subsequent civil suit relating to the same matter the court shall take into account any sum which the plaintiff shall have received under this section.

297. Letting of infected building -
(1) No person shall let or sub-let or for that purpose allow any person to enter a building or any part of a building in which he knows or has reason to know that a person has been suffering from any dangerous disease without having the same and all articles therein liable to retain infection disinfected to the satisfaction of the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority]
(2) For the purposes of sub-section (1), the keeper of a hotel or loding-house shall be deemed to let the same or part of the same to any person accommodated therein.

298. Power to order closure of places of public entertainment "
In the event of the prevalence of any dangerous disease within the municipality, the council may by notice require the owner or occupier of any building, booth or tent used for purposes of public entertainment to close the same for such period as it may fix.

299. Minor suffering from dangerous disease not to attend school "
No person being the parent or having the care or charge of a minor who is or has been suffering for a dangerous disease or has been exposed to infection therefrom shall , after a notice from the health officer or the local medical officer that the minor is not to be sent to school or college, permit such minor to attend school or college without having procured from the health officer, the local medical officer or a registered medical practitioner a certificate that in his opinion such minor may attend without undue risk of communicating such disease to others.
No fee shall be charged by the health officer or the local medical officer for the grant of a certificate under this section.
Small pox

300. Compulsory vaccination "
(1) Vaccination shall be compulsory in every municipality Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [in respect of such persons and to such extent as may be prescribed]
(2) The procedure prescribed in such rules for enforcing vaccination shall be observed.

301. Obligation to give information of small pox -
(1) Where an inmate of any dwelling place is suffering from small pox the head of the family to which the inmate belongs and in his default, the occupier or person in charge of such place shall inform the Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] with the least practicable delay.

302. Prohibition of inoculation for small pox -
(1) Inoculation for small pox is hereby prohibited.
(2) No person who has undergone the operation of inoculation shall enter any municipality before the lapse of forty days from the date of inoculation without a certificate from a medical practitioner of such class as the council may authorize to grant such certificates, stating that such person is no longer likely to produce small pox by contact or near approach.

PART V

SUBSIDIARY LEGISLATIO AND PENALTIES

CHAPTER XIV

Rules by-laws and Regulations

Rules and Schedules

303. Power of state Government to make rules
" (1) The Substituted by Adaptation Order of 1937 and substituted by the Adaptation Order of 1950 [State Government] may make rules to carry out all or any of the purposes of this Act not inconsistent therewith.
(2) In particular and without prejudice to the generality of the foregoing power Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [they may make rules ]-
(a) with reference to all matters expressly required or allowed by this Act to be prescribed;
Substituted by ibid. [ (b) with reference to all matters not expressly provided for in this Act, relating to the elections of chairman, vice-chairman or councilors including deposits to be made by candidates standing for election as councilor and the conditions under which such deposits may be forfeited]
Provided that the deposit required shall not exceed one hundred rupees;
Omitted by Madras City Municipal District Municipalities and Local Boards (Amendment) Act, 1930 (Tamil Nadu Act XXI of 1939)
Omitted by Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 193) [(c) ***********]
(d) as to the conditions on which property may be acquired by the municipal council or on which property vested in or belonging to the municipal council may be transferred by sale, mortgage, lease, exchange or otherwise.
(e) as to the Substituted by ibid [working] of provident funds;
(f) as to the matters mentioned in rule 37 of the Taxation and Finance Rules in Schedule IV; as to the conditions on which grants-in-aid shall be paid from the municipal fund for purposes of education and medical relief and as to the conditions on which grants and loans may be made to co-operative building societies;
(g) as to the intermediate offices, if any, through which correspondence between the municipal authorities and the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government] or officers of Substituted by the Adaptation Order of 1937[that Government] shall pass;
(h) as to preparation of plans and estimates for works which are to be partly or wholly constructed at the expense of the municipal council and the power of the municipal authorities or Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [officers of the State Government] Omitted by Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930 to accord professional or administrative sanction to estimates;
(i) as to the accounts to be kept by the municipal council, the manner in which such accounts shall be audited and published and as to the conditions under which the rate-payers may appear before auditors inspect books and vouchers and take exception to items entered or omitted therein;
(j) as to the estimates of receipts and expenditure, returns, statements, and reports to be submitted by municipal councils;
(k) as to the mode in which the officers of Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950[the state government] shall advise and assist municipal councils in carrying out the purposes of this Act;
(i) as to the interpellation of the chairman by the members of the council;
(m) as to the moving of resolutions at the meetings of the council;
Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [(n) for regulating the sharing between local authorities in the Presidency of Madras of the proceeds of the profession tax Omitted by the Adaptation Order of 1937 tax on carriages and animals tax on carts, Omitted by the Tamil Nadu Vehicles Taxation Act 1931(Tamil Nadu Act III of 1931) and other taxes or income, levied or obtained under this or any other Act.]
Omitted by Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [ (o) ***********]
(p) as to the form of registers and returns of births and deaths and the manner in which the registers shall be maintained, the dates on which returns shall be made and the officer to whom returns shall be sent;
Added by ibid. [(q) as to the transfer of allotments entered in the sanctioned budget of municipal council from one head to another.
(r) as to the powers of auditors, inspecting and superintending officers and officers authorized to hold inquiries, to summon and examine witnesses, and to compel the production of documents and all other matters connected with audit, inspection and superintendence and
(s) for determining the cost of buildings and lands ]
(3) In making any rules the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government] may provide that a breach thereof shall be punishable with a fine which may extend to one hundred rupees.

NOTES
S.303 " Lessee is request to renew the lease " rejected violation of Rules " Remedy " 1976 TLNJ 199.

Section 304 and 305,renumbered by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)[304] Substituted by the (Tamil Nadu Act V of 1973 [Rules and notifications to be placed before the Legislature "
(1) (a) All rules made under sub-section (2) of section 77-A or under section 303 shall be published in the Tamil Nadu Government Gazette and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.
(b) All notifications issued under this Act shall, unless they are expressed to come into force on a particular day, come into force on the day on which they are published.
(2) Every rule made under sub-section (2) of section 77-A or under section 103 and every notification issued under this Act shall, as soon as possible after it is made or issued, under this Act shall, as soon as possible after it is made or issued, be placed on the table of both Houses of the State Legislature, and if before the expiry of the session in which it is so placed or the next session, both Houses agree in making any modification in any such rule or notification or both Houses agree that the rule or notification should not be made or issued, the rule or notification 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 amendment shall be without prejudice to the validity of anything previously done under that rule or notification.]
Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority] [
305. Power of State Government to alter schedules - (1) The Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government] may make rules Inserted by the Tamil Nadu Act [XXXV of 1990) whether prospectively or retrospectively] altering, adding to or canceling any of the following Schedules to this Act namely "
Schedules II, III, IV, V and VI
(2) The Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [state government] may by notification under sub-section (1) of section 12-C include any municipality in Schedule X but shall not remove therefrom any municipality so included.
(3) All references made in this Act to any of the aforesaid Schedules shall be construed as referring to such Schedules as for the time being amended in exercise of the powers conferred by sub-section (1) or sub-section (2), as the case may be.]
Inserted by Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [
305-A. Procedure for the making of rules under Omitted by Tamil nadu Act V of 1973 Section 305 - A draft of the rules proposed to the made Omitted ibid. under Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [sub-section (1) of section 305] shall be laid Substituted by the Adaptation Order of 1937 [before each of the Substituted by the Adaptation (amendment) order of 1950 [Houses] to the Substituted by the Adaptation Order of 1950 {state Legislature} and the rules shall not be made Substituted by the Adaptation Order of 1937 [unless both Substituted by the Adaptation (Amendment)Order of 1950 [houses] Substituted ibid [approve] the draft either without modification or addition or with modifications or additions Inserted by ibid [to which both the Substituted by the Adaptation (amendment) order of 1950 [Houses] agree]; but upon such approval being given, the rules may be made in the form in which they have been approved and such rules on being so made shall be notified in the Substituted ibid [ Official Gazette] and shall thereafter be full force and effect.]
By-Laws

