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THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

THE TAMIL NADU DISTRICT MUNICIPALITIES ACT, 1920 (TAMIL NADU ACT V
[With amendments till 20

! 1920"
!

Disclaimer: The document is published for academic interest. For accuracy, the viewers are advised to verify the gazette notification.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

THE TAMIL NADU DISTRICT MUNICIPALITIES ACT, 1920 (TAMIL NADU ACT V C NTENTS "#$T%&' PART # I $+)(T#, - I PRELIMINAR$ 1% 2. /. /-). /-2. /-$. /-0. /-#. /-F. /-*5 /-**. /-***. /-+. /-%. /-6. /-8. Title and e.tent ,epeal of 0efinitions ................................................................................ $+)(T#, %-) THIRD &RADE MUNICIPALITIES )pplication of $hapter ............................................................................... Formation of Third *rade $onstitution of Third *rade %ncorporation of Third *rade )lteration of classification of transitional area "trength of a Third *rade 0uration of Third *rade )ppointment of "pecial officer in certain )ppointment of "pecial &fficer in certain #lection of members to Third *rade ,eservation of 0ivision of Third *rade 7unicipality into Term of office of members ......................................................................... 2 2 2 21 21 23 24 24 24 /0 /0 /0 / / /2 /2 ()*# ! 1920"

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

'

"#$T%&' /-9 /-7 /-77. /-'.

#lectoral roll )pplication of the )ct to Third *rade 7unicipalities "pecial provisions relating to village panchayat constituted as Third *rade 7unicipality $hapter to override other laws $+)(T#, %-2 T (N PANCHA$ATS

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/-0. /-(. /-;. /-,. /-". /-T. /->. /-?. /-W. /-@. /-A. /-B. /-)). /-22. /-$$.

)pplication of Formation of town panchayats $onstitution of town panchayats ............................................................... %ncorporation of town )lteration of classification of panchayat "trength of a town 0uration of town #9#$T%&' )'0 T#,7 &F &FF%$# &F 7#72#," #lection of members to town ,eservation of 0ivision of town panchayats into Term of office of members #lectoral )pplication of the )ct to town panchayats ............................................... $hapter to override other laws "pecial provisions relating to village panchayat $onstituted as town panchayat PART II #"T)29%"+7#'T, $&'"T%T>T%&' )'0 *&?#,'7#'T &F 0%"T,%$T 7>'%$%()9%T%#" $+)(T#, %% CREATI N AND A) LITI N ! MUNICIPALITIES

/: /: /< /< /< /= /= /= /= /1 /1 /3 /3 /3 /3

:. :-) :-2 <.

$reation of 7unicipalities Townships 0eclaration of a Township to be a 7unicipality 0uration of 7unicipality $+)(T#, %%% C NSTITUTI N ! MUNICIPAL AUTH RITIES AUTHORITIES The 7unicipal )uthorities and their incorporation $onstitution of $ouncil #lection of chairman

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:2 :2

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

"#$T%&' 1-2 to 1-F. [CCC! &mitted 3 4. 0. . 2. 2-). 2-2. 2-22. 2-$. Term of [CCC! $ouncillors and filling of seats (rocedure when no [CCC! $ouncillor is elected [CCC! &mitted [CCC! &mitted The $hairman and ?ice-$hairman of the 7unicipality (rocedure when no [$hairman or! ?ice-$hairman is elected $hairman,vice-$hairman or $ouncillor not to receive remuneration $hairman, vice-$hairman or $ouncillor to obtain permission to under taDe trip to foreign country $ommissioner !UNCTI NS ! THE SEVERAL AUTH RITIES THE CHAIRMAN AND THE EXECUTIVE AUTHORITY Functions of the $hairman............................................................ Functions of the #.ecutive )uthority ........................................... ,ights of $hairman where a $ommissioner has been appointed ...... The $hairman to be member and of every $ommittee of the $ouncil #mergency powers of #.ecutive )uthority........................... (ower of #.ecutive )uthority to incur petty contingent e.penditure ..... [CCC! &mitted .................................................................................. 0elegation and devolution of functions of ,ights and duties of the THE COUNCIL Functions of the $ouncil 0uties and powers of individual $ouncilEs power to call for #.ecutive authority to carry out $ouncilEs )ppointment of "tanding Ta.ation )ppeals )ppointment of "pecial (reparation of development Wards $onstitution of Wards $ommittee Term of &ffice of $hairperson of Wards $ommittee Functions and 0uties of Wards $ommittee $onstitution of )rea "abha Term of &ffice of $hairperson of )rea "abha Functions and 0uties of )rea "abha ,ules and regulations for proceedings of )ppointment of 6oint 'otification of (residency of [C C C! &mitted $ouncillor when to abstain from taDing part in discussion and voting (ower of $hairman, vice-$hairman or $ouncillor to resign ...................

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:3 :3 :3 :4 :4 :4 <0 < <2 <2 <2 <2 <2 </ </ </ <: << << << << << << << << <= <= <1 <3

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

SECTION /2. //. /:. /<. /=. /1. /3. /3-). /4. :0. :0-). :0-2. :0-22 :0-$. : . :2.

()*# )cts of 7unicipal $ouncil, etc., not to be invalidated by informality, etc. ADMINISTRATION REPORT )nnual )dministration CONTROLLING AUTHORITIES (ower of "tate *overnment and $ollector for purposes on control $ollectorEs power to enforce e.ecution of (ower to suspend or cancel resolutions, etc., under #mergency powers of $ollectors "tate *overnmentEs power to appoint officers to supervise municipality $ontrol over municipal electrical "tate *overnmentEs power to undertaDe worDs for, or to taDe action in default of a 7unicipality "tate *overnment to remove $hairman or vice7otion of no confidence in $hairman or vice[CCC! &mitted [CCC! &mitted [CCC! &mitted "tate *overnmentEs power to dissolve FCCCG (owers of officers acting for, or in default of, 7unicipal $ouncil and liability of 7unicipal Fund $+)(T#, %? ELECTI N AND APP INTMENT ! C UNCILL RS ELECTIONS #lection of 7unicipal $ouncillors #lection of same person for more than one ward "pecial provision relating to election #lection to the 7unicipalities including Third *rade 7unicipalities and Town (anchayats *rant of paid holiday to #mployees on the day of poll (ower of "tate *overnment to maDe election rules ?oting machines at elections ;ualifications for inclusion in electoral roll for 7unicipality and (ublication, thereof <3 <3 <4 =0 =0 = = =2 =/ =/

== =3

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=4 =4 10 10 10 1 1 1 1< 1< 1= 1=

::-). 6urisdiction of $ivil $ourts barred .................... 7aDing false declaration ::-2. .................... [CCC! &mitted :<. :=. [CCC! &mitted :1. 0isHualification of voter QUALIFICATIONS FOR MEMBERSHIP OF COUNCIL :3. ;ualification of $andidates ....................

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

"#$T%&' :3-). (owers of Tamil 'adu "tate #lection $ommission "tatements made by persons to the Tamil 'adu "tate #lection :3-2. $ommission (rocedure to be followed by the Tamil 'adu "tate #lection :3-$. $ommission :3-0. (rotection of action taDen in good faith :4. 0isHualification of candidates :4-). 0isHualification for $hairman, ?ice-$hairman and $ouncillor <0. 0isHualification of $ouncillors <0-). &ath or affirmation < . 0ecision of Huestions of disHualification of $ouncillors by district 6udge DISPUTES REGARDING ELECTIONS < -). #lection petitions < -2. *rounds for declaring elections to be void CORRUPT PRACTICES < -$. $orrupt practices ELECTION OFFENCES [CCCI &mitted <2 to << <=. %nfringement of secrecy of election <=-). 7inimum penalty for personation at an election <=-2. (romoting enmity between classes in connection with election (rohibition of public meetings on the day preceding the election <=-$. day and on the election day <=-0. 0isturbances at election meetings <=-#. ,estrictions on the printing of pamphlets, posters, etc &fficers, etc., at elections not to act for candidates or to influence <=-F. voting <=-*. (rohibition of canvassing in or near polling stations <=-+. (enalty for disorderly conduct in or near polling stations <=-%. (enalty for misconduct at the polling station <=-6. (enalty for illegal hiring or procuring of conveyances at elections <=-8. 2reaches of official duty in connection with election <=-9. ,emoval of ballot papers from polling station to be an offence <=-7. &ther offences and penalties therefor <=-'. (rosecution regarding certain election offences [CCC! &mitted <1-<4 =0. 0isHualification of persons convicted of election offences REQUISITIONING OF PROPERTY FOR ELECTION PURPOSES =0-). ,eHuisitioning of premises, vehicles, etc,. for election purposes =0-2. (ayment of compensation =0-$ (ower to obtain information .

()*# 1= 11 13 13 13 30 30 3/ 3/ 3: 3< 3=

31 31 31 31 33 33 34 34 40 40 4 4 42 42 42 42 4/ 4: 4=

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

=0-0. =0-#. =0-F. =0-*. =0-+.

(owers of entry into and inspection of premises, etc #viction from reHuisitioned premises ,elease of premises from reHuisition 0elegation of functions of the "tate *overnment with regard to reHuisitioning (enalty for contravention of any order regarding reHuisitioning $+)(T#, ? P (ERS ! MUNICIPAL AUTH RITIES IN RESPECT PR PERT$, C NTRACTS AND ESTA)LISHMENT PROPERTY

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= . = -). =2. =/. =:. =<. ==. =1. =3. =3-). =4. 10. 1 . 12. 1/. 1/-). 1:. 1<. 1=. 1=-). 11.

?esting of public streets and appurtenances in the 7unicipal $ouncil 0uty of municipal $ouncil in respect of public streets withdrawn from its control $ollected sewage, etc., to belong to 7unicipal $ouncil (ower of 2oard of ,evenue to transfer control of endowments to municipal $ouncil %nventory of municipal 9imitation of power to accept property in &bJects not provided for by this (rocedure for acHuisition of immovable of property under the 9and )cHuisition )ct, 34: CONTRACTS 0elegation of authority to contract and contractual powers of persons appointed by *overnment ,ules regarding the conditions on which contracts may be 7ode of e.ecuting #stablishment of 7unicipal The "ecretary, the +ealth &fficer and the Filling up of the appointment of +ealth &fficer, #ngineer or #lectrical #ngineer Filling up of appointments other than those specified in "ections 2-$ and 12 (ower of "tate *overnment to transfer officers and servants of 7unicipalities or $orporations (ower of $ouncil to frame service (ower to punish 7unicipal &fficers or (ower to grant leave to (ower of "tate *overnment to appoint +ealth &fficer, #ngineer or #lectrical #ngineer "pecial provisions regarding *overnment servants lent to $ouncil

43 43 44 44 00 00 00 00 0 02 02 02 0/ 0: 0< 0< 0= 01 01 03 03

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

"#$T%&' 11-). (rovincialisation of any class of 7unicipal officers or servants ... Teachers Fincluding headmastersG and other persons employed in 11-)). connection with the 7unicipal schools to be *overnment servant. 7anagement of certain 7unicipal $olleges and appointment of 11-2. staff, etc., thereto KKKKKKKKK. PART III $+)(T#, ?% T)@)T%&' )'0 F%')'$# #numeration of ordinary ta.es and powers of $ontrol of "tate 13. *overnment 13-). 0uty on transfers of "pecial 14. ta.ation ........................................................................................ 30. 'otification of new ta.es "aving for certain provisions of the 30-). $onstitution ...................................... THE PROPERTY TAX 0escription and classes of property 3 . ta.of ...................................................... 9evy property ta. on a direction by 3 -). *overnment ............................... 32. 7ethod of assessment of 3/. *eneral 3:. Ta.ation to be 3<. (roperty ta. a first charge on 3=. (roperty ta. when 31. ?acancy 33. &bligation of transferor and transferee to give notice of &wnerEs obligation to give notice of construction, re-construction 34. or demolition of building ,emission of ta. in areas included or e.cluded in the middle of a 40. half-year (ower of #.ecutive )uthority to call for information and to #nter 4 . upon premises 42. 4/-41-) 43. 44. 00. 0 . 02. 0/. [CCC! &mitted [CCC! &mitted TAX ON CARRIAGES AND ANIMALS *eneral provisions regarding ta. on carriages and animals 9iability to ta. according to period for which carriage or animal has been Dept #.emptions $omposition Forms to be sent to and returned by ta.-payers *rant of license on payment of ta.

()*# 04 0 0

2 / / : : : = 1 3 20 2 2 2 22 2/ 2/ 2:

2< 2< 2= 21 21 21

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

"#$T%&' (ower to reHuire numbers to be affi.ed to bicycles, 0:. etc ....................... *eneral provisions regarding cart0<. ta. ...................................................... 0=. (ower to remit TAXES LEVIABLE UNDER SECTIONS 98 AND 10 (repayment of municipal ta. condition precedent to registration under Tamil 'adu )ct ? of 4 . PO!ERS TO SEI"E CARRIAGES AND CARTS NOT BEARING NUMBERS "eizure of vehicles not bearing 01. numbers .................................................. TAX ON ADVERTISEMENTS 01-). Ta. on advertisements (rohibition of advertisements without written (ermission of 01-2. #.ecutive )uthority. (ermission of the #.ecutive )uthority to become void in certain 01-$. cases 01-0. &wner or person in occupation to be deemed 01-#. ,emoval of unauthorised $ollection of ta. on 01-F. advertisement ......................................................... TAX ON SERVANTS *eneral provisions regarding servants 03. ta. ............................................... 04. (ower tocall for lists of 0. to :. [CCC! &mitted <. [CCC! &mitted PILGRIM TAX =. 9evy of pilgrim ta. =-) to [CCC! &mitted =-$ GENERAL PROVISIONS REGARDING TAXATION AND FINANCE 1. (ower to e.empt from 1-). (ower to assess in case of escape from 3. (ower to write off irrecoverable ta.es, 4. 0efinition of municipal 20. 2udget 2 . ,evised or "upplemental 22. )ppointment of )uditors of 2/. $ontributions to e.penditure by other local 2:. )pplication of "chedule 2:-). ,ecovery of loans and advances made by the "tate *overnment 2:-2. $onstitution of Finance $ommission ....................................................... 0=-).

()*# 23 23 24

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THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

10

"#$T%&' 2:-$. 2:-0. 2:-#. 2:-F. 2:-*. 2:-+. 2:-%. 2:-6. 2:-8.

2<. 2=. 21. 23. 24. /0. / . /2. /2-). //. /:. /<. /=. /1.

