The Tamil Nadu Public Buildings (Licensing) Act, 1965

(1) This Act may be called the Tamil Nadu Public Buildings (Licensing) Act, 1965. (2) It extends to the whole of the State of Tamil Nadu. (3) It shall come into force on such date as the Government may, by notification, appoint.

Unless the context otherwise requires,— (1) "building" includes— (i) any house, out-house, stable, latrine, shed, hut, roofed enclosure and other structure; any compound wall or gate appurtenant to such building, house, out-house, stable, latrine, shed, hut, roofed enclosure and other structure; (ii) a portion of such building, house, out-house, stable, latrine, shed, hut, roofed enclosure and other structure; and (iii) any fittings affixed to such building, house, whatsoever, the floor area of which is not less than one hundred square metres; (2) "competent authority" means any person or authority authorized by the Government, by notification, to perform the functions of the competent authority under this Act for such area or in relation to such class of public buildings as may be specified in the notification; (3) "engineer" means any person possessing such engineering qualifications as may be prescribed; (4) "existing public building" means any building used as a public building on the date of the commencement of this Act; (5) "Government" means the State Government; (6) "licence" means a licence granted or deemed to have been granted or a licence renewed or deemed to have been renewed under this Act; (7) "owner" includes— (i) a lessee, (ii) a licensee, (iii) a mortgagee in possession, and (iv) any person or authority to whom or to which the possession of, and control over the affairs of, the building has been entrusted, whether such person or authority is called a managing trustee, an agent, a correspondent, manager, superintendent, secretary or by any other name whatsoever;

(1) Save as otherwise provided in this Act, on and after the date of the commencement of this Act, no building, not being an existing public building, shall be used as a public building without a licence and except in accordance with the terms and conditions specified therein. (2) Save as otherwise provided in this Act, on and after the date of the expiry of a period of one year from the date of the commencement of this Act, no existing public building shall be used as a public building without a licence and except in accordance with the terms and conditions specified therein.

(1) Any owner, who intends to use any building (not being an existing public building) as a public building, shall make an application in writing to the competent authority for a licence therefor. (2) Any owner, who intends to continue to use an existing public building as a public building, shall before the date of the expiry of a period of six months from the date of the commencement of this Act, make an application in writing to the competent authority for a licence therefor. (3) Every application under sub-section (1) or sub-section (2) shall be in the prescribed form and shall contain the following particulars, namely:— (i) the name and address of the owner of the building or the existing public building, as the case may be; (ii) the situation and description of the building or the existing public building, as the case may be; (iii) the purpose for which the building or the existing public building, as the case may be, is proposed to be used or is being used; and (iv) such other particulars as may be prescribed. (4) An application under sub-section (1) or sub-section (2) may be accompanied by a certificate of structural soundness in the prescribed form obtained from an engineer.

The competent authority may obtain the opinion of such engineer as the Government may specify regarding the structural soundness of the building and may gain access to such building.

(1) On receipt of the certificate of structural soundness or on an application under sub-section (1) or sub-section (2) of section 4, or on the basis of the opinion of the engineer under sub-section (1) of section 5, or on the inspection made under sub-section (1) of section 5, if the competent authority is satisfied— it shall, by written order, grant the licence and if the competent authority is not so satisfied, it shall, by written order, refuse to grant the licence. (2) (a) [Reserved/Inferred from text block flow] (b) In the case of an existing public building, the competent authority shall pass the order under sub-section (1) and shall communicate in the manner prescribed such order to the applicant within a period of six months from the date of the receipt of the application under sub-section (2) of section 4. (3) The licence shall be in the prescribed form, shall be subject to such conditions as may be specified therein and shall also specify the building or the existing public building, as the case may be, the purpose for which it is to be used and the number of persons which the building or the existing public building can accommodate without danger to their safety. (4) A licence granted under sub-section (1) shall be valid for a period of three years or for such shorter period as the competent authority may specify in the licence and the period aforesaid shall commence— (i) in case the licence relates to a building, not being an existing public building, on the date of the communication of the order granting the licence, and, (ii) in case the licence relates to an existing public building, on the date of the expiry of a period of one year from the date of the commencement of this Act. (5) Where the competent authority refuses to grant a licence under sub-section (1), it shall give reasons for such refusal.

