The Tamil Nadu Urban Local Bodies (Second Amendment) Act, 2024

(1) This Act may be called the Tamil Nadu Urban Local Bodies (Second Amendment) Act, 2024. (2) (a) Sub-section (1) of section 36 shall be deemed to have come into force on the 13th day of April 2023. (b) All other sections shall come into force on such date as the State Government may, by notification, appoint.

In this Act, unless the context otherwise requires,- (1) " appoint " includes to appoint temporarily or in an officiating capacity and " appointment " shall be construed accordingly ; (2) " building " includes- (a) a house, out-house, stable, latrine, godown, shed, hut, wall and any other structure whether of masonry, bricks, mud, wood, metal or any other materials whatsoever ; (b) a structure on wheels or simply resting on the ground without foundations ; and (c) a ship, vessel, boat, tent, van and any other structure used for human habitation or used for keeping or storing any article or goods ; (3) " 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 and beyond which no portion of the building may extend except as prescribed in the building rules ; (4) " carriage " means any wheeled vehicle with springs or other appliances acting as spring and includes any kind of bicycle, tricycle and cycle-rickshaw but does not include any motor vehicle within the meaning of the Motor Vehicles Act, 1988 ; (5) " casual vacancy " means a vacancy occurring otherwise than by efflux of time and " mid-term election " means an election held on the occurrence of a casual vacancy ; (6) " Chairperson " and " Deputy Chairperson " means,- (a) in relation to a municipal corporation, the Mayor and the Deputy Mayor, respectively : (b) in relation to a municipality, the Chairperson and Vice-Chairperson, respectively ; and (c) in relation to a town panchayat, the Chairperson and Vice-Chairperson, respectively ; (7) " Commissioner " means- (a) in relation to a municipal corporation and municipality, the Commissioner of the municipal corporation or municipality, as the case may be ; and (8) " committee " means the Standing Committee, wards Committee or any other committee constituted under this Act ; (9) " company " means- (a) a company defined in the Companies Act, 1956, including any Central foreign company within the meaning of section 591 of the said Act ; (b) any body corporate ; or (c) any firm or association, whether incorporated or not, carrying on business in the State of Tamil Nadu whether or not its principal place of business is situated in the said State ; (10) " council " means the council of the municipal corporation, municipality or town panchayat, as the case may be; (11) " councillor " means the councillor elected to a municipal corporation, municipality or town panchayat, as the case may be ; (12) " date of the commencement of this Act " means the date appointed under sub-section (3) of section 1 ; (13) " Director " means,- (a) in relation to a municipal corporation, the Director appointed by the Government for the corporations and if there is no Director for any Corporation, the Government ; (b) in relation to a municipality, the Director of Municipal Administration, appointed by the Government : and (c) in relation to a town panchayat, the Director of Town Panchayats appointed by the Government ; (14) " Finance Commission " means the Finance Commission referred to in section 72 . (15) " food " includes,- (a) every article (other than drugs and water) used as food or drink for human consumption ; (b) all materials used or admixed in the composition or preparation of such articles ; and (c) flavouring or colouring matter, confectionery, spices and condiments; (16) " Government " means the State Government; (17) " infectious disease " shall have the same meaning as in section 52 of the Tamil Nadu Public Health Act, 1939 ; (18) " latrine " means a place set apart for defecating or urinating or both; (19) " municipality " with its grammatical variation means the municipal corporation or the municipality or the town panchayat constituted or deemed to have been constituted under this Act ; (20) " municipal area " means the territorial area of the municipality as notified by the Governor under clause (d) of Article 243-P of the Constitution ; (21) " municipal office " means the principal office of the municipality ; (22) " nuisance " includes any 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 disturbance to rest or sleep or which is or may be dangerous to life or injurious to the health or property of the public or the people in general who dwell or occupy property in the vicinity, on persons who may have occasion to use public place as a right ; (23) " occupier " includes,- (a) 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 or damaged on account of the occupation of such land, building or part; and (b) a rent-free occupant ; (24) " open space " means any land whether enclosed or not belonging to the Government or any local authority, on which there are no buildings or of which not more than one-twentieth part is covered with buildings and the whole or the remainder of which is used for purpose of recreation, air or light ; (25) " ordinary vacancy " means a vacancy occurring by efflux of time and " General election " means an election held on the occurrence of an ordinary vacancy ; (26) " 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 connection with which the word is used; and (b) the person for the time being in charge of the animal or vehicle, in connection with which the word is used ; (27) " park " means a piece of land on which there are no buildings or of which not more than one-twentieth part is covered with buildings and the whole or the remainder of which is laid out as a garden with trees, or flower-beds or as a lawn or as a meadow and maintained as a place for the resort of the public for recreation, air or light ; (28) " play-field " means a place of land adapted for the purpose of play, game or sport and used by schools or colleges or clubs; (29) " private street " 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 ; (30) " public street " means any street, road, square, court, alley, passage or riding-path over which the public have a right of way, whether a thoroughfare or not, and includes- (a) the roadway over any public bridge or causeway; (b) the footway attached to any such street, public bridge or causeway; (c) the drains attached to any such street, public bridge or causeway and the 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 the Central or any State Government or public undertaking; (31) " public water-course, spring, well and tank " include those used by the public to such an extent as to give a prescriptive right to such use ; (32) " reconstruction " of a building includes- (a) the re-erection wholly or partially of any 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 any external wall has been taken down or burnt down or has fallen down to or within three metres of, the ground adjoining the lowest storey 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 storey; (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 a 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 or a place of public worship or a factory, as the case may be ; (33) " Regional Director " means,- (a) in relation to municipality, the Regional Director of Municipal Administration having jurisdiction over the municipality and appointed by the Government ; and (b) in relation to town panchayat, the Assistant Director or Zonal Director of Town Panchayat having jurisdiction over the town panchayat and appointed by the Government ; (34) " residence "--" reside "-a person is deemed to have his " residence " or to " reside " in any house or hut 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 or hut merely because he is absent from it or has elsewhere another dwelling in which he resides, if he is at liberty to return to such house or hut at any time and has not abandoned his intention of returning ; (35) " rubbish " means dust, ashes, broken bricks, mortar, broken glass and refuse of any kind which is not " solid waste " ; (36) " 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 travelling expenses ; (37) " sanitary-worker " means a person employed in collecting or removing rubbish or solid waste or in cleansing drains, latrines, or slaughter-houses or in driving carts used for the removal of rubbish or solid waste ; (38) " Scheduled Caste " shall have the same meaning as defined in the Constitution ; (39) " Scheduled Tribe " shall have the same meaning as defined in the Constitution ; (40) " solid waste " means- (a) nightsoil and other contents of latrines, cesspools and drains ; (b) dung and refuse or useless or offensive material thrown out in consequence of any process of manufacture, industry or trade ; (c) putrid and putrefying substances ; (e) the solid waste discharged from the hospitals, and all such other solid waste which are detrimental to public health ; (41) " Standing Committee " means the Standing Committee referred to in section 36 ; (42) " street-alignment " means a line dividing the land comprised in and forming part of a street from the adjoining land ; (43) " Tamil Nadu State Election Commissioner " means the Tamil Nadu State Election Commissioner referred to in section 5 ; (44) " Tamil Nadu State Election Commission " means the Tamil Nadu State Election Commission referred to in section 5 ; (45) " urban local body " or " local authority " means the municipal corporation or municipality or town panchayat, as the case may be : (46) " ward " means the ward of a municipal corporation or municipality or town panchayat as may be notified under 8 ; (47) " ward office " means an office established in relation to a wards committee ; (48) " Ward Officer " means the officer appointed by the Government for the ward office of the municipal corporation or municipality ; (49) " wards committee " means the wards committee referred to in section ; (50) " water-course " includes any river, stream or channel whether natural or artificial ; (51) " year " means the financial year.

(1) The Governor may, by notification, having regard to the population of the area, the density of the population therein the percentage of employment in non-agricultural activities, the revenue generated for local administration, the economic importance or such other factors as he deems fit, constitute any local area as,- (a) a " town panchayat " where the population is estimated at not less than twenty thousand and the annual income of such area is not less than thirty lakhs of rupees ; (b) a " municipality " where the population is estimated at not less than thirty thousand and the annual income of such area is not less than fifty lakhs of rupees ; Explanation. I-For the purpose of this section and sections 7, 37, 38 and 39, " population " means the population as ascertained at the last preceding census of which the relevant figures have been published by the Central or the State Government. Explanation II.-For the purpose of this section " annual income " means the average income of a panchayat constituted under the Tamil Nadu Panchayats Act, 1994 or of a municipality for the last three consecutive years. (2) (a) The Governor may, by notification, declare his intention- (i) to include within the municipality any local area contiguous thereto and defined in such notification ; or (ii) to exclude from the municipality any local area comprised therein and defined in such notification: Provided that no cantonment shall be included within the municipality. (b) On the publication of the notification under sub-section (1), any person residing within the local area concerned in relation to which any such notification has been published or any municipal council affected by any such notification may submit objections, in writing, to any officer authorised in this behalf within forty-five days from the date of publication of such notification. (c) The Governor may, after considering the objections and recommendations received under clause (c) declare, by notification, the inclusion within, or exclusion from, the municipality, any local area. (e) On publication of the notification under clause (d), this Act shall come into force in, or cease to apply to, any such local area or any portion thereof, as the case may be, on such date as may be specified in the notification under clause (d). (f) The inclusion of any village panchayat in any municipality shall not affect the previous operation of the Tamil Nadu Panchayats Act, 1994, in respect of that area and any penalty, forfeiture or punishment incurred, in respect of any offence committed against the said Act, or any investigation, legal proceedings or remedy in respect of the said penalty, forfeiture or punishment and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed. (g) Any person aggrieved against the notification published by the Governor under clause (d) may prefer an appeal to the High Court within thirty days from the date of publication of such notification. (h) If any local area in which the Tamil Nadu Panchayats Act, 1994 is in force, is constituted as or included in a municipality, the Government may pass such orders as they may deem fit as to the transfer to the municipality or disposal otherwise of the assets, or institutions of any panchayat in the local area and as to the discharge of the liabilities if any, of such panchayat relating to such assets or institutions, and as to the transfer or retention of the officers and servants working in the local area as the case may be. (3) Every municipality constituted or deemed to have been constituted under this Act shall be a body corporate and 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, or entering into contracts and of doing all things necessary, proper or expedient for the purposes for which it is constituted. (4) The Government may, by notification, classify municipalities into various grades for the purpose of effective administration of the said municipalities in accordance with such norms as may be prescribed.

3-A.Transitional provisions on the constitution or extension of the area of the municipality.— (1) When the municipality is constituted or extended, all property, all rights of whatever kind, used, enjoyed or possessed by, and all interests of whatever kind owned by, or vested in, or held in trust by or for the municipality or the panchayat constituted under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994), of which local area is included as well as all liabilities legally subsisting against such municipality or panchayat, as the case may be, on and from the date of the notification, by which such constitution or extension of the municipality is declared, shall, subject to such directions as the Government may, by general or special order, give in this behalf, vest with the municipality constituted or to which such areas have been included. (2) All arrears of taxes or other payments by way of composition for a tax, or due for expenses or compensation or otherwise, except such arrears or payments in respect of water supply and sewerage services, in respect of the Chennai Metropolitan Area, due to such municipality or panchayat, as the case may be, on the date of such notification, shall be recovered as if they had accrued to the municipality constituted or to which such areas have been included and shall be recovered as if such arrears or payments had become due under the provisions of this Act. (3) All taxes, fees and duties, which immediately before the date of such notification, were being levied by such municipality or panchayat, as the case may be, shall be deemed to have been levied by the municipality constituted or to which such local areas have been included, under the provisions of this Act and shall continue to be in force accordingly until such taxes, fees and duties are revised, cancelled or superseded by, anything done or any action taken under this Act. (4) All proceedings taken by, or against, such panchayat or authority or any person under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994), shall be continued by, or against, the municipality or authority or person as if such proceedings had been commenced under the provisions of this Act. (5) Any action taken under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) by any authority before the date of such notification, shall be deemed to have been taken by the authority competent to take such action under this Act, as if this Act had then been in force. (6) Notwithstanding anything contained in this Act, every officer or employee who, immediately before the date of such notification, was in the service of such municipality or panchayat, as the case may be, shall, on and from the date of such notification, be deemed to be an officer or employee of the municipality constituted or to which such local areas have been included: Provided that— (a) the terms and conditions applicable to such officer or employee consequent on his absorption in the service of the municipality constituted or to which such local areas have been included shall not be less favourable than those applicable to such officer or employee immediately before the date of such notification, as regards pay and allowances, leave, pension, gratuity, provident fund and age of superannuation; and (b) the service rendered by such officer or employee under such panchayat, upto the date of such notification, shall be deemed to be the service under the municipality constituted or to which such local areas have been included and he shall be entitled to count that service for the purpose of increments, leave, pension, provident fund and gratuity: Provided further that such officer or employee serving in such panchayat, shall be given an option to be exercised within such time and in such manner as may be prescribed either to be absorbed in the service of the municipality to which such local areas have been included or to be transferred to the service referred to in sections 104 and 105 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) or to be retrenched from the service of such panchayat, and on such retrenchment, he shall be eligible for such benefits as may be prescribed.

(1) The town panchayats and municipal councils constituted under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) shall be deemed to have been constituted and incorporated under this Act and are hereby declared to be the town panchayats and municipal councils, as the case may be, by their respective names and in their respective areas; (1-A) The following municipal corporations shall be deemed to have been constituted and incorporated under this Act and are hereby declared to be the municipal corporations by their respective names and in their respective areas, namely :– (i) the Municipal Corporation of Chennai constituted under the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919); (ii) the Municipal Corporation of Madurai constituted under the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971); (iii) the Municipal Corporation of Coimbatore constituted under the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981); (iv) the Municipal Corporation of Tiruchirapalli constituted under the Tiruchirapalli City Municipal Corporation Act, 1994 (Tamil Nadu Act 27 of 1994); (v) the Municipal Corporation of Tirunelveli constituted under the Tirunelveli City Municipal Corporation Act, 1994 (Tamil Nadu Act 28 of 1994); (vi) the Municipal Corporation of Salem constituted under the Salem City Municipal Corporation Act, 1994 (Tamil Nadu Act 29 of 1994); (vii) the Municipal Corporation of Tiruppur constituted under the Tiruppur City Municipal Corporation Act, 2008 (Tamil Nadu Act 7 of 2008); (viii) the Municipal Corporation of Erode constituted under the Erode City Municipal Corporation Act, 2008 (Tamil Nadu Act 8 of 2008); (ix) the Municipal Corporation of Vellore constituted under the Vellore City Municipal Corporation Act, 2008 (Tamil Nadu Act 26 of 2008); (x) the Municipal Corporation of Thoothukudi constituted under the Thoothukudi City Municipal Corporation Act, 2008 (Tamil Nadu Act 27 of 2008); (xi) the Municipal Corporation of Thanjavur constituted under the Thanjavur City Municipal Corporation Act, 2013 (Tamil Nadu Act 24 of 2013); (xii) the Municipal Corporation of Dindigul constituted under the Dindigul City Municipal Corporation Act, 2013 (Tamil Nadu Act 25 of 2013); (xiii) the Municipal Corporation of Hosur constituted under the Hosur City Municipal Corporation Act, 2019 (Tamil Nadu Act 10 of 2019); (xiv) the Municipal Corporation of Nagercoil constituted under the Nagercoil City Municipal Corporation Act, 2019 (Tamil Nadu Act 11 of 2019); (xv) the Municipal Corporation of Avadi constituted under the Avadi City Municipal Corporation Act, 2019 (Tamil Nadu Act 24 of 2019); (xvi) the Municipal Corporation of Cuddalore constituted under the Cuddalore City Municipal Corporation Act, 2022 (Tamil Nadu Act 1 of 2022); (xvii) the Municipal Corporation of Kancheepuram constituted under the Kancheepuram City Municipal Corporation Act, 2022 (Tamil Nadu Act 2 of 2022); (xviii) the Municipal Corporation of Sivakasi constituted under the Sivakasi City Municipal Corporation Act, 2022 (Tamil Nadu Act 3 of 2022); (xix) the Municipal Corporation of Karur constituted under the Karur City Municipal Corporation Act, 2022 (Tamil Nadu Act 4 of 2022); (xx) the Municipal Corporation of Tambaram constituted under the Tambaram City Municipal Corporation Act, 2022 (Tamil Nadu Act 5 of 2022) and (xxi) the Municipal Corporation of Kumbakonam constituted under the Kumbakonam City Municipal Corporation Act, 2022 (Tamil Nadu Act 6 of 2022).'.

The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the municipality, shall be vested in the Tamil Nadu State Election Commission consisting of a Tamil Nadu State Election Commissioner to be appointed by the Governor under Article 243-K of the Constitution.

(1) When in connection with the tendering of any opinion to the Governor, the Tamil Nadu 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 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 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, 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. (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.

(1) The total number of councillors of the municipality exclusive of its Chairperson shall be fixed by the Director in accordance with the norms prescribed and based on the population in relation to such municipality of the last preceding census of which the relevant figures have been published. (2) The total number of councillors of the municipality so fixed under sub-section (1) shall not be altered till next succeeding census figures are published either by the Central or the State Government.

(1) For the purpose of the election of the councillors, the commissioner of the municipality shall in consultation with the Council prepare a draft proposal for the delimitation of the wards of the municipality and publish the same in such manner as may be prescribed. (2) On such publication, any person or association of persons residing or situated within the local area of the municipality concerned may prefer his or its objections to such proposal within thirty days from the date of publication of the draft proposal. (3) On the expiry of the time limit referred to in sub-section (2), the Commissioner shall consider all the objections received, prepare a summary and place the same before the Council for consideration. (4) The Council shall within a period of thirty days from such placement consider at a meeting specially convened: the proposal along with the summary of objections and make its recommendation. (5) On the expiry of the time limit referred to in sub-section (4), the Commissioner shall forward the proposal to the Director, who shall consider the same and either confirm the proposal or where any modification is required he shall modify the proposal in accordance with the rules prescribed and direct the Commissioner for publishing the proposal as approved by him. (6) Any modification or revision to the delimitation of wards shall be made once in five years before the general election to the municipality.

(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 so far as it relates to such municipality and it shall be deemed to be the electoral roll of such municipality for the purposes of this Act and any amendment, by way of inclusion for the purposes of correction of any entry in the electoral roll of the Tamil Nadu Legislative Assembly made after the date of publication of the election notification by the Tamil Nadu State Election Commission and before the declaration of the result of such election, shall not form part of the electoral roll for such municipal election. (2) The Tamil Nadu State Election Commission may, in special circumstances, direct the Commissioner for preparation of a new municipal electoral roll for the purpose of conducting municipal election to all or one or more municipalities in accordance with the rules.

(1) Any general or mid-term election to the Council shall be conducted by the Returning Officer appointed by the Tamil Nadu State Election Commission in accordance with the rules. (2) Unless the Tamil Nadu State Election Commission otherwise directs, no casual vacancy of a councillor or Chairperson shall be filled in cases where the general election for the councillor or Chairperson under sub-section (1) is due within six months. (3) Notwithstanding anything contained in this Act but subject to the provisions of sub-section (2), the Tamil Nadu State Election Commission may for any valid reason direct the postponement or alteration of the date of general or mid-term election or may stop the proceedings of any election. (4) A councillor or Chairperson elected at a mid-term election shall enter upon office forthwith but shall hold office so long only as the councillor or Chairperson in whose place he is elected would have been entitled to hold office if the vacancy had not occurred.

Notwithstanding anything contained in this act or the rules made thereunder, the giving and recording of votes by voting machines may be adopted in such ward or wards of a Municipality as the Tamil Nadu State Election Commission may, having regard to the circumstances of each case, specify. Explanation.—For the purpose of this section, "voting machine" means any machine or apparatus whether operated electronically or otherwise used for giving or recording of votes and any reference to a ballot box or ballot paper in this Act or the rules made thereunder shall, save as otherwise provided, be construed as including a reference to such voting machine wherever such voting machine is used at any election.

Provided that a person who stands for election as Chairperson shall not be eligible to stand for election as a councillor: Provided further that a person who stands for election as a councillor shall not be eligible to stand for election as Chairperson: Provided also that no councillor shall be eligible to stand for election as Chairperson.

(1) No person shall be qualified for being elected as a councillor or Chairperson-(a) unless his name is included in the electoral roll in any one of the wards of the municipality; (b) unless he has completed twenty-one years of age on the date of notification of election notice; (c) if he is an officer or employee either whole time or part time of the Central or State Government or any local authority, or body corporate owned or controlled by the Central or State Government, remunerated by either salary or fees or honoraria. (2) A person standing for election as a councillor or Chairperson shall have no share or interest, in any contract or employment with, by or on behalf of the municipality. (3) A person standing for election as a councillor or Chairperson must have paid all amount due to the municipality. (4) A person who has been sentenced by a criminal court to imprisonment for life or to imprisonment for a period of more than six months for any offence other than an offence of a political character or an offence not involving moral delinquency (such sentence not having been reversed or the offence pardoned) shall be disqualified for being elected as a councillor or Chairperson while undergoing the sentence, and for a further period of five years from the date of the expiration of the sentence. (6) A person shall be disqualified for being elected as a councillor or Chairperson if such person is, on the date of filing the nomination,-(a) of unsound mind and is declared so by the competent court having jurisdiction; (b) an undischarged insolvent or an applicant to be adjudicated as an insolvent; (c) directly or indirectly, by himself or through his partner or through his family member interested in a subsisting contract made with or any work being done for the municipality except as a shareholder (other than a director) of a company. Explanation.-For the purpose of this clause, the expression "family" in relation to a person means the person, the wife or husband, as the case may be, of such person and the sons, daughters in law, unmarried daughters, brother, unmarried sisters, father and mother: Provided that a person shall not be deemed to have any interest in 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 municipality is inserted; (iv) any company or association, whether incorporated or not, which contracts with the municipality for lighting or supplying water to any part of the municipality or insuring against fire or any property of the municipality: Provided further that where any contract has been fully performed by the person by whom it has been entered into with the municipality then such contract shall be deemed not to subsist by reason of the fact that the municipality has not performed its part of the contract either wholly or in part; (d) employed as paid legal practitioner on behalf of the municipality or as legal practitioner against the municipality; (e) a representative or office bearer of any association or union representing or purporting to represent, any section of the municipal establishment or any class of employees of the municipality; (f) already a councillor whose term of office as such will not expire before the conduct of fresh election or has already been elected as a councillor whose term of office has not yet commenced; (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; (h) disqualified to stand for being elected either as a member of the Legislative Assembly or as a member of Parliament; (i) a person who having held an office under the Central or State Government or local body has been dismissed from such office for corruption or for disloyalty to the State. (7) A person convicted of an offence punishable under any of the provisions of sections 13 to 26 of this Act or under Chapter IX-A of the Indian Penal Code shall be disqualified for being elected as a councillor or Chairperson.

(1) Every person employed in any business, trade, industrial undertaking or any other establishment and entitled to vote at the municipal election shall, on the day of poll, be granted a paid holiday. (2) No deduction or abatement of the wages of any such person shall be made on account of a holiday having been granted in accordance with sub-section (1) and if such person is employed on the basis that he would not ordinarily receive wages for such a day, he shall nonetheless be paid for such day the wages he would have drawn had not a holiday been granted to him, on that day. (3) If an employer contravenes the provisions of sub-section (1) or sub-section (2), then, such employer shall be punishable with fine which may extend to Rs. 5,000. (4) This section shall not apply to any person whose absence may cause danger or substantial loss in respect of the employment in which he is engaged.

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 authorised by law, communicates to any person, any information showing directly or indirectly for which candidate any voter has voted, and every person who by any improper means, procures any such information, shall be punished with imprisonment which may extend to six months or with fine, or with both.