$+)(T#,-?%-) TA/ N PR !ESSI N, TRADE, CALLIN& AND EMPL $MENT 0efinitions .......................................................................................... 9evy of profession #mployers liability to deduct and pay ta. on behalf of the #mployees. Filing of returns by #mployer .................................................................. )ssessment of the (enalty and )ppeal ...................................................................................................... #.emptions .......................................................................................... ,epeal and savings PART IV (>29%$ +#)9T+ ")F#TA )'0 $&'?#'%#'$# $+)(T#, ?%% (ATER#SUPPL$, LI&HTIN& AND DRAINA&E !ATER#SUPPLY#VESTING OF !OR$S AND PO!ERS OF MUNICIPAL AUTHORITIES ?esting of worDs in municipal $onstruction and maintenance of waterTrespass on premises connected with water-supply ................................ (rohibition of building over water mains ................................................ SUPPLY FOR DOMESTIC USE $ouncil to provide water for domestic use ............................................. $ontrol over houseconnections ............................................................... (rivate water-supply for consumption and domestic use and powers of #.ecutive )uthority to enforce provision for water-supply (ower of #.ecutive )uthority to supply water for non-domestic purposes PAYMENT FOR !ATER (ower of $ouncil to maDe by-laws for water-supply .............................. SUPPLY BEYOND LIMITS OF MUNICIPALITY "upply without the CUTTING OFF !ATER#SUPPLY (ower to cut off water'on-liability of $ouncil for reduction or stoppage of supply in certain cases LIGHTING (rovision for lighting public PUBLIC DRAINAGE 7aintenance of system of drainage by $ouncil .....................................

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THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

11

"#$T%&' /3. /4. :0. : . :2. :/. ::. :<. :=. :1. :3. :4. <0. PRIVATE DRAINAGE $ontrol over house-drains, privies and cess$onnection of house-drains with public #.ecutive authority may close or limit the use of e.isting private drains (ower of #.ecutive )uthority to drain premises in 2uilding, etc., not to be erected without permission over $onstruction of culverts or drain-coverings by owner or 7aintenance of troughs and pipes for catching PUBLIC LATRINES (rovision of public latrines and PRIVATE LATRINES (rovision of latrines by owner or (rovision of latrines for (rovision of latrines for marDets, cart-stands, cattle-sheds, choultry, etc . 9atrines to be screened from view and Dept GENERAL PO!ERS (ower to carry wire, pipes, drains, etc., through private property subJect to causing at little inconveniences as possible and paying for direct damage (rohibition against maDing connection with mains without permission (owers in respect of worDs outside the $+)(T#, ?%%% SCAVEN&IN& 7unicipality to arrange for the removal of rubbish and [CCC! &mitted [CCC! &mitted $ontributions from persons having control over places of pilgrimage, etc (rohibition of improper disposal of carcasses, rubbish and (rohibition against Deeping filth on premises too long. (rohibition against allowing outflow of (rohibition against using any cart without cover in the removal of filth, etc (rohibition against throwing rubbish or filth into $+)(T#, %@ STREETS PUBLIC STREETS 7aintenance and repair of

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=2.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920 "#$T%&' =2(lanting and preservation of avenue trees ). =/............. (owers of municipal =:. (ower to dispose of permanently closed =<. )cHuisition of land and buildings for improvement of ==. (ower to prescribe building line and street 2uildings not to be constructed within street alignment or =1. building line =3. "etting bacD proJecting buildings or =4. "etting buildings forward to improve line of 10. (roJected streets 1 . Watering of 12. Temporary closure of 1/. (rotection of appurtenances and materials of (ower of 7unicipality to recover e.penses caused by 1:. e.traordinary traffic 1:-). [CCC! &mitted PRIVATE STREETS &wnerEs obligation to maDe a street when disposing land as 1<. building sites 1=. 7aDing of new private 11. )lteration or demolition of street made in breach of section (ower of #.ecutive )uthority to order worD to %& carried out or to 13. carry it out himself in default 14. ,ight of owners to reHuire street to be declared ENCROACHMENT ON STREETS 30. (rohibition against obstructions in or over 30-). (ublic streets open to (rohibition and regulation of doors, ground-floor windows and 3 . bars opening outwards 32. ,emoval of 3/. (ower to allow certain proJections and 3:. (recautions during repair of 3<. (rohibition against removal of bars and 3=. (rohibition against maDing holes and causing 31. 9icense for worD on buildings liDely to cause 33. $learing of debris of fallen houses etc., by NAMING OF STREETS' ETC 34. 'aming of public streets, NUMBERS ON BUILDINGS 40. 'umbering of buildings ............................................................................

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== == =1 =3 =3 =3 =3 =3 =4 =4 10 10 10 10 1 1 1

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920 "#$T%&' $+)(T#, @ )UILDIN& RE&ULATI NS GENERAL PO!ERS

1' ()*#

4 . 42. 4/. 4:. 4<. 4=. 41. 43. 44. 200. 20 . 202. 20/. 20:. 20<. 20=. 201. 203. 204. 2 0. 2 . 2 2. 2 /. 2 :. 2 <. 2 <-).

2uilding 2uilding site and construction or reconstruction of (ower of $ouncil to regulate future construction of certain classes of buildings in particular streets or localities 2uildings at corner of (rohibition against use of inflammable materials for buildings without permission (rohibition against constructing doors, ground-floor windows and bars so as to open outwards BUILDINGS OTHER THAN HUTS )pplication to construct or reconstruct 'ecessity for prior approval of (rohibition against commencement of worD without permission .............. (eriod within which #.ecutive )uthority is to signify approval or disapproval (eriod within which #.ecutive )uthority is to grant or refuse to grant permission to e.ecute worD ,eference to $ouncil if #.ecutive )uthority delays grant or refusal of approval or permission *rounds on which approval of site for, or licence to construct or reconstruct building, may be refused 9apseof (ower of #.ecutive )uthority to reHuire alteration of "toppage of worD endangering human !ELLS )pplication of certain sections to HUTS )pplication to construct or reconstruct (rohibition against commencement of worD without (eriod within which #.ecutive )uthority is to grant or refuse to grant permission to e.ecute the worD ,eference to $ouncil if #.ecutive )uthority delays passing orders *rounds on which permission to construct or reconstruct hut may be refused 9apseof EXTERNAL !ALLS ALTERATIONS AND ADDITIONS 7aintenance of e.ternal walls in )pplication of provisions to alterations and (rovision of ,ain Water +arvesting "tructure

1/ 1: 1: 1< 1< 1< 1= 1= 1= 1= 1= 11 11 13 13 13 13 14 14 14 14 30 30 30 30 3

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920 "#$T%&' 2 =. 2 1. 2 1-). 2 1-2. 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 1-$. 1-0. 1-00. 1-#. 1-F. 1-*. 1-+. 1-%. 1-6. 1-8. 1-9. 1-7. 1-'. 1-&. 1-(. 1-;. PO!ERS OF THE EXECUTIVE AUTHORITY 0emolition or alteration of building worD unlawfully commenced, carried on or completed #.emptions ...................................................................................... $+)(T#, @-) )UILDIN& RE&ULATI NS IN HILL STATI NS )pplication of (rohibition of construction or reconstruction of buildings, etc., without licence )pplication for licence *rant of licence *rant of licence by the #.ecutive )uthority in certain (ower to cancel or suspend (eriod of (enalties .................................................................................. (enalty for subseHuent offence &ffences by (ower to stop worD ,eview ............................................................................................. ,evision by +igh $ourt 2ar of $ivil $ourts not to decide Huestions under this $hapter to override other 0elegation of powers of *overnment under this (ower to e.empt or rela. ......................................................................... $+)(T#, @% NUISANCES DANGEROUS STRUCTURES' TREES AND PLACES (recautions in case of dangerous (recaution in case of dangerous (recautions in case of dangerous tanDs, wells, holes, (ower to stop dangerous (recautions against CONTROL OVER !ATERS' ETC( (rohibition of construction of wells, tanDs, etc., without the permission of the #.ecutive )uthority Filling in of pools, etc., which are a ,egulation or prohibition of certain Dinds of $leansing of insanitary private tanD or well used for 0uty of $ouncil in respect of public well or receptacle of stagnant water

1* PAGE 3 32 3: 3: 3< 31 31 33 33 33 34 34 40 40 4 4 42 42 42 4/

2 3. 2 4. 220. 22 . 222. 22/. 22:. 22<. 22=. 221.

4: 4: 4< 4< 4< 4= 4= 41 41 43

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

1+

"#$T%&' ()*# 221-) (ublic wells, etc., open to all 43 223. (rohibition against or regulation of washing animals or clothes or 43 fishing or drinDing in public water-courses, tanDs, etc 224. (rovision of public wash43 2/0. (rohibition against washing by washermen at unauthorised 44 (rohibition against defiling of water tanDs, etc., Whether public or 2/ . 44 private CONTROL OVER ABANDONED LANDS' UNTRIMMED HEDGES' ETC( 2/2. >ntenanted buildings or 44 2//. ,emoval of filth or no.ious 200 2/:. Fencing of buildings or lands and pruning of hedges and 200 CONTROL OVER INSANITARY BUILDINGS 2/<. 9ime washing and cleaning of 200 2/=. Further powers with reference to insanitary 200 . 2/1 2uildings unfit for human 20 2/3. )batement of over-crowding in dwelling-house or dwelling202 CONTROL OVER CERTAIN ANIMALS 2/4. (rohibition against feeding certain animals on 20/ (rohibition against Deeping animal so as to be a nuisance or 2:0. 20/ dangerous 2: . (ower to destroy stray pigs and 20: GENERAL (ower of #.ecutive )uthority to use or sell materials of 2:2. dangerous structure taDen down, etc., and procedure when 20/ there is no owner or occupier 9imitation of 2:/. 20/ compensation ...................................................................... $+)(T#, @%% LICENCES AND !EES GENERAL EXEMPTION *overnment and 7arDet $ommittees not to obtain licences and 2::. 20: permissions $EEPING OF ANIMALS 2:<. 9icences for places in which animals are 20: *eneral powers of control over stables, cattle-sheds and cow2:=. 20< houses (ower to direct discontinuance of use of buildings as stable, 2:1. 20< cattle-shed or cow-house 2:3. [CCC! &mitted INDUSTRIES AND FACTORIES 2:4. (urposes for which places may not be used without licence ....... 20<

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

1,

"#$T%&' 2<0. 2< . 2<2. 2</. 2<:. 2<<. 2<=. 2<1. 2<3. 2<4. 2=0. 2= . 2=2. 2=2-). 2=/ 2=: 2=< 2== 2=1 2=1-). 2=3 2=4 210 210-). 210-2. 210-$. 210-0. 210-#. 21 . 212. 21/. 21:. )pplication to be made for construction, establishment or installation of factory, worDshop or worD-place in which steam or other power is to be employed $ouncil may issue directions for abatement of nuisance caused by steam or other power (ower of the "tate *overnment to pass orders or give directions to 7unicipal $ouncil The #.ecutive )uthority may enter any factory, worD-shop or worD-place (rovision of municipal slaughter-houses 9icence for slaughter-houses "laughter of animals during festivals and ceremonies "laughter of animals for sale as food ,egulation of milD trade MAR$ETS' BUTCHERS( FISHMONGERS' HA!$ERS (ublic 7arDets (owers in respect of public marDets $ontrol of the #.ecutive )uthority over public marDets 9icence for (rivate 7arDet Fee for licence "ale in unlicensed (rivate 7arDets (owers of $ouncil in respect of (rivate 7arDets "uspension or refusal of licence in default (rohibition against nuisances in private marDets (ower to close (rivate 7arDets )cHuisition of rights of private persons to hold (rivate 7arDets 0uty of e.pelling lepers, etc., from 7arDets and power to e.pel disturbers 2utcherEs, fishmongerEs and poultererEs licence (ower to prohibit or regulate sale of articles in public streets 0ecision of disputes as to whether places are 7arDets (rovision of public cart-stands, etc (rohibition of use of public place or sides of public street as cartstand, etc ,ecovery of cart-stand fees, etc 9icence for private cart-stand INSPECTION OF PLACES FOR SALE' ETC(' 0uty of #.ecutive )uthority to inspect (owers of #.ecutive )uthority for purposes of inspection (reventing inspection by #.ecutive )uthority (ower of #.ecutive )uthority to seize diseased animals, no.ious food

()*# 201 204 2 0 2 0 2 0 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 / : : < < < < = =

2 = 2 2 2 2 = 1 1 1

2 3 2 3 2 4 220 220 22 22

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

1-

"#$T%&' 21<. 21=. 211. ,emoving or interfering with articles seized (ower to destroy article seized (roduction of articles, etc., seized before 7agistrate and power of 7agistrate to deal with them DISPOSAL OF THE DEAD 213. 214. 230. 23 . 232. 23/. 23:. 23<. ,egistration or closing of ownerless places for disposal of dead 9icensing of places for disposal of dead (rovision of burial and burning grounds and crematoria within or without 7unicipality ,egister of registered, licensed and provided places and prohibition of use of other places ,eport of burials and burnings (rohibition against use of burial and burning grounds dangerous to health or over crowded with graves (rohibitions in respect of corpses *rave-diggersL licence $+)(T#, @%%-) 23<-). 23<-2. 23<-22. 23<-$. 23<-$$. 23<-0. 23<-#. 23<-F. 23<-*. 23<-+. 23<-%. 23<-6. 0efinition (rohibition for erection of hoardings ,egulation of erection of 0igital 2anners or (laycards )pplication for licence Ta. on advertisement on hoarding (ower to cancel or suspend licence ,emoval of unauthorised hoarding ,emoval of hoarding in certain other cases #.emptions )ppeal (enalty (rohibition of erection of certain hoardings, 0igital banners, or playcards $+)(T#, @%%% VITAL STATISTICS AND THE PREVENTI N ! DISEASE ?%T)9 "T)T%"T%$" $ompulsory registration of vital statistics DANGEROUS DISEASES 0efinition of dangerous disease &bligation of medical practitioner or owner or occupier of house to report dangerous disease (ower of entry into suspected places 0isinfection of buildings and article

()*# 22 22 222

222 222 22/ 22/ 22/ 22: 22: 22<

22= 22= 22= 221 223 224 224 224 224 2/0 2/0 2/0

23=. 231. 233. 234. 240.

2/2 2/2 2/2 2// 2//

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

1.

"#$T%&' 24 . 242. 24/. 24:. 24<. 24=. 241. 243. 244. /00. /0 . /02.

/0/. /0:. /0<. /0<-). /0=. /01. /03. /04. / 0. / . / 2.