(1) If in the case of a building, not being an existing public building, no order either granting or refusing a licence is communicated to the applicant within a period of three months from the date of the receipt of the application under sub-section (1) of section 4, licence shall— (A) in case such application is accompanied by a certificate of structural soundness mentioned in sub-section (4) of section 4, be deemed to have been granted subject to the terms and conditions ordinarily imposed under this Act or the rules made thereunder; (B) in any other case— (a) for the period mentioned in the application, or (b) in case such application is not accompanied by a certificate of structural soundness, be deemed to have been refused. (2) If in the case of an existing public building, no order either granting or refusing a licence is communicated to the applicant within a period of six months from the date of the receipt of the application under sub-section (2) of section 4, a licence shall— (i) in case such application is accompanied by a certificate of structural soundness mentioned in sub-section (4) of section 4, be deemed to have been granted subject to the terms and conditions ordinarily imposed under this Act or the rules made thereunder— (A) for a period of three years commencing on the date of the expiry of a period of one year from the date of the commencement of this Act, in any case where the period mentioned in the application and the period mentioned in such certificate of structural soundness is three years, and (B) in any other case— (a) for the period mentioned in the application, or (b) for the period mentioned in such certificate of structural soundness, whichever period is less, and such less period shall in no case exceed three years and shall commence on the date of the expiry of a period of one year from the date of the commencement of this Act, and (ii) in case such application is not accompanied by such a certificate of structural soundness, be deemed to have been refused.

(1) A licence shall be renewed from time to time and an application for the renewal of a licence shall be made not less than three months before the date of the expiry of the period of such licence. (2) The provisions of this Act shall, as far as may be, apply for the renewal of a licence as they apply for the grant of a licence on an application under sub-section (1) of section 4.

(1) If any addition or alteration is made to any public building before the date of the expiry of the period of the licence in respect of that public building, or if such addition or alteration is made in respect of any part of a building connected with that public building, the licence granted in respect of that public building shall cease to be valid and the owner thereof shall not continue to use the building as a public building unless a fresh application has been made and a fresh licence has been granted under this Act: Provided that works of necessary repair which do not affect the position or dimensions of the building or any room therein shall not be deemed an alteration or addition for the purposes of this sub-section: Provided further that the competent authority may, in its discretion, allow the continuance of the use of the public building as a public building for such period not exceeding three months as it deems fit pending the decision on the application. (2) The provisions of this Act shall, as far as may be, apply to the fresh application under sub-section (1) as they apply to an application under sub-section (1) of section 4.

(1) The competent authority may cancel or suspend any licence if it appears to it after giving the holder an opportunity of being heard— (i) that such licence has been obtained by misrepresentation or fraud; or (ii) that the licencee has contravened or failed to comply with any of the provisions of this Act or the rules made thereunder or any of the terms or conditions of the licence; or (iii) that the licencee has contravened or failed to comply with an order passed under this Act or the rules made thereunder; or (iv) that the public building can no longer be safely used for the purpose for which the licence was granted. (2) The competent authority may, of its own motion, review any order passed under sub-section (1)— (i) on the basis of a mistake or error apparent on the face of the record; or (ii) on the basis of new and important facts brought to its notice after the order was made; or (iii) for any other sufficient reason: Provided that the competent authority shall not pass any order under this sub-section prejudicial to any party unless he has had a reasonable opportunity of making his representations.