Notwithstanding anything contained in section 171-F of the Indian Penal Code, 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.

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 punished with imprisonment for a term which may extend to three years, or with fine or with both.

(1) No person shall convene, hold or attend any public meeting in any ward during the period of forty eight hours ending with the hour fixed for the conclusion of the poll for any election in that ward. (2) Any person who contravenes the provision of sub-section (1) shall be punished with fine which may extend to two hundred and fifty rupees.

(1) Any person who at a public meeting to which this section applies, acts, or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees or with both. (2) This section applies to any public meeting of a political character held in any ward 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 Chairperson of the meeting require that person to declare to him immediately 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.

(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 address 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. Explanation.-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. (3) Any person who contravenes any of the provisions of sub-section (1) or sub-section (2) shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees or with both.

(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 punished with imprisonment for a term which may extend to six months or with fine or with both.

(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 metres 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 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 punished with fine which may extend to two hundred and fifty rupees. (3) An offence punishable under this section shall be cognizable.

(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 megaphone or a loudspeaker; or (b) shout or otherwise act in a disorderly manner, within or at the entrance of the polling station 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 wilfully aids or abets the contravention of the provisions of sub-section (1) shall be punished 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.

(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 authorised in this behalf by such polling officer. (2) The powers conferred under 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 a polling station re-enters the polling station without the permission of the polling officer he shall be punished 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.

(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; (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 punished with fine which may extend to two hundred and fifty rupees.

(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 punished with fine which may extend to five hundred rupees. (2) No suit or other legal proceeding shall lie against any such person for damage 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 candidature or the recording or counting of votes at an election, and the expression "official duty" shall, for the purpose of this section, be construed accordingly, but shall not include duties imposed otherwise than by or under this Act.

(1) Any person who at any election fraudulently takes, or attempts to take, a ballot paper out of a polling station, or wilfully aids or abets the doing of any such act, shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to five hundred rupees or with both. (2) If the presiding officer of a polling 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 handed 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.

(1) No person at an election shall-(a) fraudulently deface or 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 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 authorised 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 wilfully 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 punished 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 punished 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) An offence punishable under clause (b) of sub-section (2) shall be cognizable.

No court shall take cognizance of any offence punishable under section 19 or under section 21, or under clause (a) of sub-section (2) of section 26 except on a complaint in writing, by order of or under authority from the Government.

The Tamil Nadu State Election Commission or any officer duly authorised by the Tamil Nadu State Election Commission in this behalf may, in addition to the building belonging to the Central or State Government or the local bodies or educational institutions, requisition on such buildings or vehicles at such rates as it deems fit for the purposes of conducting the elections.

(1) "bribery" as defined in cluase (1) of section 123 of the Representation of the People Act, 1951. (2) "undue influence" as defined in clause (2) of the said section. (3) The systematic appeal by a candidate or his agent or by any other person to vote or refrain from voting on grounds of caste, race, commurity or religion or the use of or appeal, to religious symbols or the use oCor appeal to national symbols such as the national flag or the national emblem, for the furtherance of the prospects of that candidate's elect ion. (4) The publication by a candidate or his agelit or by any other person of any statement of fact which is false and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate, or in relation to the caneidature, or withdrawal from contest of any candidate being a statement reasonably calculated to prejudice tile prospects of that candidate's election. (5) The hiling or procuring whether on payment or otherwise of any vehicle or vessel by a candidate or his agent or by any other person for the conveyance of an1 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 this Act : Provided that the hiring of a vehicle or vessel by an clec or or by several electors at their costs for the purpose of conveying him or then1 to or from any such poIIing station shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired i ; a vehicl: ~r . *q~r.1 not propelled by nechanical power: Provided further that the use of acy public transport vehicle or vessel or railway carriage by an elector ac his own cost for the purpose of going to or coming from any such polling station sh:ill not be deelned to be a corrupt practice under this clause. Explanation.-In tllis clause, the expression "vehicle" means any vehicle used of capable of being used for the purpose of road transport whether propelled b9 mechanical power or ~other:rise and whether used for drawing other vehicles O t otherwise. (6) The holding of asy election meeting in which intoxicating liquors are served. (7) The issuing of any circular, placard or poster having a reference to electior? , which does not bear the name and address of the printer and ~ublisher thereof. (8) The &ion of the candidate in havin; incurred the election expendi- L,lrc more than the ceiling prescribed by the Tamil Nadr\ State Election Commission. (9; Any other practice which the Governme~~t may, by ml@, spedfy to be a corrupt practice.

(1) NO election of Chairperson or a counci1lor shdl be called in %etion ~ ~ t i o m t b qaestion except by an election petition presented to the principal ~istrict ~udge of the district in which the municipality is situated within forty-five days from the. date of the publication of the result nf the electim under this Act. (2) An &ctio~ petition calling in question t ny such elsfion m y bo rmnted as ifled in sub-sodion (4) by any candidate at such c l ~ ~ gy any doctor xc ward conaraod or by a* returned candidate ind i v i d d v cw jsintlv (3) A petitioner under sub-section (2) shall implead all the candidates at the election as respondent to his petition. (4) An election petition,- (a) shall contain a concise statement of the material facts on which t lie petitioner relies: (b) shall, with sufficient particulars, setforth the ground or grounds on which the election in question is challenged; and (c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 for the verification of pleadings.

(1) Subject to the provisions of sub-section (2), if the Principal District Judge after hearing the contesting parties is of opinion:- (a) that on the date of his election a returned candidate was not qualified or was disqualified to be chosen as councillor or Chairperson under this Act, or (b) that any coriupt practice has been committed by a returned candidate or his agent or by any other person with the consent or connivance of a returned candidate or his agent, or (c) that any nomination paper has been ilnproperly rejected, or (d) that the result of the election, in so far as it concerns a returned c;:rndidate has been materially affected - (i) by the improper acceptance of any nomination, or (ii) by any corrupt practice committed in the interest of the returned candidate by a person other than the candidate or by 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 recltption of any vote which is void, or (iv) by the noncoln 7liance with the t>rovisionr4 of t,lis Act or 01' a n y rules or oroers made thcreui,dcp, the Prin~ip~J District Judge sl;all ..eclare the electiou of the rett~~nzti ca~uidatz to be void- (2) If in tl:e oainlon of ths Principal Dislrict Judge a returuzd candidate has been guilty by .tn agent of any corr.upt piactice, b~it tile Principal District Judge is satisfizd-. (a) that no sucll corru~t practice WCIS C O'nmitte ' at the election by t!;e cadidate and every ruch corru;.t prucilzo wa5 con:ll~;tted contrary to the orders and without the coxsent of the candidate; (b) that the canlli~ate took ali reasoilable me.uls for prevei~ling tile commission of corruot ,lrdctice at the electioa; a.ld (c) that in all other respects the election was free from any corrupt practice on t h e parc of the candidate or any of his agents, then the Principal District Judge may decide that the election of the returned candidate is not void.

(1) Subject to the provisions of section 35, a councillor or a Chairperson shall cease to hold office as such, if he;- (a) is sentenced by a criminal court to such punishment and for such offohce as specified in sub.sectioa (4) of section 12; (b) is convicted of sp offence puoisnable under. the Pmt~.ction 6f fzntral Acq Civil Unnts Act. 1955, of 1956. (c) bocome~ a unsound mind; (d) is an insolyent ar applies to be adjudicated as an inso!vent; (e) subjc? 1,o the p~ovis,o to ~laurc (c) of rub-rectipn (6) of sectibs 12, acquires any lntqgst d~rcctly or indirec$,ly, by himsejf or his Qartner, in any subsisting contract made with, or work being done for, the municipai~ly ; (f) is bzing employed as paid legal practitioner oh behalf of the rnunid- pality or accepts ernploy~nent as legal prdctitioncr against the municipality; (g) becolnes a ?presentative 'or ~iQce beprer of any ars&iati~n gr union representidg or purporting to represent any section of the muilic~paj establishlnent or any class of employees 'of the municipality; (k) ceases to be a voter in the municipality in which the cdkncillor ' or the chair per so.^ was elected to snch office providetl that the deletion of his name from the electl~ral roll is on his own volrrton. (1) fails to attend the meetings of the council for a period of three consecutive meetings beginning from the date of the commencement of his term of office or of the last meeting, he attended as the case may be. (2) Notwithstanding anything contained .in clause (a) or clause (b) of sub- section (I), the Tamil Nadu State Election Commissioner may direct that sucb convi- ction or sentence shall not operate as a disqualification. (3) where a 'csass, tO'b5 s oouncillor or chairperson undk clause (a) or piause (b) of sub-section (1). ho shall be restored to office for such portion of the period for which he wqs qlected as may remain unexpired at the .' a date of such restoration if and when the conviction, sentence or order 1s annulled on appeal or revision or the disqualification caused by the conviction or ~ntence or incurrred under section 12 is removed by an order of 'kaml Nadu State Election Commissioner, and any person elected to fill the vacancy in the. interim period shall on such restoration vacate office. (4) In the case of a person who ceased to be .a councillor or ChairpePson In consequence of failure to attend meetings, the matter s5atf be reported by the Comm~s- sioner at the next ordinary meeting and the council may qtihat qwtting ~ s t g r e such person to office : ' Psov~ded that the council may consider thc restoratiop of :office of snch personon the application made by him in this behalr and such restoratior c7~all not be made for more than twice duqing his tenure of.office.

Notwithstanding anything contained in the Oaths Act, 1969, every person who is uleoted to be a Chairperson or a counciflor shall before taking &IS office or seat, make at a meeting of .the council an Oabh or atfirmation in accordance with the manner prescribzd.

(1 j The Chairperson may resign his o R i ~ ,by giviog pqtice in ,p . ! s ~ p and in R a i g a a t ~ of writing to the C~.nrnission"~. The Corn nissian:: sh~ll, after verifyfng he bona- fide ;gf S jch ,notisj, coilvene a ,s )-;la1 \II>,&~~J pf tpe cooqcil ~ i t h l p 9evt.n days from the date of receipt of such patice an? p\a@,i;t befqe tb$ ,Council' :pd such speci~l m d n g shall bs prsidd over by the Dep$y ,C@yperson or n h1,s &?q= by any one of the councillors present at that meeting and elected by t e counc~lkors prerpt qt that meeting. ~q c h rssi patipn ph@l ,@k~ eft@ from tJ$e date on which it is plaqed betqe the gpdqi$meetlng ot ~h^e cou ncll. (2) The ~ e p u f ) Chairperson or any councinor other than the Ghalrpmon or ' any membef pr Chahperson -9f any Comtpit- may resign his office by ,$$ng notice iin person an l wntrn@ to thi Chdigztp~,. "Tqe GI~airp?rs'dn lshfl, . ! '. -,, aftei verifjind Ehs .bonk8de'of such' irbfice, wtth~n a peridd 01 fiv: a@$ &om, . -,. -, . the .fate of receipt of notice, a:cept such redgnatioi~. Such resignation 3&% take effect from the date on which it is act=> ted by t l ~ : Chairparson.

Every Chairperson, Deputy Chairperson or Councillor shall, within ninety days from the date on which he makes or subscribes an oath or affirmation for taking his seat, furnish the following information, in such form and manner as may be prescribed:— (a) the movable and immovable properties of which he, his spouse and his dependent children are jointly or severally owners or beneficiaries; (b) his liabilities to any public financial institution; and (c) his liabilities to the Central Government or State Government or to any municipality.

(1) Whonever it 18 all@ cd that any person who hlrr ken ckctw M u J 4 k i r~ *:I+,# wr,,,,+ 12, r,, &,,fin 3, 6, ug,tu,,, 41 UIH, p t ~ n t d H J I tcdslt the r;lo@l,on or whcnsvor any counolllot or char r- person Is himself in doubt whether or not he ha8 become so disqualified for office, 'r Chujrpor~otl, suuh councillor or C'hairpcr ron or any othcr 'councillor may and the 'clmnjrrujoncr, #I flre reqrrlrst ol fhc council or ('hitirpmron or 8 direction from Ilrtr (l~lvsrrirnorrl, shnll upply 1 0 the I'rinclvar r~rscrrcc Juc'gr of the District in wlticlr I ho municipslrly ia si1uirtf:d. (2) 'l'l~o eaid i'1rncipe1 Distriot J u d g aiter "making S U C ~ inqriry as he deems necessary shall detern~ine whether or not such person is. disqualified under section 12, section 31 or section 32. (3) Pending the decision under sub-section (2), the councillor or Chair- person shall be entitled to act as if he was not disqualified. (4) (a) Any councillor or Chairperson may and the Commissioner, at tha request of tho council, or on a direation from the Government shall, appeal to the High Court agaii~st any decision under sub-section (2). (b) No such appeal shall bo entertained after the expiry of thirty ' days from the date of the dec~sion appealed from, unless the High Court is ' satisfied that the appellant had sufficient cause for not prefer ring the appeal within- those days.

For the efficie1.t rerformance of the fu11ctio1.s of a n~ur~icipality there sl all be the following municipal mtnorities in the municioality, nan~ely :- (a) a Cout?cil, (b) a Chairperson, (c) Stand 1n.g Committee, (J) Wards Committee, and (e; a Commissioner,

(1) Subject to the provisior,~ of this Act, the muntcipalal ministration sbaQ vest in the council and the council shall corf~st of the follc~ ir,g xpembers. namely :-- (i) electe ' courcillui s, i- c1ui.ir.p Chairrerson : (3) members of tale lit,crse of the People and the members of the State. Legislative Assembly representing the constituency comprisrng the whde or any part of the municipality; and (iii) the members of the council of States, who pre ~epistered 8s elector within tbe area of the municipality : Provided that the member referred to in clauses (ii) and (iii) shall be entitled to take part in the proceedings of the council but shall not 1 aye the right t c vote in any proceedings of the council : Provided further that the members referred to in clauses (11) and (iii). shall cease to be members of the council on the cessation of the omce aa mcmbero of the Legislative Assembly or the members of the Paeiament. (2) The term of office c f the councillor shall be flve years on and from the dnto notified by tho Tamil Nadu State Election Ccmission for assumption of such o l c e u oouncillw. (31 Seats shall be reserved for the persons belonging to the S&duled Caste, ?no the Scheduled Tribes in event municipality and the number df seats SO re~erved shall Gear, as nearly as may be, the same proporfion to the total 0" ~ I ) ~ C P Seats to be filled by direct election in that municipality as t11e j:opulation of +he Scheduled Castes in thct municipal area or of the Scheduled Tribe? i q that municipal area bears to the total population of that area. (4) Seats shall be reserved for wcinen balonging to the Scheduled Castes and the Sched~lled Tribes, from among the seats reserved for the persons belonging to the Scliedtled Castes and the Scheduled Tribes, whtcl! rhall not be less that; vne third of the total nunlber of seat5 reserved for the persons belongi.ng-to the .Scheduled Castes and the Scheduled Tribes. (5) Seats shall be reserved for women in the munici ality and the number of rests resrmed for women shall be not less than one third 8ncllrding the number of , seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats in the munlcipality. '(6) 14e seats reserved fcr the persons belonging to the scheduied ~aafes and +he Scheduled Tribes under sub-section (3) and for women under sub-section (5) shall be allotted by rotation to different wards in the municipa!ity in such manner , as may be prescribed. (7) The reservation of seats under sub-sections (3) and (4) shall cease to have effect on the expiration of the 'period specified in Article 334 of the Constitution.

(1) (a) The offices of the Mayor of thc corpsrations in this State shall be rekerved for the persons belonging to the Scheduled Castes or the scheduled Tribes dnd the numbt?r of-officts so reserved shall bear as llearly as inav be, the same proportior, to the total number of ofliceti .in all the corporatibns in the Slate as the population of the' Scheduled Castes in all the corporations in the Statelor the Scheduled Tribes in all the corporations in the State bears to the total population of all the Corporations in the State: Provided that where no office at Mayor can be reserved foratbe persons belonging to he Scheduled Castes or the Sc~ieduled rribes based on the total per- centage of population c,f :h2 E"h~d?lled Castes and the Scheduled Tribes in all the Cotporatiops, one offl~e of Mayor of a Cotpotation having tne highest percentage of population of the Scheduled Castes and the ~chedi!1ed Tribes shall be reserved for women belonging to the Scheduled castes or the Scheduled Tribes out of the total number of offices o.C Mayor reserved for women under clause (b) . (b) The offices of the Mayor in the State shall be reserved for women and ,L*r . "! the number of offices so reserved for women sliall not be less than one third of the total number of offices of' the Mayors in the State: Provided that the offices of the Mayor reserved under this section Shall be allotted by rotation to different municipal corporations-in theestate in such mapner as may be prescribed before tile general elections to tile municipal corpnra?ion ~n tho State. (2) The reservation of o f f l ~ ~ s of Mayor under tdis section shall ceasc'to have effect on the 7xpiratinn of the period specified in Article 334 of the Constitution.

(b) Tl~e of the Chairperson of the municipalities shh'll be reserved iot women belonging ta the Scheduled,Castes and t he,Scheduled T~iw fro? qmo ng the oft lces resen ed for the person belo nging to the Scheduled ' Castes hno the Scheduled Tribe! whi.ch: shall n ~ t be less t@n one thkc1,ofthe t~tal.nuq-r%~offl*~ reserved ior the Scheduled Castes and the Scheduled ~ri'bes. (2) The offices of the Chairperson of the municipalities shall be rcserved for women and the number of cffic~s reserved for women shell not be less than one tbih (inclvding the number of ofEces re,ser,ved for women be,longing to ,,the Scheduled Castes and the Scheduled Tribes), af the total number cf oBces of the Chairperson of the ~~~unicipalities in the State: Provided t h a ~ the cffices of the Chairperson of the municipalities rekrved under this section shall be allotted by rotation to different municipalities in such manner as may. be prescribed. (3) The reservation of off2ees of the Chairperson under sub-section (1) sha@ cease to have effect on the expiraticin cf the period specified in Article 334 of the Cc nstitution. (b) he offices of the Chairperson of the town panchayats sball b *served for women belonging to the Scheduled Castes and the Scheduled Tribes from amotlg #epfflce~ resewed for the pers pas be1,opging tg the Scheduled Castes.and the ScheduletB Tr~ks which shall not be 1el;s than onethird of the total number of oflces reserved for the Scheduled Castes and the Scheduled Tribes. (5) The offlces of tbe Chairpergn of the town panchayats shall,be,~ewq,yqd for womeq and $.he qilrnber ~f offices reserved fcr women shall not l e ~ t l g p cms-tbiyd.(inclt;rding tjie n~:mber,of offices reserved for women belongipg. $@cduled ,,Castes and-tne..Scheduled Tribes), of the tdai m.mber of cffices Q t i town panchayats in the State: 'P 'tl" Provided that the oflces reserved under su b-sections (4 and (5) shall be allot- t* by tolgtbd tcf difRren1 town pa&hs$ats iii such fiather ah rhap be firescribed. e, , . (# ?fie-resesneftati n of odqs-,of ;be C&ai?silpepo.jis,. under sd%-&iciidd (4 *@ill. Wde td ha#d eftid 08 *lib expiiatidd of ihk penotl spkiified in k f d d 3% tKe Cij~Gtituttttii;.

(1) The following shall be the functions of the council,- (i) constructidn dad m'aintentihm ot roads, culverts ahd dtians wbith ti& under the municipality and those transfetred by the Governmefit io tlie n@nf~ipality: (it) e,xecntibn and mainttnan'ce of whtei supply Scheme!; required for domestic, itidu$tr~al or corfimercial .iirposesj except ih tlie aantcipallty wirhere therb is a sipamie e XUth0tity to *hi& Sat: functions are assigned; (iii) protection of public ponds and fountains; (iv) nlaintenanci of sewefage dnd drainage schemes except in tke municipality where there is a separate authority to which such functions are assigned; (v) destruction of stray dogs; (vii) replathn of sele of meat; fish and other perishable food items an6 sde of other conusmer itemti; (viii) regulation of dangerous trades or trade practi-ces; (xi) establishment of public comfort stations, Iamne and bathing places; (xii) construction and n~aintenance oi parks, gardens, play grounds, traffic islands in the urban areas: (xiii) opening and maintenance of public burial and burning groucds and. electric crematoria; (xiv) registration of births and deaths; (xv) installation of street lights and their maintenance; (xvi) pramding parking pkcs for irkhieleg including-taxies and autoriekshaw*; (xvii) public health matters iilcluding vaccination and innoculdon; (dii) mi4nte;nanct of public m'aikets, shbpping wmplexes, bua stands; rest houses; (xk) solid waste management; (h) prevention or removal of obstructions and projections in or uport streets, bridges and other public places; (xi) numbering and naming of streets; (xxii) regulation of hoardings and advertisements put up fpr public view on public or private land (xxiii) civil reception to persons of distinction; and (xxir) organisation of fairs and exhibitions. (2) The council may carry out any work or perform any of the fpnctiom or implement the scheme!, delegated to the council, by notification, by the Government; subject to such condioons specified therein in relation to all or any of tht4olh9ving matterl,-- (i) urban . pliinning including town planning; (ii) regulation oi land use and constructioh of buildings; (iii) regulation of slaughter house and tanneries; (iv) planning for economic and social development; (fv) fire ~ervices; (vi) urban forestry, protection of the environment and promotion of ecologicd (rii) safeguarding the interests of weaker sections of society, including the handicapped and mentally retarded; (viii) slum improvement and upgradation; (ix) urban poverty alleviation; [x) promotioxi of cultural

The Government may. by notification, and with the concurrence of ths local authorities concerned, constitutejoint committee or special committee comprising such number of members and in such manner and for'carrying out such specific functions as may be prescribed.

(1) The Commissioner shall give e!?ect to every resolution or order of the council unless such resolution or order is mcdified, suspended or C8 celled in whole or in part by the couilcil or by the Director or bv tl,e Government as the case may he. (2) If in the opinion of the Commissioner, any resolution or order of the council contravenes any provisions of this Act or any other Act or of any rule,notification, by-law. regulations made or issued under this or any other Act or any order passed by the Government or if there is no provision in the budget of the council authorising the doing of any action contemplated in such resolution or orderor itvolves expenditure in excess of the amou'nt provided for in the budget of the council, or if there would be any miscarriage of justice in the implementation of such A resolution or order relating to the municipality, he shall refer within a period of not less than seven days from the date of passing such rehL!,ltion dr order, the matter to the Director for orders and inforr- +he council, of the action taken by him at its next ordinary meeting. The Commissioner shall not give eflect to the resoluti n until the orders of the Director n ~ I I a reference are received. (3) The Director on satisfaction t h ~ t B U C ~ resolution or or~.er of the c)uncil c0ntraver.e~ all or any of the grounds referred to in sub-section (2), may cancel the resolution or or er : Provided that no resolution or ctrder of the council shall be cancelled by the Direclor unless the council conckrned is given a reasonable opportu~ity to mahe any representation withln the time stipulated by the Director. (4). , Where the ~ ~ r z c t o r is of the opinion that in respect o f any resolution referred30 him under sub-section (2) or involves a matter of g eat p~blic interest o r would adve-sely affect any inte est of the Government, he may for I easons to be recoded in w:iting, -efer the matter to the Government and, the decision of the Government the ein shall be final. (5) Wlle e the Collector of the District is satisfied that the execution of n revolution ~assed by the council other than the resolut~cm passed by the oouncil of any municipal corpo ntion or eider of.contin~ ance in foice qf such licence or peR mission issucd by such niuliicipalities other than the municipal cospo ration .b likly..tc) UbuW ~Ifoagcr to I!UIII:U I beings .health 0-[ $get1 (orjs likely to, lead to a slot or tlil litfray, he muy suwend SI ch 1 esolut 01-Qer, tijcence ;tr pel &joq+ irq- r\ h c case mny be, and report to the Dire:tor wlfd -fray aele hdoa; .aft&? &i,,k fie

(1) Any councillor may call the attention of the Commissioner or the Chairperson to any neglect in the execution of municipal work, or to any waste of municipal property or to the basic needs and civic requirements of any locality and may suggest any improvements which he considers desirable. (2) Every councillor shall have the right to interpellate the chairperson in any council meeting on matters connected with the municipal administration subject to such regulation as may be framed by the council. (3) Every councillor shall have access during office hours to the records of the municipality after giving due notice to the Commissioner: Provided that the Commissioner may for the reasons given in writing forbid such access. The councillor may appeal against such order of the Commissioner to the Chairperson and any person aggrieved by the order of the Chairperson may prefer an appeal to the Director whose decision thereon shall be final.