(rovision of places for disinfection and power to destroy infected articles (rohibition against transfer of infected (ower of $ouncil to prohibit use of water liDely to spread infection #.ecutive authority may order removal of patients to (rohibition against infected person carrying on (rohibition against diseased person entering public 9etting of infected buildings (ower to order closure of places of public 7inor suffering from dangerous disease not to attend SMALLPOX $ompulsory &bligation to give information of (rohibition of inoculation for smallpo. ................................................... (),T ? SU)SIDIAR$ LE&ISLATI N AND PENALTIES $+)(T#, @%? RULES, )$#LA(S AND RE&ULATI NS RULES AND SCHEDULES (ower of "tate *overnment to maDe ,ules and notifications to be placed before the (ower of "tate *overnment to alter (rocedure for maDing of rules under "ection BY#LA!S (ower of $ouncil to maDe by-laws (ower to give retrospective effect to certain by(enalty for breaches of by$onditions precedent to maDing by$onfirmation of by-laws by "tate PUBLICATION OF RULES' BY#LA!S AND REGULATIONS $opies of )ct, rules and by-laws, to be sold at municipal office (ublication of regulations ......................................................................... $+)(T#, - @? PENALTIES *eneral provisions regarding penalties specified in the "chedule (enalty for acting as $ouncillor, $hairman or ?ice-$hairman when disHualified

()*# 2// 2// 2/: 2/: 2/: 2/: 2/< 2/< 2/< 2/= 2/= 2/=

2/1 2/4 2:0 2:0 2: 2:< 2:< 2:< 2:= 2:= 2:=

/ /. / :.

2:1 2:3

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

19

"#$T%&' ()*# / :-). [CCC! &mitted (enalty for acHuisition by 7unicipal &fficer of interest in / <. 2:3 contractor worD / =. (enalty for omission to taDe out licence for vehicle or 2:4 / 1. (enalty for unlawful 2:4 / 3. 'otice to scavengers before 2<0 / 4. Wrongful restraint of #.ecutive )uthority and his 2<0 /20. (enalty for not giving or giving false 2<0 information ................................ (),T ?% $+)(T#, @?% PR CEDURE AND MISCELLANE US LICENCES AND PERMISSIONS /2 . *eneral provisions regarding licences and 2< /22. )ppeals from #.ecutive )uthority to 2</ /2/. 9imitation of time for 2<: PO!ER TO SUMMON /2:. (ower of persons conducting election and other 2<: /2<. "ummons to attend and give evidence or produce 2<< NOTICES' ETC( /2=. Form of notices and 2<< /21. "ignature on 2<< /23. (ublication of 2<< /24. (ublication of by-laws, notices, orders, 2<= //0. 'otice of prohibitions or setting apart of 2<= // . 7ethod of serving 2<= RELATION OF OCCUPIER TO O!NER //2. ,ecovery by occupier of sum leviable from 2<1 ///. &bstruction of owner by 2<1 //:. #.ecution of worD by occupier in default of 2<1 PO!ER OF ENTRY AND INSPECTION OF THE EXECUTIVEY AUTHORITY //<. (ower of entry to inspect, survey or e.ecute the 2<3 //=. (ower of entry on lands adJacent to 2<3 //1. %nspection and stamping of weights and 2<4 PO!ER TO ENFORCE LICENSING PROVISIONS' ORDERS' ETC( //3. $onseHuences of failure to obtain licences, etc., or of breach of the same 2<4 //4. Time for complying with order and power to enforce in 2=0 ,ecovery of e.penses from persons liable and limitation of /:0. 2=0 liability of occupier ,elief to )gent and to /: . 2= Trustees ...............................................................

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

20

"#$T%&' ()*# /:2. (ower of #.ecutive )uthority to agree to receive payment 2= e.penses instalments PAYMENT OF COMPENSATION' ETC(' BY AND TO THE MUNICIPALITY /:/. (ower of 7unicipality to pay 2= ,ecovery of sum due as /::. 2=2 ta.es ................................................................ 9imitation for recovery of /:<. 2=2 dues ............................................................... /:=. (rocedure in dealing with surplus sale 2=2 (ersons empowered to /:1. 2=2 prosecute ............................................................. /:3. %mprisonment in default of payment and application of costs, etc. 2=/ /:4. (ayment of compensation for damage to municipal 2=/ LEGAL PROCEEDINGS /<0. %nstitution of suits against 7unicipal authorities officers and 2=: servants /< . (rovision respecting institution, etc., of civil and criminal actions 2=: and obtaining of legal advice /< -) [CCC! &mitted %nJunctions not be granted in election /< -2. 2=< proceedings ................................. %ndemnity to the *overnment, $ollector, ,evenue 0ivisional /<2. 2== &fficer, 7unicipal authorities, officers and agents 9iability of $hairman, members, and #.ecutive )uthority for /</. 2== loss, waste, or misapplication /</-). "anction for prosecution of $hairman, $ouncillor or #.ecutive 2== )uthority /<:. )ssessments, etc., not to be 2=1 POLICE /<<. 0uties of (olice 2=1 /<=. (ower of (olice &fficers to arrest 2=3 /<1. #.ercise of powers of (olice &fficer by 7unicipal 2=3 MAINTENANCE OF RECORDS 7aintenance of records and disclosure of information by the /<1-). 7unicipality including Third *rade 7unicipality and Town 2=3 (anchayat MISCELLANEOUS )pplication of term Mpublic servantE to 7unicipal officers, agents /<3. 2=4 and sub-agents (rohibition against obstruction of 7unicipal )uthorities, "ervants /<4. 2=4 and $ontractors (rohibition against removal of /=0. 2=4 marD ........................................................ (rohibition against removal or obliteration of /= . 2=4 notice ............................. (rohibition against unauthorised dealings with public place or /=2. 2=4 materials STATE GOVERNMENT)S' PO!ER OF DELEGATION 0elegation of powers by the "tate /=/. 2=4 *overnment ...................................... TRANSITIONAL AND TRANSITORY PROVISIONS /=:. (assing of property and rights to 7unicipality as reconstituted 210

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

21

"#$T%&' $ommencement of /=<. $ontinuance in office of present $hairman and /==. )ct ............................................................................. (rocedure for recovery of arrears of ta.es, /=1. $ouncillors .................. /=3. /=4. /10. /1 . /12. /1/. /1:. /1<. /1=. "pecial provision in the case of newly constituted and etc ...................................... reconstituted 7unicipal $ouncil )dJudication of disputes between local authorities ,eferences to ................................. $hairman in other enactments and notifications, etc., issued there under (ower to remove ,epeal of certain difficulties .................................................................... )cts .............................................................................. $onversion of a township into a 7unicipality or Third *rade 7unicipality (owers, authority and responsibilities of the Transitory provision 7unicipalities .................. ................................................................................. "pecial provision in respect of Third *rade 7unicipalities and validation "$+#0>9# "$+#0>9# I ........................................................................................... "$+#0>9# %% .......................................................................................... "$+#0>9# %? %%% ........................................................................................ )((#'0%@ .................................................................................. )((#'0%@ ) .................................................................................. )((#'0%@ 2 .................................................................................. "$+#0>9# $ ................................................................................... "$+#0>9# ? .......................................................................................... "$+#0>9# ?% ........................................................................................ "$+#0>9# ?%% ....................................................................................... "$+#0>9# ?%%% ...................................................................................... "$+#0>9# %@ ........................................................................................ @ ..........................................................................................

()*# 210 21 212 212 21/ 21: 21< 21< 21< 211 211 213 214 230 230 23/ / = / 1 / 3 / 4 /22 /2/ /// //= //1

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

22

THE TAMIL NADU DISTRICT MUNICIPALITIES ACT, 1920 (Tamil Na01 )ct ? of 420G An Act to consolidate and amend the law relating to District Municipalities. Pream2le %3 W+#,#)" it is e.pedient to consolidate and amend the law relating to 0istrict 7unicipalities in the ["tate of Tamil 'adu! and whereas the previous sanction of the *overnor-*eneral has been obtained under "ection 14 of the *overnment of %ndia )ct, 4 <, to the passing of this )ctN %t is hereby enacted as follows 5O (),T % CHAPTER I (,#9%7%'),A 1% Ti4le a50 e64e54 %3 F G This )ct may be called the 2[Tamil 'adu! 0istrict 7unicipalities )ct, 420. / [F2G %t e.tends to the whole of the ["tate of Tamil 'adu!, e.cept the $ity of : [$hennai!. 2% Re7eal 89 e5ac4me54s .OThe enactments mentioned in "chedule % are repealed to the e.tent specified in the fourth column thereof. '% De9i5i4i85s .O%n this )ct unless there is anything repugnant in the subJect or conte.t < [F GCCCCC! PPPPPPPPPPPPPPPPPPPPPPPPP . "ubstituted for the e.pression Q(residency of 7adrasQ by the Tamil 'adu )daptation of 9aws &rder, 410, which was deemed to have come into force on the :th 6anuary 4=4. 2. "ubstituted for the word Q7adrasQ by the Tamil 'adu )daptation of 9aws &rder, 4=4, as amended by the Tamil 'adu )daptation of 9aws F"econd )mendmentG &rder, 4=4, which came into force on the :th 6anuary 4=4. /. "ubstituted for the original sub-section by "ection / of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. :. "ubstituted for the word Q7adrasQ by the $ity of 7adras F)lteration of 'ameG )ct, 44= FTamil 'adu )ct 23 of 44=GG <. This clause was omitted by Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 41/ FTamil 'adu )ct 1 of 41/G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2'

[F -2G! :A778i54: includes to appoint temporarily or in an officiating capacity N (2):A778i54me54: includes temporary and officiating appointments N [F2-)GCCCC! [RF2-)G Rarea sabhaS means, in relation to an area, the body of all the persons registered in the electoral rolls pertaining to all polling booths in the area5S!2
2 2

(3):)1il0i5;: includes a house, out-house, stable, latrine, shed, hut, wall Fother than a boundary wall not e.ceeding eight feet in heightG and any other such structure, whether of masonry, bricDs, wood, mud, metal or any other material whatsoever N (4):)1il0i5;#li5e: 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 e.tendN

[F<G :Carria;e: means any wheeled vehicle with springs or other appliances acting as springs and includes any Dind of bicycle, tricycle, ricDshaw and palanHuin, but does not include any motor vehicle within the meaning of the %ndian 7otor ?ehicles )ct, 4l:N F=G E$artE includes any wheeled vehicle which is not a carriage but does not include any motor vehicle within the meaning of the %ndian 7otor ?ehicles )ct, 4 ::! N
F1G :Cas1al <aca5c=: means a vacancy occurring otherwise than by efflu. by time
<

[CCC! and :cas1al elec4i85: means an election held on the occurrence of a casual vacancyN
=

[F1-)G >C?airma5> means the $hairman of the 1[T?ir0 &ra0e M15ici7ali4=!, 3 @T8A5 Pa5c?a=a4! or the 7unicipality, as the case may beN! [F3G :C8m7a5=: means a $ompany as defined in the %ndian $ompanies )ct, 4 / F$entral )ct ?%% of 4 /GC, or. formed in pursuance of an )ct of (arliament 0[of the >nited 8ingdom! or of ,oyal $harter or 9etters (atent, or of an )ct of the 9egislature of a 2ritish (ossession and includes any firm or PPPPPPPPPPPPPPPPPPPPPPPPP $lause F G of the original section was re-numbered as clause F -2G by "ection : FiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G 2. $lause F2-)G was inserted by the Tamil 'adu 0istrict 7unicipalities )ct, 44< FTamil 'adu )ct /: of 44<Gand omitted by the Tamil 'adu 7unicipal 9aws F"econd )mendmentG)ct, 44=FTamil 'adu )ct 1 of 44=G and newly inserted by )ct /< of 20 0 /. "ubstituted for the original clauses by "chedule % to the Tamil 'adu 7otor ?ehicles Ta.ation )ct, 4/ FTamil 'adu )ct %%% of 4/ G. :. S&& now, the 7otor ?ehicles )ct, 433 F$entral )ct <4 of 433G. <. The words Qin the office of an elected $ouncillor, ?ice-$hairman or $hairmanQ were omitted by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. =. %nserted by Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 44: F2< of 44:G 1. "ubstituted for the words QTown (anchayatQ by Tamil 'adu )ct 2: of 200:. 3. The words MTown (anchayatE added by Tamil 'adu )ct 3 of 200=. 4. This clause was substituted for the original clause by "ection :FiiiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0. 0. These words were inserted by the )daptation F)mendmentG &rder of 4<0. C "ee now the $ompanies )ct, 4<= F$entral )ct % of 4<=G. .
4

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2*

association carrying on business in the ["tate of Tamil 'adu! whether incorporated or not and whether its principal place of business is situated in the 2[said "tate! or not! F3-)G :0rai5: means a rain or storm water drain and water tables, chutes and the said drain e.clusively meant to drain away the rain water falling on the surface of any street, bridge or causeway, but does not include a drain or sewer within the meaning of the : [$hennai! 7etropolitan Water "upply and "ewerage )ct, 413!NFTamil 'adu )ct 23 of 413G [F3-))G :Elec4i85 a14?8ri4=: means such authority not being the $hairman or ?ice$hairman or a $ouncillor as may be prescribed! N < [F3-2G :E1r87ea5: means any person of #uropean descent who either was born in or has a domicile in the >nited 8ingdom or in any 2ritish (ossession or in any = [part of %ndia!, or whose father was so born or has or had up to the date of the birth of the person in Huestion such a domicile! [F3-$G BE6ec14i<e A14?8ri4=: means an officer of the "tate *overnment, or of the local authority Fnot being the $hairman or ?ice-$hairman or a member of the $ouncilG as may be specified by the "tate *overnment! N
F4G :!il4?: includes sewage, night-soil, dung, dirt, putrid and putrefying substances and all offensive matterN
3 1 < /

[F4-)G B!i5a5ce C8mmissi85: means the $ommission referred to in "ection 2:-2 N!

