Power of Comd to up wS in road W b l e places and levy b 8

(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,