(1) No Councillor including Chairperson or Deputy Chairperson or any person referred to in clauses (ii) and (iii) of sub-section (1) of section 37 shall vote on, or take part in the discussion of any question coming up for consideration at a meeting of the council or of any standing committee or wards committee or any other 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 Chairperson may prohibit any Councillor or such persons from voting on or taking part in the discussion of any matter in which the Councillor or such persons is believed to have any pecuniary interest, or he may require the Councillor or such persons to absent himself during the discussion. (3) Such Councillor or such persons may challenge the decision of the Chairperson, who shall thereupon place the question at the meeting of the council and the decision of the council thereon shall be final. (4) If the Chairperson is alleged to have any pecuniary interest in any matter under discussion by any Councillor or by such persons present at the meeting, he shall, on the motion of such allegation, if carried out, absent himself from the meeting during the discussion. (5) The Councillor referred to in sub-section (2) shall not be entitled to vote on the question referred to in sub-section (3) and the Chairperson concerned shall not be entitled to vote on the motion referred in sub-section (4). Explanation.— In this section, ‘Chairperson’ includes a Deputy Chairperson or Councillor presiding a meeting of the council.

(1) (a) There shall be a Chairperson in every municipality who shall be elected by the persons whose names appear in the electoral rolls relating to the wards of the municipality in accordance with such procedure as may be prescribed. (b) Where at a general or mid-term election, no Chairperson is elected, a fresh election shall be held. (2) The election of the Chairperson may be held ordinarily at the same time and in the same place where the election to the councillors of the wards are held. (3) The term of office of the Chairperson shall be five years on and from the date notified by the Tamil Nadu State Election Commission. (4) A casual vacancy in the office of the Chairperson shall be filled by a fresh election and a person elected as Chairperson in any such vacancy shall enter upon office forthwith and hold office only so long as the person, in whose place he is elected would have been entitled to hold office, if the vacancy had not occurred. (5) The Chairperson shall be an ex-officio member of the council and shall have all the rights and privileges of an elected councillor of the council. (6) The Chairperson shall be an ex-officio member of every standing committee, wards committee and of other committees except Taxation Appeals Committee or Taxation Appeals Tribunal, as the case may be, but shall not be eligible to be elected as the Chairman of any standing committee or wards committee: Provided that the Chairperson shall not have right to vote at any meeting of the Standing Committee or any wards Committee.

The Chairperson of a municipality shall.-- (a) convene and preside over all the meetings of the council: provided that in the case of election of Deputy Chairperson, the meeting shall be convened and presided over by an officer nominated by the Tamil Nadu State Election Commission; (b) exercise all the powers and perform all the duties conferred or imposed on him under this Act; (c) co-ordinate with the Commissioner and committees constituted under this Act in the manner prescribed; (d) have the power to inspect any municipal work, project, or other scheme; (e) exercise such powers in regard to the approval and execution of any work, project, scheme relating to the municipality subject to such limits and procedures as may be prescribed; (f) exercise such powers of the council as may be delegated to him by the council in accordance with such procedure as may be prescribed; (g) carry out such works and perform such duties in regard to any matter which may be entrusted to him by any notification issued by the Government and subject to such terms and conditions as may be imposed in the said notification.

(1) There shall be a Deputy Chairperson in every municipality who shall be elected by the councillors of the respective municipality from among themselves in accordance with such procedure as may be prescribed. (2) The term of office of the Deputy Chairperson shall be five years on and from the date notified by the Tamil Nadu State Election Commission for assumption of office and the term expires on the expiry of the term of the council. (3) The Deputy Chairperson shall be deemed to have vacated his office on cessation of his office as a councillor. (4) The Chairperson may, in writing, delegate any of the powers or functions vested under this Act with the approval of the council, subject to such conditions as may be specified therein to the Deputy Chairperson. (5) In the event of the occurrence of any vacancy in the office of the Chairperson by reason of his death, resignation or removal, or otherwise, the Deputy Chairperson shall act as Chairperson until the date on which a new Chairperson is elected in accordance with the provisions of this Act to fill such vacancy and enters upon his office. (6) (a) In case the Chairperson is unable to discharge his functions owing to absence, illness or for any other cause, the Chairperson may, in writing, authorise the Deputy Chairperson to discharge his functions until the date on which the Chairperson resumes his duties. (b) In case if the Chairperson fails to authorise the Deputy Chairperson and if the Chairperson continuously absents for more than fifteen days owing to illness or for any other reason, the powers and functions of the Chairperson shall devolve on the Deputy Chairperson until such time that the Chairperson resumes his duties.

An outgoing Chairperson or Deputy Chairperson is eligible for re-election.

No person holding the office of Chairperson, Deputy Chairperson or Councillor shall undertake any trip to any foreign country in his official capacity as such, except with the permission of the Government.

During the first meeting of the council or from time to time, the council may nominate from among the councillors a panel of three councillors and one by one, in the order of their names inserted in the panel, they shall exercise the powers and duties of Chairperson subject to such terms and conditions as are sanctioned by the council until such time that the Chairperson or Deputy Chairperson, as the case may be, resumes his duties, where for any reason, the Chairperson and Deputy Chairperson are unable to discharge their functions owing to their absence or illness or away from the headquarters.

(1) From out of the municipal funds, such honoraria, fees or allowances as may be determined by the Government may be paid to Chairperson, Deputy Chairperson and the councillors. (2) The municipality shall place at the disposal of the Chairperson annually by way of sumptuary allowance which shall not be more than fifty thousand rupees and different limits may be prescribed for different municipalities. (3) Notwithstanding anything contained in this Act, the receipt by any person of honorarium, fee or allowance as Chairperson, Deputy Chairperson or councillors as aforesaid, shall not disqualify him for being elected as, or for being a councillor, Chairperson or Deputy Chairperson.

(1) There shall be constituted, by the Government, by notification, such number of wards committees comprising territorial area of such number of wards as may be specified in the notification within the territorial area of the municipality having population of three lakhs or more and each wards committee shall consist of contiguous wards. (2) (a) Each wards committee shall consist of all the councillors elected from the wards which are included in a wards committee, and one of the members elected from among themselves representing such wards committee in such manner as may be prescribed shall be the Chairman of such wards committee. (b) Each wards committee shall have a separate office located within the territorial limits of a wards committee concerned. (c) The staff for each office of the wards committee shall be in accordance with the norms fixed by the Government from time to time. (3) The term of the wards committee and its Chairman and members shall be co-terminus with the term of the council. (4) The Government may, in consultation with the municipality from time to time, by notification, alter the name, increase or diminish the area of any wards committee specified in the notification issued under sub-section (1): Provided that the territorial limits of the wards committee shall not be altered by the Government before the expiry of the term of wards committee and that the wards committee shall consist of contiguous wards.

(1) There shall be constituted by the Government, by notification, such numbers of standing committees, not exceeding six, as may be specified in the notification for the purpose of exercising such powers and discharging such duties or performing such functions as the council may delegate to them. (2) The composition of standing committee, method of appointment of Chairman and term of office of members and Chairman of the standing committees shall be such as may be prescribed.

(1) In any case in which it is provided by this Act that the Commissioner may take action subject to the approval, sanction, consent or concurrence of a standing committee, such standing committee may, by resolution in writing, authorise him to take action in anticipation of its approval, sanction, consent or concurrence, subject to such conditions, as may be specified in such resolution. (2) Whenever the Commissioner, in pursuance of such resolution takes any action in anticipation of the approval, sanction, consent or concurrence of a standing committee, he shall inform such standing committee of the fact in its next meeting.

(1) There shall be constituted by the council, a Ward Sabha for each ward within the municipal area. (2) Each Ward Sabha shall consist of the Councillor of the municipality representing the ward and as many number of nominated members as may be prescribed, from among the persons registered in the electoral rolls of the ward and nominated by the council. (3) The number of, qualification for, the nominated members and the procedure of nomination shall be such as may be prescribed.

(1) The Councillor representing the ward in the municipality shall be the Chairman of that Sabha. (2) The Chairman shall vacate the office as soon as he ceases to be a Councillor.

(1) The functions and duties of the Ward Sabha, and the procedure to be adopted by such Sabha for transaction of its business shall be such as may be prescribed. (2) The duration of the Ward Sabha shall be co-extensive with the duration of the council.

(1) There shall be constituted by the council, an Area Sabha for each area in a ward in the municipal area. (2) Each ward shall consist of such number of Area Sabhas not exceeding ten, as may be prescribed. (3) An Area Sabha shall comprise of the entire geographical territory in which all the persons registered in the electoral rolls pertaining to one or more polling booths in such territory are ordinarily resident. (4) Each Area Sabha shall consist of the elected Councillor of the ward and all the persons registered in the electoral rolls of the area.

(1) The Councillor of the Ward shall be the Chairman and convener of the Area Sabha. (2) The duration of the Area Sabha shall be co-terminus with the duration of the council.

The functions and duties of the Area Sabha, and the procedure to be adopted for transaction of its business shall be such as may be prescribed.

(1) If, in the opinion of the Government,- (i) the municipality is not competent to perform or persistently makes default in performing the duties imposed on it by law or exceed or abuses its power; or (ii) that the meeting of the council could not be conducted for reasons beyond the control of the Chairperson and the affairs of the municipality could not be carried on in accordance with the provisions of this Act and a report to that effect has been received from the Chairperson by the Government. the government may, by notification,- (a) dissolve the municipality from 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. (2) An election to reconstitute the municipality shall be completed before the expiration of a period of six months from the date of its dissolution. (3) Before publishing a notification under sub-section (1), the Government shall communicate to the council the grounds on which they propose to do so, and grant a period of not less than thirty days for the council to show cause against the proposal and consider its explanations or objections, if any. (4) Nothing contained in sub-section (1) shall affect the office of the Commissioner. (5) On the date fixed for the dissolution of the council under sub-section (1), all its members as well as the Chairperson, the Deputy Chairperson (including councillors who are members of committees established or constituted by or under this Act) shall forthwith be deemed to have vacated their offices and the persons referred to in clauses (ii) and (iii) of sub-section (1) of section 37 shall cease to be represented in the council and fresh elections shall be held in accordance with the provisions of this Act. (6) Dissolution shall take effect from the date specified in the notification and if no date is specified in the notification, from the date of publication of the notification and thereupon the following consequences shall ensue:- (a) all the members of the council; as well as the Chairperson, the Deputy Chairperson (including councillors who are members of committees established or constituted by or under this Act) shall forthwith be deemed to have vacated their offices; (b) all or any of the functions of the council, of the Chairperson and of the committee established or constituted by or under this Act except the Taxation Appeals Committee may, during the period of dissolution, be exercised and performed, as far as may be, and to such extent as the Government may determine, by the Special Officer appointed under section 54 in that behalf. The Government may determine the relations of such person with themselves. (7) The Government may reconstitute the Council before the expiry of period notified under sub-section (1). (8) All the newly elected councillors of the reconstituted municipality shall enter upon their offices on the date fixed for its reconstitution and they shall hold their offices only for the remainder of the period for which the dissolved municipality would have continued under section 37, had it not been dissolved. (9) When the council is dissolved under this section, the Government until the date of the reconstitution thereof and the reconstituted council thereafter shall be entitled to all the assets and be subject to all the liabilities of the council on the date of dissolution and on the date of the reconstitution, respectively.

(1) Subject to the provisions of this section, a motion expressing want of confidence in the Chairperson or Deputy Chairperson 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 specified by the Government, signed by such number of Councillors as shall constitute not less than three-fifth of the sanctioned strength of the Council together with a copy of the motion which is proposed to be made, shall be delivered in person to the Commissioner by any two of the Councillors signing the notice. (3) The Commissioner shall then convene a meeting for the consideration of the motion, to be held at the Municipal Office, at a time appointed by him which shall not be later than thirty days from the date on which the notice under sub-section (2) is delivered to him. He shall give to the Councillors, notice of not less than fifteen clear days of such meeting and of the time appointed therefor. (4) The Commissioner shall preside at the meeting convened under this section, and no other person shall preside thereat. If within half an hour after the time appointed for the meeting, the Commissioner is not present to preside at the meeting, the meeting shall stand adjourned to a time to be appointed and notified to the Councillors by the Commissioner under sub-section (5). (5) If the Commissioner is unable to preside at the meeting, he may after recording his reasons in writing, adjourn the meeting to such other time as he may appoint. The date so appointed shall not be later than thirty days from the date appointed for the meeting under sub-section (3). Notice of not less than seven clear days shall be given to the Councillors of the time appointed for the adjourned meeting. (6) Save as provided in sub-sections (4) and (5), a meeting convened for the purpose of considering a motion under this section shall not for any reason be adjourned. (7) As soon as the meeting convened under this section has commenced, the Commissioner shall read to the council, the motion for the 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 the 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 vote of the council. (10) The Commissioner shall not speak on the merits of the motion, nor shall be entitled to vote thereon. (11) A copy of the minutes of the meeting together with a copy of the motion and the result of the voting thereon shall forthwith on the termination of the meeting be forwarded by the Commissioner to the Government. (12) If the motion is carried out with the support of not less than four-fifths of the sanctioned strength of the council, the Government shall, by notification, remove the Chairperson or the Deputy Chairperson, as the case may be. (13) If the motion is not carried out 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 Chairperson or the Deputy Chairperson shall be received until after the expiry of one year from the date of the meeting. (14) No notice of a motion under this section shall be received,— (i) within one year of the assumption of office by the Chairperson or Deputy Chairperson; or (ii) during the last year of the term of office of the Chairperson or the Deputy Chairperson.

(1) The Government may, by notification, remove any councillor, Deputy Chairperson or Chairperson, who in their opinion, wilfully omits or refuses to carry out or disobeys the provisions of this Act or any rules, bye-laws, regulations or lawful orders issued thereunder or abuses the powers vested in him. (2) The Government shall, when they propose to take action under sub-section (1), give the councillor, Deputy Chairperson or Chairperson concerned an opportunity for explanation, and the notification issued under the said sub-section shall contain a statement of the reasons of the Government for the action taken. (3) Any person removed under sub-section (1) from the office of councillor, Deputy Chairperson or Chairperson 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 one year from the date specified in such notification, whichever is later.

In section 54, in sub-section (1), for the expression “District Collector concerned or a senior officer of the Indian Administrative Service”, the expression “the Commissioner or any other officer” shall be substituted.

(1) The Government may, at any time, cause an inquiry to be made by any officer in regard to any municipal corporation or municipality or any matter concerning the municipal administration of any municipality or any matters with respect to which the sanction, approval, consent or order of the Government is required by this Act and if upon such inquiry, the Government are of the opinion that any such proceeding or decision or order passed by the council should be modified, annulled, reversed or remitted for reconsideration they may pass orders accordingly: Provided that before passing any order under this section the Government shall give a reasonable opportunity to the council to make a representation against the action proposed to be taken. (2) The Government may also authorise the Director, Regional Director or any other officer to inspect or examine any office or work relating to any municipality or any department therefor and the officer so authorised for such inspection shall exercise all the powers exercisable by the Government under this Act. (3) The District Collector may in any municipality other than municipal corporations.- (a) call for any document in the possession or under the control of any council or Commissioner; (b) require any councillor or Commissioner to furnish any return, plan, estimate, statement, accounts or statistics; (c) require any councillor or Commissioner to furnish any information or report on any municipal matter; (d) record in writing, for the consideration of the council or Commissioner of a municipality any observation he may think proper in regard to its or his proceedings or duties. (4) If it appears to the District Collector that the Commissioner of a municipality has made default in carrying out any resolution of the council, the said District Collector, shall direct the Commissioner to implement the resolution in accordance with the rules in force and on receipt of the reply from the Commissioner, the District Collector shall send a report therein to the Government with a copy of the same to the council. (5) The District Collector may in case of emergency in a municipality direct or provide for the execution of any work or the doing of any act, which the council or Commissioner 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 of such act, incurred as the emergency may require shall be paid from the municipal fund.

(1) When a dispute exists 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 Government are of the opinion that the local authorities concerned are unable to settle it amicably among themselves, the Government may take cognizance of the dispute, and— (a) decide it on its own volition; or (b) refer it for inquiry and report to a joint committee constituted under section 41 for the purpose. (2) The report referred to in clause (b) of sub-section (1) shall be submitted to the Government who shall decide the dispute in such manner as they may deem fit. (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) may, at the instance of the local authorities concerned, be modified from time to time by the Government in such manner as they deem fit, and any such decision with the modifications, if any, made therein under this sub-section, may, at the instance of local authorities be cancelled at any time by the 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. (4) The powers of the 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.

(1) There shall be a Commissioner for each municipal corporation and for each municipality who shall be appointed by the Government. (2) There shall be an executive officer for each town panchayat who shall be appointed by the Director or any officer authorised by the Government in this behalf: Provided that the Government may, by an order, delegate the powers exercisable by it under this section to the Director subject to such conditions as may be specified in the order.

(1) Subject to the sanction of the council and subject to all other restrictions, limitations and conditions as may be prescribed or as are hereinafter imposed in this Act, the executive power for the purpose of carrying out the provisions of this Act shall be vested in the Commissioner. (2) The Commissioner and other officers of a municipality shall perform all the duties and exercise all the powers specially imposed or conferred on the Commissioner or other officers under this Act. (3) The Commissioner shall be responsible for the custody of all the records of the municipality including all papers and documents connected with the proceedings of the council, the standing committee and other committees and shall arrange for the performance of such duties relating to the proceedings of the said committees as they may respectively impose. (4) The Commissioner may delegate any of the powers, duties or functions conferred or imposed upon or vested in him by or under this Act to the holder of any municipal office in accordance with such guidelines as may be prescribed. (5) The Commissioner shall send all correspondence through the Chairperson and shall put up all the complaints received by him before the Chairperson for perusal within such time as may be prescribed. (6) The Commissioner shall be the appointing authority for all Class IV Posts and to the posts in Classes II and III as delegated to him by Government. (7) [Note: Original text missing content for (7), assuming document sequence] (8) The Commissioner shall not act under this section in contravention of any order of the council prohibiting the execution of any particular act, and shall report the action taken under this section and the reasons therefor to the council at its next meeting. (9) The Commissioner may, without the sanction of the council, incur petty contingent expenditure incidental to the municipal administration, not exceeding the amount notified by the Government from time to time: 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 Director; and (10) The Commissioner shall be entitled to take part in the proceedings of the council or standing committee or any other committees constituted under this Act, but shall not have the right to vote in the proceedings of the council, standing committee or other committees.

(1) The Government may, by notification, constitute common municipal services and frame rules for the employees of the municipalities, namely;- (i) All Municipal Corporations; (ii) All Municipalities; and (iii) All Town Panchayats. Explanation.--For the purposes of this section, the expression "common municipal services" shall include, the method of recruitment, qualifications, disciplinary proceedings, leave, pension, other terminal benefits and such other conditions of services as may be prescribed. (2) The Government may, by notification, reserve the power-- (a) to transfer any officer or servant of the municipality to the service of any other municipality; (b) to issue general or special direction as they may think necessary for the purpose of giving due effect to any transfer made under clause (a).

(1) The municipal services shall be classified into the following classes, namely:-- Class-I--All persons holding posts in the service classified by the Government as superior service. Class-II--All persons holding posts in the service classified by the Government as superior service. Class-III--All persons holding posts in the service of the municipality other than those being persons holding posts in a common municipal service and appointed to serve under the municipality. Class-IV--All persons holding posts in the service classified by the Government as basic service. (2) All appointments to the posts included in Class-I shall be made by the Government. (3) All appointments to the posts in class-IV and to posts in Classes II and III as delegated by the Government shall be made by the Commissioner. (4) The Selection Committee referred to in sub-section (5) shall subject to such rules and guidelines issued by the Government from time to time select persons for appointment to the posts included in Classes-III and IV and all such appointments shall be made by the Commissioner. (5) The Selection Committee shall comprise of the Chairperson, Commissioner and such number of members as may be notified by the Government: Provided that the classifications made in sub-section (1) as Classes-I and II shall have no application to employees of town panchayats.

(1) Every appointment to any post included in Classes-I and II shall be made from the list of candidates selected by the Tamil Nadu Public Service Commission (hereinafter in this section referred to as "the Commission"): Provided that no such list shall be prepared by the Commission in regard to the appointment with respect to- (a) any acting or temporary post for a period not exceeding one year; or (b) such posts as may from time to time be specified by the Government in consultation with the Commission; or (c) a post when at the time of such appointment the person to be appointed thereto is in the service of the Central Government or State Government; or (d) a permanent or temporary post, if the person to be appointed is not likely to hold that post for more than one year; or if such person is likely to hold the post for more than one year but not more than three years and the Commission advises that the appointment need not be made from the list prepared by the Commission: Provided further that the appointment to the posts included in Classes-I and II shall also be made by promotion in accordance with such rules as may be prescribed. (2) All selection to the posts specified in Classes-III and IV shall be made by the Selection Committee in accordance with such rules as may be prescribed: Provided that the appointment to the posts included in Classes-III and IV shall also be made by promotion in accordance with such rules as may be prescribed.

(1) The Director shall fix the cadre strength for all municipalities taking into consideration the financial position of the municipalities and municipal services to be rendered by the municipality to the public, other local conditions and such norms as may be prescribed from time to time: Provided that the total expenditure on the establishment of the municipality shall not exceed forty-five percent of the total income of a year in a municipality. (2) The cadre strength fixed under sub-section (1) shall be reviewed once in every five years. (3) All appointments in a municipality shall be made subject to the cadre strength of posts fixed under this section. (4) Subject to the provisions of Sub-section (1) the Director may, on the request of the Commissioner and based on any resolution made in this behalf by the council, by an order permit the Council to make any appointment in variation to the cadre strength fixed subject to such conditions as may be specified in the said order. (5) Notwithstanding the cadre strength fixed by the Director under sub-section (1), the Council may, with the prior approval of the Government, appoint any person on a contract basis for a particular purpose and for a particular period.

(1) All monies received by a municipality shall constitute a fund which shall be called the "Municipal Fund" and shall be applied, and disposed of, in accordance with the provisions of this Act and the rules made thereunder. (2) The receipts which shall be credited to the municipal fund shall include all grants, loans, advances or contributions made by the Government from time to time as may be considered necessary having regard to the recommendation of the Finance Commission, the needs for development and the cost of municipal administration and such other relevant factors as the Government may deem fit. (3) Where a municipality commits default in repayment of any loan or part of the loan due to the Government, such amount may be adjusted from out of the amount payable to the municipality by the Government by way of grant.

(1) The Government shall appoint auditors for auditing the accounts of receipts 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. (2) The Government may for any special reason to be recorded in writing by an order cause the accounts of any municipality to be audited by qualified auditors for one or more years subject to such conditions as may be specified.

Any expenditure from the municipal fund shall be spent only for such purpose and services within the municipal area authorised under this Act and the rules made thereunder: Provided that the Government may by an order, authorise any expenditure to be incurred by any municipality for any other purpose not provided or in this Act or rules framed thereunder subject to such conditions as may be specified in such order: Provided further that the council may incur any expenditure specially sanctioned by the Government: Provided also that the expenditure shall be incurred outside the municipal area if such expenditure is required for maintaining the basic services to the municipality.