306. Power of council to make by-laws -
The Council may make by-laws, not inconsistent with this Act or with any other law to provide " Inserted by Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [(1) for all matters expressly required or allowed by this Act to be provided for by-laws;]
Renumbered by Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [ 1-A] for the due performance by all municipal officers and servants of the duties assigned to them;
(2) for the regulation of the time and mode of collecting the taxes Substituted by Tamil Nadu Motor vehicles Taxation Act ,1931 (Tamil Nadu Act III of 1931)[and duties] under this Act;
Inserted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [2-A) for determining the conditions under which lands shall be deemed to be appurtenant to buildings ];
(3)(a) for the use of public tanks, wells, conduits and other places or works for water supply;
(b) for the regulation of public bathing, washing and the like;
(c) for the maintenance and protection of the water-supply system and the protection of the water-supply from contamination;
(d) for the conditions on which house "connexions with the councils water-supply mains may be made; for their alteration and repair and for their being kept in proper order;
(e) for supply of water for domestic consumption and use;
(f) for the prevention of waste of water;
(g) for the measurement of water;
(h) for the compulsory provision of cisterns and meters;
(i) for the supply of water in case of fire;
(4) for the maintenance and protection of the lighting system;
(5)(a) for the maintenance and protectionof the drainage system;
(b) for the construction of house drains, and for regulating their situation, mode of construction and materials;
(c) for the alteration and repair of house drains;
(d) for the cleansing of house drains ;
(e) for the construction of cess-pools, septic tanks, filters, and drains ;
(f) for the payment or apportionment of money payable on account of pipes or drains common to more premises than one;
(6) for the cleansing of latrines, earth-closets, ash-pits and cess-pools, and the keeping of latrines supplied with sufficient water for flushing;
(7) (a) for the testing of water pipes and drains in private premises, the recovery or the apportionment of the 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 filters, and for the compulsory employment of licenced plumbers and filters;
(8) (a) for the laying out of streets, and for determining the information 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 abutting thereon;
Omitted and was relettered by the Tamil Nadu Traffice Control Act, 1938 (Tamil Nadu Act V of 1938) [(b) for the protection of avenues, trees, grass and other appurtenances of public streets and other place;
(9) for the regulation of the use of parks, gardens and other public or municipal places Added by ibid [but not including the regulation of traffic therein, the reservation thereof, for particular kinds of traffic, or the closing thereof or part thereof to traffic];
(10) (a) for the regulation of building ;
(b) for determining the information and plans to be submitted with applications to build;
(c) for the licensing of builders and surveyors and for the compulsory employment of licensed builders and surveyors;
(11) for the regulation of hotels, lodging houses, boarding houses, choultries, rest-houses, emigration depots, restaurants, eating houses, cafes, refreshment rooms, coffee-houses, and any premises to which the public are admitted for repose for the consumption of any food or drink;
(12) for regulating the mode of constructing stables, cattle-sheds and cow-houses, and connecting them with municipal drains;
(13) for the sanitary control and supervision of places used for any of the purposes specified in Schedule V and of any trade or manufacture carried on therein;
(14) (a) for the control and supervision of slaughter-houses and of places used for skinning and cutting up carcasses;
(b) for the control and supervision of the methods of slaughtering;
(c) for the control and supervision of butchers carrying on business in the municipality or at any slaughter "houses without the municipality Substituted by the Tamil nadu District Municipalities (Third Amendment) Act, 1942 (Tamil Nadu Act XXXVIII of 1942), re-enacted by Tamil Nadu Re-enacting (No.III) Act, 1948 (Tamil Nadu Act IX of 1948)[provided by the municipal council or licensed by the executive authority; as the case may be;
(15) for the inspection of milch cattle, and the regulation of the ventilation, lighting, cleaning, drainage and water-supply of dairies and cattle-sheds in the occupation of persons following the trade of dairy man milk seller.
(16) for enforcing the cleanliness of milk stores and milk shops and vessels and utensils used by the keepers thereof or by hawkers for containing or measuring milk or preparing any milk product and for enforcing the cleanliness of persons employed in the milk trade;
(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 against infection and contamination.
(18) (a) for the inspection of public and private markets and shops other places therein.
(b) for the regulation of their use and the control of their sanitary condition.
Added by Tamil Nadu District Municipalities (Amendment) Act,1930 (Tamil Nadu Act X of 1930) [(c) for licencing and controlling, brokers, commission agents, weighmen and measurers practicing their calling in markets ; ]
(19) for prescribing the method of sale of articles whether by measure, weight, tale or piece;
(20) for prescribing and providing standard weights, scales and measures and preventing the use of any others;
(21) for the prevention of the sale or exposure for sale of unwholesome meat, fish or provisions and securing the efficient inspection and sanitary regulation of shops in which articles intended for human food are kept or sold;
(22)(a) for the regulation of burial and burning grounds and other places for the disposal of corpses ;
(b) for the levy of fees for the use of such burial and burning grounds and crematoria as are maintained by the council.
(c)for the verification of deaths and the causes of death;
(d) for the period for which corpses must be kept for inspection;
(e) for the period within which corpses must be conveyed to a burial or burning ground, and the mode or conveyance of corpses through public places ;
(23) for the registration of births, deaths and marriages;
Inserted by ibid [(23-A) for the training and licencing of dhais and midwives];
(24) for the enumeration of the inhabitants of the city;
(25) for the prevention of dangerous diseases of men or animals
(26) for the enforcement of compulsory vaccination;
(27) for the prevention of outbreaks of fire;
(28) for the prohibition and regulation of advertisements in public streets or parks;
(29) in general for securing cleanliness, safety, and order and the good government and well-being of the municipality and for carrying out all the purposes of this Act.

307. Power to give retrospective effect to certain by-laws "
By-laws with regard to the drainage of, and supply of water to, buildings and water-closets , earth-closets, privies, ash-pits and cess-pools in connexion with buildings and the keeping of water-closets supplied with sufficient water for flushing may be made so as to affect buildings erected before the passing of the by-laws or this Act.

308. Penalty for breaches of by-laws "
In making a by-law, the municipal council may Inserted by the Adaptation (Amendment)Order of 1950 [subject to the provisions of clause (1) of Article 20 of the Constitution], provide that a breach thereof shall be punishable "
(a) with fine which may extend of fifty rupees and incase of a continuing breach with fine which may extend a fifteen rupees for every day during which the breach continues after conviction for the first breach, or,
(b) with fine which may extend to ten rupees for every day during which the breach continues after receipt of notice from the Substituted by Tamil Nadu District Municipalities (Amendment) Act,1933 (Tamil Nadu Act XV of 1933)[executive authority] to discontinue such breach.
Substituted by Tamil Nadu District Municipalities (Amendment) Act,1930 (Tamil Nadu Act X of 1930) [310. Confirmation of by-laws by State Government " (1) No by-laws or cancellation or alteration of a by-law shall have effect until the same shall have been approved and confirmed by the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950[State Government]
(2) Any by-law or cancellation nor a alteration of a by-law when it shall have been duly confirmed shall be published in the district gazette in English and shall come into operation three months after it has been so published.]
Publication of rules, by-laws and regulations

311. Copies of Act, rules and by-laws, to be sold at municipal office -
Complete copies in English and in a vernacular language of the district -
(a) of this Act,
(b) of all rules framed by the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government] under by Tamil Nadu District Municipalities (Amendment) Act,1930 (Tamil Nadu Act X of 1930)[clause (b) of sub-section (2) of section 303], and
(c)of all by-laws in force for the time being,
Shall be kept at the municipal office and shall be sold to the public at cost price.

312. Publication of regulations
" Regulations made by the municipal authorities under this Act shall be published in such manner as the council may determine.

CHAPTER XV

Penalties

313. General provisions regarding penalties specified in the schedule -
(1) Whoever "
(a) contravenes any provision of any of the sections or rules specified in the first column of Schedule VII, or
(b) contravenes any rule or order made under any of the specified sections or rules, or
(C) fails to comply with any direction lawfully given to him or any requisition lawfully made upon him under or in pursuance of the provisions of any of the said sections or rules.
Shall on conviction be punished with fine which may extend to the amount mentioned in that behalf in the fourth column of the said schedule .
(2) Whoever after having been convicted of "
(a) contravening any provision of the sections or rules specified in the first column of Schedule VIII or,
(b) contravening any rule or order made under any of the specified sections or rules,
(c) failing to comply with any direction lawfully given to him or any requisition lawfully made upon him under or in pursuance of any of the said sections or rules, continues to contravene the said provision or to neglect to comply with the said direction or requisition, as the case may be, shall on conviction be punished, for each day after the previous date of conviction during which he continues so to offend, with fine which may extend to the amount mentioned in that behalf in the fourth column of the said schedule.
Explanation " The entries in the third column of Schedules VII and VIII headed "subject" are not intended as definitions of the offences described in the sections, sub-sections or clauses mentioned in the first and second columns or even as abstracts of those sections, sub-sections or clauses as the case may be.
Substituted by Tamil Nadu District Municipalities (Amendment) Act,1930 (Tamil Nadu Act X of 1930)
[314. Penalty for acting as councilor, chairman or vice-chairman when disqualified - (1) Whoever acts as a member of a municipal council knowing that under this Act or the rules made thereunder he is not entitled or has ceased to be entitled to hold such office shall, on conviction, be punished with fine not exceeding two hundred rupees for every such offence.
(2) Whoever acts as or exercises the functions of the chairman or vice-chairman of a municipal council knowing that under this Act or the Rules made thereunder he is not entitled or has ceased to be entitled to hold such office or to exercise such functions shall, on conviction, be punished with fine not exceeding one thousand rupees for every such offence.
(3) If the chairman or vice-chairman of a municipal council fails to hand over any documents of any moneys or other properties vested in , or belonging to, the municipal council which are in or have come into his possession or control, to his successor in office or other prescribed authority, in every case as soon as his term office as chairman or vice-chairman expires and in the case of the vice-chairman also on demand by the chairman, such chairman or vice-chairman shall, on conviction, be punished with fine not exceeding one thousand rupees for every such offence.]

