Chapter XVII PROCEDURD AND MISC ELLANBOUS

1. (1) Every licence or permission granted under this Act or any rule or by-law made under it shall specify the period, if any, for which and the restrictions, limitations and conditions subject to which the same is granted and shall be signed by the commissioner. (2)
   • (a) Save as otherwise expressly provided in, or may be prescribed under this Act for every such licence or permission a fee shall be paid in advance on such units and at such rates as may be fixed by the council: Provided that not more than one fee shall be levied in respect of construction of building and installation of machinery or of any purpose specified in more heads than one of Schedule IV if such heads form part of a continuous process of manufacture and the fee so charged shall not exceed the highest fee chargeable in respect of any one of the said purposes.
   • (b) The council may compound for any period not exceeding three years at a time with the owner of any mill or factory for a certain sum to be paid in lieu of the fees payable in respect of such mill or factory.
   • (c) Every order of the commissioner or other municipal authority granting or refusing a licence or permission shall be published on the notice board of the corporation.
2. (3) Every order of the commissioner or other municipal authority refusing, suspending, cancelling or modifying a licence or permission shall be in writing and shall state the grounds on which it proceeds.
3. (4) Subject to the special provisions in Chapters X, XI and XIII regarding buildings, hutting grounds and private markets and subject to such sanction as may be required for the refusal of a licence or permission, 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 commissioner 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.
4. (5) It shall be the duty of the commissioner to inspect places in respect of which a licence or permission is required by or under this Act and he may enter between sunrise and sunset, and also between sunset and 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 a licence or permission, where the same is required by or under this Act, or otherwise than in conformity with the same, he may at any time by day or night without notice enter into such place for the purpose of satisfying himself whether a provision of law, rules, by-laws, regulations, any 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 by the commissioner or any person to whom he has lawfully delegated his powers or by the use of any force necessary for effecting an entrance under this sub-section.
5. (6) When any licence or permission is suspended, 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 it be deemed to be without a licence or permission until the order suspending or revoking the licence or permission is cancelled or subject to sub-section (11) until the licence or permission is renewed, as the case may be.
6. (7) 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 commissioner.
7. (8) 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 by 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 corporation the amount of the fee chargeable for the licence or permission or for registration and may in his discretion also recover summarily and pay to the council such amount, if any, as he may fix as the costs of the prosecution.
8. (9) Such recovery of the fee under sub-section (8) shall not by itself entitle the person convicted to a licence or permission or to registration as aforesaid.
9. (10) 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 forty-five and not more than ninety days before the commencement of the year or of such less period as is mentioned in the application and shall be accompanied by the fee referred to in clause (a) or the sum referred to in clause (b) of sub-section (2). (11)
   • (a) The acceptance by the corporation of the prepayment of the fee referred to in clause (a) or the sum referred to in clause (b) of sub-section (2) for a licence or permission or for registration shall not entitle the person making such prepayment to the licence or permission or to registration, as the case may be, but only to refund of such amount after deducting therefrom the amount specified in clause (b) towards the expenses incurred by the corporation in the scrutiny of the application and other documents connected therewith for licence, registration or permissions, 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 specially provided in this Act if orders on an application for a licence or permission or for registration are not received by the applicant within sixty days after the receipt of the application by the commissioner, permission 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.
   • (b) The amount to be deducted under clause (a) shall be at the rates not exceeding the following:- Fees for licences, permissions or registrations [TAB] Amount to be deducted for scrutiny charges, in respect of application for licences, registrations or permissions
10. (1) More than Rs. 10 but not more than Rs. 50. [TAB] 2
11. (2) More than Rs. 50 but not more than Rs. 150. [TAB] 8
12. (3) More than Rs. 150 but not more than Rs. 250. [TAB] 12
13. (4) More than Rs. 250 but not more than Rs. 350. [TAB] 16
14. (5) More than Rs. 350 but not more than Rs. 450. [TAB] 20
15. (6) More than Rs. 450 but not more than Rs. 600. [TAB] 24
16. (7) More than Rs. 600 but not more than Rs. 800. [TAB] 30
17. (8) More than Rs. 800 but not more than Rs. 1,000 and above. [TAB] 50