Where any expenditure is incurred by the Government or by any other municipality towards any work or purpose, which is authorised by or under this Act, which would benefit the residents of the municipality concerned, the council of such municipality shall make the contribution towards such expenditure in such proportion as may be determined by the Government.

(1) The council may, with the previous sanction of the Government and in pursuance of any resolution passed at a special meeting borrow any sum of money,- (i) by way of debentures by raising loans from any Scheduled or Nationalised Bank or from any other Financial Institutions or Agencies as may be approved by the Government in this behalf, on the security of all or any of the taxes, duties, fees and dues authorised by or under this Act, for the purposes as may be determined by the Government; (ii) by way of raising loan from the public by issuing bonds for incurring specific items of capital expenditure. (2) The amount of loan, the rate of interest and the terms including the date of flotation, the time and method of repayments and the like shall be subject to the approval of the Government.

(1) All debentures issued under this Chapter shall be in such form as the Council, with the previous sanction of the Government may determine and shall be transferable in such manner as shall be therein expressed and the right to sue in respect of the monies secured by any of such debentures shall vest in the holders thereof for the time being without any preference by reason of such debentures being prior in date to others. (2) The payment of debenture or security and the receipt for interest or dividend shall be in such manner as may be prescribed.

(1) The municipality shall maintain a sinking fund for the repayment of money borrowed on debentures issued and shall pay by quarterly instalments into such sinking fund and such sum as will be sufficient for the payment within the period fixed for the loan of all monies borrowed on debentures issued. (2) All monies paid into the sinking fund shall be invested and applied by the Commissioner in such manner as may be prescribed.

All payments due from the municipality for interest and on repayment of loans shall be made in priority to all other payments due from the municipality.

(1) The Commissioner shall, in consultation with the Chairperson and Wards Committees wherever such wards committees exist having regard to all the requirements of this Act and in accordance with the guidelines issued by the Government, prepare in such form as may be prescribed on or before the 1st day of January of each year a budget estimate of the income and expenditure of the municipality for the next financial year and place the same before the council with the approval of the Standing Committee wherever such Standing Committee exists, on or before the 20th day of January of each year. (2) While preparing the budget estimate under sub-section (1), the Commissioner may append thereto a report indicating whether the following services are being provided in a subsidised manner and if so, the extent of the subsidy, the source from which the subsidy was met, and the sections or categories of the local population who were the beneficiaries of such subsidy, namely:- (a) water supply and disposal of sewerage; (b) scavenging, transporting and disposal of wastes; and (c) street lighting: Provided that in any municipality where there are standing committees, the Commissioner shall place the budget estimate before the standing committee concerned for scrutiny of the budget estimate and to offer its remarks. (3) The council shall in a special meeting to be convened for this purpose consider the proposals contained in the budget estimate and approve the same with or without modifications as may be considered necessary on or before the end of February of each year. (4) A copy of the budget estimate as approved by the council shall be forwarded to the Director. (5) (a) If the Commissioner is of the opinion that the budget estimate as approved by the council contravenes any of the provisions of this Act or any rule, notification, by-laws, regulations made or issued under this Act or any order passed by the Government, he shall refer the budget estimate to the Director. (b) The Director shall direct the council to rectify the defects in the budget estimate of the municipality. (c) Where the council fails to rectify the defects as pointed out by the Director, the Commissioner shall give effect to the budget estimate as suggested by the Director. (6) The Commissioner shall make arrangements to publish in one prominent local Tamil newspaper the important features of the budget and the details of the works programmes in accordance with the rules as may be prescribed, not later than 31st day of July of that financial year.

Section 71 of the principal Act, shall be renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered, the following sub-sections shall be added, namely:— “(2) The Budget documents after approval shall be uploaded in designated websites or portals with the digital signature of the executive authority. The allotment made on the Budget shall lapse at the end of the year and the surplus shall not be transferred to Deposits or keeping outside the account or resort to other appropriation of any kind. (3) Without the prior approval of the Director, the council of the municipality shall not approve any expenditure exceeding the budget allocations, or exceeding the revenue of the municipality.”.

(1) The Finance Commission referred to in Article 243-I of the Constitution, shall review the financial position of the municipalities and make recommendations to the Governor as to- (a) the principles which should govern,- (i) the distribution between the Government and the municipalities of the net proceeds of taxes, duties, tolls and fees leviable by the Government and which are to be apportioned between the municipality and the Government; (ii) the determination of the taxes, duties, tolls and fees which may be assigned to or appropriated by the municipality; (iii) the grants-in-aid to the municipality from the Consolidated Fund of the State; (b) the measures needed to improve the financial position of the municipality; (c) any other matter referred to the Finance Commission by the Governor in the interest of sound finance of the municipalities. (2) The Governor shall cause every recommendation made by the Finance Commission, under this section together with an explanatory memorandum as to the action taken thereon to be laid before the Tamil Nadu Legislative Assembly.

The council may accept- (i) any sum of money from individuals or trusts on issuing a receipt for the same by the Commissioner; and (ii) any property, given in trust for the purpose of any of the functions of the municipality and which may bring income to the municipality and the acceptance of which would not result in any loss to the municipal fund.

(1) Any land which is needed for the purposes of the municipality shall be deemed to be a land needed for a public purpose under the Land Acquisition Act, 1894 and may be acquired at the cost of the municipality. (b) the council can acquire any building, the value of which does not exceed the amount as may be notified by the Government. The Government may notify different monetary limit for different municipality.

The Government may, with the consent of the council, transfer to the municipality the management of any institution or the execution of any work not provided for under this Act and it shall thereupon be lawful for the council to undertake such management or execution of such work, subject to such terms and conditions as may be mutually agreed to.

The council may, with the approval of the Government, either on its own or through public or private participation mode, undertake the planning, construction, operation, maintenance or management of commercial infrastructure projects, including district centres, community and neighbourhood shopping centres, industrial estates, bus or truck terminals and tourist lodges with commercial complexes or any other type of commercial or community project.

The monetary limit for sanction of any estimate by several authorities of the municipality shall be such as may be prescribed and such monetary limit shall not exceed five crore of rupees.

(1) The Council may enter into and perform all such contracts as it may consider necessary or expedient for carrying into effect the provisions of this Act. (2) No contract involving an expenditure exceeding the monetary limit prescribed under section 76 shall be entered into by the authorities of the municipality in accordance with such rule as may be prescribed. (3) Every contract entered into by or on behalf of the Council shall be entered into in such manner and in such form as may be prescribed. (4) The Commissioner shall take sufficient security and solvency, as may be prescribed, for the due performance of every contract into which he enters, as per the provisions of this section and the rules made thereunder. The security and solvency certificates so obtained shall be under the custody of the Commissioner.

In section 78 of the principal Act, for sub-sections (2), (3) and (4), the following sub-sections shall be substituted, namely:— “(2) (a) No sale, gift or exchange of any land or any other immovable property belonging to the municipality shall be made by the council: Provided that where any municipal land or any other immovable property is required by the Central or State Government or any Central or State Public Sector Undertaking for any public purpose, the council may permit the sale, gift or exchange of such land or building. (b) No such sale, gift or exchange of land or any other immovable property belonging to the municipality shall be made without the sanction of the Government. (c) Such sale, gift or exchange of immovable property under this sub-section shall be made at such rate as may be specified by the Government. (3) The council may grant licence, lease or rent out the land or buildings belonging to it for use and occupation for a period not exceeding,— (i) three years to the general public for non-commercial purpose; (ii) nine years to the Central or State Government Departments, Public Sector Undertakings or statutory bodies owned or controlled by the Central or State Government; (iii) twelve years, in the case of commercial shopping complexes: Provided that no such licence, lease or rent out shall be granted for a period exceeding three years at a time; (iv) twenty years, in the case of agricultural land for agricultural purpose: Provided that the Government may, in special and extraordinary circumstances, allow the council to sanction long lease beyond the period prescribed in this sub-section for the following bonafide public purposes, namely:— (i) Educational purpose; (ii) Medical purpose; (iii) Charitable purpose; (iv) Social welfare activities; (v) Minority welfare activities. (4) After the completion of the period prescribed in sub-section (3), no extension or renewal of lease, licence or rent out shall be permitted and any application for the same shall be considered afresh in accordance with the provisions of this Act. (5) (a) Licence fee, lease rent or rent shall be paid,— (i) for the first year, at the time of handing over of land or building; and (ii) for every subsequent year, before the 28th day of February of the previous year: Provided that for renting of shops in shopping complexes or public markets, the collection of rent shall be made every month; (b) A penal interest at the rate of twelve per cent simple interest shall be levied for licence fee, lease rent or rent that is not paid within the prescribed date when it is due. (c) The licence fee, lease rent or rent shall be enhanced every year by five per cent during the duration of the licence or lease.”.

(1) The Council shall have the power to levy the following taxes- (a) Property tax; (b) Water tax; (c) Sewerage tax; (d) Education tax; (e) Advertisement tax; and (f) a duty on transfer of property. (2) The levy, assessment and collection of taxes mentioned in sub-section (1) shall be in accordance with the provisions of this Act and the rules made thereunder: Provided that the provisions of this section shall not apply in respect of clauses (b) and (c) of sub-section (1) to any municipality to which the Chennai Metropolitan Water Supply and Sewerage Act, 1978 applies.

(1) For the purpose of imposing a tax under this Act, the Council shall pass a resolution determining the levy of tax specifying the rate at which and the date from which such tax shall be levied. (2) Any proposal to levy or increase the rate of any tax or to effect any change in the mode of levy or the manner of collection, shall be placed before the council and the Council after due consideration shall pass necessary resolution approving or modifying the proposal. (3) The resolution passed by the Council shall be published in such manner as may be prescribed calling for any objections and suggestions from the tax payers of the municipality in regard to the proposed levy, increase or change in the mode of levy or manner of collection within such time as may be prescribed. (4) On the expiry of the period prescribed, the Council shall consider the objections and suggestions received in regard to the proposed levy, increase or change in the mode of levy or manner of collection and pass necessary resolution approving the proposal with or without modification.

(1) The property tax shall be levied on all buildings and lands within the municipality. (2) (b) where the title of any building or land is transferred, such transferee; (c) in relation to any building or land, in the event of death of the person liable to the payment of property tax, the person on whom the property is transferred; shall furnish to the commissioner within such date as may be prescribed, a return for such building or land containing such details as may be prescribed for the assessment or reassessment of the property tax to the said building or land. (3) In the case of reassessment or general revision of any property tax leviable under this Act, the owner or occupier of any building or land shall furnish to the Commissioner within such time as may be prescribed, a return in such form containing such details as may be prescribed for the assessment of property tax to such building or land. (4) If any owner or occupier of any building or land fails to furnish a return as required under sub-section (2) or sub-section (3) or furnishes an incomplete or incorrect return, the Commissioner or any person authorised by him in this behalf, shall cause an inspection to be made and also to make such local enquiries as may be considered necessary, and based on such inspection and information collected, shall prepare a return and a copy of the return shall be furnished to the owner or occupier of the building or land. (5) On receipt of a return under sub-section (2) or sub-section (3) or on the basis of the return prepared by the Commissioner under sub-section (4) and after considering the objections, if any, received, the Commissioner shall determine the property tax payable in accordance with the provisions of this Act and shall send an intimation to that effect to the person concerned. (6) In the case of failure to furnish a return under sub-section (2) or under sub-section (3), the Commissioner shall, in addition to the tax determined under sub-section (5) direct the owner or occupier of any building or land to pay by way of penalty a sum of rupees two hundred and fifty or five per cent of the property tax determined under sub-section (5), whichever is higher. (7) For the purpose of assessment of property tax for any building or land in the municipality, the Commissioner or any officer authorised by him in this behalf may enter, inspect, survey and measure any building or land, after giving due notice to the owner or occupier before such inspection and the owner or occupier shall be bound to furnish necessary information required for this purpose. (8) The property tax on building and land shall, subject to the prior payment of the land revenue, if any, due to the Government thereon, be a first charge upon the said building or land and upon the movable property if any found within or upon such building or land and belonging to the person liable to pay property tax.

(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 land and building shall be deemed to be the gross annual rent at which they may reasonably be expected to be let from month to month or from year to year less a deduction in the case of building, of ten per cent of that portion of such annual rent which is attributable to the building alone, apart from their sites and adjacent lands occupied as an appurtenance thereto; and the said deduction shall be in lieu of all allowances for repairs or on any other account whatever: Provided that- (a) in the case of any building of a class not ordinarily let, the gross annual rent of which cannot, in the opinion of the Commissioner, 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 present cost of erecting the building after deduction for depreciation a reasonable amount which shall in no case be less than ten per cent of such cost; (b) in the case of any building in any 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 Government, the annual value of such 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 purpose of this clause, ‘industrial estate’ means any area selected and developed by the Government or developed by any other authority under the control of the Government, wherein any industry or a class of industry are accommodated; and (c) machinery and furniture shall be excluded from valuations under this section. (3) The 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) or clause (b) of the proviso to sub-section (2) applies, and they may, by such rules, restrict or modify the application of the provisions to such case or class of cases. (4) The property tax calculated in pursuance of this section shall be payable for every half-year and shall be paid by the owner or occupier within the half-year period. Explanation.— For the purpose of this sub-section, the expression “half-year” shall be from the 1st day of April to the 30th day of September and from the 1st day of October to the 31st day of March of a year. (5) The Commissioner shall issue a property tax book containing all the details of the building or land and the property tax payable in relation to such building or land in such form as may be prescribed. (6) (a) The council shall, in the case of lands which are not used exclusively for agricultural purposes and are not occupied by, or adjacent and appurtenant to, buildings, levy property tax on such lands at such rate as it may fix, having regard to its location and subject to the minimum and maximum rates per square feet as may be prescribed by the Government. (b) Where there is any land with building situated within the municipal limit, and if the extent of the land left vacant is twice the plinth area of the building, the Commissioner shall determine the property tax on the vacant land which exceeds twice the plinth area of the building at the rate fixed by the council.

(1) The basic property tax, the additional basic property tax and the concession, if any, with regard to the age, for every building or land shall be determined by the Council subject to the minimum and maximum rates prescribed by the Government under section 83. (2) The Council shall notify the rates determined under sub-section (1) and such other particulars and in such manner as may be prescribed. (3) (i) (a) The basic property tax for every building shall relate to the carpet area of the building and its usage : Provided that the carpet area of any building shall not include the open verandah, open court-yard or any other open space which is not enclosed. (b) The classification of the building, for the purpose of deciding the usage of any building shall be residential, commercial, industrial or any other classification as may be prescribed. (ii) (a) The additional basic property tax for every building shall relate to location and type of construction of the building. (b) For the purpose of this clause, the location of the building shall be classified as follows:- (A) arterial roads, bus-route roads leading to arterial roads and main roads; (B) bus-route roads other than those specified in item (A); (C) roads and streets in primarily residential colonies. (c) The type of construction of the building shall be classified into different groups as follows, namely:- (A) thatched or tiled roof; (B) reinforced concrete cement roof; (C) reinforced concrete cement roof with mosaic or ceramic tiled flooring; (D) granite and marble flooring and walls. (iii) A concession on the basic and additional basic property tax shall be allowed in calculating the property tax having regard to the age of the building in such manner as may be prescribed.

(1) For the purpose of levy of property tax, every building shall be assessed together with its site and other adjacent premises occupied as an appurtenance thereto. (2) The property tax shall be calculated as follows :- (a) Firstly, the basic property tax for a building shall be calculated at the rate fixed by the council. (b) Secondly, the additional basic property tax for such building shall be calculated at the rate fixed by the council and added to the basic property tax so arrived at under clause (a). (c) Thirdly, on the quantum of amount arrived at under clauses (a) and (b), the concession having regard to the age of the building at the rate fixed by the Council shall be deducted and the amount so arrived at shall be the property tax payable in respect of any building for every half-year and shall be paid by the owner or occupier of such building within the half-year period. Explanation.-For the purpose of this sub-section, the expression "half-year" shall be from the 1st day of April to the 30th day of September and from the 1st day of October to the 31st day of March of a year: Provided that in the case of any Government or railway building a concession shall be allowed in calculating the property tax in such manner as may be prescribed. (3) The Commissioner shall issue a property tax book containing all the details of the building or land and the property tax payable in relation to such building or land in such form as may be prescribed. (4) (a) Where there is any land without any building situated within the municipal limits, the Commissioner shall determine the property tax payable for such land at the rate fixed by the Council. (b) Where there is any land with building situated within the municipal limit, and if the extent of the land left vacant is twice the plinth area of the building, the Commissioner shall determine the property tax on the vacant land which exceeds twice the plinth area of the building at the rate fixed by the Council: Provided that no property tax on any land shall be levied under this sub-section if the extent of such land with or without any building thereon, does not exceed two thousand and four hundred square feet. (5) The Council may, subject to such rules as may be made by the Government, by notification, in this behalf exempt any building having a carpet area not exceeding one hundred square feet, constructed with mud walls and thatched roof from the levy of property tax.

The general revision of the assessment of property tax in relation to the building and land situated within the municipal limit shall be made once in five years. The Commissioner may revise the property tax in accordance with the provisions of this Act and the rules made thereunder.

The council shall, by resolution, enhance the property tax at such rate within the minimum and maximum rates, as may be notified by the Government, from time to time.

(a) places set apart for public worship and either actually so used or used for no 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 purposes; (c) buildings used for educational purpose including hostels attached thereto and places used for the charitable purpose of sheltering the destitute or animals and orphanages, homes and schools for the deaf and dumb, asylum for the aged and fallen women and such similar institutions, run purely on philanthropic lines as are approved by the Council; (e) charitable hospitals and dispensaries but not including residential quarters attached thereto; (f) such hospitals and dispensaries maintained by railway administration as may, from time to time, be notified by the Government, but not including residential quarters attached thereto; (g) burial and burning grounds included in the book kept in the municipal office; (h) the bed of any river or canal or any river or canal belonging to Government and which do not provide any income to the Government or any Government land set apart for recreation purposes or any other Government property being neither building nor land from which in the opinion of the Government any income could not be derived as may from time to time, be notified by the Government: Provided that nothing contained in clauses (a), (c) and (e) shall be deemed to exempt any building or land from property tax any building or land for which rent or service charge is payable by the person using the same for the purposes referred to in the said clauses.

Notwithstanding the exemption granted under section 87, it shall be open to the Council to collect any service charges for providing the civic amenities and for any other general or special services rendered during festive or ceremonious occasions at such rate as may be decided by the council in this behalf.

In section 173 of the principal Act shall be renumbered as sub-section (1) of that section and in sub-section (1) as so renumbered,— (1) in clause (b), for the expression "the Commissioner or a Magistrate", the expression "the Judicial Magistrate" shall be substituted; (2) after clause (c), the following clause shall be added, namely:— "(d) retain a corpse on any premises without cremating, burying or otherwise lawfully disposing off, for more than such period and in such manner, as may be prescribed;"; (3) after sub-section (1), as so amended, the following sub-sections shall be added, namely:— "(2) If any place whether public or private, used as a crematorium or burial ground is found to endanger public health or if any other place is found to be overcrowded with burials or for any other reason to be recorded, the Commissioner may, with the approval of the council, close such crematorium or burial ground, by a notification in the District Gazette. (3) Where sufficient modern crematoria are available in a municipality, the council may, by notification, ban open cremation within such municipal limit.".

In section 175 of the principal Act,— (1) for sub-sections (1), (2) and (3), the following sub-sections shall be substituted, namely:— "(1) It shall be the duty of the council to keep any public place clean, by adopting a system of collection of segregated waste at source, transportation, processing and disposal of solid waste scientifically in a place specifically allotted for this purpose as may be notified by the municipality, either within or outside the municipal limit. (2) All solid waste, rubbish and other materials collected by the municipality shall be the property of the municipality. The public shall segregate the solid waste at source and store in different containers and dispose the same as prescribed in the rules. The municipality shall provide appropriate facilities for the collection, storage, recycle, process and dispose of segregated solid waste received from various sources. (3) Where no proper drainage system is provided in the municipal limit or in any part thereof, the municipality may make necessary arrangements to collect, transport and to treat the collected drainage water scientifically and dispose of the same in such manner as may be prescribed."; (2) in sub-section (4), the proviso shall be omitted; (3) in sub-section (5),— (a) in clause (b), for the expression "compost manure", the expression "compost manure or bio-gas or electricity or any other product" shall be substituted; (b) for clause (d), the following clause shall be substituted, namely:— "(d) incineration, deep burial, autoclave, multiclave, for disposal of biomedical waste generated from the hospitals, nursing homes, health care centres, diagnostic centres, medical laboratories and non-industrial hazardous waste that may be notified by the Government, from time to time."; (4) after sub-section (5) as so amended, the following sub-sections shall be added, namely:— "(6) It shall be the duty of the owners and the occupiers of all land and buildings in the municipality to keep their premises neat and clean. (7) The bio-medical waste from hospitals, nursing homes, health care centres, clinics and diagnostic laboratories shall not be mixed with municipal solid waste. (8) The municipality shall establish a separate system for plastic waste management including scientific processing and disposal as may be prescribed. (9) The municipality shall require the manufacturers or sellers of electrical and electronic materials to establish collection centre or a collection point or both, either individually or jointly, to collect, dispose or recycle the e-waste as may be prescribed. (10) The municipality shall collect the construction and demolition waste arising out of a new construction, modification and alteration of buildings separately and store in a specified area or process it as per the rules as may be prescribed. The council shall levy fees or charges from every construction and demolition waste generator for collection, transportation, processing and disposal as may be prescribed. (11) Any premises having insanitary latrines shall be demolished by the municipality and recover the expenditure for such demolition as an arrear of land revenue. (12) No person shall spit in streets, public buildings or in any other public place.".

In section 176 of the principal Act,— (1) for sub-section (1), the following sub-section shall be substituted, namely:— "(1) The council may implement modern methods for collection, storage, transportation, scientific processing and disposal of solid waste as may be prescribed."; (2) after sub-section (2), the following sub-section shall be added, namely:— "(3) The bulk waste generators shall establish their own processing facility for disposal of solid waste generated from their premises. In default, the council may arrange for handling such waste generated by the bulk waste generators by collecting such fee as may be prescribed.".

The council may levy company tax at a rate not exceeding Rs. 10,000 per half-year, as the council may determine and collect such tax in such manner as may be prescribed.

In section 177 of the principal Act,— (1) in sub-section (2), for items (vi) and (vii), the following items shall be substituted, namely:— "(vi) as a public resort, or lodging house, or (vii) as a marriage hall or shopping mall, or (viii) as a religious place, ". (2) after sub-section (3) including the proviso thereto, the following sub-sections shall be added, namely:— "(4) No person or owner or occupier of any land or building shall litter or deposit solid waste or allow any filth to flow at any public place or open land or otherwise dispose off the carcass other than the place specified therefor. (5) The municipality shall arrange for disposal of solid waste generated from the religious places where a temple, mosque, church, mutt, or any other place of religious importance, or institution or any place used for religious purpose or fairs, festivals, mass events, exhibitions held within the municipal limit based on the request in writing from the person having control over such places with such charges as may be determined by the council. (6) The council shall levy user charges from all the waste generators within the limit of municipality for disposal of solid waste. (7) No person shall commit a nuisance by relieving himself or defecate or urinate in any street or public place. (8) The Commissioner shall levy spot fine as determined by the council, from time to time, on the defaulters. Such spot fines may be collected by officers, not below the rank of Sanitary Inspector duly authorized by the municipality in this behalf.".

Sections 92, 93 and 94 of the principal Act shall be omitted.