315,. Penalty for acquisition by municipal officer of interest in contract or work -
If any municipal officer or servant knowingly acquires, directly or indirectly, by himself or by a partner or employer or servant, any personal share or interest in any contract or employment with, by, or on behalf of the municipal council, he shall be deemed to have committed an offence under section 168 of the Indian Penal Code:
Provided that no person shall, by reason of being a shareholder in, or member of, any company, be held to be interested in any contract entered into between such company and the council, unless he is a director of such company;
Added by ibid. [ Provided further that nothing in this section shall apply to a teacher employed by a municipal council who, with the sanction of the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government], enters into a contract with the municipal council with regard to the utilization for the purpose of a school of any land or building owned by him or in which he has a share or interest.]

316. Penalty for omission to take out licence for vehicle or animals "
(1) Every owner or person in charge of any vehicle or animal liable to tax under section 98 who omits to obtain a licence shall on conviction be punished with fine not exceeding fifty rupees and shall also pay the amount of the tax payable by him in respect of such vehicle or animal.
(2) On payment of such fine and tax and of such costs as may be awarded, such owner or person shall receive a licence for the vehicle or animal in respect of which he has been fined and for the period during which he has been found to be in default.
(3) The provisions of this section shall apply to any person who, having compounded for the payment of a certain sum under section 101, fails to pay such sum, and the amount due for a licence shall in such case be taken as the amount so compounded for.

317. Penalty for unlawful building -
If the construction or re-construction of any building or well "
(a) is commenced without permission of the Substituted by Tamil Nadu District Municipalities (Amendment) Act,1933 (Tamil Nadu Act XV of 1933) [executive authority] or particulars on which such permission was based, or
(c) is carried on or completed in contravention of any lawful order or in breach of any provision contained in this Act or in any rule or by-law made hereunder or of any direction or requisition lawfully given or made, or
If any alterations or additions required by any notice issued under section 205 or section 215 are not duly made, or
If any person to whom a direction is given by the Substituted by Tamil Nadu District Municipalities (Amendment) Act,1933 (Tamil Nadu Act XV of 1933) [executive authority] to alter or demolish a building or well under section 216 fails to obey such direction.
The owner of the building or well or the said person, as the case may be shall be liable on conviction to a fine which may extend in the case of a building to five hundred rupees and in the case of a well or hut to fifty rupees, and to further fine which may extend in the case of a building to one hundred rupees, and in the case of a well or hut to ten rupees, for each day during which the offence is proved to have continued after the first day.

NOTES
S.317 (a) read with section 187 (1) and 189 " compound wall exceeding 8 feet " Whether a building 1972 TLNJ 545
S.317 read with S.199 " Offence under complaint fill within one year filed the date of commission of offence " Dismissal of complaint on grounds that section 468 (2) of Cr..P.C applies " Propriety of ; 1979 TLNJ 13;

318. Notice to scavengers before discharge "
(1) In the absence of a written contract to the contrary, every scavenger employed by the municipal council shall be entitled to one month's notice before discharge or to one month's wages in lieu thereof, unless he is discharged for misconduct or was engaged for a specified term and discharged at the end of it.

(2) Penalty for withdrawal of scavengers without notice -
Should any scavenger employed by the council, in the absence of a written contract authorizing him so to do, and without reasonable cause, resign his employment or absent himself from his duties without giving one month's notice to the council, or neglect or refuse to perform his duties, or any of them, he shall be liable on conviction to a fine not exceeding fifty rupees or to imprisonment of either description which may extend to two months.

(3) Application of sub-section (1) and (2) to other municipal servants -
The Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [state Government] may, by notification, direct that, on and from a date to be specified in the notification the provisions of sub-sections (1) and (2) with respect to scavengers shall apply also to any specified class of municipal servants whose functions intimately concern the public health or safety.

319. Wrongful restraint, of executive authority and his delegate -
Every person who prevent the Substituted by Tamil Nadu District Municipalities (Amendment) Act,1933 (Tamil Nadu Act XV of 1933) [executive authority] or any person to whom the Substituted by Tamil Nadu District Municipalities (Amendment) Act,1933 (Tamil Nadu Act XV of 1933) [executive authority] has lawfully delegated his powers of entering into or on any land or building , form exercising his lawful power of entering thereinto or thereon shall be deemed to have committed an offence under section341. of the Indian Penal Code.

320. Penalty for not giving or giving false information "
If any person who is required by the provisions of this Act or by any notice or other proceedings issued under this Act to furnish any information "
(a) omits to furnish it, or
(b) knowingly or negligently furnishes false information such person shall be liable to a fine not exceeding Rs. 100.

PART VI

CHAPTER XVI

Procedure and Miscellaneous

Licenses and Permissions.
321. General provisions regarding licence and permissions " (1) Every licence and permission granted under this Act or any rule, or by-law made under this Act shall specify the period, if any, for which the restrictions, limitations, and conditions, subject to which the same is granted, and shall be signed by the Substituted by Tamil Nadu District Municipalities (Amendment) Act,1933 (Tamil Nadu Act XV of 1933) [executive authority]
Substituted by Tamil Nadu District Municipalities (Amendment) Act,1930 (Tamil Nadu Act X of 193) [(2) Save as otherwise expressly provided in or may be prescribed under this Act, for every such licence or permission, fees may be charged on such units and at such rates as may be fixed by the municipal council.]
Substituted by Tamil Nadu District Municipalities (third amendment) act, 1942 (Tamil Nadu Act XXXVIII of 1942), re-enacted Tamil Nadu Re-enacting (No.III) Act, 1948 (Tamil Nadu Act IX of 1949) [ (3) The council may "
(a) place the collection of such fees under the management of such persons as may appear to it proper, or
(b) farm out such collection for any period not exceeding three years at a time and on such terms and conditions as it may think fit.]
Inserted by Tamil Nadu District Municipalities (Amendment) Act,1930 (Tamil Nadu Act X of 1930) [(3-A) Every order of a municipal authority granting or refusing a licence or permission shall be published on the notice board of the municipal council.]
(4) Every order of a municipal authority refusing, suspending, canceling or modifying a licence or permission shall be in writing and shall state the grounds on which it proceeds.
(5) Subject to the special provisions in Chapters X and XII regarding buildings and private markets and subject to such sanction as may be required for the refusal of a licence or permission Omitted by Tamil Nadu District Municipalities (Amendment) Act,1930 (Tamil Nadu Act X of 1930) any licence or permission granted under this Act or any rule or by-law made under it may at any time be suspended or revoked by the Substituted by Tamil Nadu District Municipalities (Amendment) Act,1933 (Tamil Nadu Act XV of 1933) [executive authority] if any of its restrictions, limitations, or conditions is evaded or infringed by the grantee, or if the grantee is convicted of a breach of any of the provisions of this Act or of any rule, by-law or regulation made under it in any matter to which such licence or permission relates, or if the grantee has obtained the same by misrepresentation or fraud.
(6) If shall be the duty of the Substituted by Tamil Nadu District Municipalities (Amendment) Act,1933 (Tamil Nadu Act XV of 1933) [executive authority] to inspect places in respect to which a licence or permission is required by or under this Act, and he may enter any such place between sunrise and sunset and also between sunset or sunrise if it is open to the public or any industry is being carried on in it at the time ; and if he has reason to believe that anything is being done in any place without notice enter such place for satisfying himself whether any provision of law, rules, by-laws or regulations, any conditions of licence or permission or any lawful direction or prohibition is being contravened and no claim shall lie against any person for any damage or inconvenience necessarily caused by the exercise of powers under this sub-section, Substituted by Tamil Nadu District Municipalities (Amendment) Act,1933 (Tamil Nadu Act XV of 1933) [executive authority] or any person to whom he has lawfully delegated his powers, or by any force necessary for effecting an entrance under this sub-section.
(7) When any licence or permission is suspended or revoked, or when the period for which it was granted, or within which application for renewal should be made has expired, whichever expires later the grantee shall, for all purposes, of this Act or any rule or by-law made under this Act be deemed to be without a licence or permission until the order suspending or revoking the licence or permission is cancelled or, subject or, sub-section (11), until the licence or permission is renewed, as the case may be.
(8) Every grantee of any licence or permission shall at all reasonable times, while such licence or permission remains in force, produce the same at the request of the Substituted by Tamil Nadu District Municipalities (Amendment) Act,1933 (Tamil Nadu Act XV of 1933) [executive authority]
(9) Whenever any person is convicted of an offence in respect of the failure to obtain a licence or permission or to make a registration required by the provisions of this Act or any rule or by-law made under this Act, the Magistrate shall, in addition to any fine which may be imposed, recover summarily and pay over to the municipal council the amount of the fee chargeable for the licence or permission or for registration; Added by Tamil Nadu Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) and may in his discretion also recover summarily and pay over to the council such amount, if any, as he may fix as the costs of the prosecution.]
Inserted by Tamil Nadu Municipalities (Amendment) Act, 1942 (Tamil Nadu Act XXXVII of 1942), re-enacted permanently with specifies modification by section 3 of, and the schedule to, the Tamil Nadu Re-enacting (No.III) Act, 1948 (Tamil Nadu Act IX of 1948)[ (9-A) Save as otherwise expressly provided in or may be prescribed under this Act every application for a licence or permission or for registration or the renewal of a licence or permission or registration, shall be made not less than thirty and not more than ninety days before the commencement of the year or of such less period as mentioned in the application.]
(10) Such recovery of the fee under sub-section (9) shall not entitle the person convicted to a licence or permission or to registration shall not entitle the person making such pre-payment to the licence or permission or to registration, as the case may be, but only to refund of the fee in case of refusal of the licence or permission or of registration; but an applicant for the renewal of a licence or permission or registration shall until communication of orders on his application be entitled to act as if the licence or permission or registration had been renewed; and save as otherwise specifically provided in this Act, if orders on an application for licence or permission or for registration are not Substituted by Tamil Nadu Act XXXIX of 1974[received by the applicant within sixty days], after the receipt of the application by the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority], the application shall be deemed to have been allowed for the year or for such less period as is mentioned in the application, and subject to the law, rules, by-laws, regulations and all conditions ordinarily imposed.