(9) :Hill s4a4i85: means a place specified in "chedule %% and includes any other place

which may be notified by the 4["tate! *overnment as a hill station N


(10) :H14: means any building which is constructed principally of wood, mud, leaves, grass or thatch and includes any temporary structure of whatever

PPPPPPPPPPPPPPPPPPPPPPPPP . "ubstituted for the e.pression Q(residency of 7adrasQ by the Tamil 'adu )daptation of 9aws &rder, 410. 2. These words were substituted for the words Qsaid (residencyQ by i%id( /. %nserted by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 413 FTamil 'adu )ct 2/ of 413G :. "ubstituted for the word Q7adrasQ by the $ity of 7adras F)lteration of 'ame )ct, 44= FTamil 'adu )ct 23 of 44=GG <. $lauses F3-))G and F3-2G were inserted by "ection :FivG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. =. "ubstituted for the words Q"tate of %ndiaQ by "ection : of, and the Third "chedule to, the Tamil 'adu ,epealing and )mending )ct, 4=1 FTamil 'adu )ct @@? of 4=1G. 1. "ubstituted by Tamil 'adu )ct of 2/T 413. 3. )dded by The Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 44: FTamil 'adu )ct 2< of 44:G. 4. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2+

size or any small building of whatever material made which the $ouncil may declare to be a hut for the purposes of this )ctN [F -)G :I50ia5 C?ris4ia5: means a native of %ndia who is or in good faith claims to be, of unmi.ed )siatic descent and who professes any form of the $hristian religion.! 2 [F -2G :I5s7ec48r: means any officer not below the ranD of a 0istrict $ollector appointed by the "tate *overnment to e.ercise or perform any of the powers or duties of the %nspector under this )ctN! F 2G :La4ri5e: includes privy, water-closet and urinalN
/ : 2

F 2-)G[CCC! [F 2-2G :L8cal a14?8ri4=: includes a $antonment authority! N

[F 2-$G :M15ici7al C815cil: means the $ouncil of the Third *rade 7unicipality <[the Town (anchayat! or the 7unicipality, as the case may beN F 2-0G :M15ici7ali4=: means an institution of self-government constituted for a smaller urban area as defined in clause F2G of )rticle 2:/ ; of the $onstitutionN! F /G:M15ici7al 899ice: means the principal office of any 7unicipal $ouncilN
(1*" :N1isa5ce: includes any act, omission, place or thing causes or is liDely to cause

inJury, danger, annoyance or offence to the sense of sight, smell or hearing or which is or may be dangerous to life or inJurious to health or propertyN
(1+" : cc17ier: includes any person for the time being paying or liable to pay to the owner, the rent or any portion of the rent of the land or building or part of the same in respect of which the word is usedN

[F =G : r0i5ar= <aca5c=: means a vacancy occurring by efflu. of time and means an election held on the occurrence of an ordinary vacancy! N F 1G : A5er: includes FaG the person for the time being receiving or entitled to receive whether on his own account or as agent, trustee, guardian, manager PPPPPPPPPPPPPPPPPPPPPPPPP . This clause was inserted by "ection :FvG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. )dded by The Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 44: FTamil 'adu )ct 2< of 44:G. /. $lause F 2-)G was omitted by the )daptation &rder of 4/1. :. This clause was inserted by "ection : FviG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. <. The word MTown (anchayatE added by Tamil 'adu )ct 3 of 200=. =. This clause was substituted for the original clause by "ection :FviiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2,

or receiver for another person, or for any religious or charitable purpose the rent or profits of the property, in conne.ion with which the word is used, and *%+ the person for the time being in charge of the animal or vehicle, in conne.ion with which the word is used N F 3G:Pala5C1i5: includes tonJons, manchils and chairs carried by men by means of posts, but not slings or cots used for the conveyance of children or aged or sicD people. F 3-)G @>Pa5c?a=a4 T8A5> means an area in transition from a rural area to an urban area classified as (anchayat Town under "ection /( N F 4G :Prescri2e0: means prescribed by the 2["tate *overnment! by rules made under this )ctN F20G :Pri<a4e s4ree4: means any street, road, sHuare, court, alley, passage or riding-path, which is not a Epublic streetE 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 N
/

F2 G :P12lic s4ree4: means any street, road, sHuare, court, alley, passage or riding-path [over which the public have a right of way! whether a thoroughfare or not, and include O FaG the roadway over any public bridge or causewayN
FbG the footway attached to any such street, public bridge or causewayN and

FcG 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 upto the boundaries of the adJacent property whether that property is private property or property belonging to :[the *overnment! N F22G :P12lic Aa4er-c81rses, s7ri5;s, Aells a50 4a5Ds: include those used by the public to such an e.tent as to give a prescriptive right to such use N F2/G :RailAa=: includes a tramwayN

PPPPPPPPPPPPPPPPPPPPPPPPP . "ubstituted by Tamil 'adu )ct 3 of 200=. 2. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the words Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. /. These words which occurred after the words Qwhether a thoroughfare or notQ were placed before those words by "ection : FviiiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. :. The words the $rownQ were substituted for the word Q*overnmentQ by the )daptation &rder of 4/1 and the word Q*overnmentQ was substituted for Q$rownQ by the )daptation &rder of 4<0.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2-

F2:G :Rec85s4r1c4i85: of a building includes O FaG the re-erection wholly or partially of a building after more than one-half of its cubical contents has been taDen down or burnt down, or has fallen down whether at one time or notN FbG the re-erection wholly or partially of any building of which an outer wall has been taDen down or burnt down or has fallen down to or within ten feet of the ground adJoining the lowest storey of the building, and of any frame building which has so far been taDen down or burnt down or has fallen down as to leave only the frame worD of the lowest storeyN
FcG 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 factoryN FdG 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 factory, as the case may be N (25) BResi0e5ce:, :Resi0e: %3 ) person is deemed to have his EresidenceE or to EresideE in any house if he sometimes uses any portion thereof as a sleeping apartment, and a person is not deemed to cease to reside in any such house merely because he is absent from it or has elsewhere another dwelling in which he resides, if he is at liberty to [return to such house! at any time and has not abandoned his intention of returning N

:R122is?: means dust, ashes, broDen bricDs, mortar, broDen glass, and refuse of any Dind which is not EfilthE N (25) :Salar=: means pay and acting pay or payment by way of commission and includes e.change compensation allowances, but not allowances for house-rent, carriage-hire, or travelling e.penses N (26) :Sca<e5;er: means a person employed in collecting or removing filth, in cleaning drains or slaughter-houses or in driving carts used for the removal of filthN 2 [F23-)G :Sc?e01le0 Cas4es: shall have the same meaning as in the $onstitution N
(25)

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the words Qreturn theretoQ in the original clause by "ection : *i,+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0G FTamil 'adu )ct @ of 4/0G. 2. "ubstituted for clause F23-)G by the Tamil 'adu 7unicipalities F)mendmentG )ct, 41/ FTamil 'adu )ct 1 of 41/G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2.

F23-2G :Sc?e01le0 Tri2es: shall have the same meaning as in the $onstitution.! [F23-$G 2>@Tamil Na01E S4a4e Elec4i85 C8mmissi85> means the "tate #lection $ommission referred in "ection :/-2N F23-0G 2>@Tamil Na01E S4a4e Elec4i85 C8mmissi85er> means the 2[Tamil 'adu "tate #lection $ommissioner! referred to in "ection :/-2N! F24G:S4ree4 ali;5me54: means a line dividing the lands comprised in and forming part of a street from the adJoining land N F24-)G '@FT?ir0 &ra0e M15ici7ali4= 8r T8A5 Pa5c?a=a4E means an institution of self-government constituted for a transitional area as defined in clause F2G of )rticle 2:/-; of the $onstitution,! : [F24-))G >Tra5si4i85al area> means an area in transition from a rural area to an urban area classified as transitional area under "ection /-2. -.*/9#B+ !ard committee" 0&123 45& 617d 8o00i44&& 7&9&77&d 4o i2 3&84io2 /:#C; */9#BB+.!ards committee" 0&123 45& 617d3 8o00i44&& 7&9&77&d 4o i2 3&84io2 /:#B;<=9 F/0G:(a4er#c81rse: includes any river, stream, or channel whether natural or artificialN F/ G :$ear: means the financial year. = [$+)(T#, %-). / @THIRD &RADE MUNICIPALITIESE '#A% A77lica4i85 89 C?a74er .OThis $hapter shall apply only to the 2[Third *rade 7unicipalities.! '#)% !8rma4i85 89 '@T?ir0 &ra0e M15ici7ali4iesE %3 F G The *overnor ,O FaG may, having regard to the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as he deems fit, by notification, classify and declare every local area comprising a revenue village or villages or any portion of a revenue village or contiguous portions of two or more revenue villages and having.a population estimated at not less than 1[thirty thousand! as a 3[Transitional )rea! for the purposes of this )ctN and PPPPPPPPPPPPPPPPPPPPPPPPP . $lases F23$G and F230G were inserted by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 44: FTamil 'adu )ct 2< of 44:G 2. "ubstituted by Tamil 'adu )ct 22 of 200 . /. "ubstituted for the words Qtown (anchayatQ by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 200: FTamil 'adu )ct 2: of 200:G and again substituted for RThird *rade 7unicipalitiesS by Tamil 'adu )ct 3 of 200= :. %nserted by Tamil 'adu )ct 3 of 200=. <. "ubstituted for clause F242G by )ct /< of 20 0 F24. 0.20 0G =. $hapter %-) F"ections /-) to /-'G was inserted by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 44: FTamil 'adu )ct 2< of 44:G. 1. )mended by Tamil 'adu )ct 2: of 200:. 3. "ubstituted for the words Q(anchayat townQ by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 200: FTamil 'adu )ct 2: of 200:G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

29

*%+ shall, by notification, specify the name of such [Third *rade 7unicipality! 5
F2G %n every 2[Transitional area! declared as such under sub-"ection F G, there shall be

established a [Third *rade 7unicipality!.


F/G FaG The *overnor may, by notification, e.clude from a 2[Transitional area! any area

comprised therein, provided that the population of the 2[transitional area! after such e.clusion, is not less than /[thirty thousand!. *%+ %n regard to any area e.cluded under clause FaG, the *overnor shall, by notification under sub-section F G, declare it to be a 2[transitional area! if it has a population of not less than /[thirty thousand! or if its population is less than /[thirty thousand!, include it in any contiguous [transitional area! under clause *8+ *i+ ; FcG The *overnor may, by notification *i+ include in a 2[transitional area! any local area contiguous theretoN or
FiiG cancel or modify a notification issued under sub-section F G N or FiiG alter the, name of the 2[transitional area! specified under clause *%+ of sub-

section F G. FdG 2efore issuing a notification under clause *1+ or under clause *%+ read with subsection F G or under clause FcG, the *overnor shall give the [Third *rade 7unicipality! or [Third *rade 7unicipalities! which will be affected by the issue of such notification, a reasonable opportunity for showing cause against the proposal and shall consider the e.planations and obJections, if any, of such [Third *rade 7unicipality! or [Third *rade 7unicipalities!. F:G )ny rate-payer or inhabitant of such area or any [Third *rade 7unicipality! concerned, may, if he or it obJects to any notification under subsection F G or sub-section F/G, appeal to the +igh $ourt within such period as may be prescribed. '#C% C85s4i414i85 89 1@T?ir0 &ra0e M15ici7ali4iesE %3(1" "ave as provided under subsection F2G, every [Third *rade 7unicipality! shall consist of the elected members as determined under "ection /-6. F2G The following persons shall also be represented in the [Third *rade 7unicipality!, namely 5O

PPPPPPPPPPPPPPPPPPPPPPPPP . "ubstituted for the words QTown (anchayat Q by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 200: FTamil 'adu )ct 2: of 200:G. 2. "ubstituted for the words Q(anchayat townQ by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 200: FTamil 'adu )ct 2: of 200:G. /. "ubstituted for the words Qfive thousandQ by Tamil 'adu )ct 2/ of 200:.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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[FaG C C C!
FbG the members of the +ouse of the (eople and the members of the "tate 9egislative )ssembly representing a constituency comprising the whole or any part of the 2 [Third *rade 7unicipality! N and FbG the members of the $ouncil of "tates who are registered as electors within the

area of the 2[Third *rade 7unicipality!. . F/G The persons referred to in sub-section F2G shall be entitled to taDe part in the proceedings but shall not have the right to vote in the meetings of the 2[Third *rade 7unicipality! Q. '#D% I5c8r78ra4i85 89 2@T?ir0 &ra0e M15ici7ali4=E %3 F G ) 2[Third *rade 7unicipality! shall be constituted for each /[transitional area! consisting of such number, of elected members, with effect from such date as may be specified in the notification issued in that behalf by the *overnor.
F2G "ubJect to the provisions of this )ct, the administration of the /[transitional area!

shall vest in the 2[Third *rade 7unicipality!, but the 2[Third *rade 7unicipality! shall not be entitled to e.ercise functions e.pressly assigned by or under this )ct or any other law to its $hairman or to any other authority.
F2G #very 2[Third *rade 7unicipality! shall be a body corporate by the name of the
/

[transitional area! specified in the notification issued under "ection /-2, shall have perpetual succession and a common seal, and, subJect to any restrictions or Hualifications imposed by or under this )ct or any other law, shall be vested with the capacity of suing or being sued in its corporate name, of acHuiring, holding and transferring property, movable or immovable, of entering into contracts and of doing all things necessary, proper or e.pedient for the purpose for which it is constituted. '#E% Al4era4i85 89 classi9ica4i85 89 '@4ra5si4i85al areaE %3 F G The *overnor may alter any classification, notified under sub-section F G of "ection /-2, if in his opinion, the / @4ra5si4i85al areaE satisfies or ceases to satisfy the conditions referred to in that sub-section. F2G )ny decision made by the *overnor under this section shall not be Huestioned in a $ourt of law. '#!% S4re5;4? 89 a 2@T?ir0 &ra0e M15ici7ali4=E %# F G 'otwithstanding anything contained in this )ct, the total number of members of a 2[Third *rade

PPPPPPPPPPPPPPPPPPPPPPPPP . $lause FaG was omitted by Tamil 'adu )ct / of 441 w.e.f. :-3- 44=. 2. "ubstituted for the words Qtown (anchayat Q by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 200: FTamil 'adu )ct 2: of 200:G. /. "ubstituted for the words Q(anchayat townQ by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 200: FTamil 'adu )ct 2: of 200:G

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

'1

7unicipality! [CCC! shall be notified by the %nspector in accordance with such scale as may be prescribed with reference to the population as ascertained at the last preceding census of which the relevant figures have been published 5 (rovided that for the first election to the 2[Third *rade 7unicipality! to be held immediately after the commencement of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 44:, the provisional population figures of the 2[Third *rade 7unicipality! as published in relation to 44 census shall be deemed to be the population of the 2[Third *rade 7unicipality! as ascertained in that census. F2G The %nspector may, from time to time, by notification, alter the total number of members of a 2[Third *rade 7unicipality! notified under sub-section F G. '#&% D1ra4i85 89 2@T?ir0 &ra0e M15ici7ali4=E %3 F G #very 2[Third *rade 7unicipality! unless sooner dissolved, shall continue for five years beginning from the date appointed for its first meeting after each ordinary election and no longer and the e.piration of the said period of five years shall operate as a dissolution of the 2[Third *rade 7unicipality!. F2G )n election to constitute a 2[Third *rade 7unicipality! shall be completed ,FaG before the e.piry of its duration specified in sub-section F G N or FbG before the e.piration of a period of si. months from the date of its dissolution