1. (1) An appeal shall lie to the standing committee or if no such committee has been constituted to the council-
   • (a) any notice issued or other action taken or proposed to be taken by the commissioner-
     • (i) under sections 161, 210, 218, 219, 220, 222, 223 (2), 282, 296 (3), 327(1), 328(1), 333(1), 334, 338, 343, 353, 354 or 362;
     • (ii) under any by-law concerning house drainage or the connexion of house-drains with municipal drains, or house connexions with municipal water-supply or lighting;
   • (b) any refusal by the commissioner to approve a building site under section 275 to grant permission to construct or reconstruct building under section 276 or 290;
   • (c) any refusal by the commissioner to grant a permission under sections 158, 213 or 331;
   • (d) any refusal by the commissioner to grant a licence under sections 352, 360, 372, 377 or 382(2);
   • (e) any order of the commissioner made under sub-section (4) of section 452 suspending or revoking a licence;
   • (f) any other order of the commissioner that may be made appealable by rules under section 431.
2. (2) Every such appeal shall be disposed of by the standing committee or, as the case may be, by the council within one month from the date of its receipt in the municipal office, and if not disposed of within that time, shall be transmitted by the commissioner to such officer for disposal as may be specified by the Government, by order.
3. (3) The decision of the standing committee or the council or the officer specified under sub-section (2), as the case may be, or any such appeal shall subject to the provisions of sub-sections (4) and (5) be final.
4. (4) If on any such appeal, the standing committee reverses or substantially modifies any action taken or proposed to be taken by the commissioner or any order passed by him, then, the commissioner may within one month from the date of such decision refer the matter to the council and pending the decision of the council on such reference, the commissioner shall not be bound to give effect to the decision of the standing committee; and council shall be competent to reverse or modify the decision of the standing committee; and the decision of the council on any such reference shall, subject to the provisions of sub-section (5), be final.
5. (5) The Government may, at any time, call for and examine the records relating to any such appeal, and pass such orders as they deem fit.

1. (1) In any case in which no time is laid down in the foregoing provisions of this Act, for the presentation of an appeal allowed thereunder, such appeal shall 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 corporation, and
   • (b) in other cases within thirty days after the date of the receipt of the order or proceeding against which the appeal is made.
2. (2) The provisions of section 5 of the Limitation Act, 1963 (Central Act 36 of 1963) shall, so far as may be, apply to any such appeal.

All persons authorised by rule to conduct inquiries relating to elections and all inspecting or superintending officers holding any inquiry into matters falling within the scope of their duties, shall have for the purposes of such inquiries the same powers in regard to the issue of summons for the attendance of witnesses and the production of documents as are conferred upon revenue officers by the Tamil Nadu Revenue Summonses Act, 1869 (Tamil Nadu Act III of 1869) and the provisions of sections 2, 3, 4 and 5 of that Act, and the rules made under that Act shall apply to summons issued and to persons summoned by virtue of the powers conferred by this section; and all persons to whom summons are issued by virtue of the said powers shall be bound to obey such summons.

Sua,mns to a+tend 2nd give evidence or produce do~~mntg.

Proof of consent of municipal authorities or municipal oficer.,

Signature on documents [Section text not available in the official gazette publication.]

Publication of notifications.

Publication of order, notice or other document.

Publication in newspapers.

Notice of prohibition or setting apart of places.

Method of serving documents;

~ecover~ by occupier of ram leviable frcm owner.

Obstruction of owner by occupier.

Exi?cutlon of work by occtrpier in default of owner.

Power of entry to inspxt, suivey or execute the work.

Power of entry.on lands cdjacent to workj.

Inspzction and stamping of weights and mea:;ures.

Consequences of failure to obtain licences, etc., sr of brzaoh of the same.

Time for com?lyin : with order and power to enforce in default..

Recovery of expenses from persons liable and limitation on liability of occupier Recovery of expenses from persons liable and limitation on liability of occupier.

Power of commissioner to agree to receive payment of expenses in instalments

Power to declare expenses on certain work to be improvement expenses

Improvement expenses by whom payable.—(1) The improvement expenses shall be paid by the owner of the premises in respect of which the expenses are incurred or, if the premises are held by an occupier, then by the occupier or by the owner, or partly by the owner and partly by the occupier, as the commissioner may decide, and the amount so fixed shall be a charge on the building.

Redemption of charge for improvement expenses.—The charge created by section 475 may be redeemed at any time by the owner or occupier of the premises on which it is charged, by payment to the commissioner of the amount of the improvement expenses or such part thereof as may be due and unpaid.

Relief to agents and trustees.—No agent or trustee who is liable to pay any improvement expenses or other sum under this Act shall be liable to pay the same or to be subjected to any penalty for non-payment thereof, if it is proved to the satisfaction of the commissioner that he has not, and since the date of the service on him of a notice of demand has not had, in his hands sufficient money belonging to his principal or the trust property to satisfy the same.

Application of term 'public servant' to municipal officers, agents and sub-agents.—The term 'public servant' shall be deemed to apply to all municipal officers, agents and sub-agents while acting in the discharge of their duties under this Act.

Prohibition against obstruction of municipal authorities, servants and contractors.

Prohibition against removal of mark.

Prohibition against removal or obliteration of notice.

Prohibition against unauthorised dealings with public place or materials.

Injunctions not to be granted in election or assessment proceedings.

Officers and staff of Madurai municipality deemed to be employees of the corporation.

Control over municipal electrical undertakings.

Passing of property and rights to corporation as constituted.

Repeal of Tamil Nadu Ordinance 5 of 1971.