NOTES
S.321 (1) & (2) " Council rise issuing licence fee " Hotel Industry changing certain fee considerable enhancement whether a tax or fee : 1972 TLNJ 539
Appeals

322. Appeals from executive authority to council "
(1) An appeal shall lie to the council from " (a) any notice issued or other action taken or proposed to be taken by the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] "
(i) Substituted by the Tamil Nadu Repealing and Amending Act, 1955 (Tamil Nadu Act XXXVI of 1955) [under section ] 131, 139,146, 147, 148,150, 205, sub-section (1) and sub-section (3), 216, sub-section (3), 218, sub-section (1), 219, sub-section (1), 224, sub-section (1), 226, 236 Substituted by the Tamil Nadu Repealing and Amending Act, 1955 (Tamil Nadu Act XXXVI of 1955) [246 or 247]
(ii) under any by-law concerning house drainage and the connection of house drains with municipal drains or house connections with municipal water supply or lighting mains; or
Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)[executive authority] (b) any refusal by the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] to approve a building site under section 200; or]
Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)[executive authority] [ (c) any order of the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] grant or refusing a licence or permission;]
Re-lettered by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)[executive authority][(d) any other order of the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] ,made under section 321, sub-section (5), suspending or revoking a licence; or
Re-lettered by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)[executive authority] [(e) any other order of the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] that may be made appealable by rules under section 303.
(2) The decision of the council on any such appeal shall be final.

323. Limitation of time for appeal "
In any case in which no time is prescribed by the foregoing provisions of this Act for the presentation of an appeal allowed thereunder, such appeal subject to the provisions of section 5 of the Indian Limitation Act, 1908, must Substituted by ibid [be presented]
(a) Where the appeal is against an order granting a licence or permission, within thirty days after the date of the publication of the order on the notice board of the municipal council and
(b) In other cases, within thirty days after the date of the receipt of the order of proceeding against which the appeal is made.
Power of summon

324. Power of persons conducting election and other enquiries - All persons authorized by rule to conduct enquiries relating to elections and all inspecting or superintending officers holding any enquiries into matters falling within the scope of their duties shall have for the purposes of such enquiries the same powers in regard to the issue of summonses for the attendance of witnesses and the production of documents as are conferred upon revenue officers by the Tamil Nadu Revenue Summonses act, 1869, and the provisions of sections 2,3, 4 and 5 of the Act shall apply to summonses issued and to persons summoned by virtue of the powers conferred by this section; and all powers to whom summonses are issued by virtue of the said powers shall be bound to obey such summonses.

325. Summons to attend and give evidence or produce documents "
The Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] may summon any person to attend before him and to give evidence or produce documents, as the case may be, in respect of any question relating to taxation, or inspection, or registration, or to the grant of any licence or permission under the provisions of this Act.
Notices, etc.

326. Form of notices and permissions -
All notices and permissions given, issued, or granted, as the case may be, under the provisions of this Act must be in writing.

327. Signature on documents -
(1) Every licence, permission, notice, bill schedule, summons or other document which is required by this Act or by any rule, by-law or regulation made under it to Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] [bear the signature of the chairman or executive authority] or of any municipal officer shall be deemed to be properly signed if it bears a Substituted by ibid. [facsimile of the signature of the chairman or executive authority] or of such municipal officer, as the case may be, stamped thereon.
(2) Nothing in sub-section (1) shall be deemed to apply to a cheque drawn upon the municipal fund or to any deed of contract entered into by the municipal council.

328. Publication of notification "
Substituted by ibid [Save as otoherwise provided, every notification under this Act other than one issue by the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government] shall be published in the official gazette of the district in which the municipality is situate both in English an din a vernacular language of the district.
Added by Tamil Nadu District Municipalities and Local Boards (Second Amendment) Act, 1944 (Tamil Nadu Act XVIII of 1944), re-enacted permanently by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting and Repealing (No.1) Act, 1948 (Tamil Nadu Act VII of 1948) [Provided that the Substituted by the Adaptation Order of 1950 (State) Government shall have power to direct that any such notification:-
(i) shall be published in the said gazette either in English or in a vernacular language of the district; or
(ii) shall, instead of being published in the said gazette, be published in any other manner specified by them.]

329. Publication of by-laws, notices, orders, etc "
Every by-law, notice or other document directed to be published under this Act, shall, unless a different method be prescribed by this Act, or by the council, be written in or translated into, the vernacular of the district and deposited at the municipal office, and a copy shall be posted up in a conspicuous position at such office and such other places as the council may direct. And a public proclamation shall be made throughout the municipality by beat of drum that such copy has been so posted up and that the original is open to inspection at the municipal office.

330. Notice of prohibitions or setting apart of places "
Whenever the municipal council shall have set apart any place for any purpose authorized by this Act or shall have prohibited the doing of anything in any place, the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] shall forthwith cause to be put up a notice in English and in a vernacular language of the district at or near such place. Such notice shall specify the purpose for which place has been set apart or the act prohibited in such pace.

331. Method of serving documents -
(1) When many notice or other document is required by this Act, or by any rule, by-law, regulation or order made under it, to be served on, or sent to any person, the service or sending thereof may be effected.
(a) by giving or tendering the said document to such person ; or
(b) if such person is not found, by leaving such document at his last known place of abode or business or by giving or tendering the same to some adult member or servant of his family or
(c) if such person does not reside in the municipality and his address elsewhere is known to the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] by sending the same to him by post registered, or
(d) if none of the means aforesaid be available, by Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1957 (Tamil Nadu Act XXV of 1957) affixing the same on some conspicuous part] of such place of abode or business.
(2) When the person is an owner or occupier of any building or land, it shall not be necessary to name the owner or occupier in the document, and in the case of joint owner s and occupiers it shall be sufficient to serve it on, or send it to, one of such owners or occupiers.
(3) Whenever in any bill, notice Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)[form or other document] served or sent under this Act a period is fixed within which any tax or other sum is to be paid or any work executed, or anything provided, such period shall, in the absence from this Act of any distinct provision to the contrary, be calculated, from the date of such service or sending.
Relation of occupier to owner.

332. Recovery by occupier of sum leviable from owner -
If the occupier of any building or land makes on behalf of the owner thereof any payment for which under this Act, the owner, but not the occupier, is liable, such occupier shall be entitled to recover the same form the owner and may deduct the same from the rent or thereafter due by him to the owner.

333. Obstruction of owner by occupier -
(1) If the occupier of any building or land prevents the owner from carrying into effect in respect thereof any of the provision of this Act, the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] may by an order require the said occupier to permit the owner, within eight days from the date of service of such order, to execute all such works as may be necessary.
(2) Such owner shall, for the period during which he is prevented as aforesaid, be exempt from any fine or penalty to which he might otherwise have become liable by reason of default in executing such works.

334. Execution of work by occupier in default of owner
" if the owner of any building or land fails to execute any work which he is required to execute under the provisions of this Act or of any rule, by-law, regulation or order made under it, the occupier of such building or land may, with the approval of the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority], execute the said work, and shall be entitled to recover from the owner the reasonable expenses incurred in the execution thereof, from the rent then or thereafter due by him to the owner.
Substituted by ibid [Powers of entry and inspection of the executive authority]

335. Power to entry to inspect, survey or execute the work -
The Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] or any person authorized by him in this behalf may enter into or on any inquiry, inspection, test, examination, survey, measurement or valuation or for the purpose of lawfully placing or removing pipes or meters, or to execute any other work which is authorized by the provisions of this Act or of any rule, by law, regulation, or order made under it, or which it is necessary for any of the purposes of this act or in pursuance of nay of the said provisions, to make or execute;
Provided that "
(a) except when it is in this Act otherwise expressly provided, no such entry shall be made between sunset and sunrise;
(b) except when it is in this Act otherwise expressly provided, no dwelling house and no part of a building used as a dwelling place, shall be so entered without the consent of the occupier thereof, unless the said occupier has received at least six hours previous notice of the intention to make such entry;
(c) sufficient notice shall be given in every case even when any premises may otherwise be entered with out notice, to enable the inmates of any apartment appropriated t women to some 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 purpose of the entry, to the social and religious usages of the occupants of the premises.