(rovided that where the remainder of the period for which the dissolved 2[Third *rade 7unicipality! would have continued is less than si. months, it shall not be necessary to hold any election for constituting the 2[Third *rade 7unicipality! for such period. @'#&& A778i54me54 89 S7ecial 899icer i5 cer4ai5 circ1ms4a5ces% # F G 'otwithstanding anything contained in this )ct, or in any other law for the time being in force, in respect of "holinghur 2[Third *rade 7unicipality!, which cannot be constituted on the 2<th day of &ctober 200 even after resorting to election process, the *overnment may, by notification, appoint special officer to e.ercise the powers and discharge the functions of the said 2[Third *rade 7unicipality!, until the day on which the first meting of the said 2[Third *rade 7unicipality! is held after election to the said 2[Third *rade 7unicipality!. F2G The special officer appointed under sub-section F G shall hold office only for si. months from the date of his appointment or for such shorter period as the *overnment may, by notification, specify in this behalf. @'#&&&A778i54me54 89 S7ecial 99icer i5 cer4ai5 circ1ms4a5ces%3F G 'otwithstanding anything contained in this )ct, or in any other law for the time being in force, in respect of 8oothappar Town (anchayat in Tiruchirappalli PPPPPPPPPPPPPPPPPPPPPPPPP . The words Qe.clusive of $hairmanQ &mitted by Tamil 'adu )ct 3 of 200=. 2. "ubstituted for the words Qtown (anchayat Q by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 200: FTamil 'adu )ct 2: of 200:G. /. %nserted by Tamil 'adu )ct : of 2002. :. %nserted by Tamil 'adu )ct /< of 200=.Fwith effect from 2<. 0.200=G
* '

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

'2

0istrict, which could not be constituted on the 2<th day of &ctober 200=, even after resorting to election process, the *overnment may, by notification, appoint special officer to e.ercise the powers and discharge the functions of the said Town (anchayat, until the day on which the first meeting of the said Town (anchayat! is held after election to the said Town (anchayat. F2G The special officer appointed under sub-section F G shall hold office only for si. months from the date of his appointment or for such shorter period as the *overnment may, by notification, specify in this behalf.! ELECTI N AND TERM ! !!ICE ! MEM)ERS '#H% Elec4i85 89 mem2ers 48 1@T?ir0 &ra0e M15ici7ali4=E%OThe members of [Third *rade 7unicipality! referred to in sub-section F G of "ection /-$ shall be elected in such manner as may be prescribed 5 (rovided that no person shall be eligible to be elected under this )ct as a member of more than one [Third *rade 7unicipality!. '#H% Reser<a4i85 89 sea4s%3 F G "eats shall be reserved for the persons belonging to the "cheduled $astes and the "cheduled Tribes in every [Third *rade 7unicipality! and the number of seats so reserved, shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that [Third *rade 7unicipality! as the population of the "cheduled $astes in the [Third *rade 7unicipality! area or of the "cheduled Tribes in that [Third *rade 7unicipality! area, bears to the total population of that area. F2G "eats shall be reserved for women belonging to the "cheduled $astes and the "cheduled Tribes from among the seats reserved for the persons belonging to the "cheduled $astes and the "cheduled Tribes which shall not be less than one-third of the total number of seats reserved for the persons belonging to the "cheduled $astes and the "cheduled Tribes. / [CCC!
F/G "eats shall be reserved for women in the [Third *rade 7unicipality! and the number of seats reserved for women shall not be less than one-third Fincluding the number of seats reserved for women belonging to the "cheduled $astes and the "cheduled TribesG of the total number of seats in the [Third *rade 7unicipality!. F2G FaG The offices of the $hairpersons of the 2[Third *rade 7unicipalities! shall be reserved for the persons belonging to the "cheduled $astes and the "cheduled Tribes and the number of offices so reserved shall bear, as nearly as may be, the same proportion to the total number of offices in the "tate as the population of the "cheduled $astes in all the 2[Third *rade 7unicipalities! in the "tate or the "cheduled Tribes in all the [Third *rade 7unicipalities! in the "tate, bears to the total population of all the [Third *rade 7unicipalities! in the "tate. FbG The offices of $hairpersons of the [Third *rade 7unicipalities! shall be reserved for women belonging to the "cheduled $astes and the "cheduled

PPPPPPPPPPPPPPPPPPPPPPPPP "ubstituted for the words QTown (anchayat Q by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 200: FTamil 'adu )ct 2: of 200:G. 2. "ubstituted for the words QTown (anchayatsQ by i%id( /. "ub-sections 2 FaG and 2 *%+ inserted by the Tamil 'adu )ct /: of 44< and &mitted by the Tamil 'adu )ct 1 of 44=. .

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

''

Tribes from among the offices reserved for the persons belonging to the "cheduled $astes and the "cheduled Tribes which shall not be less than one-third of the total number of offices reserved for the "cheduled $astes and the "cheduled Tribes.
F<G The offices of the $hairpersons of the [Third *rade 7unicipalities! shall be reserved for women and the number of offices reserved for women shall not be less than onethird Fincluding the number of offices reserved for women belonging to the "cheduled $astes and the "cheduled TribesG of the total number of offices of the $hairpersons of the [Third *rade 7unicipalities! in the "tate 5

(rovided that the offices reserved under this 2[sub-section! and under sub-section F:G shall be allotted by rotation to different [Third *rade 7unicipalities! in such manner as may be prescribed.
F=G The reservation of seats under sub-sections F G and F2G and the reservation of offices of $hairpersons under sub-section F:G shall cease to have effect on the e.piration of the period specified in )rticle //: of the $onstitution.

'#G% Di<isi85 89 '@T?ir0 &ra0e M15ici7ali4=E i548 (ar0s%3 F G For the purpose of election of $ouncillors to a [Third *rade 7unicipality!, the %nspector shall, after consulting the [Third *rade 7unicipality!, by notification divide the 2[transitional area! into wards and determine the number of members to be elected in accordance with such scale as may be prescribed. F2G &nly one member shall be elected from each ward. '#H% Term 89 899ice 89 mem2ers%3 F G #.cept as otherwise provided in this )ct, members of every [Third *rade 7unicipality! elected at an ordinary election, shall, hold office for a term of five years.
F2G The term of office of the members elected at ordinary election shall commence on

the date appointed for the first meeting of the [Third *rade 7unicipality! after such ordinary election.
F/G The member of a [Third *rade 7unicipality! elected in a casual vacancy shall

enter upon the office forthwith but shall hold office only so long as the member in whose place he is elected would have been entitled to hold office, if the vacancy had not occurred. '#L% Elec48ral r8ll%3 F G The electoral roll of a [Third *rade 7unicipality! shall be the same as the electoral roll of the Tamil 'adu 9egislative )ssembly prepared and revised in accordance with the provisions of law for the time being in force in a /[transitional area! and shall be deemed to be the electoral roll for such [Third *rade 7unicipality! for the purposes of this )ct. F2G 'o amendment, transposition or deletion of any entry in the electoral roll of the Tamil 'adu 9egislative )ssembly made after the last date for maDing nominations for elections in any [Third *rade 7unicipality! and before the PPPPPPPPPPPPPPPPPPPPPPPPP . "ubstituted for the words Qtown (anchayat Q by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 200: FTamil 'adu )ct 2: of 200:G. 2. )mended by Tamil 'adu )ct /: of 44< and 1 of 44=. /. "ubstituted for the words Q(anchayat TownQ by Tamil 'adu )ct 2: of 200:.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

'*

notification of the result of such election, shall form part of the electoral roll for such election, for the purposes of this section. '#M% A77lica4i85 89 4?e Ac4 48 1@T?ir0 &ra0e M15ici7ali4iesE%OThe "tate *overnment may, by notification, direct that any of the provisions of this )ct and the rules made thereunder or of any other enactment for the time being in force elsewhere in the "tate of Tamil 'adu but not in the 2[transitional area! shall apply to that /[Third *rade 7unicipality! to such e.tent and subJect to such modifications, additions and restrictions as may be specified in the notification. @'#MM% S7ecial 7r8<isi85s rela4i5; 48 Villa;e Pa5c?a=a4 c85s4i414e0 as T?ir0 &ra0e M15ici7ali4=%3 F G 'otwithstanding anything contained in this )ct ,FaG the (resident and members of a ?illage (anchayat, who are elected or deemed to have been elected and holding office as such immediately before the date of constitution of such ?illage (anchayat as Third *rade 7unicipality under this )ct, shall be deemed to be the $hairman and members of such Third *rade 7unicipality elected under this )ct and such $hairman and members shall continue to hold office upto such date as the "tate *overnment may, by notification, fi. in this behalf or, in case no such date is fi.ed, upto the date on which their term of office would e.pire under the Tamil 'adu (anchayats )ct, 44: FTamil 'adu )ct 2 of 44:G and such $hairman and members shall e.ercise all powers and perform all duties conferred on the $hairman and members by or under this )ct. FbG all the employees, other than the provincialised employees, of the ?illage
*

(anchayat, immediately before its constitution as Third *rade 7unicipality, shall be the employees of such Third *rade 7unicipality under this )ct. The provincialised employees shall continue to serve under the Third *rade 7unicipality and they shall be transferred by the 0irector of ,ural 0evelopment within three months from the date on which such Third *rade 7unicipality is constituted under this )ct. F2G "ubJect to the provisions of sub-section F G, the provisions of this )ct and the rules made thereunder shall apply to the Third *rade 7unicipality referred to in sub-section F G!, '#N% C?a74er 48 8<erri0e 84?er laAs %3 F G The provisions of this $hapter shall have effect notwithstanding anything inconsistent therewith contained in this )ct or any other law.

PPPPPPPPPPPPPPPPPPPPPPPPP . "ubstituted for the words QTown (anchayatsQ by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 200: FTamil 'adu )ct 2: of 200:G. 2. "ubstituted for the words Q(anchayat TownQ by i%id( /. "ubstituted for the words QTown (anchayatQ by i%id( :. %nserted by the Tamil 'adu E0istrict 7unicipalities F)mendmentG )ct, 200: FTamil 'adu )ct 2: of 200:G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

'+

F2G "ave as otherwise provided in sub-section F G, the provisions of this $hapter shall be, in addition to, and not in derogation of, any other provisions of this )ct. [$+)(T#, %#) T (N PANCHA$ATS '# % A77lica4i85 89 C?a74er%3 This $hapter shall apply only to the Town (anchayats. '#P% !8rma4i85 89 T8A5 Pa5c?a=a4s%3 F G The *overnor, FaG may, having regard to the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as he deems fit, by notification, classify and declare every local area comprising a revenue village or villages or any portion of a revenue village or contiguous portions of two or more revenue villages and having a population estimated at not less than thirty thousand as a (anchayat Town for the purposes of this )ct N and
FbG shall, by notification, specify the name of such (anchayat Town5

F2G %n every (anchayat Town declared as such under sub-section F G, there shall be established a Town (anchayat. F/G FaG The *overnor may, by notification, e.clude from a (anchayat Town any area comprised therein. FbG %n regard to any area e.cluded under clause FaG, the *overnor may, by notification under sub-section F G, declare it to be a (anchayat Town or include it in any contiguous (anchayat Town under clause FcG FiG FcG The *overnor may, by notification FiG include in a (anchayat Town any local area contiguous thereto N or FiG cancel or modify a notification issued under sub-section F G N or FiG alter the name of the (anchayat Town specified under clause FbG of subsection F G. FdG 2efore issuing a notification under clause FaG or under clause FbG read with subsection F G or under clause FcG, the *overnor shall give the Town (anchayat or Town (anchayats which will be affected by the issue of such notification, a reasonable opportunity for showing cause against the proposal and shall consider the e.planations and obJections, if any, of such Town (anchayat or Town (anchayats. F:G )ny rate-payer or inhabitant of such area or any Town (anchayat concerned, may, if he or it obJects to any notification under sub-section F G or sub-section F/G, appeal to the +igh $ourt within such period as may be prescribed.

PPPPPPPPPPPPPPPPPPPPPPPPP . $hapter %-2 inserted by Tamil 'adu )ct 3 of 200=.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

',

'#I% C85s4i414i85 89 T8A5 Pa5c?a=a4s%3 F G "ave as provided under sub-section F2G, every Town (anchayat shall consist of the elected members as determined under "ection /-@. F2G The following persons shall be represented in the Town (anchayat, namely 5FaG the members of the +ouse of the (eople and the members of the "tate 9egislative

)ssembly representing a constituency comprising the whole or any part of the Town (anchayat N and
FbG the members of the $ouncil of "tates who are registered as electors within the

area of the Town (anchayat. F/G The members of the +ouse of the (eople, the "tate 9egislative )ssembly and the $ouncil of "tate referred to in clauses FaG and FbG of subsection 2 shall be entitled to taDe part in the proceedings but shall not have the right to vote in the meetings of the Town (anchayat. '#R% I5c8r78ra4i85 89 T8A5 Pa5c?a=a4s%3 F G ) Town (anchayat shall be constituted for each (anchayat Town consisting of such number of elected members, with effect from such date as may be specified in the notification issued in that behalf by the *overnor.
F2G "ubJect to the provisions of this )ct, the administration of the (anchayat Town shall

vest in the Town (anchayat, but the Town (anchayat shall not be entitled to e.ercise functions e.pressly assigned by or under this )ct or any other law to its $hairman or to any other )uthority.
F2G #very Town (anchayat shall be a body corporate by the name of the (anchayat

Town specified in the notification issued under "ection /-(, shall have perpetual succession and a common seal, and, subJect to any restrictions or Hualifications imposed by or under this )ct or any other law, shall be vested with the capacity of suing or being sued in its corporate name, or acHuiring, holding and transferring property, movable or immovable, or entering into contracts and of doing all things necessary, proper or e.pedient for the purpose for which it is constituted. '#S% Al4era4i85 89 classi9ica4i85 89 Pa5c?a=a4 T8A5s%3 F G The *overnor may alter any classification, notified under sub-section F G of "ection /-(, if in his opinion, the (anchayat Town satisfies or ceases to satisfy the conditions referred to in that sub-section. F2G )ny decision made by the *overnor under this section shall not be Huestioned in a $ourt of law.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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3-T. S4re5;4? 89 a T8A5 Pa5c?a=a4%3 F G 'otwithstanding anything contained in this

)ct, the total number of members of a Town (anchayat shall be notified by the %nspector in accordance with such scale as may be prescribed with reference to the population as ascertained at the last preceding census of which the relevant figures have been published. F2G The %nspector may, from time to time, by notification, alter the total number of members of a Town (anchayat notified under sub-section F G.
3-U. D1ra4i85 89 T8A5 Pa5c?a=a4%3 F G #very Town (anchayat unless sooner dissolved, shall continue for five years beginning from the date appointed for its first meeting after each ordinary election and no longer and the e.piration of the said period of five years shall operate as a dissolution of the Town (anchayat.