After Chapter X, the following Chapter shall be inserted, namely:— "CHAPTER X-A. FAECAL SLUDGE AND SEPTAGE. 179-A. Definitions.— For the purpose of this Chapter,— (a) "disposal facility" means the arrangement made for the scientific treatment and disposal of faecal sludge and septage, as may be prescribed; (b) "licencing authority", in relation to,— (i) a town panchayat, means the Executive Officer of the town panchayat; (ii) a municipal council or municipal corporation, means Commissioner of the municipal council or municipal corporation; (c) "faecal sludge" means raw or partially digested, in a slurry or semi solid form, of combinations of excreta and black water, with or without grey water; (d) "licencee" means any person who holds a licence granted under this Chapter; (e) "septage" means the liquid and solid material, that has accumulated or is contained, in a septic tank or cesspool; (f) "specified vehicle" means a vacuum truck or such other vehicle equipped with motorised pumps and storage tank of such specification, as may be approved, from time to time, under the Motor Vehicles Act, 1988 (Central Act 59 of 1988), for collecting and transporting faecal sludge and septage; (g) "worker" means any person engaged by a licencee for collection, transportation and disposal of faecal sludge and septage. 179-B. Licence for collection, transportation of faecal sludge and septage.— (1) No person shall collect, transport or dispose faecal sludge or septage from any building, whether used for residential or commercial or institutional purposes, within the municipal limits without a valid licence: Provided that no such licence is necessary for the collection, transportation and disposal of faecal sludge or septage by any local authority or statutory board of the Government. (2) Any person who intends to collect, transport or dispose faecal sludge or septage shall apply to the licencing authority for grant of licence in such form, containing such particulars, documents and with such fee not exceeding Rs. 2,000, as may be prescribed. (3) Within thirty days from the date of receipt of an application under sub-section (2), the licencing authority may either grant the licence subject to such terms and conditions, as may be prescribed or refuse to grant licence, by recording the reason therefor. (4) The licence granted under sub-section (3) shall be valid for a period of two years from the date of issue. (5) Application for renewal of licence shall be made to the licencing authority, thirty days before the date of its expiry, in such Form together with such fee not exceeding Rs. 2,000, as may be prescribed. (6) The time limit and procedure contained in sub-section (3) shall equally apply for renewal of licence. 179-C. Removal of faecal sludge and septage by owner or occupier.— The owner or occupier, as the case may be, of a building or part thereof located within the municipal limits shall,— (a) ensure construction of the septic tank or such on-site sanitation system conforming to the requirements of the National Building Code, 2016; (b) conduct regular desludging as per the design and operations requirement of the septic tank or the on-site sanitation system as per the National Building Code, 2016; (c) ensure that no person other than a licencee is engaged or caused to be engaged for the collection, transportation or disposal of faecal sludge and septage from his building; (d) ensure that no person is engaged or employed, either directly or indirectly for hazardous cleaning of a septic tank or on-site sanitation system, as prohibited in the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (Central Act 25 of 2013). 179-D. Duties of a licencee.— Every licencee shall,— (a) follow the terms and conditions in regard to the time, route and decantation place, as may be specified in the licence; (b) pay decantation fee not exceeding Rs. 500 per trip as may be prescribed, for usage of the disposal facility or the decantation place; (c) maintain a log book in the prescribed format for recording of each trip undertaken for collection, transportation and disposal of faecal sludge and septage and submit it to the licencing authority before the 10th day of every quarter in a year; (d) ensure that the specified vehicle is equipped with a Global Positioning System as may be prescribed and also ensure that the Global Positioning System instrument is functional and transmitting the data without any interruption. 179-E. Monitoring of desludging operations and prohibition of unsafe disposal.— (1) The licencing authority shall notify in the District Gazette and upload in the website or portal,- (a) the places for decanting the faecal sludge or septage; (b) the list of licencees and update them periodically; and (c) a mechanism for filing complaints or reporting violations against the licencees. (2) In the event of receipt of information of spillage of septage, the licencing authority shall immediately direct the licencee or the person in-charge of the specified vehicle to take action to contain the septage, minimise the environmental impact and remove all septage immediately from the site of spillage. (3) The licencing authority shall appoint such officers not lower in rank than that of Sanitary Inspector, to monitor the activities of the licencees within the municipal limits by means such as inspection or Global Positioning System fitted in the specified vehicles, to prevent disposal of faecal sludge and septage in places other than those identified for decanting. 179-F. Penalties.— If any person contravenes or fails to comply with, any of the provisions of this Chapter or the rules made under this Act or of the terms and conditions subject to which the licence has been granted, shall be punishable for the first offence with fine, which may extend to Rs. 25,000 and for the second or any subsequent offence, which may extend to Rs. 50,000. 179-G. Power to suspend or cancel licence.— (1) The licencing authority may suspend the licence, if the licencee commits breach of any of the terms and conditions of licence or any of the provisions of this Chapter. (2) The licencing authority may cancel the licence, if the licencee is imposed with penalty for the second offence under this Chapter: Provided that before passing an order of cancellation of licence, an opportunity of making a representation within a period of fifteen days shall be given to the licencee. 179-H. Power to seize and confiscate vehicles, articles, etc.— (1) Notwithstanding anything contained in this Act or in any other law for the time being in force, where an offence under this Chapter is believed to have been or is being committed, any officer, not lower in rank than that of a Tahsildar in Revenue department in the case of a town panchayat, the Commissioner in the case of a municipal council and any officer not lower in rank than that of an Assistant Commissioner in the case of a municipal corporation, may seize any vehicle or other articles including motor, pump, tube, tool or equipment used for the commission of such offence and shall without unreasonable delay, produce the same before the officer, authorised in this behalf by the Government. (2) Where any such vehicle or other article is produced before the authorised officer and if he is satisfied that an offence under this Chapter has been committed, the authorised officer may, whether or not prosecution is instituted for such offence, he may, without prejudice to any other penalty to which the offender is liable under this Chapter, order confiscation of the vehicle or the articles so seized: Provided that before passing an order of confiscation, the owner or the person from whom such vehicle or article is seized, shall be given— (a) notice in writing informing him of the grounds on which it is proposed to confiscate; (b) an opportunity of making a representation in writing and an opportunity of being heard in the matter. (3) Where the authorised officer, after passing an order of confiscation under sub-section (2), is of the opinion that it is expedient in the public interest so to do, he may order the confiscated vehicle or the articles, to be sold by public auction. (4) Where any confiscated property is sold under sub-section (3), and where the order of confiscation made under this section is set aside or annulled by an order under section 179-I, the proceeds of such sale, after deduction of the expenses of, or incidental to, such auction, shall be paid to the owner thereof or to the person from whom it was seized, as may be specified in such order. 179-I. Appeal.— (1) Any person aggrieved by an order made under this Chapter may appeal within such period and in such manner, and to such authority as may be prescribed. (2) In deciding the appeal, the authority specified under sub-section (1) shall follow such procedure, as may be prescribed, and the decision of such authority on such appeal shall be final and shall not be called in question in any Court of law.".

In section 180 of the principal Act,— (1) for the expression "ten thousand rupees", the expression "twenty-five thousand rupees" shall be substituted; (2) in the proviso, for the expression "five hundred rupees", the expression "one thousand rupees" shall be substituted.

(1) Notwithstanding anything contained in the Indian Tolls Act, 1851, the Council may levy tolls in respect of,— (a) any road or bridge made, improved, repaired solely at the expense of the municipality ; or (b) any road or bridge made, improved or repaired at the expense of any person or body or association of individuals, whether incorporated or not : Provided that the total expenditure incurred on the road or bridge shall not be below such limit, if any, as the Council may, by by-laws, determine. (2) The tolls shall be levied and collected at such rates and on such period not exceeding the maximum and in accordance with the procedure, as may be prescribed,— (a) in the case of tolls levied under clause (a) of sub-section (1) for the recovery of the amounts expended upon the road or bridge by the municipality ; (b) in the case or tolls levied under clause (b) of sub-section (1) for the recovery of the amount expended upon any road or bridge by the person or body or association of individuals concerned, together with interest thereon at such rate as the Government may fix and such other amount as the Government may.

No tolls shall be paid for the passage of,— (a) police officers on duty or of any person or vehicle in their custody; (b) vehicles owned or controlled by the Central or State Government including defence vehicles; and (c) any person or class of persons or any vehicle or class of vehicles with person on board, as the Council may, by general or special resolution, specify in this behalf.

For section 97 of the principal Act, the following section shall be substituted, namely:— “97. Power to assess escaped assessment.— Notwithstanding anything to the contrary contained in this Act or the rules made thereunder, if for any reason any person liable to pay any of the taxes or fees leviable under this Chapter has escaped assessment in any half-year or year or has been assessed in any half-year or year at a rate lower than the rate at which he is assessable, or in the case of property tax has not been duly assessed in any half-year or year consequent on the building or land concerned having escaped proper assessment, the Commissioner may, at any time, serve on such person a notice assessing him to the tax or fee due and demanding payment thereof within fifteen days from the date of such service of notice and the provisions of this Act and the rules made thereunder shall, so far as may be, apply as if the assessment was made in the half-year or year to which tax or fee relates: Provided that no arrears of tax or fee shall be collected for more than last six years.”.

(1) The Commissioner may, on his own motion or on an application made at any time within six months from the date of any order passed by him, rectify any error apparent on the face of the record: provided that no such rectification which has the effect of enhancing an assessment, shall be made unless such authority has given notice to the assessee and has allowed him a reasonable opportunity of being heard. (2) Where such rectification has the effect of reducing an assessment, the excess amount if any paid by the assessee shall be adjusted towards any tax that may accrue in future.

(1) Where a person fails to pay the property tax within the time specified, the commissioner shall impose upon him, by way of fine a sum as fixed by the Council in this behalf in accordance with such rates as may be prescribed (2) On verification of the return filed by the owner or occupier of the building or land after the issue of the property tax book, the Commissioner may, if he is satisfied that the owner or occupier willfully filed false return, the Commissioner may cause reassessment of such property and direct the owner or occupier to Pay, in addition to the tax assessed by way of fine, a sum which shall be one hundred per cent of the difference in the tax due: Provided that no fine under this sub-section shall be imposed unless the owner or occupier affected has had a reasonable opportunity of showing cause against such imposition.

(1) in sub-section (1),– (a) in clause (ii), for the expression “municipality”, the expression “municipal council” shall be substituted; (b) after clause (ii), the following clause shall be inserted, namely:— “(iii) for every municipal corporation, consisting of the Chairperson of the council who shall also be the Chairman of the Taxation Appeals Committee and nine Councillors elected by the council with nine officials as may be notified by the Government.”; (c) in the proviso, for the expression “or the municipality”, the expression “the municipal council or the municipal corporation” shall be substituted; (2) to sub-section (3), the following provisos shall be added, namely:– “Provided that on and from the date of commencement of the Tamil Nadu Urban Local Bodies (Amendment) Act, 2022, all matters and proceedings pending before the Taxation Appeals Tribunal constituted under the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu IV of 1919) on the said date, shall stand transferred to the Chennai City Civil Court or the Principal District Judge having jurisdiction over the area of the Chennai City Municipal Corporation and Chennai city civil court or the Principal District Judge shall proceed to deal with such matter or proceeding from the stage at which it is transferred or from any earlier stage or de novo as the Chennai City Civil Court or the Principal District Judge may deem fit: Provided further that an interim or interlocutory order granted by the Taxation Appeals Tribunal shall continue to be in operation unless the Chennai City Civil Court or the Principal District Judge by an order varies or modifies the same.”; (3) in sub-section (4), for the expression “town panchayat or municipality” occurring in two places, the expression “town panchayat, municipal council or municipal corporation” shall be substituted.

(1) There shall be one or more Taxation Appeals Tribunals (hereafter in this section referred to as "the Tribunal") for the corporation for hearing and disposing of an appeal preferred by any person who is not satisfied with the assessment order made by the Commissioner under this Act other than the orders relating to the transfer duty. (2) The Tribunal shall consist of a Judicial Officer who is or has been a Civil Judge. (Senior Division/Chief Judicial Magistrate). (3) The terms and conditions of the Tribunal shall be such as may be determined by the Government. (4) The salary and other allowances payable to the Tribunal shall be borne from the fund of the corporation. (6) (i) Every appeal filed under this section shall be entered in a register maintained for this purpose by the Tribunal. (ii) The Tribunal shall give to person filing an appeal written notice of the place, date and time of hearing the appeals. (v) The gist of the order passed in an appeal shall be recorded in the register which shall be duly attested by the Tribunal and a copy of the order shall be supplied within ten days from the date of passing of the order to the appellant. (9) where as a result of any order passed in appeal, any amount already deposited is in excess of the tax due, the difference after deducting the tax due shall be adjusted towards the tax and fine due, in respect of any other period, to the corporation.

In section 102 of the principal Act, for sub-section (3), the following sub-section and Explanation shall be substituted, namely:— “(3) On receipt of such application, the Commissioner shall, if the application is in order, grant licence: Provided that the Commissioner may inspect the place in which the trade or business is to be carried, if considered necessary: Provided further that no application for grant of licence shall be refused without giving a reasonable opportunity of being heard: Provided also that if the application is not disposed of within a period of sixty days from the date of its receipt, the licence applied therein shall be deemed to have been gratned on expiry of the said period. Explanation.— For the purpose of this Chapter, the expression ‘trade or business’ shall mean any category of shop, establishment, factory or industry, as may be notified by the Government, from time to time.”.

The Commissioner may carry out a randomised inspection of any trade or business for which licence has been granted under this Chapter in such manner as may be prescribed.

(1) The Council may determine the licence fee subject to such minimum and maximum rates as may be prescribed having regard to the nature of trade or business or any other relevant factors for the grant of licence. (2) The Council shall review the licence fees fixed for any trade or business once in three years and shall increase the fee payable in relation to such licence subject to the minimum and maximum rate prescribed by the Government. (3) Every licence shall be issued with a licence card containing details relating to the said licence and on payment of such fee as may be prescribed. (4) The Commissioner may suspend or cancel any licence if he is satisfied that any of the provisions of this Act or rules made thereunder or the terms and conditions subject to which the licence has been granted, are violated by the licencee.

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 such rule, bye-law or regulation in respect of any place in the occupation or under the control of the Government or the Central Government or of a market committee established or deemed to be established under the Tamil Nadu Agricultural Produce Marketing (Regulation) Act, 1987, or in respect of any property belonging to the Government or the Central Government or to such market committee.

(1) No person shall keep or cause to be kept or permit the keeping of such animal or bird, as may be specified by the Government in this behalf, by notification in any municipal area, or part thereof after the expiry of a period of three months from the date of such notification, except under, and in accordance with the conditions of a licence. (2) Any person desirous of obtaining or renewing a licence shall apply to the Commissioner in such form, in such a manner and on payment of such fee, as may be prescribed. (3) On receipt of an application under sub-section (2), the Commissioner may, by order, after holding such inquiry as he deems fit, grant or renew the licence or, for reasons to be recorded in writing, refuse to grant or renew the licence after giving a reasonable opportunity of being heard.

(1) No person shall milk or cause or permit to be milked any cow or buffalo or other animal in any public street or place. (2) No person shall allow any animal to be strayed in any public street or public places. (3) Notwithstanding anything contained in any other law for the time being in force, the Commissioner may cause to remove and impound any animal being milked or any animal found straying in any public street or other public place in accordance with such rule as may be prescribed.

(1) No person shall keep any dog or pig without a licence granted by the Commissioner in accordance with such rules as may be prescribed. (2) Any dog or pig found straying in a public street or public place may be summarily destroyed by any person authorised in this behalf in writing by the Commissioner.

(1) All markets which are acquired, constructed, repaired or maintained out of the municipal fund shall be deemed to be public markets. (2) Notwithstanding anything contained in any other law for the time being in force, the Council shall establish any place to be used as a public market for sale or purchase of any commodities within the municipal limit and shall collect such fees from any person using the place so established as a market and, different fees may be collected for different commodities as may be fixed by the Council in accordance with such rules. (3) The Council may, with the sanction of the Government, close any public market. (4) No private market shall be established or administered by any person or association of persons or any organisation without any licence granted by the Council, for such period and subject to such terms and conditions as may be prescribed. (5) Any person or association of persons or any organisation desiring to obtain or renew a licence to establish or administer any private market shall apply to the Commissioner in such form and in such manner and accompanied by such fee as may be prescribed. (7) The Commissioner shall have the power to inspect or cause an inspection to be made by any officer authorised by him in this behalf and if he is satisfied that there is violation of any provisions of this Act or the rules made thereunder or any of the terms and conditions specified in the licence, he may direct, such person to effect any change or to suspend or to close the business either partly or fully: Provided that the Commissioner shall give a reasonable time for complying with such direction.

(1) No place shall be used as a spa and massage parlour within the municipal limit without a licence granted by the Commissioner. (2) Any person desirous to carry on spa and massage parlour shall apply to the Commissioner for obtaining licence in such Form, in such manner and on payment of such fee, as may be prescribed. (3) On receipt of an application under sub-section (2), the Commissioner may, by order, after holding such inquiry as he deems fit, grant the licence or, for reasons to be recorded in writing, refuse to grant the licence after giving a reasonable opportunity of being heard. Such licence may be renewed for a period not exceeding the period for which it was granted.

(1) No enclosed place or building shall be used for public resort or entertainment within the municipal limit other than in a Corporation limit without a licence issued by the Commissioner in the manner prescribed: Provided that nothing contained in this section shall apply to any church, temple, mosque, or other places of worship. (3) On receipt of an application under sub-section (2) the Commissioner may, by order, after holding such enquiry as he deems fit, grant or renew a licence or for reasons to be recorded in writing refuse to grant or renew the licence after giving a reasonable opportunity of being heard.

(1) The Council may for the convenience of the general public provide and maintain necessary stand and shelter to be used as halting places for vehicles and charge such fee as the Council may fix in accordance with such rules as may be prescribed. (2) No person shall establish or maintain a private stand or shelter for vehicles and collect fees from the public unless he obtains a licence from the commissioner to do so in accordance with such rules as may be prescribed. Explanation.—For the purpose of this section, the term "vehicle" shall include two wheelers and bicycles also.

(1) The Council may levy charges on every motor vehicle entering into any pilgrim or tourist resorts in any municipal areas for any specified period or through out the year, and different rates may be specified for different types of motor vehicles having regard to the local conditions and the services rendered by the municipality during such period.

(1) The Council may construct or provide and maintain public wash houses or places for washing of clothes and may charge such rent for use of such places in accordance with such rules as may by prescribed. (2) The Council shall so far as the funds at its disposal may admit, provide and maintain, in proper and convenient places sufficient number of public bath rooms, latrines and urinals for the use of public and the Commissioner may collect for the use of such places, such fees as may be fixed by the Council in accordance with the rules prescribed. (4) Such private persons or organisation or establishment shall be entitled to collect from the users of such places such fee as may be determined by the Council. (5) The Council may regulate the maintenance of the private bathrooms, latrines and urinals for the use of public in such manner as may be prescribed.

(1) The Council shall provide sufficient number of places to be used as slaughter houses and the Commissioner may charge and levy such rent and fees for their use in accordance with such rules as may be prescribed. (2) No person shall establish or maintain or use a private slaughter house or use any placq for processing any skin of a e a l s or carcasses without a licence granted by the Commissioner in accordance with such rules as may be prescribed.

Section 114 of the principal Act shall be renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered, the following sub-section shall be added, namely:— “(2) In case the licencee continues to violate the conditions of licence, or disobeys the order passed under sub-section (1), the Commissioner may cause the premises of the business to be locked and sealed and also initiate criminal action therefor.”.

If under this Act, or any rule, bye-law or regulation made thereunder, licence or permission is necessary for doing of any act and if such act is done without such licence or permission or in a manner inconsistent with the terms of any such licence or permission then, save as otherwise provided for in this Act,-- (a) the Commissioner may, by notice, require the person 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; (b) the Commissioner or any officer duly authorized by him may also enter into or on any building or land where such act is done and take all such steps as may be necessary to prevent the continuance of such act; and (c) the person doing such act shall be liable on conviction before a Judicial Magistrate to a fine not exceeding Rs. 25,000 for every such offence.

(1) Any person aggrieved by the order of the Commissioner in refusing to grant or renew a licence or cancelling or suspending a licence may appeal to the Director within thirty days from the date of receipt of the order appealed against. (2) The appeal shall be in such form and in such manner and accompany with such fee, as :-lv be prescribed. (3) The Director shall have the power to cause inspection and nlay either grant or withhold the licence or such other order as he thinks ilt.

Without prejudice to institution of any proceedings for an offence under this Act or for the recovery of the entire amount by way of tax, liceiice, fees, costs, damages, compensation, charges, expenses, rents (not being rents for lands and buildings devibed by the Council) or ~~enslty or other sums which under this Act or aqy rule made thereunder' are due or any other amount remaining unpaid, such amount shall be a charge on the properties of such person and shall be recovered, as if, it were an arrear of land revenue.

(1) If the amount due on account of any tax is not paid within fifteen days from the date of the service of notice and if the person from whom the tax is due has not shown cause to the satisfaction of the Commissioner why it should not be paid, the Commissioner may, by following such procedure as may be prescribed, recover by distraint under his warrant and sale of the movable and immovable property of the defaulter or if the defaulter is the occupier of any building or land in respect of which a tax is due, by distress and sale of any movable property which may be found in or on such building or land, the amount due on account of the tax together with such further sums as will satisfy the probable charges that will be incurred in connection with the detention and sale of the property so distrained: Provided that the movable property described in the proviso to sub-section (1) of Section 60 of the Code of Civil Procedure, 1908 (Central Act V of 1908), shall not be liable to distraint. (2) If for any reason the distraint, or sufficient distraint, of the defaulter’s property is impracticable, the Commissioner may prosecute the defaulter before a Judicial Magistrate. (3) Nothing herein contained shall preclude the Municipality from suing in a civil court for the recovery of any tax, duty or other amount due to it under this Act.

Subject t6 such restriction and control as may be prescribed, a munici- pality may write-off of any tax, fee or other amount whatsoever due to it, whether under a contract or otherwisr, or any sum payable in .connection therewith: if in its opinion such tax, fee, amount or sum is irrecoverable: Provided that where the Coln~nissioner or any of his subordinates is responsible for the collection of any tax, fee or other amount due to it municipality the power to'write-off cf such tax, fee or amount or any sum payable in connection therewith, on the ground of its being irrecoverable, shall be exercised by the Director or subject to his contro by any officer authorised by him.

For the purposes of this Chapter,- (a) "employee" means a person employed on salary and includes,- (i) a Government servant receiving pay from the revenue of the Central Government or any State Government; (ii) a person in the service of a body whether incorporated or not, which is owned or controlled by the Central Government or any State Government, where such body operates within the municipal area even though its headquarters may be outside the municipal area; and (iii) a person engaged in any employment by an employer, not covered by sub-clauses (i) and (ii); (b) "employer" in relation to an employee earning any salary on a regular basis under him means, the person or the officer who is responsible for disbursement of such salary and includes the head of the office or any establishment as well as the Manager, or Agent of the employer; (c) "half-year" shall be from the 1st day of April to the 30th day of September and from the 1st day of October to the 31st day of March of a year; (d) "month" means a calendar month; (e) "person" means any person who is engaged actively or otherwise in any profession, trade, calling or employment in the State of Tamil Nadu and includes a Hindu undivided family, firm, company, corporation or other corporate body, any society, club, body of persons or association, so engaged, but does not include any person employed on a casual basis; (f) "tax" means the tax on profession, trade, calling and employment levied under this Chapter.