336. Power of entry on lands adjacent to works "
(1) The
Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] or any person authorized by him in his behalf may with or without assistants or workmen enter on any land adjoining or within fifty yards of any work authorized by this Act or by any rule, by-law, regulation or order made under it, for the purpose of depositing on such land any soil, gravel, stone, or other materials, or of obtaining access to such work, or for any other purpose connected with the carrying on thereof.
(2) The Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] or person authorized by him as aforesaid, shall, before entering on any land, under sub-section (1), give the owner or occupier three days previous notice of the intention to make such entry, and 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.
(3) The Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] shall not be bound to make any payment, tender or deposit before entering on any land under sub-section (1), but as little damage as may be shall be done and the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] shall pay compensation to the owner or occupier of the land for such entry and for temporary or permanent damage that may result therefrom
(4) if such owner or occupier is dissatisfied with the amount of compensation paid to him by the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] he may appeal to the council.

337. Inspection and stamping of weights and measures -
The Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] or any person authorized by him in this behalf may examine and test weighs and measures used in markets and shops in municipality with a view to the prevention and punishment of offenses relating to such weights and measures under Chapter XIII of the Indian Penal Code.
Power to enforce licensing provisions, orders, etc.

338. Consequences of failure to obtain licenses, etc, or of breach of the same -
If, under this Act, or any rule, by-law or regulation made under it, the licence or permission of the council or Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] or registration in the municipal office is necessary for the doing of any act, and if such act is done with out such licence or permission or registration, or in a manner inconsistent with the terms of any such licence or permission or registration, or in a manner inconsistent with the terms of any such licence or permission then "
(a) the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] may by notice require the persons so doing such act to alter, remove, or, as far as practicable, restore to its original state the whole or any part of any property, movable, or immovable, public or private, affected thereby within a time to be specified in the notice and further.
(b) if no penalty has been specially provided in this Act for so doing such act, the person so doing it shall be liable on conviction before a Magistrate to a fine exceeding fifty rupees for every such offence.

339. Time for complying with order and power to enforce in default -
(1) Whenever by any notice, requisition, or order under this Act, or under any rule, by-law or regulation made under it, any persons is required to execute any work or to take any measures or do anything, a reasonable time shall be named in such notice, requisition or order within which the work shall be executed, the measures taken, or the thing done.
(2) If such notice, requisition, or order is not complied with within the time so named the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] may cause such work to be executed or may take any measures or do anything, a reasonable time shall be named in such notice, requisition or order within which the work shall be named in such notice, requisition or order within which the work shall be executed, the measures taken, or the thing done.
(3) If no penalty has been specially provided in this Act of failure to comply with such notice, the said person shall be liable on conviction before a Magistrate to a fine not exceeding fifty rupees for every such offence.

340. Recovery of expenses form persons liable and limitation of liability of occupier -
The Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] may, subject to the provisions of Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)[section 139], recover any reasonable expenses, incurred under section 339 from the person or any one of the persons to whom the notice, requisition or order was addressed, and may, in executing work or taking concerned or may sell them and apply the sale-proceeds in or towards the payment of the expenses incurred.
(2)If the person to whom notice is given is the owner of the property in respect of which it is given, the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority]may (whether any action or other proceeding has been brought or taken against such owner or not) require the person, if any, who occupies such property , or any part thereof, under the owner, to pay to the municipal council instead of to the owner, the rent payable by him in respect of such property, as it falls due, up to the amount recoverable form the owner under sub-section (1) or to such smaller amount as the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] may think proper, and any amount so paid shall be deducted from the amount payable by the owner.
(3) For the purpose of deciding whether action should be taken under sub-section (2), the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] may require any occupier of property to furnish information as to the sum paid by him as rent on account of such property and as to the name and address of the person to whom it is payable, and such occupier shall be bound to furnish such information.
(4) The provisions of this section shall not affect any contract made between any owner and occupier respecting the payment of any such expenses.

341. Relief to agent and to trustees "
(1)When any person by reason of his receiving the rent of immovable property as agent, trustee, guardian , manager or receiver or of his being agent, trustee, guardian, manger or receiver for the person who would receive the rent if the property were let to a tenant, would, under this Act, be bound to discharge any obligation imposed by this Act, or any rule by-law, and regulation or order made under it on the proprietor of the property and for the discharge of which money is required, he shall not be bound to discharge the obligation unless he has, or, but for his own improper act or default, might have had, in his hand funds belonging to the proprietor sufficient for the purpose.
(2) The burden of proving the facts entitling a person to relief under this section shall lie on him.
(3) When any person has claimed and established his right to relief under this section, the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] may give him notice to apply to the discharge of such obligation as aforesaid the first moneys which shall come to his hands on behalf or for the use of the proprietor, and should be fail to comply with such notice he shall be deemed to be personally liable to discharge such obligation.

342. Power of executive authority to agree to receive payment of expenses in installments "
Instead of recovering any such expenses as aforesaid in the manner provided under section 344, the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] may, if he thinks fit, take an agreement from the person liable for the payment thereof, to pay the same in installments of such amounts and at such intervals as will secure the payment of the whole amount due, with internet thereon at the rate of nine per centum per annum, within a period of not more than five years.
Payment of compensation, etc., by and to municipality

343. Power of municipality to pay compensation -
in any case not otherwise expressly provided for in this Act, the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] may, with the approval of the council, pay compensation to any person who sustains damage by reason of the exercise by any municipal authority, officer or servant of any of the powers vested in them by this Act or any other law, or by any rule, by-law or regulation made under it.

344. Recovery of sum due as taxes -
All costs, damages Inserted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)[penalties], compensation, charges, fees (other than school fees), expenses, rents (not being rents for lands and buildings, demised by the municipal council), contributions and other sums which under this Act or any other law or rules or by-laws made thereunder, or under any contract in respect of water-supply substituted by ibid [or drainage] made in accordance with this Act, the rules or by-laws are due by any person to the council, may, if there is no Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)[special provision in this Act for their recovery] be demanded by bill as provided in the rules in Schedule IV and recovered in the manner provided Substituted by ibid[therein]

345. Limitation for recovery of dues "
No distraint shall be made, no suit shall be instituted and no prosecution shall be commenced in respect of any sum due to the municipal council under this Act after the expiration of a period of three years from the date on which distraint might first have been made, a suit might first have been instituted, or prosecution might first have been commenced, as the case may be, in respect of such sum.

346. Procedure in dealing with surplus sale-proceeds -
If any property, movable or immovable is sold under the provision of this Act and if there is a surplus after the sum due to the municipal council and the cost have been deducted from the sale-proceeds, such surplus shall, if the owner of the property sold, claims it within six months from the date of the sale, be paid to him by the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority], but if no such claim if preferred within such time the said surplus shall be credited to the municipal fund, and no suit shall lie for the recovery of any sum so credited.

347. Person empowered to prosecute "
Omitted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) Substituted by Tamil Nadu Act X of 1962 Save as otherwise expressly provided in this Act, no Court shall take cognizance of any offence against the provision of this Act, or of any rule, or by-law under it unless complaint is made by the police, or the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] or by a person expressly authorized in this behalf by the council or the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority]within three months of the commission of the offence. But nothing herein shall affect the provision of the Code of Criminal Procedure Sec. Criminal Procedure Code, 1973 (II of 1974) [1898] in regard to the power of certain Magistrate to take cognizance of offences upon information received or upon their own knowledge or suspicion
Provided that failure to take out a licence obtain permission or secure registration under this Shall, for the purpose of this section, be deemed continuing offence until the expiration of the period, if any, for which the licence, permission or registration is required and if not period is specified, complaint may be made at any time within twelve months from the commencement of the offence.

348. Imprisonment in default of payment and application of costs. Etc., -
(1) In the case any fine or costs imposed or assessed by a Magistrate under this Act or under any rule or by-law made under it, shall not be paid, the Magistrate may order the offender to be imprisoned in default of payment subject to all the restrictions, limitations, and conditions imposed in sections 64 to 70 (both inclusive) of the Indian Penal code.
Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)[(2) Any fine, costs, tax or other sum imposed or assessed by a Magistrat under this Act or under any rule or by-law made under it shall be recoverable by such magistrate Code of Criminal Procedure, 1898 See the Code of Criminal Procedure, 1973 as if were a fine and the same shall inserted by the Adaptation Order of 1937 [except in the case of a fine] on recovery be paid to the municipal council to be applied to the purposes of this act.]