F2G )n election to constitute a Town (anchayat shall be completed ,FaG before the e.piry of its duration specified in sub-section F G N or FbG before the e.piration of a period of si. months from the date of its dissolution 5

(rovided that where the remainder of the period for which the dissolved Town (anchayat would have continued is less than si. months, it shall not be necessary to hold any election for constituting the Town (anchayat for such period. ELECTI N AND TERM ! !!ICE ! MEM)ERS
3-V. Elec4i85 89 mem2ers 48 T8A5 Pa5c?a=a4%3 The members of Town (anchayat referred to in sub-section F G of "ection /-; shall be elected in such manner as may be prescribed 5

(rovided that no person shall be eligible to be elected under this )ct as a member of more than one Town (anchayat.
3-V. Reser<a4i85 89 sea4s%3 F G "eats shall be reserved for the persons belonging to the "cheduled $astes and the "cheduled Tribes in every Town (anchayat and the number of seats so reserved, shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Town (anchayat as the population of the "cheduled $astes in the Town (anchayat area or of the "cheduled Tribes in that Town (anchayat area, bears to the total population of that area. F2G "eats shall be reserved for women belonging to the "cheduled $astes and the

"cheduled Tribes from among the seats reserved for the persons belonging to the "cheduled $astes and the "cheduled Tribes which shall not be less than one-third of the total number of seats reserved for the persons belonging to the "cheduled $astes and the "cheduled Tribes.
F/G "eats shall be reserved for women in the Town (anchayat and the number of seats

reserved for women shall not be less than one-third Fincluding

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

'.

the number of seats reserved for women belonging to the "cheduled $astes and the "cheduled TribesG of the total number of seats in the Town (anchayat.
F:G FaG The offices of the $hairmen of the Town (anchayats shall be reserved for the persons belonging to the "cheduled $astes and the "cheduled Tribes and the number of offices so reserved shall bear, as nearly as may be, the same proportion to the total number of offices in the "tate as the population of the "cheduled $astes in all the Town (anchayats in the "tate or the "cheduled Tribes in all the Town (anchayats in the "tate, bears to the total population of all the Town (anchayats in the "tate.

FbG The offices of the $hairmen of the Town (anchayats shall be reserved for women belonging to the "cheduled $astes and the "cheduled Tribes from among the offices reserved for the persons belonging to the "cheduled $astes and the "cheduled Tribes which shall not be less than one-third of the total number of offices reserved for the "cheduled $astes and the "cheduled Tribes.
F:G The offices of the $hairmen of the Town (anchayats shall be reserved for women and the number of offices reserved for women shall not be less than one-third Fincluding the number of offices reserved for women belonging to the "cheduled $astes and the "cheduled TribesG of the total number of offices of the $hairmen of the Town (anchayats in the "tate 5

(rovided that the offices reserved under this sub-section and "ection F:G shall be allotted by rotation to different Town (anchayats in such manner as may be prescribed.
F<G The reservation of seats under sub-sections F G and F2G and the reservation of offices

of $hairmen under sub-section F:G shall cease to have effect on the e.piration of the period specified in )rticle //: of the $onstitution.
'#/% Di<isi85 89 T8A5 Pa5c?a=a4s i548 Aar0s%3 F G For the purpose of election of

members to a Town (anchayat, the %nspector shall, after consulting the Town (anchayat, by notification divide the (anchayat Town into Wards and determine the number of members to be elected in accordance with such scales as may be prescribed. F2G &nly one member shall be elected from each Ward.
'#/% Term 89 899ice 89 mem2ers%3 F G #.cept as otherwise provided in this )ct, members of every Town (anchayat elected at an ordinary election, shall, hold office for a term of five years. F2G The term of office of the members elected at ordinary election shall commence on

the date appointed for the first meeting of the Town (anchayat after such ordinary election.
F/G The member of a Town (anchayat elected in a casual vacancy shall enter upon the office forthwith, but shall hold office only so long as the member in whose place he is elected would have been entitled to hold office, if the vacancy had not occurred.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

'9

/#J% Elec48ral r8ll%3 F G The electoral roll of a Town (anchayat shall be the same as the electoral roll of the Tamil 'adu 9egislative )ssembly prepared and revised in accordance with the provisions of law for the time being in force in a (anchayat Town and shall be deemed to be the electoral roll for such Town (anchayat for the purposes of this )ct. F2G 'o amendment, transposition or deletion of any entry in the electoral roll of the Tamil 'adu 9egislative )ssembly made after the last date for maDing nominations for elections in any Town (anchayat and before the notification of the result of such election, shall form part of the electoral roll for such election, for the purposes of this section. '#AA% A77lica4i85 89 4?e Ac4 48 T8A5 Pa5c?a=a4s%3 The "tate *overnment may, by notification, direct that any of the provisions of this )ct and the rules made under this )ct or of any other enactment for the time being in force elsewhere in the "tate of Tamil 'adu but not in the (anchayat Town shall apply to that Town (anchayat to such e.tent and subJect to such modifications, additions and restrictions as may be specified in the notification. '#))% C?a74er 48 8<erri0e 84?er laAs%3 F G The provisions of this $hapter shall have effect notwithstanding anything inconsistent therewith contained in this )ct or any other law. F2G "ave as otherwise provided in sub-section F G, the provisions of this $hapter shall be, in addition to, and not in derogation of, any other provisions of this )ct. '#CC% S7ecial 7r8<isi85s rela4i5; 48 Villa;e Pa5c?a=a4 c85s4i414e0 as T8A5 Pa5c?a=a4%3 F G 'otwithstanding anything contained in this )ct ,FaG the (resident and members of a ?illage (anchayat, who are elected or deemed to have been elected and holding office as such immediately before the date of constitution of such ?illage (anchayat as Town (anchayat under this )ct, shall be deemed to be the $hairman and members, of such Town (anchayat elected under this )ct and such $hairman and members shall continue to hold office upto such date as the "tate *overnment may, by notification, fi. in this behalf or, in case no such date is fi.ed, upto the date on which their term of office would e.pire under the Tamil 'adu (anchayats )ct, 44: FTamil 'adu )ct 2 of 44:G and such $hairman and members shall e.ercise all powers and perform all duties conferred on the $hairman and members by or under this )ct. FaG all the employees, other than the provincialised employees of the ?illage

(anchayat, immediately before its constitution as Town (anchayat, shall be the #mployees of such Town (anchayat under this )ct. The provincialised #mployees shall continue to serve under the Town (anchayat. F2G "ubJect to the provisions of sub-section F G, the provisions of this )ct and the rules made thereunder shall apply to the Town (anchayat referred to in sub-section F G!

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

*0

PART II ESTA)LISHMENT, C NSTITUTI N AND & VERNMENT ! DISTRICT MUNICIPALITIES $+)(T#, %% CREATI N AND A) LITI N ! MUNICIPALITIES *% Crea4i85 89 M15ici7ali4ies %31@(l" The *overnor may, having regard to the population of the area, the density of population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as he may deem fit, by notification, declare his intention! O
FaG to constitute as a 7unicipality any, town, village, hamlet, bazaar, station or other local area or any group of the same in the immediate neighbourhood of one another, or FbG to e.clude from a 7unicipality any local area comprised therein and defined in

such notificationN or
FaG to include within a 7unicipality any local area in the vicinity thereof and defined in such notification5

(rovided that no $antonment shall be included within a 7unicipality.


F2G )ny inhabitant of a local area or ta.-payer of a 7unicipality, in respect of which any

such notification has been published may, if he desires to obJect to anything therein contained, submit his obJection in writing to 2[the *overnor! within si. weeDs from the publication of the notification and 2[the *overnor! shall taDe all such obJections into consideration.
F2G When si. weeDs from the publication of the notification have e.pired, and 2[the

*overnor he may! has considered the obJections, if any, which have been submitted, he may, as the case may be, by notification declare to be a 7unicipality, or e.clude from or include in a 7unicipality, the local area or any portion thereof.
F/G This )ct shall come into force in, or cease to apply to, any 7unicipality or part

thereof, as the case may be, on such date as may be specified in the notification under subsection F/G. [F<G %f any local area in which the :[Tamil 'adu! 9ocal 2oards )ct, 420< FTamil 'adu )ct @%? of 420G is in force is, constituted as or included PPPPPPPPPPPPPPPPPPPPPPPPP . "ubstituted by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 44: FTamil 'adu )ct 2< of 44:G 2. "ubstituted for the e.pression Qthe "tate *overnment may by notification declare their intentionQ by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 44: FTamil 'adu )ct 2< of 44:G. /. This sub-section was substituted for the original sub-section by "ection < of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. :. These words were substituted for the word Q7adrasQ by the Tamil 'adu )daptation of 9aws &rder, 4=4, as amended by the Tamil 'adu )daptation of 9aws F"econd )mendmentG &rder, 4=4, which came into force on the :th 6anuary 4=4. <. 'ow, the Tamil 'adu 0istrict 2oards )ct, 420 FTamil 'adu )ct @%? of 420G, which )ct stands repealed in the panchayat development blocDs by virtue of "ection / FiG of the Tamil 'adu (anchayats )ct, 4<3 FTamil 'adu @@@? of 4<3G.
/

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

*1

in a 7unicipality, [the *overnor! may pass such orders as he may deem fit as to the transfer to the $ouncil of such 7unicipality or disposal otherwise of the assets or institutions of any local 2oard2 in the local area and as to the discharge of the liabilities, if any, of such local board2 relating to such assets or institutions.! [F=G the "tate *overnment may, by notification, classify 7unicipalities into "pecial *rade, "election *rade, First *rade and "econd *rade, for the purpose of effective administration of the said 7unicipalities in accordance with such norms as may be prescribed.!
: /

[:-). T8A5s?i7s %3 <[F G The *overnor may, having regard to the size of the area and the 7unicipal service being provided or proposed to be provided by an industrial establishment in that area and such other factors as he may deem fit, declare an urban area comprised in any 7unicipality or specified area therein to be an industrial Township.! F2G %n regard to any 7unicipality or any area declared to be a township under subsection F G, the [*overnor! shall, by notification, constitute a Township $ommittee. F/G ) notification issued by the [*overnor! may direct that any functions vested in a 7unicipal $ouncil by or under this )ct shall be transferred to, and performed by, the Township $ommittee and shall provide for O FiG the total number of members of the Township $ommittee N
FiG the persons who shall be members of the Township $ommittee or the manner in

which they shall be chosen


FiG the person who shall be the $hairman of the Township $ommittee or the manner in which he shall be elected or appointed N FiiG the term of office of members and the $hairman N FiiG the restrictions and conditions subJect to which the Township $ommittee may

perform its functionsN and


FiiiG the procedure of the Township $ommittee.

F:G The [*overnor! may, by notification, direct that any of the provisions of this )ct or of any rules made there under or of any other enactment for the

PPPPPPPPPPPPPPPPPPPPPPPPP . "ubstituted for the words Q"tate *overnmentQ by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 44: FTamil 'adu )ct 2< of 44:G. 2. 'ow, the district 2oard. /. %nserted by Tamil 'adu )ct 2/ of 200:. :. This section was inserted by "ection 2 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4<4 FTamil 'adu )ct 4 of 4<4G. <. "ub-section F G was substituted by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 44: FTamil 'adu )ct 2< of 44:G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

*2

time being in force elsewhere in the 2["tate of Tamil 'adu! but not in the 7unicipality or specified area therein referred to in sub-section F G shall apply to that 7unicipality or area to such e.tent and subJect to such modifications, additions and restrictions as may be specified in the notification. F<G FaG %f any difficulty arises in giving effect to the provisions of this section, the [*overnor! may, as occasion may arise, by order, do anything which appears to them necessary for the purpose of removing the difficulty. *%+ )ll orders issued under clause *1+ shall, as soon as possible after they are made, be placed on the table of /[the 9egislature )ssembly! and shall be subJect to such modifications by way of amendments or repeal as the 9egislature may maDe either in the same session or in the ne.t session. = [CCC! : @*#)% Declara4i85 89 a 48A5s?i7 48 2e a M15ici7ali4=%3 +@(1" 'otwithstanding anything contained in "ection :, if the *overnor is satisfied that any %ndustrial Township should be declared as a 7unicipality, he may by notification declare such %ndustrial Township to be a 7unicipality. F2G The provisions of this )ct or of any rules made thereunder shall apply to any township so declared to be a 7unicipality on such date as may be specified in the notification under sub-section F G.! < @+% D1ra4i85 89 M15ici7ali4=%3(1" #very 7unicipality, unless sooner dissolved under "ection : , shall continue for five years beginning from the date appointed for its first meeting after each ordinary election and no longer and the e.piration of the said period of five years shall operate as a dissolution of the 7unicipality. F2G )n election to constitute the 7unicipality shall be completed O FaG before the e.piry of its duration specified in sub-section F G N or FbG before the e.piration of a period -of si. months from the date of its dissolution (rovided that where the remainder of the period for which the dissolved 7unicipality would have continued, is less than si. months, it shall not be necessary to hold any election under this sub-section for constituting the 7unicipality for such period.! PPPPPPPPPPPPPPPPPPPPPPPPP . "ubstituted by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 44: FTamil 'adu )ct 2< of 44:G. 2. This e.pression was substituted for the e.pression Q"tate of 7adrasQ by the Tamil 'adu )daptation of 9aws order, 410, which was deemed to have come into force on the :th 6anuary 4=4. /. "ubstituted for the words Qboth +ouses of the 9egislatureQ by Tamil 'adu )daptation of 9aws &rder, 431. :. "ection :-2 was inserted by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 440 FTamil 'adu )ct // of 440G. <. "ubstituted by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 44: FTamil 'adu )ct 2< of 44:G. =. #.planation in sub-section F<G omitted by i%id(

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

*'

$+)(T#, %%% C NSTITUTI N ! MUNICIPAL AUTH RITIES )>T+&,%T%#" ,% T?e M15ici7al A14?8ri4ies a50 4?eir i5c8r78ra4i85 %31@(1" The 7unicipal )uthorities charged with carrying out the provisions of this )ct are FaG a $ouncilN FbG a $hairman N and FcG an #.ecutive )uthority.! F2G The 7unicipal $ouncil shall, by the name of the 7unicipality, be a body $orporate, shall have perpetual succession and a common seal and subJect to any restriction or Hualification imposed by this or any other enactment shall be vested with the capacity of suing or being sued in its corporate name, of acHuiring, holding and transferring property movable or immovable, of entering into contracts and of doing all things necessary for the purpose of its constitution. -% C85s4i414i85 89 C815cil %3 F GThe 7unicipal $ouncil shall consist of such number of $ouncillors 2[CCC! as may be determined by the "tate *overnment, by notification and different notifications may be issued for different 7unicipal $ouncils5 (rovided that the number of $ouncillors so notified shall not be more than fifty-two and shall not be less than twenty. (rovided further that the power to determine the number of $ouncillors shall not be e.ercised by the "tate *overnment more than once within a period of five years in respect of any 7unicipality. [F2G "ave as provided in sub-section F/G, every 7unicipality shall consist of the following elected members as notified under sub-section F G. F/G The following persons shall also be represented in the 7unicipality, namely 5: [FaG CCC!
< /

[CCCC!