(1) There shall be levied by the council a tax on profession, trade, calling and employment. (2) Every company which transact business and every person, who is engaged actively or otherwise in any profession, trade, calling or employment within the municipal area on the first day of the half-year for which return is filed, shall pay half-yearly tax at the rates specified in the Table below in such manner as may be prescribed: (Table omitted) (3) The rate of tax payable under sub-section (2) shall be published by the Commissioner in such manner as may be prescribed. (4) Where a company or person proves that it or he has paid the sum due on account of the tax levied under this Chapter or any tax of the nature of a profession tax imposed under the Cantonments Act, 1924 for the same half-year to any local authority or cantonment authority in the State of Tamil Nadu, such company or person shall not be liable by reason merely of change of place of business, exercise of profession, trade, calling or employment, or residence, to pay the tax to any other local authority or cantonment authority. (5) The tax leviable from a firm, association or Hindu undivided family may be levied on any adult member of the firm, association or family. (6) Where a person doing the same business in the same name in one or more places within the municipal area, the income of such business in all places within the municipal area shall be computed for the purpose of levy of tax and such person shall pay the tax in accordance with the provisions of this Chapter. (7) Where any company, a corporate body, society, firm, body of persons or association pays the tax under this Chapter, any director, partner or member, as the case may be, of such company, corporate body, society, firm, body of persons or association shall not be liable to pay tax under this Chapter, for the income derived by such director, partner or member from such company, corporate body, society, firm, body of persons or association: Provided that such director, partner or member shall be liable to pay tax under this Chapter for the income derived from other sources. (8) Every person who is liable to pay tax, other than a person earning salary or wage shall furnish to the Commissioner a return in such form, for such period within such date and in such manner as may be prescribed: Provided that subject to the provisions of sub-sections (10) and (11), such person may make a self-assessment on the basis of average half-yearly income of the previous financial year and the return filed by him shall be accepted without calling for the accounts and without any inspection. (9) Every such return shall accompany with the proof of payment of the full amount of tax due according to the return and a return without such proof of payment shall not be deemed to have been duly filed. (10) Notwithstanding anything contained in the proviso to sub-section (8), the Commissioner may select ten per cent of the total number of such assessment in such manner as may be prescribed for the purpose of detailed scrutiny regarding the correctness of the return submitted by a person in this connection and in such cases final assessment order shall be passed in accordance with the provisions of this Chapter. (11) If no return is submitted by any person under sub-section (8) within the prescribed period or if the return submitted by him appears to the Commissioner to be incomplete or incorrect, the Commissioner shall, after making such enquiry as he may consider necessary, assess such person to the best of his judgment: Provided that before taking action under this sub-section, the person shall be given a reasonable opportunity of proving the correctness or completeness of any return submitted by him. (12) Every person who is liable to pay tax under this section, other than a person earning salary or wage,- (a) shall be issued with a pass book containing such details relating to such payment of tax as may be prescribed and if the pass book is lost or accidentally destroyed, the Commissioner may, on an application made by the person accompanied by such fee as may be fixed by the Council, issue to such person a duplicate of the pass book.; (b) shall be allotted a permanent account number and such person shall,- (i) quote such number in all his returns to, or correspondence with, the Commissioner; (ii) quote such number in all chalans for the payment of any sum due under this Chapter. (13) The rate of tax specified under sub-section (2) shall be revised by the Council once in every five years and such revision of tax shall be increased not less than twenty-five per cent and not more than thirty-five per cent of the tax levied immediately before the date of revision.

The tax payable by any person earning a salary or wage shall be deducted by his employer from the salary payable to such person, before such salary or wage is paid to him, in such manner as may be prescribed and such employer shall, irrespective of whether such deduction has been made or not when the salary or wage is paid to such person, be liable to pay tax on behalf of such person: Provided that if the employer is an Officer of the State or Central Government, the Government may, notwithstanding anything contained in this Chapter, prescribe the manner in which such employer shall discharge the said liability.

(1) Every employer liable to pay tax under this Chapter shall file a return to the Commissioner, in such form, for such period and by such rate as may be prescribed, showing therein the salaries paid by him to the employees and the amount of tax deducted by him in respect of such employees.

(1) The Commissioner, if satisfied that any return filed by any employer under sub-section (1) of section 117-D is correct ard complete, shall accept the return. (2) Where an employer has failed to file any return under sub-section (1) of section 117-D within the time or if the return filed by him appears to the Commissioner to be incorrect or incomplete, the Commissioner shall, after making such enquiry as he considers necessary, determine the tax due and assess the employer to the best of his judgment and issue a notice of demand for the tax so assessed: Provided that before assessing the tax due, the Commissioner shall give the employer a reasonable opportunity of being heard.

(1) In addition to the tax assessed under sub-section (1) of section 117-B or sub-section (2) of section 117-E in the case of submission of incorrect or incomplete return, the Commissioner shall direct the person or employer to pay by way of penalty of one hundred per cent of the difference of the tax assessed and the tax paid as per return: Provided that no penalty under this sub-section shall be imposed after the period of three years from the date of the order of the assessment under this Chapter and unless the person affected has had a reasonable opportunity of showing cause against such imposition. (2) On any amount remaining unpaid after the dates specified for its payment the person or employer shall pay, in addition to the amount due, interest at such rate not exceeding one percent per mensem of such amount for the entire period of default, as may be prescribed.

(1) Any person or employer aggrieved by any order or decision of the Commissioner in relation to the payment of tax (including penalty, fee, and interest) may, within such time as may be prescribed, appeal,-- (a) to the Taxation Appeals Tribunal, in the case of Corporation; (b) to the Taxation Appeals Committee, in the case of municipality or town panchayat. (2) The decision of the Taxation Appeals Tribunal or the Taxation Appeals Committee, as the case may be, shall be final and shall not be questioned in any court of law: Provided that no such decision shall be made except after giving the person affected a reasonable opportunity of being heard.

Nothing contained in this Chapter shall apply to,-- (a) the members of the Armed Forces of the Union serving in any part of this State, to whom the provisions of the Army Act, 1950, the Air Force Act, 1950 or the Navy Act, 1957 applies; (b) the members of the Central Reserve Police Force to whom the Central Reserve Police Force Act, 1949 applies and serving in any part of this State; (c) physically disabled persons with total disability in one or both the hands or legs, spastics, totally dumb or deaf persons or totally blind persons: Provided that such physical disability shall be duly certified by a Registered Medical Practitioner in the service of the Government not below the rank of a Civil Surgeon; (d) the members of the Central Industrial Security Force to whom the Central Industrial Security Force Act, 1968 applies and serving in any part of this State.

(1) Notwithstanding the repeal of the Tamil Nadu Tax on Professions, Trades, Callings and Employments Act, 1992 (hereafter in this section referred to as the 1992 Act) by the Tamil Nadu Municipal Laws (Second Amendment) Act, 1998 (Tamil Nadu Act 59 of 1998), the rates of tax on professions, trades, callings and employments specified in the Schedule to the 1992 Act shall continue to apply for the period commencing on the 1st day of April 1992 and ending with the 30th day of September 1998 for the levy and collection of such tax for the said period, where the tax due under the 1992 Act has not been paid for the said period. (2) The provisions of this chapter, other than the rates of tax specified in sub-section (2) of section 117-B and the provisions relating to penalty and interest, shall mutatis mutandis apply to the levy and collection of tax for the period mentioned in sub-section (1). (3) The arrears of tax under the 1992 Act shall be paid in six equal half-yearly instalments in such manner and within such period as may be prescribed.

In this Chapter,— (a) "digital banner" means any screen of boards, at any place, whether public or private used or intended to be used for exhibiting any advertisement or any information in connection with marriage, religious ceremony, birth or death anniversary or meeting or conference of any political, religious or communal organization, promotion of business, designed and printed using electronic printing technology; (b) "hoarding" means any screen of boards or any other structure other than digital banner and placard, at any place, whether public or private used or intended to be used for exhibiting advertisement, including the frame work or other support, erected, wholly or in part upon or over any land, building, wall or structure, or vehicle visible to public wholly or partly; (c) "placard" means any screen of boards, the size of which is not exceeding eight feet in height and four feet in breadth, at any place, whether public or private, used or intended to be used for exhibiting any advertisement or any information in connection with marriage, religious ceremony, birth or death anniversary or meeting or conference of any political, religious or communal organization, promotion of business, designed and printed using electronic printing technology.

(1) No hoarding shall be erected at any place by any person without obtaining a licence from the Commissioner. (2) Every application for licence under sub-section (1) shall be made to the Commissioner in such Form, containing such particulars, with such application fee, as may be prescribed. (3) The Commissioner may, after local inspection and on payment of such licence fee not exceeding Rs. 20,000 per square metre per year as may be prescribed, grant a licence with such conditions as may be prescribed. (4) The Commissioner may refuse to grant licence for reasons to be recorded in writing: Provided that a licence shall not be refused unless the applicant has been given an opportunity for making his representation. (5) Every licence granted under sub-section (3) shall be valid for a period of three years and may be renewed. (6) The fee paid under sub-sections (2) and (3) shall be credited to the account of the municipality concerned, in such manner as may be prescribed.

(1) No digital banner or placard for exhibiting any advertisement or information shall be erected by any person without obtaining prior permission from the Commissioner. (2) Every application for permission under sub-section (1), shall be made in writing, to the Commissioner fifteen days prior to the date of erection of digital banner or placard in such Form, containing such particulars with such fee, not exceeding Rs. 10,000 per placard or digital banner as may be prescribed. (3) The permission for erection of digital banner or placard may be granted for such purpose and for such period, not exceeding six days and subject to such conditions as may be specified by the Commissioner. (4) The Commissioner may refuse to grant permission for reasons to be recorded in writing. (5) Every person who has erected the digital banner or placard after obtaining the permission, shall, on expiry of such permission, remove the same and dispose it, without causing any hazard to health or environment, in such manner as may be prescribed.

(1) Without prejudice to any other penalty to which the licencee may be liable under this Chapter, the Commissioner may, at any time, by order in writing, cancel or suspend any licence granted or renewed under section 117-L, if— (a) such licence has been obtained by fraud, misrepresentation or suppression of material particulars; or (b) the licencee has contravened any of the provisions of this Chapter or the rules made thereunder or any of the condition, subject to which the licence was granted. (2) Before canceling a licence under sub-section (1), the Commissioner shall give the licencee, an opportunity of making his representation.

Any hoarding erected without licence or any digital banner or placard erected without permission, shall be confiscated and removed by the Commissioner without giving any notice and recover the cost of removal from the person who has erected the unauthorized hoarding, digital banner or placard, as an arrear of land revenue.

(1) Where any hoarding or digital banner or placard is retained after the expiry of the licence or the period of permission, as the case may be, or erected contrary to the conditions of the licence or the permission, as the case may be, the Commissioner may, by notice in writing, require the licencee or the permit holder to remove such hoarding or digital banner or placard within such time as may be prescribed. (2) Where the hoarding or digital banner or placard is not removed within the time specified in the notice, the Commissioner shall, without further notice, remove the same and recover the cost of removal from the person concerned as an arrear of land revenue.

Nothing contained in this Chapter shall apply to any hoarding, digital banner or placard on which is exhibited any advertisement which relates to,— (a) the trade or business carried on within the land or building upon or over which such hoarding, digital banner or placard is erected or to any sale or letting of such land or building or any effects therein or to any sale, entertainment or meeting to be held upon or in such land or building; (b) the name of the land or building, upon or over which the hoarding, digital banner or placard is erected or to the name of the owner or occupier of such land or building: Provided that the exemption under this section shall be subject to such size and nature of the hoarding, digital banner or placard, as may be prescribed.

(1) An appeal shall lie to such authority as may be notified by the Government, from an order of refusal to grant or renew a licence or cancelling or refusing to give permission by the Commissioner under this Chapter within thirty days from the date of receipt of the order. (2) The appeal shall be in such Form and in such manner and shall be accompanied with such fee, as may be prescribed. (3) On receipt of such appeal, the appellate authority may, after making such inquiry as may be necessary and giving a reasonable opportunity to the appellant to be heard, pass such order as it deems fit.

For section 117-S of the principal Act, the following section shall be substituted, namely:– “117-S. Power to grant rights to advertise and to build or maintain public asset in properties vested with the municipality.— (1) Subject to the provisions of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959 (Tamil Nadu Act 2 of 1959) or any other law for the time being in force, the Commissioner may grant right to any person or a class of persons or any institution or organisation,— (a) to display advertisement on contract; or (b) to build or maintain a public asset by public private partnership basis, by inviting tenders under the provisions of the Tamil Nadu Transparency in Tenders Act, 1998 (Tamil Nadu Act 43 of 1998). (2) Any amount paid to the municipality under sub-section (1) shall be in addition to, and distinct from, the licence fee to be paid under section 117-L or section 117-M, as the case may be. (3) Notwithstanding anything contained in this section, the council may allow any person or a class of persons or any institution or organisation that maintains a public asset belonging to, or vested with, the municipality at its own cost, to display their own advertisement.”.

Notwithstanding anything contained in this Act or in any other law for the time being in force or in any judgment, decree or order of any court, tribunal or other authority,— (a) (i) where any hoarding (other than traffic sign and road sign) visible to the traffic on the road is hazardous and disturbance to the safe traffic movement, so as to adversely affect free and safe flow of traffic and which is in existence, the Commissioner shall by notice in writing, require the licencee or any person in possession, of such hoarding, to remove such hoarding within such time as may be specified in the notice: Provided that such time shall not be less than fifteen days from the date of issue of such notice; (ii) where the hoarding referred to in sub-clause (i) is not removed within the time specified in the notice, the Commissioner shall, without further notice, remove such hoarding and recover the cost of removal from the person concerned as an arrear of land revenue; (b) (i) where the Commissioner is satisfied that the erection of any hoarding or the erection of digital banner or placard (other than traffic sign and road sign) visible to the traffic on the road is hazardous and disturbance to the safe traffic movement so as to adversely affect free and safe flow of traffic, he shall not grant any licence or permission under section 117-L or 117-M, as the case may be; (ii) where any hoarding, or digital banner or placard is erected in contravention of sub-clause (i), it shall be confiscated and removed by the Commissioner without any notice and recover the cost of removal from the person concerned as an arrear of land revenue.

Whoever contravenes any of the provisions of this Chapter or any rule or order made thereunder or obstructs lawful exercise of any power conferred by or under this Chapter shall be punished with imprisonment for a term which may extend to three years or with fine which may extend to Rs. 25,000 or with both: Provided that whoever erects any digital banner or placard without the permission of the Commissioner, shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to Rs. 5,000 or with both.

(1) All public streets with the pavements stones, and other materials thereof, and all works, materials and other things provided for such street, tunnel, sub-way, fly overs, squares, roads, road margins, pathway, culverts, parks, gardens and all other poramboke lands (not being the property of, and kept under the control of the State Government or the Central Government) including the soil, sub-soil and the drains, sewers, culverts, footways, trees, stones and other materials, implements and other things in such streets and other public places, which are situated within a municipal limit shall vest in that municipality. (2) The Government may, by notification, withdraw any such street, sewer, drain, street light, drainage work, sub-way, fly-over, tunnel, culvert or tree from the control of the municipality. (3) The municipality shall maintain all public streets and other places and trees referred to in sub-section (1) and do all things necessary for such purposes including the construction and maintenance of the bridges, causeways, culverts, drains and sewers and the lighting, watering and scavenging of such streets. (4) Notwithstanding anything contained in sub-section (2), it shall be lawful for the Council to provide any lighting system in any public place through any agency approved by the Director. (5) The Council may, acquire any land required for the purpose of widening, opening, extending or otherwise improving any public street or for forming any new public street and for any other purposes connected therewith. (6) When any building or other structure or any fixture in any form attached to a building causes a projection, encroachment or obstruction over any public street or other public places vested in the municipality, the Commissioner may in accordance with such by-laws made by the Council for this purpose, by a written notice, require the owner or the occupier of the building to remove such encroachment or obstruction.

(1) No person shall construct any portion of any building within a street alignment prescribed by by-laws provided however that the Commissioner may in his discretion permit additions to a building to be made within a street alignment, if such additions merely add to the height and rest upon an existing building or wall, upon the owner of the building executing an agreement binding himself and his successors-in-interest— (a) not to claim compensation in the event of the Commissioner at any time thereafter calling upon him or such successors to remove any building erected or added to in pursuance of such permission or any portion thereof; and (b) to pay the expenses of such removal : Provided that the Commissioner shall, in every case, in which he gives permission, report his reasons in writing to the Council. (2) If the Commissioner refuses to grant permission to erect or add to any building on the ground that the proposed site falls wholly or in part within a street alignment prescribed by by-laws and if such site or the portion thereof which falls within such alignment be not acquired on behalf of the municipality within three years after the date of such refusal, the municipality shall pay compensation to the owner of the site on an application made by him. (3) No person shall erect or add to any building between a street alignment and a building line prescribed by by-laws except with the permission of the Commissioner who may when granting permission impose such condition as the Council may lay down for such cases.

(1) If the owner of any land utilises, 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 case as the site or sites may abut on an existing public or private street, lay out and make a street or streets giving access to the site or sites and connecting with an existing public or private street : Provided that the making of a street or streets shall conform to the plans prepared by the authority under the Tamil Nadu Town and Country Planning Act, 1971. (2) Any person intending to lay out or make new private street, shall send to the Commissioner a written application with plans and other details showing the following particulars, namely :— (a) the intended level, direction and width of the street, (b) the street alignment and the building line, and

In section 122 of the principal Act, for the expression “the Tamil Nadu Slum Clearance Board”, the expression “the Tamil Nadu Urban Habitat Development Board”, shall be substituted.

(1) The Commissioner may grant licence for any person or any authority to put up any temporary closure or strllture of temporary nature in any street or public place for conducting any function or activity of a public nature or for any other spec~al reasons tcl, be recorded in writing anti subject to such terms and conditions and on payment of such fees as may be prescribed. (2) The Commissioner may grant a licence, subject to such condition and restr1;tions as may think fit, for the temporary erection of pandals and other erructures in a public street vested in the Council or in any other public place the con- trol of which is vested in the Counc~l, (3) The Commissioner, subject to approval of the Council, may P n t a itcc~ce subject to such conditions and restrictions as it may think "t. 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 strcetc, in which construction of arcades has been sanctioned by the council, to put up an arcade or to construct any stcpof drain-covering necessary for access to the premises. (4) The Council may grant licence for use of the road sides and street ?gins vested in the municipality on such terms and conditions and for such pcriod as may tie prescribed ; Provided that neither a licence under sub-sectio~ (I), (2) and (3) .nor a ltatnce under subsection (1) shall be granted if the projection, constru.ctlon or occupation is likely to be injurious to the health or cause public inconvenience Of otherwise materially interfere with the use of the road 9s such. (5) On the expiry of any perid for which a licence has been granted under this section, the Commissioner may, without notice, cauge any projection or construction put up under subsections (I), (2) and (3) to be removed, and the Cost of so doing shall be recoverable in the manner prescribed.

The municipality shall maintain in a clean and proper condition all parks, play-fields and o en spaces belonging to or, vested in it or the Governmcnt, in such manner as may e prescribed.

(1) In the case of parks and play-fklds not vested in the municipality or the Government, the Commissioner may, by notice require the owner or person or authority in occupation of such park or play field to mairltain such park or play-Aeld it1 a clean and proper condition, in such manner as may be prescribed. (2) ff the owner or person ol huthority in occupation fails to comply with the notise under sub-section (l),thc Co~nmissioner shall himself arrange to main- taiil su:h park or play -*Id in a clean and proper condition and the cost of such maintenance, shall be l-ecoverable from the owner or person or authon'ty in occupauon in such m:Inner as may be prescribed. (3), The Council nlay,. with the prior approval of the Oavmment, instead itof 1 894. of, or in addition to, taklqg action as indicated in sub-soctioa (2), pr~ceed acquire any land under the Lana Acquisition ~ c t , 1894 for the purpose of efbtive management of such land aa a park or p)ay..field. (4) Any owner or pcrson or authority in occupation of a play-field desiring to convert the play-field, to any use other than as a play-field, may ive notice e to the person or authority wbo ol- which uses such play-fielcf, or to t e Council within whose 'urisdiction the play-field is situated, to purohasa his or its rights in the play-fie i d. If such person o authority or Council does not agree to pur- chase his or ~ t s rights, he or it may , with the prior approval of the Government, i n such manner as may be prescribed, put it to such use as he or it desires.

Tlle Council shall, once in five years, publish a list of all the parks, play-fields and open spaces situated within the municipal area, in such manner as may be prescribed,

(1) The Co I I cil shall, at the coft of the municipal fund cause trees to be planted at all conventn,nt places on the s~des of all streets and ~li~nicipal roafs and make ade I ate arrangements to preserve such trees. (2) The Cou il may grant licence every year for tbe collection ot usufructs of roadside trees l~iaintained by the municipality in such manner as may be prescr~bed

The Municipality shall take necessary steps for the promotion of urban forestry, planting of trees, creation of public parks, gardens and indoor and outdoor playgrounds for children and youth.

(1) The Commis:~ioner may,- (a) remove without any notice any movable temporary structure, enclosure, stall, booth, any article whatsoever hawked exposed or displayed for sale or any other thing whatsoever by way of encroaching street or public place s r the land belonging to the departments of the Central or State Government8 within the municipal limit - (b) remove any immovable structure whether permanent or of temporary nature ' encroachiog the . street or piblic-plaqe or the land belonging to the depart- ments of the Central or State ~overnmbnti within thi' municipal limit, ' after issuing a show cause ootice For such removal, returnable within a period of seven days from the date of receipt, thereof : Provided-that the Commissioner shall consider any representation received within the time limit, before passing final orders. (2) .whoever makes any encroacnment In any land ' or space (not being private property) in any public street or any land belonging to the departments of the Central or State Governments within the municipal limit, shall on c~nviction be punished with itnprisonment which shall not be less than one year but which may extend to three years and with fine which may extend to twenty thousand rupees : Provided that the court may for any aaequate or spixial reasons 'to be <:dentioned in the judge~cnt impose a sentence of imprisonment for a term of Irss than. one year.

(1) The Council shall with the approval of Government give names. or of* numbers to new public streets, any new colony of houses. park, playground, : bus - stan<l,-a;ch or other, nc:w rnqnicipal property and may alter the name or number ?S any publ~c'street, park. plabground, bus s!anil, arch ar rnunicinal vrQwrry, sukect t6 such rules as may be drescnbed. (2) Tne name and aumbsr ut streets shall be paiated , i ~ Tarn41 a d english and conspicuously displayed in such street. (3) No person shall without lawful authority, destroy, pull down or dtlace any such name or number or put up any name or number different frorn that put up by the municipality, (4) The Comml~siontv qhall crr.use to assign numbers to all the buildings situated within the municipality. Such numbers shall be displayed at the outer door of any building or in any conspicuous place at the entrance of such building. (4) If any new building is csnstructed where o number has already beefa assigned, the Commissioner shall renumber such new buildi~gs in suoh aaasner as may be prescribel!. (6) The numbers assigned to the buildings in a municipality sllurl be reviewed and new numbers shall be assigned wherever necessary before tire commencement of the preliminary work for a census operation. (7) When a number has been affixed under subsection (4), the owner of the building shall be hound to mlinttain such number and if rgmoved or defaced and if the owner fails to replace it the Commissioner may by notice require him to replace it.