349. Payment of compensation for damage to municipal property -
If on account of any act or omission, any person has been convicted of an offence against the provisions of this Act or against any rule or by-law made under it and by reason of such act or omission damages has been caused to any property owned by or vesting in the municipal council, the said person shall pay compensation for such damage, notwithstanding any punishment to which he may have been sentenced of the said offence. In the event of dispute, the amount of compensation payable by the said person shall be determined by the Court before whom he was convicted of the said offence on application made to him for the purpose by the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[executive authority] not later than three months from the date of conviction; an din default of payment of the amount of compensation so determined, it shall be recovered under the warrant from the said court as if it were a fine inflicted by him on the person liable therefore.
Legal proceedings

350. Institution of suits against municipal authorities, officers and servants.
(1) No suit for damages or compensation shall be instituted against the municipal council, any municipal authority, officer or servant, or any person acting under the direction of the same, in respect of any act done in pursuance or execution or intended execution of this Act or any rule, by-law, regulation or order made under it or in respect of any alleged neglect or default in execution of this Act, or any rule, by-law, regulation , or order made under it until expiration of one month after a notice has been delivered or left at the municipal office or at the place of abode of such officer, servant or person, stating the cause of action, the relief sought, and the name and the place of abode of the intending plaintiff; an the plaint shall contain a statement that such notice has been so delivered or left.
(2) Every such suit shall be commenced within six months after the date on which the cause of action arose or in case of a continuing injury or damage such continuance or within six months after the ceasing thereof.
(3) If any person to whom any notice is given under sub-section (1) tenders amends to the plaintiff before the suit is instituted and if the plaintiff does not recover in any such action more than the amount so tendered he shall not recover any costs incurred after such tender by the person to whom such notice has been given, and the defendant shall be entitled to costs as from the date of tender.
(4) Where the defendant in any such suit is Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [ the chairman, the executive authority or ] a municipal officer or servant, payment of the sum, or any part of any sum, payable by him in, or in consequence of, the suit whether in respect of costs, charges, expenses, compensation for damages or otherwise may be made, with the sanction of the council, from the municipal fund.

351. Provision respecting institution etc., of civil and criminal actions and obtaining of legal advice "
The Substituted by ibid [executive authority]may,-
(a) take, or withdraw, from proceedings, against any person who commits "
(i) any offence against this Act, the rules, by-laws or regulations;
(ii) any offence which affects or is likely to affect any property or interest of the municipal council or the due administration of this Act;
(iii) any nuisance whatsoever;
(b) compound any offence against this Act, the rules, by-laws, or regulations which may by the rules, by-laws or regulations which may by the rules made by the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [ State Government] be declared compoundable;
Clause (c) was omitted and clauses (d) to (i) were relettered as clauses (c) to (h) by Tamil Nadu District Municipalities (amendment) Act, 1930 (Tamil Nadu Act X of 1930) [(c) with the approval of the council take, withdraw from or compromise proceedings for the recovery of expenses or compensation claimed to be due to the municipal council.
Clause (c) was omitted and clauses (d) to (i) were relettered as clauses (c) to (h) by Tamil Nadu District Municipalities (amendment) Act, 1930 (Tamil Nadu Act X of 1930) [(d) with the approval of the council withdraw or compromise any claim against any person in respect of a penalty payable under a contract entered into with such person by the Substituted by ibid [executive authority]
Clause (c) was omitted and clauses (d) to (i) were relettered as clauses (c) to (h) by Tamil Nadu District Municipalities (amendment) Act, 1930 (Tamil Nadu Act X of 1930) [(e) with the approval of the council, defend any suit or other legal proceeding brought against the municipal council or against any municipal authority, officer or servant, in respect of anything done or omitted to be done as aforesaid;
Clause (c) was omitted and clauses (d) to (i) were relettered as clauses (c) to (h) by Tamil Nadu District Municipalities (amendment) Act, 1930 (Tamil Nadu Act X of 1930) (f) with the approval of the council, compromise any claim, suit or legal proceedings brought against the council or against any municipal authority, officer or servant, in respect of anything done or omitted to be done as aforesaid.
Clause (c) was omitted and clauses (d) to (i) were relettered as clauses (c) to (h) by Tamil Nadu District Municipalities (amendment) Act, 1930 (Tamil Nadu Act X of 1930)(g) with the approval of the council, institute and prosecute any suit or withdraw from or compromise any suit or claim, which has been instituted or made in the name of the municipal council or of the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [executive authority]
Clause (c) was omitted and clauses (d) to (i) were relettered as clauses (c) to (h) by Tamil Nadu District Municipalities (amendment) Act, 1930 (Tamil Nadu Act X of 1930)
(h) 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 the council to obtain, for any for the purposes mentioned in the foregoing clauses of this section or for securing the lawful exercise or discharge of any power or duty vesting in or imposed upon any municipal authority or municipal officer or servant.
Omitted by the Tamil Nadu Act 25 of 1994 [(351-A *****]
Inserted by the Tamil Nadu District Municipalities and Local Board (amendment) Act, 1936 (Tamil Nadu Act XXV of 1936) [
351-B. Injunctions not to be granted in election proceedings " Notwithstanding any thing contained in the Code of Civil Procedure , 1908, or in any other law for the time being in force, no court shall grant any permanent or temporary injunction or make any interim order restraining any proceeding which is being or about to be taken under this Act for the preparation or publication of electoral rolls or for the conduct of any election ]

352. Indemnity to the Government, collector, revenue divisional officer, municipal authorities, officers and agents -
No suit shall be maintainable against Inserted by Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 (State Government) the District Collector, the revenue divisional officer] Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [ or any municipal chairman, executives authority], officer or servant or any person acting under Substituted by ibid [direction of any municipal chairman, executive authority], officer or of a Magistrate in respect of anything in good faith done under this Act Omitted by Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) or any rule, by-law, regulation or order made under it.

353. Liability of chairman, members, and executive authority for loss, waste or misapplication -
(1) The Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) [chairman, every councilor, and the executive authority] shall be liable for the loss, waste, or misapplication of any money or other property owned by or vested in the municipal council, if such loss, waste or misapplication is a direct consequence of his neglect or misconduct and a suit for compensation may be instituted against him by the council with the previous sanction of the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government] or by the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government]
(2) Every such suit shall be commenced within the three years after the date on which the cause of action arose.
Inserted by Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)
[353-A. Sanction for prosecution of chairman, or executive authority. - when the Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933) (Chairman, any councillor or the executive authority) is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction of the Substitute by the A.O. 1937 and by the A.O. of 1950 [State Government]

354. Assessments, etc. not to be impeached -
(1) No assessment or demand made and no charge imposed, under the authority of this Act shall be impreached or affected by reason of any clerical error or by reason of any mistake (a) in respect of the name, residence, place of business or occupation of any person, or (b) in the description of any property or thing, or (c) in respect of the amount assessed, demanded or charged; provided that the provisions of this Act shall Inserted by Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930) [merely] for defect in form, be quashed or set aside by any court of Justice.
(2) No suit shall be brought in any Court to recover any sum of money collected under the authority of this Act or to recover any sum of money collected under the authority of this Act or to recover damages on account of any assessment, or collection of money made under the said authority.
Provided that the provisions of this Act have been, in effect, complied with.
(3) No distraint or sale under this Act shall be deemed unlawful nor shall any person making the same be deemed a trespasser, on account of any error, defect or want of form in the bill, notice, schedule, form, summons, notice of demand, warrant of distraint, inventory, or other proceeding relating thereto if the provisions of this Act, the rules and by-laws have in substance and effect been complied with;
Provided that every person aggrieved by any irregularity may recover satisfaction for any special damage sustained by him.

NOTES
S.354 (1) read with Section 82 (2); Property Tax procedure for assessment 1977 TLNJ 161- 1991 L.W. 61.
Police

355. Duties of police officers " (1) It shall be the duty of every police officer "
(a) to communicate without delay to the proper municipal officer any information which he receives of the design to commit or of the commission of any offence under this Act, or any rule, by-law or regulation made under it, Inserted by Tamil Nadu Motor Vehicle Taxation Act, 1931 (Tamil Nadu Act III of 1931)[and]
(b) Substituted by Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)[to assist the chairman, the executive authority] or any municipal officer or servant reasonably demanding his aid for the lawful exercise of any power Substituted by ibid [vesting in the chairman or the executive authority] or in such municipal officer or servant under this Act, or any such rule, by-law or regulation, (omitted by Tamil nadu motor vehicles taxation act, 1931 (Tamil Nadu Act III of 1931)
Clause (e) was omitted, ibid [(c) *************]
(2) Any police officer who omits or refuses to perform any duty imposed on him by this Act, shall be deemed to have committed an offence under section 10 or under section 44 of the Madras District Police Act, 1859.

356. Power of Police officers to arrest persons -
If any police officer sees any person committing an offence against any of the provisions of this Act or of any rule or by-law made under it, he shall, if the name and address of such person are unknown to him, and if the said person on demand declines to give his name and address, or gives a name and, address which such officer has reason to believe to be false, arrest such person.
(2) No person arrested under sub-section (1) shall be detained in custody "
(a) after his true name and address are ascertained, or
(b) without the order of Magistrate for any longer time, not exceeding twenty-four hours from the hour of arrest, than is necessary for bringing him before a Magistrate.