*%+ the members of the +ouse of the (eople and the members of the "tate 9egislative )ssembly representing the constituency comprising the whole or any part of the 7unicipalityN and

PPPPPPPPPPPPPPPPPPPPPPPPP . This section was substituted for the original sub-section by "ection 2 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 2. The word Qe.clusive of its $hairmanQ were omitted by Tamil 'adu )ct 3 of 200=. /. "ub-sections F2G to F 0G substituted by Tamil 'adu )ct 2< of 44:. :. $lause FaG of sub-section / omitted by Tamil 'adu )ct / of 441. <. (roviso to clause FaG omitted by Tamil 'adu )ct 22 of 44=.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

**

FcG the members of the $ouncil of "tate who are registered as electors within the area of the 7unicipality. [F:G The persons referred to in sub-section F/G shall be entitled to taDe part in the proceedings, but shall not have the right to vote in the meetings of the $ouncil.!
F<G "eats shall be reserved for the persons belonging to the "cheduled $astes and the "cheduled Tribes in every 7unicipality and the number of seats so reserved, shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct elections in that 7unicipality as the population of the "cheduled $astes in that municipal area or of the "cheduled Tribes in that municipal area, bears to the total population of that area 5

(rovided that for the first election for the 7unicipality to be held immediately after the commencement of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 44:, the provisional population figures of the municipal area as published in relation to 44 census, shall be deemed to be the population of the municipal area as ascertained in that census. F<G "eats shall be reserved for women belonging to the "cheduled $astes and the "cheduled Tribes from among the seats reserved for the persons belonging to the "cheduled $astes and the "cheduled Tribes which shall not be less than one-third of the total number of seats reserved for the persons belonging to the "cheduled $astes and the "cheduled Tribes.
2

[CCC!

F=G "eats shall be reserved for women in the 7unicipality and the number of seats reserved for women shall not be less than one-third Fincluding the number of seats reserved for women belonging to the "cheduled $astes and the "cheduled TribesG of the total number of seats in a 7unicipality. F1G FaG The offices of the $hairpersons of the 7unicipalities shall be reserved for the

persons belonging to the "cheduled $astes and the "cheduled Tribes and the number of offices so reserved shall bear as nearly as may be, the same proportion to the total number of offices in all 7unicipalities in the "tate as the population of the "cheduled $astes in all 7unicipalities in the "tate or the "cheduled Tribes in all 7unicipalities in the "tate, bears to the total population of all 7unicipalities in the "tate. FbG The offices of $hairpersons of the 7unicipalities shall be reserved for women belonging to the "cheduled $astes and the "cheduled Tribes from among the offices reserved for the persons belonging to the "cheduled $astes PPPPPPPPPPPPPPPPPPPPPPPPP . )mended by Tamil 'adu )ct 22 of 44=. 2. "ub-sections = FaG and = FbG were inserted by Tamil 'adu )ct /: of 44< and omitted by Tamil 'adu )ct 1 of 44=.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

*+

and the "cheduled Tribes which shall not be less than one-third of the total number of offices reserved for the "cheduled $astes and the "cheduled Tribes. F4G The offices of the $hairpersons of the 7unicipalities shall be reserved for women and the number of offices reserved for women shall not be less than one-third Fincluding the number of offices reserved for women belonging to the "cheduled $astes and the "cheduled TribesG, of the total number of offices of the $hairpersons of the 7unicipalities in the "tate 5 (rovided that the offices reserved under this sub-section and under subsection F3G shall be allotted by rotation to different 7unicipalities in such manner as may be prescribed. The reservation of seats under sub-sections F<G and F=G and the reservations of offices of $hairpersons under sub-section F3G shall cease to have effect on e.piration of the period specified in )rticle //: of the $onstitution!. [1-). CCC!
F4G

-#) 48 1-F. 2[CCC! .% Term 89 /[CCC! C815cill8rs a50 9illi5; 17 89 sea4s %3 :[F G The term of office of < [CCC! $ouncillors shall, save as otherwise e.pressly provided in this )ct, be =[five years!, beginning and e.piring at noon on such date as the "tate *overnment may, by notification, appoint in that behalf.1[CCC! . @KKKKE 4 [F2G &rdinary vacancies in the office of $ouncillors shall be filled at ordinary elections which shall, in consultation with the "tate *overnment, be fi.ed by the Tamil 'adu "tate #lection $ommissioner!, to taDe place on such days within three months before the occurrence of the vacancies as he thinDs fit.!
0

[CCC!

PPPPPPPPPPPPPPPPPPPPPPPPP
. "ection 1-) was inserted by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 413 FTamil 'adu )ct 2/ of 413G. and omitted by Tamil 'adu )ct 3 of 200=, before omission it was as under 51-). #lection of $hairman.- shall be elected by the persons whose names appear in the electoral rolls relating to the municipality from among themselves in accordance with such procedure as may be prescribed5 -(rovided that a person who stands for election as chairman shall not be eligible to stand for election as a councilor5-(rovided further that a person who stands for election as a councillor shall not be eligible to stand for election as chairman5 (rovided also that no coucillor shall be eligible to stand for election as chairman 2. "ections 1-2 to 1-F were inserted by Tamil 'adu )ct 2: of 43/ and omitted by Tamil 'adu )ct 2< of 43<. /. The words Q$hairman orQ added by Tamil 'adu )ct 2/ of 413 and omitted by Tamil 'adu )ct 3 of 200=. :. This paragraph was substituted for the first paragraph in sub-section F G of "ection 3 by "ection / FiG of the $hennai $ity 7unicipal $orporation and 0istrict 7unicipalities F)mendmentG )ct 4=3 FTamil 'adu )ct 0 of 4=3G. <. The words Q$hairman andQ substituted by Tamil 'adu )ct 22 of 44= and omitted by Tamil 'adu )ct 3 of 200=. =. "ubstituted by Tamil 'adu )ct : of 434. 1. The words Qand different dates may be appointed for different 7unicipal $ouncilsQ were omitted by Tamil 'adu )ct 2< of 44:. 3. (roviso to sub-section F2G of "ection 3 omitted by i%id( 4. This section was substituted for the original sub-section F2G by "ection :FiiG of the $hennai $ity 7unicipal $orporation and 0istrict 7unicipalities F)mendmentG )ct, 4=2 FTamil 'adu )ct 0 of 4=2G. 0. This sub-section was inserted by "ection 1 FivG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG)ct, 4/0 FTamil 'adu )ct @ of 4/0G and omitted by Tamil 'adu )ct 3 of 200=.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

*,

[F/G 2[CCC! ) $ouncillor elected at an ordinary election held after the occurrence of a vacancy shall enter upon office forthwith, but shall hold office only so long as he would have been entitled to hold office if he had been elected before the occurrence of the vacancy.! [F:G ) casual vacancy in the office 2[CCC! a $ouncillor shall be filled at a casual election which shall, in consultation with the "tate *overnment, be fi.ed by the Tamil 'adu "tate #lection $ommissioner. to taDe place as soon as may be after the occurrence of the vacancy5 (rovided that no casual election shall be held to fill a vacancy occurring within si. months before the date of retirement by efflu. of time and that such vacancy shall be filled at the ne.t ordinary election.
: < /

[CCC!

[F<G! 2[CCC! a $ouncillor elected =[CCC! at a casual vacancy shall enter upon office forthwith, but shall hold office so long as the 2[CCC! $ouncillor elected in whose place he is elected =[CCC! would have been entitled to hold office if the vacancy had not occurred. 1 [F=G CCC! @9% Pr8ce01re A?e5 58 2[CCC! C815cill8r is elec4e0%3 F G %f at an ordinary or casual election held under "ection 3, no 2[CCC! $ouncillor is elected, a fresh election shall be held on such day as the Tamil 'adu 4["tate #lection $ommissioner! may fi..
3

PPPPPPPPPPPPPPPPPPPPPPPPP . This sub-section was inserted by "ection 1 FivG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. The words Q$hairman orQ added by Tamil 'adu )ct 2/ of 413 and omitted by Tamil 'adu )ct 3 of 200=. /. These sub-sections were substituted for sub-section F:G by "ection :FiiiG of the $hennai $ity 7unicipal $orporation and 0istrict 7unicipalities F)mendmentG )ct, 4=2 FTamil 'adu )ct 0 of 4=2G. :. "ub-section :-) was omitted by Tamil 'adu )ct 2< of 44:. <. "ub-sections F/G and F:G were re-numbered as sub-sections F:G and F<G respectively by "ection 1 FvG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. =. The words Qor co-optedQ omitted by Tamil 'adu )ct 2< of 44:. 1. "ub-section = was omitted by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 44: FTamil 'adu )ct 2< of 44:G. 3. This section was substituted for the original section by "ection 3 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 4. "ubstituted for the words Qthe #lection )uthorityQ by Tamil 'adu )ct 2< of 44:.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

*-

F2G

[C C C!

F2-)G 2[C C C! The term of office of a /[CCC! a $ouncillor elected under this section shall e.pire at the time at which it would have e.pired if he had been elected at the ordinary or casual election, as the case may be.!
F/G
: < =

@ 0% K K K E [ . C C C!

[12% T?e C?airma5 a50 Vice-C?airma5 89 4?e M15ici7ali4=%3(1" C C C! [F2G #very $ouncil shall elect one of its members to be its $hairman!,

F/G The $ouncil shall elect one of its members, 3[other than the persons referred to in sub-section F/G of "ection 1 and the $hairman! to be its ?ice-$hairman 4[and shall nominate a panel of not more than three members any one of whom shall perform the functions of the $hairman in the absence of both the $hairman and ?ice-$hairman.! [ [F:G ) $hairman shall be deemed to have vacated his office on the e.piry of his term of office as a $ouncillor or on his otherwise ceasing to be the $ouncillor!.! F<G ) ?ice-$hairman shall be deemed to have vacated his office on the e.piry of his term of office as a $ouncillor or on his otherwise ceasing to be a $ouncillor.!
0

PPPPPPPPPPPPPPPPPPPPPPPPP . "ub-section 2 was omitted by the Tamil 'adu )ct 2< of 44:. 2. "ub-section 2-) was omitted by the Tamil 'adu )ct = of 434. /. )dded by Tamil 'adu )ct 2/ of 413 and omitted by Tamil 'adu )ct 3 of 200=. :. This section was omitted by "ection 4 of Tamil 'adu )ct @ of 4/0. <. This section was omitted by "ection : of the Tamil 'adu 0istrict 7unicipalities F)mendmentG, 4// FTamil 'adu )ct @? of 4//G. =. "ection 2 and 2-) were substituted for "ection 2 by "ection of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G and "ection 2 was omitted by "ection < of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 1. %nserted by Tamil 'adu )ct 3 of 200= 3. "ubstituted by Tamil 'adu )ct 2< of 44:. 4. %nserted by Tamil 'adu )ct = of 434. 0. "ub-sections F:G and F<G were originally substituted by Tamil 'adu )ct 2/ of 413. . "ub-section F:G of "ection 2 substituted by Tamil 'adu )ct 3 of 200=.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

*.

[F=G When the office of $hairman is vacant, the ?ice-$hairman shall perform the functions of the $hairman until a new $hairman is elected and assumes office.
F1G When the office of the $hairman is vacant and there is either a vacancy in the office of the ?ice-$hairman or the ?ice-$hairman has been continuously absent from Jurisdiction for more than fifteen days or is incapacitated, the member nominated under. sub-section F/G shall until the ?ice-$hairman returns to Jurisdiction or, as the case may be, recovers from his incapacity, notwithstanding anything contained in this )ct or in the rules or notifications issued thereunder, perform the functions of the $hairman of the $ouncil.! F3G )n outgoing $hairman or ?ice-$hairman is eligible for re-election.

E67la5a4i85%O) new $hairman or ?ice-$hairman shall be deemed to have assumed office on his being declared elected as such. 2 @12#A% Pr8ce01re A?e5 58 '@C?airma5 8rE Vice#C?airma5 is elec4e0 .O%f at an election held under "ection 2 no /[$hairman or! ?ice-$hairman is elected, a fresh election shall be held.! @12#)% C?airma5, Vice-C?airma5 8r C815cill8r 584 48 recei<e rem15era4i85 %3 'o $hairman, ?ice-$hairman or $ouncillor shall receive or be paid, from the funds at the disposal of or under the control of the $ouncil, any salary or other remuneration for services rendered by him in any capacity whatsoever.! @12#))% C?airma5, Vice-C?airma5 8r C815cill8r 48 824ai5 7ermissi85 48 150er4aDe 4ri7 48 98rei;5 c8154r=% 'o person holding the office of $hairman, ?ice-$hairman or $ouncillor shall undertaDe any trip to any foreign country in his official capacity as such, e.cept with the permission in writing of the "tate *overnment.! [12#C% C8mmissi85er%3 F G ) $ommissioner shall be appointed by the "tate *overnment in the case of each 7unicipality included in "chedule %@ and in the case of any other 7unicipality notified by the "tate *overnment in this behalf. #very notification issued under this sub-section shall specify the reasons therefor.
= < :

PPPPPPPPPPPPPPPPPPPPPPPPP . "ub-sections F=G and F1G substituted by Tamil 'adu )ct = of 434. 2. "ections 2 and 2-) were substituted for "ection 2 by "ection of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G /. &mitted by Tamil 'adu )ct 2/ of 413 and subseHuently substituted by Tamil 'adu )ct 3 of 200=. :. "ection 2-2 was inserted by "ection = of the Tamil 'adu 0istrict 7unicipalities F)mendmentG, )ct 4// FTamil 'adu )ct @? of 4//G. <. %nserted by Tamil 'adu )ct / of 2002 w.e.f. 1-:-200/. =. This section was substituted for "ection 2-$ Fwhich was inserted by i%id Fby "ection 2 of the Tamil 'adu 0istrict 7unicipalities F"econd )mendmentG )ct 4<< FTamil 'adu )ct @@@% of 4<<G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

*9

F2G The $ommissioner shall be a whole time officer of the 7unicipality and shall not undertaDe any worD unconnected with his office without the sanction of the 7unicipal $ouncil and the "tate *overnment. F/G The "tate *overnment may recover from the 7unicipal $ouncil concerned the whole of the salary and allowances paid to any $ommissioner appointed under sub-section F G, and such contribution towards his leave allowances, pension and provident fund as the "tate *overnment may, by general or special order, determine. F:G The "tate *overnment shall have power to regulate the methods of recruitment,

conditions of service, pay and allowances and discipline and conduct of the $ommissioners appointed under sub-section F G.! !UNCTI NS
1

! THE SEVERAL AUTH RITIES

-THE CHAIRMAN AND THE EXECUTIVE AUTHORITY=

@1'% !15c4i85s 89 4?e C?airma5%OThe $hairman of the 7unicipal $ouncil shall O FaG maDe arrangements for the election of the ?ice-$hairman N
FbG convene the meetings of the $ouncil N and FcG perform all the duties and e.ercise all the powers specifically imposed or

conferred on the $hairman by this )ct.! 1'#A% !15c4i85s 89 4?e E6ec14i<e A14?8ri4= %OThe #.ecutive )uthority of the 7unicipal $ouncil shall O FaG carry into effect the resolutions of the $ouncilN
FbG furnish to the $ouncil such periodical reports regarding the progress made in carrying out the resolutions of that body in the collection of ta.es as the $ouncil may directN and FcG perform all the duties and e.ercise all the powers specifically imposed or conferred on the #.ecutive )uthority by this )ct and subJect, whenever it is hereinafter e.pressly so provided, to the sanction of the $ouncil, and subJect to all other restrictions, limitations and conditions hereinafter imposed, e.ercise power for the purpose of carrying out the provisions of this )ct and be directly responsible for the due fulfillment of the purposes of this )ct.!