(1) Any person aggrieved by an order of the competent authority refusing to grant or to renew a licence or cancelling or suspending a licence, or in the case referred to in clause (ii) of sub-section (1) or of sub-section (2) of section 7, the applicant concerned, may, within such time as may be prescribed, appeal to such authority as the Government may specify in this behalf: Provided that such authority may, in its discretion, allow further time not exceeding one month for the filing of any such appeal, if it is satisfied that the appellant had sufficient cause for not filing the appeal in time. (2) On receipt of an appeal under sub-section (1), the appellate authority shall, after giving the appellant an opportunity of being heard, dispose of the appeal as expeditiously as possible. (3) The appellate authority may stay the operation of the order of the competent authority cancelling or suspending a licence, pending the exercise of its powers under this section.

[Content not clearly provided in source PDF pages; typically grants power for temporary permits/exemptions for seasonal use.]

The Board of Revenue may, either of its own motion or on application, call for and examine the record of any officer or authority in respect of any proceeding or the correctness, legality or propriety of any decision or order passed therein and if it appears to the Board of Revenue that any such decision or order should be modified, annulled, reversed or remitted for reconsideration, it may pass orders accordingly: Provided that the Board of Revenue shall not pass any order under this sub-section prejudicial to any party unless he has had a reasonable opportunity of making his representations. Every application to the Board of Revenue for the exercise of its powers under this section shall be made within three months from the date on which the order or decision to which the application relates was communicated to the applicant.

[Content not clearly provided in source PDF; standard power of entry clause]

(1) If the appellate authority mentioned in section 11 in any case pending before it, or if the competent authority, in any other case, is satisfied upon inspection of a building or a public building or otherwise— (i) that the said building is in a ruinous state; (ii) that there is reason to apprehend danger to life or property; or (iii) that there is no licence, such authority shall, without prejudice to any other action taken under this Act, by written order, prohibit forthwith the use of the public building as a public building. (2) If the owner fails to comply with the order passed under sub-section (1), it shall be lawful for the authority mentioned in that sub-section to take such steps and use such force as may be necessary to prohibit the further use of such building as a public building. (3) Any person aggrieved by an order of the competent authority under this section may, within such time as may be prescribed, appeal to the appellate authority mentioned in section 11 and the provisions of that section shall apply to such appeal as they apply to an appeal against an order cancelling a licence. (4) Any order passed by the appellate authority under this section shall be subject to revision by the Board of Revenue under section 13.

(1) If any person contravenes or attempts to contravene or abets the contravention of the provisions of section 3, or of section 9, or an order passed under section 15, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to Rs. 5,000, or with both, and in the case of a continuing contravention, with an additional fine which may extend to Rs. 500 for every day during which such contravention continues after conviction for the first such contravention.

[Standard clause regarding liability of persons in charge of companies]

[Standard clause regarding initiation of legal proceedings]

No court inferior to that of a Presidency Magistrate or a Magistrate of the first-class shall try any offence punishable under this Act.

If the Government are of opinion that it would not be in the public interest to apply all or any of the provisions of this Act to any class of public buildings, they may, by notification, exempt such class of public buildings from all or any of the provisions of this Act or any rules made thereunder subject to such conditions and restrictions as the Government may impose.

Every authority and every officer duly authorised to discharge any duties imposed on it or him by or under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Central Act XLV of 1860).

No Civil Court shall have jurisdiction to decide or deal with any question which is by or under this Act required to be decided or dealt with by the authority or officer mentioned in this Act.

(1) Any order passed or decision made by any authority or officer in respect of matters to be determined for the purposes of this Act, shall, subject to appeal or revision, if any, provided, be final. (2) No such order or decision shall be liable to be questioned in any court of law.

(1) No suit, or other proceeding shall lie against the Government for any act done or purporting to be done under this Act or any rule made thereunder. (2) (a) No suit, prosecution, or other proceeding shall lie against any authority or officer or servant of the Government for any act done or purporting to be done under this Act or any rule made thereunder without the previous sanction of the Government.

(1) The Government may make rules to carry out the purposes of this Act. (4) Every rule made or order notified shall, as soon as possible, after it is made, be placed on the table of both Houses of the Legislature...

[Clause enabling Government orders to rectify implementation hurdles]

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

(1) [Content not fully transcribed from page 18; refers to structural soundness reporting duties].