357. Exercise of powers of police officer by municipal servants "
The Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government] may empower any municipal servant or any class of municipal servants to exercise the powers of police for the purposes of this Act and of the Substituted by the Tamil Nadu A.O. 1969[Tamil Nadu] Towns Nuisances Act, 1889.
Miscellaneous

358. Application of term ˜public servant' to municipal officers, agents and sub-agents. -
Every municipal officer or servant, every contractor or agent for the collection of any municipal tax, Omitted by Tamil Nadu Motor vehicles Taxation Act 1931 (Tamil Nadu Act III of 1931) fee or other sum due to the municipal council and every person employed by any such contractor or agent for the collection of such tax, Omitted by Tamil Nadu Motor vehicles Taxation Act 1931 (Tamil Nadu Act III of 1931) fee or sum shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

359. Prohibition against obstruction of municipal authorities, servant and contractors -
No person shall obstruct or molest the council, the Substituted by the Tamil Nadu District Municipalities (Amendment)act,1933 (Tamil Nadu Act XV of 1933) [chairman, any councillor, the executive authority], or any person employed by the municipal council or Omitted by Tamil Nadu Motor vehicles Taxation Act 1931 (Tamil Nadu Act III of 1931)[ any person with whom a contract has been entered into on behalf of the council ] in performance of their duty or of anything which they are empowered or required to do by virtue or in consequence of this Act or of any by-law, rule, regulation, or order made under it.

360. Prohibition against removal of mark "
No person shall remove any mark set up for the purpose of indicating any level or direction incidental to the execution of any work authorized by this Act or by any by-law, rule or order made under it.

361. Prohibition against removal or obliteration of notice "
No person shall, without authority in that behalf, remove, destroy, deface, or otherwise obliterate, any notice exhibited, by, or under the orders of the council or the Substituted by the Tamil Nadu District Municipalities (Amendment)act,1933 (Tamil Nadu Act XV of 1933) [executive authority]

362. Prohibition against unauthorized dealing with public place or materials -
No person shall, without authority in that behalf, remove earth, sand or other material or deposit, any matter or make any encroachment from, in or on any land vested in the municipal council, or river, estuary, canal, backwater or water-course (not being private property) or in any way obstruct the same.
Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government] Power of delegation

363. Delegation of powers by the State Government "
The original section 363 numbered as 363(1) by section 26 of the Tamil Nadu District Municipalities (Third Amendment) Act, 1942 (Tamil Nadu Act XXXVIII of 1942), re-enacted permanently with specified modifications by section 3 of and the Schedule to, the Tamil Nadu Re-enacting (No. III ) Act, 1948 (Tamil Nadu Act IX of 1948) [(1) The Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950[State Government] may by notification authorize any person to exercise any one or more of the powers Substituted by the Tamil Nadu District Municipalities (amendment) act, 1930 (Tamil Nadu ActX of 1930) [vested in them] by this Act, Substituted by ibid [except the powers mentioned in Chapters II and III, the power to determine the amount of contribution under section 303 and 305 and the power to sanction prosecution under section 353-A] and may in like manner withdraw such authority.
Added by the Tamil Nadu District Municipalities (Amendment) Act, 1942 (T.N.Act XXXVIII of 1942 ) re-enacted permanently with specified modifications by section 3 of and the Schedule to, the Tamil Nadu Re-enacting (No. III ) Act, 1948 (Tamil Nadu Act IX of 1948) [ (2) The exercise of any powers delegated under sub-section (1) shall be subject to such restrictions and conditions as may be prescribed or as may be specified in the notification and also to control and revise by the Substituted by the Adaptation Order of 1950 [State] Government or by such persons as may be empowered by them in this behalf. The Substituted by the Adaptation Order of 1950 [State] Government shall also have power to control and revise the acts or proceedings or any persons so empowered.]
Transitional and transitory provisions.

364. Passing of property and rights to municipality as reconstituted -
All property, all rights of whatever kinds used, enjoyed or possessed by and all interest of whatever kind owned by, or vested in or held in trust by, or for, a municipal council, as constituted under the Tamil Nadu District Municipalities Act, 1884, as well as all liabilities legally subsisting against the said council shall pass to the council as constituted under this Act.

Brought into force form 1st October 1920 " Vide Notification No. 595 dt. 10.8.1920 [365. Commencement of Act "
This Act shall come into force on such date as the Substituted by the Adaptation Order of 1950 [State Government] may by notification direct];
Provided that the power to make or approve rules, by-laws and regulations may be exercised at any time after the publication of the assent of the Governor-General under section 81 of the Government of India act, 1915, and that any election or appointment of chairman, or Councillors under this act, or under the rules made under this Act, may be held or made at any time after such publication, but no such election or appointment shall take effect until the commencement of the Act.

366. Continuance in office of present chairman and Councillors "
In their application to the term of office and the election and appointment of Councillors and the chairman elected or appointed for the first time after the commencement of this Act, the provisions of this Act, shall be read subject to the following modifications "
(a) The term of office of the chairman and of the councillors holding office, under the Tamil Nadu District Municipalities Act, 1884, shall expire on such date or dates after the commencement of this Act as the Substituted by the Adaptation Order of 1950 [State Government] shall determine and the Substituted by the Adaptation Order of 1950 [State Government] shall make appointments and cause arrangements for election to be made under this Act so that the newly elected and appointed councillors may come into office on the date fixed for the retirement of the former councillors and the chairman elected or appointed under this Act on the date fixed for retirement of the Chairman elected or appointed or ex-offico under the Tamil Nadu District Municipalities Act, 1884 and until they so come into office the chairman and the Councillors appointed or Ex-offico under the Tamil Nadu District Municipalities Act, 1884, shall have all the powers and be subject to all the duties respectively of the chairman and councillors under this Act and
(b)on or as soon as may be after the constitution of the council under this Act, a meeting shall be held on a day and at a time fixed by the chairman, and if not held on that date shall be held on some subsequent day fixed by the chairman " (i) for ascertainment by lot (or if the Substituted by the Adaptation Order of 1950[State Government] Substituted by Tamil Nadu District Municipalities (Amendment)Act, 1930 (Tamil Nadu Act X of 1930)
(i) for ascertainment by lot (or if the Substituted by the Adaptation Order of 1950[State Government] Substituted by Tamil Nadu District Municipalities (Amendment)Act, 1930 (Tamil Nadu Act X of 1930) [so direct] otherwise than by lot) of one-third the number of elective seats to be vacated at noon on the first day of November, 1921 and of one-third such seats to be vacated at noon on the first day of November, 1922, and the councillors elected for the total number of seats so ascertained or the councillors elected in their places in casual vacancies shall hold office until the first day of November, 1921 or the first day of November,1922 as the case may be and the remaining elected councillors shall continue in office until the fist day of November, 1923; and
(ii) for the election of a chairman by those councils on whom this privilege has been conferred by the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government]

367. Procedure for recovery of arrears of taxes, etc. -
All arrears of taxes or other payments by way of compensation for a tax or due for expenses or compensation or otherwise due to a municipal council at the time this Act comes into force may be recovered as though they had accrued under this Act.

Substituted by Tamil Nadu District Municipalities Act, 1930 (Tamil Nadu Act X of 1930) [368. Special provision in the case of newly constituted and reconstituted municipal councils "
(1) Notwithstanding anything contained in this Act, when a municipality is constituted for the first time, the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950 [State Government] may appoint a special officer to exercise the powers, discharge the duties and perform the functions of the municipal council Substituted by the Tamil Nadu District Municipalities (Amendment)act,1933 (Tamil Nadu Act XV of 1933) [and its chairman and executive authority]
(2) The special officer shall cause arrangements for election to be made so that the newly elected Added by Tamil Nadu Act XXIII of 1978 [chairman and] councillors may come into office on a duty within six months from the date of publication of the notification under sub-section (3) of section 4 declaring the area to be a municipality.
(3) The special officer shall exercise the powers, discharge the duties and perform the functions of the municipal council until the council has been constituted, Substituted by the Tamil Nadu Act XV of 1933 [ of the chairman until a chairman has been elected] Tamil Nadu Act XXIII of 1978 and of the executive authority until a chairman has been elected or a commissioner has been appointed, as the case may be
Omitted by Tamil Nadu Act XXIII of 1978(4)
(5) Substituted by the Tamil Nadu Act X of 1968 [The term of office of the Added by Tamil Nadu Act XXIII of 1978 [chairman and ] councillor or of the councillors elected in their places at casual vacancies shall be Substituted by the Tamil Nadu Act IV of 1989 [five years] beginning and expiring at noon on such date as the state Government may, by notification, appoint in that behalf and different dates may be appointed for different municipal council.]
Proviso added by the Tamil Nadu Act X of 1962 omitted by Tamil Nadu Act XXV of 1994.
(6) The provisions of sub-section (1) to (5) shall apply save as otherwise provided in this Act and so far as may be, to all cases of reconstitution of municipal councils. Added by the Tamil Nadu Act X of 1962 omitted by Tamil Nadu Act XXV of 1994.[ and to all cases where ordinary vacancies in the office of Inserted by Tamil Nadu Act XXIII of 1978[chairman or ] councillors have not been filled.]
(7) Where the number of seats on a municipal council is increased by or in consequence of a notification under sub-section (1) of section 7, the councillors "elected for the additional seats or the councillors elected in their places at casual vacancies shall hold office until the date on which the councillors elected to the original seats at the ordinary elections immediately preceding will vacate office.]
Added by the Tamil Nadu District Municipalities (Amendment) Act,1930 (Tamil Nadu Act X of 193)[
369. Adjudication of disputes between local authorities " (1) When a dispute exist between a council and one or more than one other local authority in regard to any matters arising under the provisions of this or any other Act and the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950[State Government] are of opinion that the local authorities concerned are unable to settle it amicably among themselves, the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950[State Government] may take cognizance of the dispute, and
(a)
decide it themselves, or
(b)
refer it for inquiry and report to an arbitrator or a board of arbitrators, or to a joint committee constituted under section 26 for the purpose.
(2) The report referred to in clause (b) of sub-section (1) shall be submitted to the Substituted by the Adaptation Order of 1937 and by the Adaptation Order of 1950[State Government] who shall decide the dispute in such manner as they deem fit.
This sub-section was substituted for the original sub-section (3) by section 3 of the Madras City Municipal, District Municipalities and Local Boards (amendment) Act, 1941 (Tamil Nadu Act VIII of 1941) re-enacted permanently with specified modifications by section 2 (2) of , and the second Schedule to, the Tamil Nadu Re-enacting Act, 1949 (Tamil Nadu Act of 1949)[(3) Any decision given, whether before, or after this sub-section comes into force, under clause (a) of sub-section (1) or under sub-section (2) Substituted by the Tamil Nadu Re-enacting Act, 1949 (Tamil Nadu Act X of 1949) [may, at the instance of the local authorities concerned, be modified] from time to time by the Substituted by the Adaptation Order of 1950[State]Government.
Any such decision or any modification therein or cancellation thereof shall be binding on each of the local authorities concerned and shall not be liable to be questioned in any Court of law.]
Inserted by the Adaptation Order of 1937 [ (4) The powers of the Substituted by Adaptation Order of 1950[State]Government under this section shall, where one of the local authorities concerned is a cantonment authority or the port authority of a major port only be exercisable with the concurrence of the Central Government.]