(1) Subject to the approval of the Council, tbe Commissioner may reserve any portion of a public street or public place, and declare it as a parking area and fe c c o u t parking fees from the .owners of the vehicles at ~ u c h rate for such period and in such rnall~ler as may be prescribed. (2.) Thc Commisgioner may grant licence to at.)' privirto parson or oryrt~i- ir<tion CJr eetahlicfhmtnt for coJ1%ting parking f&b ir wwj~ almnrtr au 11 U ) I tpre~ci ibed

(1) Subject to the jwovidona 0l tbc Tamil Nadu open Placem (Proven tion of Mgurement)Act, 1959 and sactiom 92 and 93 of this Act or any other law for the time being in force, the Commissioner may, with the sanction of the Council, set up for the exhibition of advertisements, hoarding, erection or other things in in road W b l e places awned by 9r -vested in tbe aunicipdity or GovaamenO and imay permit any peaon to 4se any such hoarding, erection or thing en payment of levy b 8 . such Pet as may be prescribed : Provided tbat wherttbe hoarding, erectioaor othcr thing are set up in the places owaed by or vested inthe Government, the nuoicipality shall remit tbe fcc coU- for such hoarding, erection or other thing, to the Government, after retaining a portion of such fee, as may be prelcrib~. Explanation I.-For the purposes of this section and t:ection 92, the person who has been permitted to use any hoarding, erection or thing under this section sball be deemed to be the owner or the person in occup;ltion of such hoarding, erection or thing. Explanation 11.-For the removal of doubts, it is hereby declared that any fees payable by any person who bds been permitted to use any hoarding, erection or tbing under this section shal, be in addition to the advertisement tax payable by him under section 92 on advertisexnents exhibited by him on such hoarding, erection or U ing. (2) No hoarding shall be erected in a municpal limit by an) peroon without obtaining a licence from the Commissioner. (3) (ci) Every ~p~lication for licence under this secti~n sh~ll be made to the Com- missioner in such form, ccntai~lin~ svch particulars and wirh Such fee, cs mry be pres- cri bed. (b) The Commissioner may,' after local inspect;on. grant a licence with such conditions or directions, subject to such rcles as may be prescribed. (c) 'I he'~ommissioner may refuse to grant licence for reasons to be recorded in writing : Provided that a licence shall not be refused unless the applicanl has been given an oportunity of making his representation. (d) Every licence granted mder clause (b) shall be wlid f'r such &iod as may be prescribed and may be renewed from time to tine. (4) (i.., 'Nitbout prejudice to any other penalty to which the licensee may be liable the Commissioner may, at any time, by orcie~ in writing, cpncel or suspend any licence grirnted or renewed If,- (i) such licence hzs been obtained b-# freud, misre~resentation or sllppression of material particulars, or (ti) the liensee has contravened any of the provisiuns of this section or-thc mles made there~rnder oi any of the conditicn, subject to whkh the licerlce w L granted. (b) Before cancelling or svspending a licence under this ~ectk'cr;:, the Comrnissioner shall give the licensee, an opportunity of making his representation. (6) (a) Where any l~oarding is 1 etained after the expiry o t the licence or erected contrary to the conditions of licence, the Commissioner mat' by notice in writing, require the licensee to remove srch hoarding within suchtime as may be prescribed. (b) Where the hoarding is not removed within the time specified in the notice, the Commissioner shall, without further notice, remove such hoarding and recover the expenditure for such removal as an arrear of land rzvenue. (7) Nothing contai~led in this section shall apply to my hoarding on whioh is exhibited any advertisement which relates to,- (i) the trade or bussiness carried on with~n the lcnd or building upon or over which such hoarding is erected or to any Sale or letting of svch land or building or any effects therein or to any sde, entertainment or rncetiw to be held upon or in such land or building; or (ii) the name of the land or building upen or over which the hoarding is erected or to the name of the owner or occupier of such land or building: Provided that the exemption under this section shall be subject to such sLL and nature of the ho~rding, as may be prescribed. (8) (a) Any person aggrieved by the order of the Commissioner in refusing to grant or renew a licence or cancelling or suspending a licence under this section may appeal to the Director within thirty days from the date of receipt of the order appealed against. (b) The appeal shall be in si~ch form and in srch manner and accompany with s~*ch fee, as may be prescribed. (c) On receipt of such appeal, the Director may after making such inquiry aa may be necessary and a reasonable opportunity to the appeliant to be head, pass such order as he thinks Gt. (9) Whoever contravenes any or the provisions of this section or any rule or order made thereunder or o bstmcts lawful exercise of any power conferred by or under this section shall be punished wlth lmpr~sonment fol a term which may extend to three years or with fine which may extend to ten thousand rupees or with, both. Explanation.- For the purpose of su b-sections (2) TO ( 9), h o ~ & n g means any screen of boards at any place whether public or vxivate used or intended to be used for exltibitiag advertisem:nt including the framework or other-sappott. erected, wholly or in part upon or over any land, bullding :and ,wall or ;structure. visible t~ public wholly or partly,

Notwithstanding anything contained in this Act or in any other law for the time being in force, or in any judgment, decree or order of any court, tribunal or other authority,-- (a) (i) where any hoarding (other than traffic sign and road sign) visible to the traffic on the road is hazardous and disturbance to the safe traffic movement, so as to adversely affect free and safe flow of traffic and which is in existence immediately before the date of the commencement of the Tamil Nadu Municipal Laws (Amendment) Act, 2000 (hereafter in this section referred to as the amendment Act), the Commissioner shall, by notice in writing, require the licensee or any person in possession, of such hoarding, to remove such hoarding within such time as may be specified in the notice: Provided that such time shall not exceed fifteen days from the date of issue of such notice; (ii) where the hoarding referred to in sub-clause (i) is not removed within the time specified in the notice, the Commissioner shall, without further notice, remove such hoarding and recover the expenditure for such removal as an arrear of land revenue; (b) (i) where the Commissioner is satisfied that the erection of any hoarding (other than traffic sign and road sign) visible to the traffic on the road is hazardous and disturbance to the safe traffic movement so as to adversely affect free and safe flow of traffic, he shall not grant any licence under section 131 and no such hoarding shall be erected, on and from the date of the commencement of the amendment Act by any person; (ii) where any hoarding is erected in contravention of sub-clause (i), it shall be confiscated and removed by the Commissioner without any notice. Explanation.--For the purpose of this section, "hoarding" shall have the same meaning as in the Explanation under sub-section (9) of section 131.

This Part shall apply to all municipalities situated in the State other than these areas notifled under part I1 of this chapter.

(1) Any building' constructed within the municipal area s h a l l be in accordance with the building rules framed by the Government for this purpose. While framing such building rules, the Government shall have due regard to the land use, the density of population, development schemes to be carriec out in such areas, environmental situation d such other factors as the Goverun~er.t may consider relevant. (2) If a,iy person intends to construct or reconstruct a buildir,~, he shall s a d to the Comrnissiorier- (a) an apnlication In writing for approval of the site together with a &e-phi1 of the laqa, and (b) an application in writing for permission to execute the work, to- gether with a ground plan, elevatiolis and sections of the building and a specifi. octtion of the work. (3) Every document furnished under sub-section (2) shall contain such particulars and be prepared in such manner as may be prescribed. (4) The Commissioner shall not grant permission to coristruct or recons- trucl a building unless and until he has appro7reit the site on an application made und er sub-sections (2) and (3) and in accordance with the previsions eontained in the Tamil Nadu Town and Country l'lanning Act, 1971. (5) The construction or reconstruction of a buil5ing shzll not begun unlex and until the Commissioner has granted permission for the execution of the work. (6) On receipt of an application the Co~nmissioner sl~all a.lter verifying tbe earrectness of the particulars furnishe~t il, La, ~p -!icatior a!:(' satisfy;:q; him- self that the pronosea builainp construction is in acccdancc with tl-e pro^ isions ef ahis Act and the rules ma& thereunder, grant the yerniission within thirty darlys from the date of rcceip: of the application. (7) Where the Commissioner is of the opinion that the application recei-~ea is hmmplete or does not contain necessary particulars required ui :der the nr Ies, lee may return the apl?lication for furnishing the requireu particul~ro as required fr. the netice oF return b:l the Commissioner. (8) Where no ermissioo has been granted and where the application b.c ot been returned fcr rectifyins the defects for furnishing any other particulars, rhc applicant may q e a copy of the building ap~lication together with the detailr to the Council w~thln one month from the date of expiry of the time limit for grad of permission referred to in sub-section (6). (9) Applications ao received by the Council shall be taken into consideration a4 the regular meeting of the Council and the Council shall ceuse the Commissioner 1, urn appropriate orders on merits within the time limit specified by the Council, (10) Any person objecting to an order passed by the Commissioner undm a h t i o n (9) may, within a period of forty-five days from the date of rewpt of order prefer an appeal to the Government in such form and 8baU be am& ~ b ~ I I K J L f m w m y b e ~ b o d : Provided that the Government may, if it is satisfied that the petiti~ltzr had sd%cient cause for not preferring the a w e d petition within such period admit the appeal petition preferred after expiration of the said period. (11) The Government may after considering the grounds of appeal either confirm or set aside, cancel or in anyway modify the order of the commissioner : Provided that no order prejudicial to the appellant shall be passed without giving him an oppurtunity of being heard.

Whcre the construction, reconstruction or modification of any btiilding ia commenctd or completed in contravention of the provisions of this Act or the rules made theteunler, the owner shali b:: iiabis, by way of p:naliy, t~ pay a sum ~hich shall not exceed ten thousand rupees and in th , c::se of a coiiiinuing con- travention, such further sum which shall not exceed fifiy rupees per square feet every day during which tllc contravention con ti nu:^.

In section 135 of the principal Act, after sub-section (6), the following sub-section shall be added, namely:— “(7) If in any case where no action has been taken in pursuance of any notice issued by the Commissioner under sub-section (1) directing the person to regulate the construction, re-construction or modification of any building in accordance with the rules and within the time limit referred to in the said sub-section, the Commissioner may lock and seal the building or remove or demolish unauthorised construction. The cost of expenditure incurred by the municipality towards such removal or demolition shall be recovered from the person concerned as an arrear of tax under section 116-A.”.

If any obstruction is caused in any street by the fall of trees, structures or fences or by stacking of building material, the owner or occupier of the building concerned shall, within twelve hours of the occurrence of such obstruction or within such further period as the Commissioner may by notice allow, clear the street of such obstruction. If the owner or the occupier of the building fails to comply with the notice, the Commissioner shall clear the street of such obstruction and recover the cost of removal from the owner or the occupier as an arrear of land revenue. The Commissioner may also impose a fine not exceeding Rs. 2,000 for having caused such obstruction in the street.

(1) No swimming pool shall be constructed in any place, without obtaining permission from the Commissioner. (2) Every application for permission to construct a swimming pool shall be made to the Commissioner and shall be accompanied by such fee not exceeding Rs. 25,000 and such particulars as may be prescribed. (3) On receipt of an application under sub-section (2), the Commissioner may, after making such enquiry as he deems necessary, either grant or refuse to grant the permission. Every permission granted shall be in such form and subject to such terms and conditions, as may be prescribed. (4) Where the Commissioner refuses to grant permission under sub-section (3), he shall give reasons in writing for such refusal. (5) Every owner or occupier of a building or land in which a swimming pool is located, shall maintain the swimming pool in such manner and follow such safety norms, as may be prescribed. (6) Any person authorized by the Government in this behalf may, subject to the provisions of section 190, enter into any building or land in which a swimming pool is located, in order to make an enquiry or inspection and may take any measure or do anything which may, in his opinion, be necessary for the purpose of maintenance of the swimming pool or for the safety of the persons using the swimming pool: Provided that the Government shall authorize, for the purpose of this sub-section, any officer,— (i) not below the rank of Joint Director in the Directorate of School Education, in respect of swimming pools located in the premises of schools; (ii) not below the rank of Joint Director of the Directorate of Collegiate Education, in respect of swimming pools located in the premises of colleges and Universities: Provided further that the Government may authorise different persons for different classes of buildings or land in which swimming pools are located.

(1) In every building owned or occupied by the Government or a statutory body or a company or an institution owned or controlled by the Government, rain water harvesting structure shall be provided by the Government or by such statutory body or company or other institution, as the case may be, in such manner as may be prescribed. (2) Every owner or occupier of a building shall provide rain water harvesting structure in the building in such manner as may be prescribed. Explanation.-- Where a building is owned or occupied by more than one person, every such person shall be liable under this sub-section. (3) Where the rain water harvesting structure is not provided as required under sub-section (2), the Commissioner or any person authorised by him in this behalf may, after giving notice to the owner or occupier of the building, cause rain water harvesting structure to be provided in such building and recover the cost of such provision along with the incidental expense thereof in the same manner as property tax. (4) Notwithstanding any action taken under sub-section (3), where the owner or occupier of the building fails to provide the rain water harvesting structure in the building, the water supply connection provided to such building shall be disconnected till rain water harvesting structure is provided.

In section 145 of the principal Act, in sub-section (2) for the expression “as an arrear of land revenue”, the expression “as an arrear of tax under section 116-A” shall be substituted.

(1) No person shall, without prior permission of the Commissioner or otherwise than in conformity with the conditions of such permission,— (a) use or permit to be used, for the purpose not originally authorised; or (b) change or allow the change of use of building, other than that specified in the sanctioned plan. (2) Without prejudice to any other action that may be taken against any person, whether owner or occupier, for contravention of sub-section (1), the Commissioner may levy on such person such fine, not exceeding Rs. 100 per square metre per month for the area under unauthorized use throughout the period during which such contravention continued.

The municipality or the Government or the District Collector may give notice of its or his intention, to declare that in any area specified therein no person shall, for environmental reasons stated therein, use any premises for any of the purposes specified in that notice.

Every owner of a building within one month after completion of the construction of building shall apply to the competent authority for issue of completion certificate. The authority shall inspect the building and on being satisfied that the construction is as per the sanctioned plan, shall issue completion certificate within one month from the date of application.

In section 155 of the principal Act, in sub-section (3), in the proviso, for the expression “shall not continue any other system of disposal already in existence in that building”, the expression “shall not continue or resort to any other means of sewage disposal such as septic tank, cess-pool or sewage disposal vehicles” shall be substituted.

(1) No person shall without permission enter upon any land belonging to, or vested with, the municipality along which a conduit or pipe runs or upon any premises connected with the water supply or sewerage. (2) Without permission of the council no private building, wall or other structure shall be erected and no private street shall be constructed over any municipal water mains or drainage or sewerage mains. (3) If any private building, wall or other structure is so erected or any private street is so constructed, the council may cause the same to be removed and recover the expenditure for such removal as an arrear of land revenue.

(1) No person shall, either himself or through any person on his behalf, engage in sinking any well in any area of the municipality for any purpose without obtaining a permit from the Commissioner: Provided that this sub-section shall not apply for sinking of well for domestic purpose: Provided further that this sub-section shall not apply to the "Scheduled area" as defined in clause (g) of section 2 of the Chennai Metropolitan Area Groundwater (Regulation) Act, 1987 (Tamil Nadu Act 27 of 1987). (2) Any person desiring to sink a well shall apply to the Commissioner, for grant of permit for this purpose and shall not proceed with any activity connected with such sinking of well, unless a permit has been granted by the Commissioner. (3) Every application for grant of permit shall be made in such form and contain such particulars as may be prescribed, and shall be accompanied by such fee not exceeding Rs. 10,000, as may be prescribed. (4) On receipt of an application under sub-section (2), the Commissioner may grant, subject to such conditions and restrictions as he may specify, a permit authorising to sink well or refuse to grant such permit: Provided that no permit shall be refused unless the applicant has been given an opportunity of being heard. (5) The decision regarding the grant or refusal to grant the permit shall be intimated by the Commissioner to the applicant within such period as may be prescribed. (6) Any person aggrieved by the decision of the Commissioner under sub-section (5) may, within such period and in such manner as may be prescribed, appeal to such authority as may be specified by the Government, by notification, in this behalf. (7) The owner of every well in use or disuse shall follow such safety measures, as may be prescribed.

(1) Every person desiring to carry on the business of sinking well in any area in the municipality shall apply to the District Collector for grant of a certificate of registration: Provided that this section shall not apply to the "Scheduled area" as defined in clause (g) of section 2 of the Chennai Metropolitan Area Ground Water (Regulation) Act,1987 (Tamil Nadu Act 27 of 1987). (2) Every application for grant of a certificate of registration shall be made in such form and contain such particulars as may be prescribed and shall be accompanied by such fee not exceeding Rs. 20,000, as may be prescribed. (3) On receipt of an application under sub-section (1), the District Collector may grant, subject to such conditions and restrictions as may be specified, a certificate of registration or refuse to grant the certificate of registration: Provided that no certificate of registration shall be refused unless the applicant has been given an opportunity of being heard. (4) The decision regarding the grant or refusal to grant the certificate of registration shall be intimated by the District Collector to the applicant within such period as may be prescribed. (5) Any person aggrieved by the decision of the District Collector under sub-section (4) may, within such period and in such manner as may be prescribed, appeal to such authority as may be specified by the Government, by notification, in this behalf. (6) Every person carrying on the business of sinking well shall, while sinking a well or on completion of sinking a well, follow such safety measures, as may be prescribed. Explanation.— For the purpose of sections 164, 164-A and 164-B,— (a) "sink" with all its grammatical variations and cognate expressions includes digging, drilling, boring or deepening; (b) "well" means a well sunk for search or extraction of groundwater and includes an open well, dug well, bore well, dug-cum-bore well, tube well, filter point, collection well or infiltration gallery, but does not include a well sunk by the Government or Central Government for carrying out scientific investigation, exploration, development or management work for the survey and assessment of groundwater resources; (c) "person" includes a company or association of individuals, whether incorporated or not.

The Council may on the report of the Director of Public Health or any other Department of the Government, the Health Officer or the Local Medical Officer that the cultivation of any specified 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, with the previous sanction of the Government by public notice regulate or prohibit the cultivation, use of manure or irrigation so reported to be injurious.

If any medical practitioner or any person notices the existence of any infectious disease or occurence of death due to such infectious disease in any private or public hospital, nursing home or dwelling house in an area comprised in the municipality, he shall immediately inform the Commissioner, or to any officer of the municipality.

The Commissioner or any officer authorised by him may at any time without notice or after giving such notice as may appear to him reasonable, inspect any place in which any infectious disease is reported or suspected to exist. The Commissioner may, unless he is satisfied, that adequate arrangements have been made or exist for the proper care and treatment of the person who is suffering or is suspected to be suffering from any infectious disease, remove or cause to be removed such person to any medical institution and extend necessary medical treatment and shall take such other measures as he may think fit, to prevent the spread of such disease.

If the Commissioner or any officer authorised by him is of the opinion that the cleansing or disinfecting of a building or of any part thereof, or of any article therein which is likely to retain infection, will tend to prevent or check the spread of any infectious disease he may himself cause such building or article to be cleansed or disinfected, after giving notice to the owner of the building.

In the event of the prevalence of any infectious disease in any area comprised in a municipality, the Commissioner, may by notice require the owner or occupier of any building, used for the purpose of dwelling or for public entertainment, to close such building for such period as may be specified in the said notice.

(1) If the Commissioner is satisfied that the water in any well, tank or other reservoir within the limits of the municipality is likely to be used, for drinking purposes, would endanger or cause, the spread of any infectious disease, he may by public notice prohibit the use of such water for drinking and domestic consumption during such period as may be specified in the said notice. (2) If it appears to the Commissioner that any public or private water receptacle of stagnant water is likely to be injurious to public health or breeding ground to mosquitoes or offensive to the neighbourhood, he shall cause the same to be cleaned, drained, or undertake such other protective measures as may be considered necessary. (3) The Commissioner may regulate or prohibit the washing of animals, clothes or other things or fishing in any river, tank or pond within the municipal limit in the interest of public health.

(1) Every owner or person having the control of any place used as a burial or burning ground or crematorium on the date of commencement of this Act shall, if such place has not already been registered, apply to the Commissioner to have such place registered within such time and in such manner as may be prescribed. (2) No new place for the disposal of the dead whether public or private shall be opened, formed, constructed or used unless a licence has been obtained from the Commissioner on an application made in accordance with such rules as may be prescribed. (3) No person shall bury or burn any corpse except in a place which has been registered, licenced, or provided as aforesaid. (4) The Council shall provide and maintain places to be used as burial or burning grounds or crematoria either within or outside the municipal limit and may charge and levy rents and fees for the use thereof as may be fixed by the Council: Provided that where burial or burning grounds or crematoria are to be provided outside the municipal limit, previous concurrence of the Government shall be obtained: Provided further that the municipality shall itself undertake the burial or cremation of any unclaimed dead body at its own expense.

No person shall,- (a) bury or cause to be buried any dead body in the burial ground unless 2.5 metres of depth from the surface of the ground is made and a margin of not less than 1.5 metres is allowed on both sides where the dead body is buried. (b) without the sanction in writing of the Commissioner or a Magistrate reopen a grave already occupied; and (c) carry through any street a corpse or parts thereof not decently covered.

(1) The owner or caretaker of any animal in case of death of such animal in any street or in any place, shall within three hours after the death of such animal either- (a) remove the dead animal to the place notified by the municipality; or (b) report the death of the animal to the municipality for removing the same. (2) When any dead animal is removed by the municipality in pursuance of the report made under sub-section (1) the owner or caretaker of the animal shall pay such fees as may be fixed by the Council.

(1) It shall be the duty of the Council to keep any public place clean and remove the solid wastes by providing solid waste receptacle in proper and convenient places and dispose of such solid waste by dumping at places notified by the Council within or outside the municipal limit. (2) Where no proper drainage system is provided for in the municipal limit or in any part thereof, the Council may make necessary arrangements to collect such drainage water and dispose of the same in such manner as may be determined by the Council. (3) All solid waste, rubbish and other materials collected by the municipality shall be the property of the municipality. (4) Every municipality shall identify and notify suitable land within or outside the municipal area for the purpose of final disposal of the solid wastes: Provided that the municipality shall not identify and notify any land for the purpose of final disposal of the solid waste within a radius of ten kilometres from an air field. (5) While notifying the places under sub-section (3), the Council shall have due regard to the following factors, namely:- (a) sources generating garbage, health and environmental aspects; (b) the facility for preparation of compost manure and disposal of the same; (c) where preparation of compost manure is not feasible or practicable, sanitary land fill methods shall be adopted by the municipality, for the disposal of solid waste at the land fill sites in the manner as may be specified by the Council. (d) incineration of solid waste may be resorted to by the municipality for the disposal of infectious waste generated from the hospitals, nursing homes or health care centres and non-industrial hazardous waste that may be specified by the Council from time to time; (e) the feasibility of levying special charges from any person or authority in charge of buildings from which the garbage, solid waste, industrial or hazardous or infectious waste is collected; (f) appointing private agencies for cleaning and removing all garbage and wastage referred to in this section; (g) feasibility of providing collection spots and transfer areas in the municipality.

(1) The Council may introduce modern methods for clearance of solid wastes within the municipal limit and implement such method in accordance with the rules prescribed. (2) The council may collect, at such rates as may be prescribed, special conservancy charges from any owner or occupier of any building used for public purposes or for commercial or for industrial purposes or used as a nursing home, hospital or the like taking into account the services rendered by the municipality to such places.

(1) Where any garbage is dumped by any person or institution in any street, or in any other receptacle other than that provided for dumping of garbage, the Commissioner may arrange for the removal of the same on payment of such sum as may be fixed for each occasion in accordance with such procedure as may be prescribed. (2) The Commissioner may require in writing the owner or the occupier of any premises used,- (i) as a factory, workshop or where any manufacturing process is carried on, or (ii) as a trade premises, shop, market or slaughter house, or (iii) as a hotel, eating house, or restaurant, or (iv) as a clinic, hospital or nursing home, or (v) as a warehouse or godown, or (vi) as a public resort, or (vii) in any other way, to remove the rubbish, filth, trade refuse, special wastes, hazardous wastes or excrementitious or polluted matters which are accumulated in large quantities in such places at such time and in such trailers or receptacles and by such routes as may be specified in the notice to a depot or place provided by the municipality. (3) If the owner or occupier of any premises referred to in sub-section (2) fails to remove as specified in the notice issued under sub-section (3), the Commissioner may arrange for the removal of the same on such fees, as may be determined by the Council: Provided that such fees shall not be less than such unit cost of removal of solid waste (including the cost for debt servicing, depreciation and other charge if any on vehicles or vessels or means for removal) as the Council may determine from time to time.