Inserted by the Tamil Nadu District Municipalities (amendment) act 1933 (Tamil Nadu Act XV of 1933) 370. References to chairman in other enactments and notifications, etc. issued thereunder -
(1) Any reference to the chairman contained in any enactment in force in the Substituted by the Tamil Nadu A.O. 1970 [State of Tamil Nadu] or in any notification, order, scheme, rule, form or by-law made under any such enactment and in force in the said Substituted by Adaptation Order of 1950[State] shall where such reference relates to the executive functions of the chairman be construed as a reference to the executive authority.
(2) If any question arises as to whether any such reference relates to the executive functions of the chairman or not, the decision of the Substituted by the Adaptation Order of 1950 [State Government] shall be final]
Added by the Tamil Nadu Act XXV of 1994] (3) Any reference to the town panchayat contained in any enactment in force in the State of Tamil Nadu or in any notification, order, scheme, rules, form or by-law made under any such enactment and in force in the said state shall be construed as a reference to the town panchayat constituted under this Act.]
Inserted by ibid. [
371. Power to remove difficulties " (1) If any difficulty arises in giving effect to the provisions of this Act, as amended by the Tamil Nadu District Municipalities (Amendment) Act, 1994, the State Government may, by an order published in the Tamil Nadu Government Gazette, make such provisions, not inconsistent with the provisions of the Act, as amended by the Tamil Nadu District Municipalities (Amendment) Act, 1994 as appear to them to necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of two years from the date of commencement of the Tamil Nadu District Municipalities (Amendment)Act, 1994.
(2) Every order made under sub-section (1) shall, as soon as possible, after it is made, be placed on the 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 should not be issued, 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.

372. Repeal of certain Acts. "
The Metter Township Act, 1940 (Tamil Nadu Act XI of 1940) the Courtallam Township Act, 1954 (Tamil Nadu Act XVI of 1954) and the Bhavanisagar Township Act, 1954 (Tamil Nadu Act XXV of 1954) are hereby repealed.

373. Conversion of a township into a municipality or town panchayat. -
Notwithstanding anything contained in this Act or any other law for the time being in force, the State Government may, by notification, direct that the local area constituting any township shall from such date as may be specified therein (herein after referred to as the specified date), be a municipal area of a panchayat town and in respect thereof on and from such specified date, the following consequences shall ensure, namely:-
(a) the township committee of such area shall cease to exist or to function;
(b) there shall be constituted for the municipal area a municipality, or as the case may be, for the panchayat area, town panchayat under the provisions of this Act, as amended by the Tamil Nadu District Municipalities (Amendment) Act, 1994;
(c) the unexpended balance of the fund and the property (including arrears of rates, taxes and fees) belonging to the township committee and all rights and powers which, prior to such notification, vested in the township committee shall, subject to all charges and liabilities affecting the same vest in the fund constituted for the municipality, or as the case may be, the town panchayat;
(d) any appointment, notification, notice, tax, order, scheme, licence, permission, rule, by-law, or form made, issued, imposed or granted under any law governing such township before the specified date in respect of such local area shall continue in force and be deemed to have been made, issued, imposed or granted in respect of the municipal area or town panchayat area until it is superseded or modified by any appointment, notification, notice, tax, order, scheme, licence, by-law, or form made, issued, imposed or granted under this Act;
(e) all budget estimates, assessments, assessment lists, valuation or measurements made, or authenticated under any law governing such townships immediately before the specified date in respect of such local area shall be deemed to have been made or authenticated under this Act;
(f) all debts and obligations incurred and all contracts made by or on behalf of the township committee before the specified date and subsisting on the specified date shall be deemed to have been incurred and made by the municipality, or as the case may be, the town panchayat, in exercise of the powers conferred on it by this Act.;
(g) all officers and servants in the employment of the township committee immediately before the specified date shall be officers and servants of the municipality, or as the case may be, the town panchayat, under this Act, and shall until other provision is made in accordance with the provisions of this Act, receive salaries and allowances and subject to the conditions of service to which they were entitled or subject immediately before such date:
Provided that it shall be competent to the municipality or town panchayat subject to the previous sanction of the State Government to discontinue the services of any officer or servant who, in its opinion, is not necessary or suitable to the requirements of the municipality or town panchayat service after giving such officer or servant such notice as is required to be given by the terms of his employment and every officer or servant whose services are discontinued, shall be entitled to such leave, pension, provident fund and gratuity as he would have been entitled to take or receive on being invalidated out of service as if the township committee in the employment of which he was, had not ceased to exist;
(h) all proceedings pending immediately before the specified date before the township committee shall be deemed to be transferred to and be continued before the municipality or town panchayat.
(i) all appeals pending immediately before the specified date before the township committee shall, so far as may be practicable, be disposed of as if such local area had been included in the municipality or town panchayat when they were filed;
(j) all prosecutions instituted by or on behalf of the township committee and all suits or other legal proceedings instituted by or against such township committee or any officer of such township committee pending immediately before the specified date shall be continued by or against the municipality or town panchayat as if such local area had been included in the municipal area or panchayat town when such prosecutions, suits or proceedings were instituted.

374. Powers, authority and responsibilities of the municipalities -
Save as otherwise provided in this Act, the State Government may, by notification and subject to such conditions and restrictions as may be specified therein, entrust to the municipality, town panchayat, the wards committee or any other committee constituted under this Act with such powers and responsibilities with respect to the preparation of plans for economic development and social justice and also with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matter listed in Schedule X.

375. Transitory provision "
(1) Notwithstanding anything contained in this Act, or in any other law for the time being in force the State Government may, by notification, if necessary, appoint special officers to exercise the powers and discharge the functions of the municipalities or the town panchayats, as the case may be, until the day on which the first meetings of the municipal councils, are held after ordinary elections to the municipalities and the town panchayats after the date of commencement of the Tamil Nadu District Municipalities (Amendment) Act, 1994.
(2) The Special Officers appointed under sub-section (1) shall hold office only for six months from the date of commencement of the Tamil Nadu District Municipalities (Amendment) Act, 1994 and no longer.

376. Special provision in respect of town panchayats and validation -
Notwithstanding the repeal of the Tamil Nadu Panchayats Act, 1958 (Tamil Nadu XXXV of 1958) (hereafter in this Section referred to as the 1958 Act), by the Tamil Nadu Panchayats Act, 1994, (Tamil Nadu Act 21 of 1994), on and from the 22nd day of April, 1994, the provisions of the 1958 Act in so far as they relate to town panchayats, shall be deemed never to have been repealed and to have been continued to be in force upto and inclusive of the date of the commencement of the Tamil Nadu District Municipalities (Amendment)Act, 1994, and the Special Officers appointed in respect of town panchayats under section 3 of the Tamil Nadu Panchayats and Panchayat Union Councils (Appointment of Special Officers) Act, 1991 (Tamil Nadu Act 15 of 1991), shall be deemed to have exercised the powers and performed the functions conferred under the said section 3, for the period commencing on the 22nd day of April, 1994 and ending with the date of the commencement of the Tamil Nadu District Municipalities (amendment)Act, 1994, as if, in respect of town panchayats, the 1958 Act and this section had been in force at all material times, when such powers were exercised and functions were performed.
Tamil Nadu State Acts


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