(1) If in the opinion of the commissioner, a large quantity of solid waste is dumped by any industrial unit, trade or business organisation in any public street or place or where the owner of a building during the construction of such building or otherwise dump such large quantity of debris, the person incharge of such industrial unit or trade or business organisation or the owner of the building, as the case may be, shall remove the solid waste or debris from such public place within such time and in such manner as may be notified by the Council. (2) In case where the industrial unit or trade or business organisation or the owner referred to in sub-section (1) fails to remove the solid waste or debris in the manner specified under that sub-section, the Commissioner may after intimation to the person concerned cause such solid waste or debris to be removed and collect the expenses incurred for the removal of solid wastes or debris at such rate and in such manner as may be determined by the Council. (3) Where any industrial unit, trade or business organisation or any owner referred to in sub-section (1) violates any of the provisions of that sub-section continuously, for such wilful non-compliance, such industrial unit, trade or business organisation or the owner of the building shall be liable to be punished with the penalty provided for under this Act. Explanation.-For the purpose of this section, wilful non-compliance shall mean the failure to comply with the provision of subsection (1) by any industrial unit, trade or business organisation or the owner referred to in that sub-section as the case may be, for more than three occasions.

Without prejudice to the provisions contained in the Tamil Nadu Public Health Act, 1939, for the purpose of enforcing the provisions of this Act relating to Public Health and other matters connected therewith, the Commissioner or any Officer authorised by him in this behalf, may apply all or any of the provisions contained in the Tamil Nadu Public Health Act, 1939 and the provisions contained in the said Public Health Act shall mutatis mutandis apply in relation to matters covered under this Act.

Save as otherwise provided in this Act, any person who contravenes any of the provisions of this Act or the rules, by-laws or regulations made or any order or direction issued thereunder, shall, on conviction, be punishable with fine which may extend to ten thousand rupees and in the case of continuing contravention with an additional fine which may extend to five hundred rupees for every day during which such contravention continues after conviction for the first such contravention: Provided that in the absence of special and adequate reason to the contrary to be recorded in the judgment of the Court, the fine shall not be less than five hundred rupees.

After section 180 of the principal Act, the following section shall be inserted, namely: — "180-A. Penalty for sinking well without permit or registration.— Whoever contravenes any of the provisions of section 164-A or 164-B or the rules made thereunder shall, on conviction, be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and with fine which may extend to Rs. 50,000.".

(1) The Chairperson, Deputy Chairperson, Councillor, Commissioner or any officer or employee of the municipality shall be liable for the loss, waste or misapplication of any money or other property owned by or vested in the municipality, if such loss, waste or misapplication is a direct consequence of his neglect or misconduct and a suit for compensation may be instituted against such Chairperson, Deputy Chairperson, Councillor, Commissioner, officer or employee of the municipality by the Council with the previous sanction of the Government or by the Government. (2) Every such suit shall be commenced within three years after the date on which the cause of action arose.

For section 182 of the principal Act, the following section shall be substituted, namely:— "182. Imprisonment in default of payment and application of costs, etc.— (1) In case any fine or costs imposed or assessed by a Judicial Magistrate under this Act or under any rule or bye-law made thereunder, has not been paid, the Judicial 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 (Central Act XLV of 1860). (2) Any fine, costs, tax or other sum imposed or assessed by a Magistrate under this Act or under any rule or bye-law made thereunder, shall be recoverable by such Magistrate under the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), as if it were a fine and the same shall, except in the case of fine, on recovery be paid to the municipality to be applied for the purposes of this Act.".

(1) Where the Chairperson, Deputy Chairperson, or councillor or Commissioner or any officer or employee of the municipality 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 magistrate shall take cognizance of such offence except with the previous sanction,- (i) in the case of Chairperson, Deputy Chairperson, Councillor and Commissioner, the Government; and (ii) in the case of an officer or an employee of the municipality, the Director or the Commissioner, as the case may be.

The Chairperson, Deputy Chairperson, councillor, Commissioner and officials and employees of the municipality who are entrusted with the execution of any function under this Act acting or purporting to act in pursuance of any of the provisions of this Act or the rules or the byelaws or the regulations made thereunder shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

The Government may empower any officer or employee of a municipality to exercise the powers of a Police Officer for the purpose of this Act and the rules made thereunder.

No court shall take cognizance of any offence against this Act, or any rule, byelaw, regulation or order made under it whether committed within or outside the municipal limit unless, a complaint is made by the police or the Commissioner or by a person expressly authorised in this behalf by the Council.

After section 186 of the principal Act, the following section shall be inserted, namely: — "186-A. Compounding of offences.— (1) Any offence punishable under this Act or rules or bye-laws made thereunder either before or after institution of prosecution, may be compounded by the Commissioner, on payment by that person, for credit to the municipality of such sum as the Commissioner may specify: Provided that the fine amount shall not exceed the amount of fine specified under this Act or rules or bye-laws made thereunder. (2) Where an offence is compounded under sub-section (1), no proceeding or further proceeding, as the case may be, shall be taken against the offender in respect of such offence so compounded, and the offender, if in custody, shall be released forthwith.".

No suit, prosecution or other legal proceeding shall lie against the Government or the Chairperson, Deputy Chairperson, councillor, Commissioner or officer or any employee of the municipality for anything which is in good faith done or intended to be done in pursuance of this Act or of any rule, byelaw or regulation or order made thereunder.

(1) Where an offence against any of the provisions of this Act or any rule, byelaw or regulation made or any order or direction issued thereunder has been committed by a company, every person, who, at the time the offence was committed, was incharge 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 no time contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any such offence 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 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) a company means any body corporate and includes a trust, a firm, a society or other association of individuals, and (b) "director" in relation to- (i) a firm, means a partner in the firm; (ii) a society, a trust or other association of individuals, means the person who is entrusted under the rules of the society, trust or other association, with the management of the affairs of the society, trust or other association, as the case may be.

Notwithstanding anything 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- (a) preparation or publication of electoral rolls, (b) conduct of any election, or (c) preparation, revision or amendment of assessment book.

The Commissioner or any person authorised by him in this behalf may enter into any building or land with or without assistance of workmen, in order to make any inquiry, inspection, test, examination, survey, measurement or valuation, or for the purpose of lawfully placing or removing meters, instruments, pipes or apparatus or to execute any other work which is authorised by the provisions of this Act, or of any rule, byelaw, regulation or order made under it, or where it is necessary for any of the purposes of this Act or in pursuance of any of the said provisions to make or execute: Provided that,- (a) no such entry shall be made after sunset or before sunrise; (b) no place used as a dwelling house or no part of a public building which is used as dwelling house shall be entered without giving twenty-four hours previous notice of the intention to make such entry; and (c) such inspection shall be made in so far as it is practicable ensuring privacy to the female members residing in such dwelling house.

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, byelaw, order or regulation made under it and by reason of such act or omission, damage has been caused to any property owned or vested in the municipality, the said person shall pay compensation for such damage, notwithstanding any punishment to which he may have been sentenced for the said offence. In the event of dispute the amount of compensation payable by the said person shall be determined by the magistrate before whom he was convicted of the said offence on an application made to him for the purpose, by the Commissioner not later than three months from the date of conviction and in default of payment of the amount so determined, it shall be recovered under a warrant from the said magistrate as if it were a fine inflicted by him on the person liable therefor.

(1) No person shall remove any mark set up for the purpose of indicating any level or direction incidental to the execution of any work authorised by this Act or by any rule, byelaw or regulation or order made thereunder. (2) No person shall, without authority in this behalf, remove, destroy, deface or otherwise obliterate any notice or name board exhibited by or under the orders of the Council or the Commissioner. (3) No person shall, without any permission from the Commissioner, remove earth, sand, or other materials from any land vested in the municipality or river bank canal, backwater or watercourse (not being private property) or in any way obstruct the same.

No person shall obstruct or in any way disrupt the Council, the Chairperson, Deputy Chairperson, councillor, Commissioner, employee of the Council or officer or any person with whom a contract has been entered into on behalf of the municipality in the performance of his duty or of anything which he is empowered to do by virtue of or in consequence of this Act or of any rule, byelaw or regulation or order made thereunder.

(1) When any notice or other document is required by this Act, or by any rule, by-law, regulation or order made thereunder 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 his agent, clerk or servant or some adult member of his family; or (c) if such person does not reside in the municipal area and his address elsewhere is known to the Commissioner, by sending the same to him by registered post; or (d) if none of the means aforesaid be available, by affixing the same in 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 owners 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, 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 of the express provision to the contrary in this Act, be calculated from the date of such service or sending by registered post.

All persons authorised by rule to conduct inquiries 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 Summons Act, 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.

The Commissioner 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.

(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Tamil Nadu Government Gazette, make such provisions, not inconsistent with the provisions of this Act and to be in conformity with the provisions of the Constitution (Seventy-fourth Amendment) Act, 1992 as appear to it to be necessary or expedient for removing the difficulty: provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (i) the principles to be followed in regard to the exclusion of any local area from or inclusion of local area in a municipality under clause (d) of sub-section (1) of section 3.

In section 198 of the principal Act,— (1) in sub-section (1), for the expression “may make rules”, the expression “may make rules prospectively or retrospectively” shall be substituted; (2) in sub-section (3),— (a) for the expression “Special Grade Municipalities”, the expression “Special Grade Municipal Councils” shall be substituted; (b) for the expression “Selection Grade and First Grade Municipalities”, the expression “Selection Grade and First Grade Municipal Councils” shall be substituted; (c) for the expression “Second Grade Municipalities”, the expression “Second Grade Municipal Councils” shall be substituted.

(1) The Council may, with the approval of the Director, make by-laws and regulations in relation to any of the matters expressely provided for in this Act and also for matters connected with the administration of the municipality not inconsistent with the provisions of this Act and the rules framed thereunder and the instructions issued by the Government from time to time. (2) The Council may also provide penalties in the by-laws and regulations, and for violation of such by-laws and regulations in accordance with the rules framed under this Act. (3) All by-laws and regulations made under this Act shall be published in such manner as may be prescribed. (4) If the Council has failed to make any regulation or by laws or if the regulation or by laws made by it are not in the opinion of the Government adequate, the Government, may by an order direct the Council to follow the guidelines specified therein and the Council shall give effect to such decision. (5) When any by-law or regulation has been made under this Act, such by-law or regulation shall be published in the District Gazette in Tamil and shall come into force on the date of such publication in Tamil.

After section 199 of the principal Act, the following section shall be inserted, namely: — “199-A. Application of the Tamil Nadu Act II of 1888.— The provisions of the Tamil Nadu Places of Public Resort Act, 1888 (Tamil Nadu Act II of 1888) shall apply to the municipalities.”.

(1) The following Acts are hereby repealed, namely.-- (a) the Chennai City Municipal Corporation Act, 1919 ; (c) the Madurai City Municipal Corporation Act, 1971 ; (d) the Coimbatore City Municipal Corporation Act, 1981 ; the Tiruchirappalli City Municipal Corporation Act, 1994 ; (f) the Tirunelveli City Municipal Corporation Act, 1994 ; (g) the Salem City Municipal Corporation Act, 1994. (3) Notwithstanding such repeal,- (a) any person holding office immediately before the date of the commencement of this Act to Chairperson, Deputy Chairperson or Councillor of any municipality under the relevant Acts referred to in sub-section (1) shall on such commencement continue to hold the said office until the expiry of the term of office for which he has been elected and he shall exercise all powers and perform all duties conferred on such Chairperson, Deputy Chairperson or Councillor by or under the provisions of this Act ; (b) any committee constituted under the relevant Acts referred to in sub-section (1) shall be deemed to have been constituted under this Act and functioning immediately before the date of the commencement of this Act, shall continue to function and exercise such powers and perform such duties conferred by or under the relevant Acts, referred to in the said sub-section (1) until they are constituted or dissolved under this Act ; (c) all rules, by-laws, notifications, notice, orders, directions or any other issued and schemes framed and works sanctioned by the Government or the municipality concerned immediately before the date of the commencement of this Act shall so far as they are not inconsistent with the provisions of this Act, continue to be in force and be deemed to have been issued or framed or sanctioned under the provisions of this Act until they are superseded or modified or reissued under the provisions of this Act; (d) all property whether movable or immovable and all rights and interest of whatsoever kind owned by or vested in or held in trust, by, any municipality immediately, before the date of the commencement of this Act as well as liabilities legally subsisting shall stand transferred to, and vest in that municipality which is deemed to have been constituted under this Act: (e) all things done, made, instituted, executed and appointed by the municipal corporations, municipalities, town panchayats under the relevant Acts referred to in sub-section (1) before the commencement of this Act shall be deemed to have been done, made, instituted, executed or appointed, as the case may be, by the municipal corporations, municipalities and town panchayats deemed to have been constituted under the provisions of this Act.

(1) Where it appears to the Commissioner at any time that any building is in a ruinous condition or is in any way dangerous or unfit for human habitation or overcrowding in such building, the Commissioner may by an order in writing require the owner or the occupier of such building to vacate or remove such building within the time limit specified in the said order. (2) Where it appears at any time that any tree is in a ruinous condition or is likely to fall and as a result thereof, is likely to cause damage to any life or property of a municipality, he may by order in writing require the tree to be removed forthwith. (3) Where the owner or occupier of the building does not comply with the order issued under this section, the Commissioner shall take such step in relation to the building or tree as may be necessary to prevent any occurrence or danger therefrom. (4) All expenses incurred by the Commissioner, in relation to any building or tree under this section shall be recoverable from the owner or the occupier thereof, as the case may be, as arrears of land revenue.

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 Commissioner may by notice allow, clear the street of such obstruction.

This part shall apply only to hill areas notified by the Government from time to time.

(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 Government and except in accordance with the terms and conditions specified in such licence. Explanation.-For the purpose of the provisions of this part, "agriculture" includes, horticulture, fruit growing, seed growing plantation, animal husbandry (including livestock), pisciculture, sericulture and agricultural shall be construed accordingly. (2) (a) When any department of the Central Government or State Government or any local authortity 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 Architectural and Aesthetic Aspects constituted under section 140 (hereinafter in this part referred to as 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, 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 part or of 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,- (i) either make necessary modifications in the proposed construction or reconstruction of building or putting to use any agricultural land to non-agricultural purposes 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 Government for approval. (c) The 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 Government.

(1) Every application for a licence under section 139 shall be in such form, containing such particulars and be accompanied by such plans and fee as may be prescribed and shall be submitted to the Commissioner. (2) On receipt of an application, the Commissioner 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 part and forward the same to the Committee. (3) (a) For the purpose of this part, the Government may constitute a Committee called the Committee for Architectural and Aesthetic Aspects for all the hill stations in a District 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 Commissioner in all aspects with particular reference to the matters prescribed for grant of licence under this part and forward the same to the Government with its remarks.

On receipt of an application from the Committee with its remarks, the 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.

(1) Notwithstanding anything contained in sections 139, 140, 141 and 150, the Commissioner shall, on receipt of an application under sub-section (1) of section 140 for construction or reconstruction of any residential building on any land within the area of the hill station having plinth area,- (a) not exceeding two hundred and fifty square metres in the ground floor; or (b) not exceeding two hundred and fifty square metres in the ground floor and in the first floor in the aggregate; or (c) in the case of improvement or enlargement of an existing residential building, the construction of which does not exceed two hundred and fifty square metres, the remaining area for such improvement or enlargement of such building including first floor, in the aggregate, examine such application with reference to building rules prescribed for the purpose of this part and if he is 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, he may grant a licence subject to such terms and conditions as he may think fit to impose, or refuse to grant a licence: Provided that the licence shall not be refused unless the applicant has been given an opportunity of making his representation. (2) (a) Any person aggrieved by an order of the Commissioner under subsection (1) may, within a period of sixty days from the date on which a copy of the order was communicated to him, prefer an appeal to the Government, in such form, in such manner and with such fee, as may be prescribed. (b) On receipt of an appeal under this sub-section, the Government shall, after giving the appellant an opportunity of being heard, pass such orders thereon as they deem fit. (c) Every order passed by the Government under this sub-section shall be final.

(1) The Government or the Commissioner may at any time, cancel or suspend any licence granted under section 141 or section 142 as the case may be, 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 part or any rules made thereunder or any of the terms and conditions subject to which the licence was granted. (2) Before cancelling or suspending a licence under sub-section (1), the Government or the Commissioner as the case may be, shall give the holder of the licence, an opportunity of making his representation.

Every licence granted under section 141 or section 142 shall be valid for a period of one year from 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 continued thereafter unless the Government or the Commissioner, as the case may be, on application made therefor has extended the period of licence.

(1) The Government or the Commissioner, as the case may, be 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 or such land; (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 use 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 Government or the Commissioner as the case may be, that 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 provision of this part or the rules made thereunder or any of the terms and conditions subject to which a licence is granted under this part. (2) If any direction given under sub-section (1) is not complied with, within the time specified in the notice, the Government or the Commissioner, as the case may be, 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.

(1) The 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 order 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 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 Government for the exercise of their power under this section shall be made within two months from the date on which the order, decision or direction made by the Government including the grant of licence to which the application relates was communicated to the applicant: Provided that, the 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.

(1) Any person aggrieved by an order of the Government under section 146 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. (2) In disposing the application for revision, the High Court may, confirm, cancel or vary such order. (3) Every order passed under this section shall be final.

No compensation shall be claimed by any person for any damage or loss sustained by him in consequence of- (a) the refusal of a licence; (b) any terms and conditions subject to which any licence is granted; (c) any direction issued under section 145; (d) the operation of any of the provisions of this part or the rules made thereunder.

No civil court shall have jurisdiction to decide or deal with any question which is by or under this part required to be decided or dealt with by the Government or the Commissioner.

(1) The provisions of this part 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 provision of this Chapter shall be in addition to, and not in derogation of, any other provisions of this Act.

(1) The Government may by notification authorise any officer to exercise any of the powers vested in them under any of the provisions of this part 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 Government.

(1) The Government may by order, exempt subject to such conditions if any, as may be specified in the said order, the Central or State Government from all or any of the provisions of part II of this Chapter. (2) The Government may, by order, for adequate and special reasons to be recorded in writing exempt any building or class of buildings from all or any of the provisions of this Chapter.

The Provisions of this chapter shall not apply to any municipality for which the Chennai Metropolitan Water Supply and Sewerage Act, 1978 will take application.

(1) All public reservoirs, tanks, cisterns, springs, fountains, wells, pumps, pipes, taps, conduits, aqueducts and other water works (not vested in Government) connected with the supply of water to the municipality whether made at the cost of the municipality or otherwise and all bridges, buildings, engines, work materials and other things connected therewith and all lands (not being private property or property vested in Government) adjacent and appertaining to the same, shall vest in the municipality and be subject to its control. (2) The municipality shall maintain all existing water works intended for supply of water and it may close any such existing works and may construct any new water works or execute any new water supply scheme for the supply of drinking water to the public. (3) All public drains, pipes and drainage works and materials and things, appertaining thereto shall vest in the municipality and the municipality shall so far as the funds at its disposal provide sufficient system of public drains throughout the municipal areas.

(1) All house-drains whether within or outside the premises to which they belong and all private latrines and cess-pools within the municipality shall be under the control of the municipality but shall be kept and maintained in proper order at the expense of the owner of the premises to which the same belong and in conformity with the by-laws made by the Council in this behalf. (2) The Commissioner shall on application from any owner or occupier of a building or owner of a private street shall arrange for connection of the applicants' drain with any public drainage system maintained by the municipality on collection of such fees and in accordance with the by-laws: provided that the Commissioner shall provide such connection only for buildings with plans duly approved by him. (3) No owner or occupier of any building shall allow or cause to be allowed any drainage water from any drain, latrine or from any other portion of the building under his occupation to any public street, or place where there is a public drainage system maintained by the municipality: Provided that wherein a municipality, there is a sewerage system, every owner of a building in the municipality shall connect the sewerage disposal of the building to municipal sewerage system and shall not continue any other system of disposal already in existence in that building.

Notwithstanding anything contained in any other law for the time being in force, the Government may by order, entrust to a municipality, for the execution of any specific scheme for water supply, drainage or sewerage works; and the municipality shall for the purpose of implementation of such schemes, have all such powers, functions and responsibility as may be specified by the Government in the said order and such schemes shall be maintained by such municipality.

(1) The municipality may supply drinking water fit for domestic consumption in the municipal area in accordance with the rules framed for this purpose. (2) The Council may specify the fees for supply of water at such rate and collect the same in such manner as may be prescribed, having regard to the quantum of consumption made by any person, institution or other authority. (3) For the purposes of determining the fees payable under sub-section (2) and for regulating the consumption and prevention of wastage of water, the Council may fix water meter at any building or premises in any area within the municipal limits. (4) The work relating to fixing of water meter is not required if there is lesser number of connections in a municipal area and the fees may be collected at such rate as may be determined by the Council from time to time in accordance with the rules prescribed having regard to the quantum of water supplied and such fees may be collected up to the period of fixing such meters in that municipality.

The Commissioner may subject to availability, supply water to any commercial, industrial or other purposes and collect water charges from them in accordance with the by-laws framed by the Council for this purpose: Provided that the Commissioner shall provide such connection only for buildings with plans duly approved by him.

(1) The Council may subject to the approval of Government supply water to any neighbouring local bodies outside the municipal limit subject to such terms and conditions as may be determined from time to time by the Council concerned. (2) If any dispute arises in regard to supply of water or in the collection of water charges among the local bodies, the matter shall be referred to the Director whose decision shall be final.

The Commissioner may order disconnection of water supply connection to any premises for non-payment of water charges or property tax payable to the municipality under this Act or for any other valid reason connected with the affairs of the municipality: Provided that the water supply shall not be disconnected without giving notice to the person concerned.

(1) No person shall allow or pass or throw away or discharge any material or any refuse, substance or trade effluent or wastage or solid waste into any water source, or drainage maintained by the municipality, which would cause or likely to cause pollution, health hazards or nuisance or in any way prejudice to the environment or obstruct the free flow of water or the drainage system. (2) Subject to the provisions of any other law for the time being in force the Council may make necessary by-laws for regulating the discharge of any industrial waste, foul water or refuse into any water source or drainage in a municipal area.

(1) The Commissioner for the purpose of executing or maintaining any work relating to water supply, drainage, street lighting or for any other municipal work, carry any cable, wire, pipe or undertake any work to establish or maintain any system of drainage or channel of any kind, through, across, under or over private land or building within the municipal limit: Provided that such work shall be done causing minimum inconvenience to the owner or any occupier of such land or building: Provided further that the Commissioner may, with the sanction of the council, pay compensation to any person for any damage sustained by him in the course of any work undertaken in pursuance of powers vested under this section. (2) No person shall without the permission of the Commissioner make any connection from his land or building with any municipal cable, wire, pipe, drain or channel with any of his neighbours so as to secure any water or drainage connection or electric supply. (3) The Commissioner may remove, demolish, alter or close any connection so made in contravention of the provisions of sub-section (2) after giving notice in this behalf. (4) The Commissioner or any person authorised by him in this behalf may, together with his workmen enter into any private land or building for the purpose of executing any municipal work for the purpose of dumping any soil, gravel stone or other materials in such lands after giving three days notice: Provided that in case of emergency, the Commissioner may enter the premises or land after informing the owner or occupier in this behalf.

The Commissioner may make arrangements to repair any tank, river bed, pond, street or any public well and while making arrangements for executing such repair or other work, the Commissioner may, to avoid imminent danger to any person residing nearby, by an order, temporarily remove them till the completion of the work.

(1) If in the opinion of the Commissioner,- (a) any pool, ditch, tank, well, pond, bog, swamp quarry-hole, drain, cess pool, pit, watercourse, or any collection of water, or (b) any land on which water may at any time accumulate or is likely to become a breeding place of mosquitoes or in any other respect is a nuisance the Commissioner may by notice require the owner or person having control thereof to fill up, cover over, weed, stock with larvicidal fish, petrolize, drain or drain off the same in such manner and with such materials as the Commissioner shall direct to take such order with the same for removing or abating the nuisance as the Commissioner shall direct.