1'#)% Ri;?4s 89 C?airma5 A?ere a C8mmissi85er ?as 2ee5 a778i54e0% O%n the case of 7unicipalities included in "chedule %@ or notified

PPPPPPPPPPPPPPPPPPPPPPPPP . "ections /, /-) and /-2 and the heading thereto were substituted for the original "ection / and the heading thereto by "ection 1 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

+0

under sub-section F G of "ection 2-$, the $hairman shall have full access to all the records of the 7unicipal $ouncil and no official correspondence between the $ouncil and the ["tate *overnment! shall be conducted e.cept through the $hairman. The $hairman shall be bound to transmit communications addressed through him by the $ommissioner to the ["tate *overnment! or by the ["tate *overnment! to the $ommissioner.! 2 @1*% T?e C?airma5 48 2e mem2er 89 e<er= C8mmi44ee 89 4?e C815cil% OThe $hairman shall by virtue of his office, be a member of every $ommittee of the $ouncil.! 1+% Emer;e5c= 78Aers 89 E6ec14i<e A14?8ri4=%3 The /[#.ecutive )uthority! may, in cases of emergency, direct the e.ecution of any worD or the doing of any act which would ordinarily reHuire the sanction of the $ouncil, and the immediate e.ecution or doing of which is, in his opinion, necessary for the service or safety of the public and may direct that the e.pense of e.ecuting such worD or doing such act shall be paid from the 7unicipal fund5 (rovided that O FaG he shall not act under this section in contravention of any order of the $ouncil prohibiting the e.ecution of any particular act, and FbG he shall report the action taDen under this section and the reasons therefor to the $ouncil at its ne.t meeting. * @1,% P8Aer 89 E6ec14i<e A14?8ri4= 48 i5c1r 7e44= c854i5;e54 e67e50i41re% O The #.ecutive )uthority may, without the sanction of the $ouncil, incur petty contingent e.penditure incidental to the 7unicipal administration, not e.ceeding <[fifty rupees! in each case5 (rovided that O FaG provision to meet the e.penditure is available under the relevant head of account in the budget framed by the $ouncil, with the modifications, if any, made therein by the = ["tate! *overnmentN and

PPPPPPPPPPPPPPPPPPPPPPPPP . The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. 2. "ection : substituted by Tamil 'adu )ct 3 of 200=. /. These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil. 'adu )ct @? of 4//G. :. This section was inserted by "ection / of the Tamil 'adu 0istrict 7unicipalities FThird )mendmentG )ct, 4:2 FTamil 'adu )ct @@@?%%% of 4:2G, re-enacted permanently with specified modifications by "ection / of, and the "chedule to, the Tamil 'adu ,eenacting F'o.%% G )ct, 4:3 FTamil 'adu )ct %@ of 4:3G. <. These words were substituted for the words Qtwenty-five rupeesQ by the Tamil 'adu ,eenacting F'o. %%%G )ct, 4:3 FTamil 'adu )ct %@ of 4:3G. =. This word was substituted for the word Q(rovincialQ by the )daptation &rder of 4<0.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

+1

FbG the #.ecutive )uthority shall report any e.penditure incurred under this section and the reasons therefor to the $ouncil at its ne.t meeting.!
1 2

@1-% K C C!

@1.% Dele;a4i85 a50 0e<8l14i85 89 915c4i85s 89 C?airma5 %3 F G The $hairman may, by an order in writing, delegate /[any of his functions :FCCCG! to the ?ice-$hairman5 (rovided that he shall not delegate any functions which the 7unicipal $ouncil e.pressly forbids him to delegate.
F2G %f the $hairman has been continuously absent from Jurisdiction for more than

fifteen days or is incapacitated, <[his functions =FCCCG! shall, during such absence of incapacity, devolve on the ?ice-$hairman5 (rovided that where the absence from Jurisdiction of the $hairman is within the 1["tate of Tamil 'adu! and is on business connected with the 7unicipality, the $hairmanEs functions shall not, e.cept to the e.tent, if any, to which functions have been delegated by him under sub-section F G, devolve on the ?ice-$hairman.
3

[C C C!

F2G %f the ?ice-$hairman also has been continuously absent from Jurisdiction for more than fifteen days or is incapacitated or if the office of ?ice-$hairman is vacant, the $hairman may, by an order in writing, delegate 4[any of his functions 0FCCCG! to any $ouncillor, who shall be styled E$hairman-delegateE during the period of delegation5

(rovided that FiG when an order of delegation made under this sub-section is in force, PPPPPPPPPPPPPPPPPPPPPPPPP . This section was omitted by "ection < of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. This section was substituted for the original section by "ection =, i%id( /. These words were substituted for the words Qany of his functionsQ by "ection 1F2G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. :. The words Qincluding his functions as #.ecutive )uthority if he is also the #.ecutive )uthorityQ were omitted by Tamil 'adu )ct 2/ of 413. <. These words were substituted for the words Qhis functions e.cept those ofS by "ection 1F2G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. =. The words beginning from QincludingQ and ending at QservantQ were omitted by Tamil 'adu )ct 2/ of 413. 1. This e.pression was substituted for the e.pression Q(residency of 7adrasQ by the Tamil 'adu )daptation of 9aws &rder, 410, which was deemed to have come into force on the :th 6anuary 4=4. 3. "econd proviso was inserted by Tamil 'adu )ct 2/ of 413 and omitted by Tamil 'adu )ct = of 434. 4. These words were substituted for the words Qany of his functionsQ by "ection 1F2G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 0. The words from QincludingQ to QauthorityQ were omitted by Tamil 'adu )ct 2/ of 413

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

+2

no further order of delegation of any functions shall be made in favour of any other than the $ouncillor in whose favour the order in force was madeN
FiiG no delegation under this sub-section shall, without the special sanction of the

$ouncil, be made for any period e.ceeding in the aggregate [ninety days in any year! N and every order made under this sub-section shall be communicated forthwith to the $ouncil and to the district collector. 2 [F:G C C C!
FiiG

F<G The e.ercise or discharge of any functions delegated under /[subsections F G and F/G! shall be subJect to such restrictions, limitations and conditions, if any, as may be laid down by the $hairman and shall also be subJect to his control and revision. The $hairman shall also have power to control and revise the e.ercise or discharge of any functions devolving on the ?ice-$hairman under sub-section F2G.! @1.-). Ri;?4s a50 014ies 89 4?e C8mmissi85er%3 F G FaG The commissioner shall have the right to attend the meetings of the $ouncil or any committee thereof, and taDe part in the discussions thereat but shall not have the right to move any resolution or to vote. FbG +e shall attend any meeting of the $ouncil or of any committee, if reHuired to do so by the $hairman.
F2G %n the case of 7unicipalities included in "chedule %@ or notified under sub-section F G of "ection 2-$, the officers and servants of the 7unicipal $ouncil shall be subordinate to the commissioner.
:

F/G "ubJect to any directions given or restrictions imposed by the <["tate *overnment! or the 7unicipal $ouncil, the commissioner may, by order in writing, delegate any of his functions to any officer or servant of the $ouncil or to any =[servant of the *overnment!. The e.ercise or discharge of any functions so delegated shall be subJect to such restrictions, limitations and conditions as may be laid down by the $ommissioner and shall also be subJect to his control and revision.!

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the words Qninety days in any year in the case of any unpaid $hairman and fifteen days in the case of a paid $hairmanQ by "ection 1 F2G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 2. "ub-section F:G was omitted by Tamil 'adu )ct 2/ of 413. /. "ubstituted by Tamil 'adu )ct 2/ of 413. :. This section was inserted by "ection 4 of the Tamil. 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. <. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. =. The words Qservant of the $rownQ were substituted for the words Qofficer of *overnmentQ by the )daptation &rder of 4/1 and the word Q*overnmentQ was substituted for Q$rownQ by the )daptation &rder of 4<0.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

+'

THE C UNCIL 19% !15c4i85s 89 4?e C815cil .O"ubJect to the provisions of this )ct, the municipal administration shall vest in the $ouncil, but the $ouncil shall not be entitled to e.ercise functions e.pressly assigned by or under this )ct or any other law to the $hairman or #.ecutive )uthority.! 20% D14ies a50 78Aers 89 i50i<i01al C815cill8rs %3 F G )ny $ouncillor may call the attention of the 2[#.ecutive )uthority! to any neglect in the e.ecution of municipal worD, to any waste of municipal property, or to the wants of any locality and may suggest any, improvements which may appear desirable.
F2G #very $ouncillor shall have the right to move resolutions /[and! to interpellate the

$hairman on matters connected with the municipal administration subJect to such regulations as may be framed by the $ouncil. F/G #very $ouncillor shall have access during office hours to the records of the $ouncil after giving due notice to the 2[#.ecutive )uthority! provided that the 2[#.ecutive )uthority! may, for reasons given in writing forbid such access. 21% C815cil:s 78Aer 48 call 98r rec8r0s .OThe $ouncil may at any time, reHuire the [#.ecutive )uthority! to produce any :[CCC! document which is in his custody. The 2[#.ecutive )uthority! shall comply with every such reHuisition unless in his opinion immediate compliance therewith would be preJudicial to the interests of the $ouncil or of the public, in which case he shall maDe a declaration in writing to that effect and shall, if reHuired by the $ouncil, refer the Huestion to the 0istrict $ollector, whose decision shall be final.
2

22% 2@E6ec14i<e a14?8ri4=E 48 carr= 814 C815cil:s res8l14i85s .OThe 2[#.ecutive )uthority! shall be bound to give effect to every resolution of the $ouncil unless such resolution is modified, suspended or cancelled by a controlling authority. @2'% A778i54me54 89 S4a50i5; C8mmi44ee %3 F G ) $ouncil may, with the previous approval of the "tate *overnment, constitute such number of standing $ommittees not e.ceeding three for the purpose of e.ecuting such
:

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by "ection 1 F2G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 2. These words were substituted for the word Q$hairmanQ by "ection 1F G, i%id( /. /This word was inserted by "ection 1 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. :. The words Qrecord, plan, correspondence or otherQ were omitted by "ection 3 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. <. "ubstituted by Tamil 'adu )ct 22 of 44= w.e.f. :th )ugust 44=.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

+*

powers, discharging such duties or performing such functions as it may delegate to them N or may appoint individual $ouncillors or $ommittees, to enHuire into and report or advise on any matter which it may refer to them 5 (rovided that nothing contained in this sub-section shall apply to the Ta.ation )ppeals $ommittee Ereferred to in "ection 2/-). F2G The composition of "tanding $ommittees and the method of appointment of $hairman and the term of office of members and $hairman of "tanding $ommittees shall be such as may be prescribed.! [2'#A% Ta6a4i85 A77eals C8mmi44ee .O'otwithstanding anything contained in this )ct ,O F G for every 7unicipality, there shall be a Ta.ation )ppeals $ommittee which shall consist of the $hairman of the 7unicipal $ouncil who shall also be the $hairman of the Ta.ation )ppeals $ommittee <[and four $ouncillors selected by the $ouncil! N F2G the business of the Ta.ation )ppeals $ommittee shall be transacted in accordance with the rules made by the "tate *overnment in this behalf.! 2*% A778i54me54 89 S7ecial C8mmi44ees %3 %t shall be lawful for the $ouncil from time to time by a resolution supported by not less than one-half of the sanctioned strength of the $ouncil to appoint as members of any committee any persons 2[CCC! who are not $ouncillors but who may in the opinion of such $ouncil possess special Hualifications for serving on such committee. 2ut the number of persons so appointed on any committee shall not e.ceed onethird of the total number of members of such committee. )ll the provisions of this )ct relating to the duties, powers, liabilities and disHualifications and disabilities of $ouncillors shall, save as regards, the disHualification on the ground of /[residence!, be applicable, so far as may be, to such persons5 : [(rovided that nothing contained in this section shall apply to the Ta.ation )ppeals $ommittee referred in "ection 2/-).! 1 [2*#A% Pre7ara4i85 89 0e<el87me54 7la5 .OThere shall be prepared every year a development plan for the 7unicipality and the (anchayat Town and submitted to the 0istrict (lanning $ommittee constituted under "ection 2: of the Tamil 'adu (anchayats )ct, 44: FTamil 'adu )ct 2 of 44:G having Jurisdiction over the 7unicipality or the =[Third *rade 7unicipality! or the Town (anchayat.

PPPPPPPPPPPPPPPPPPPPPPPPP . &riginal "ection 2/-) was inserted by Tamil 'adu )ct < of 431 with effect from 21th 7ay 431 and the present "ection 2/-) was substituted by Tamil 'adu )ct = of 434 with effect from 24th 7ay 434. 2. The words Qof either se.Q were omitted by "ection 20 FiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. /. This word was substituted for the word Qse.Q by "ection 20 FiiG, i%id( :. %nserted by Tamil 'adu )ct < of 431. <. "ubstituted by Tamil 'adu )ct / of 441. =. "ubstituted for the words QTown (anchayatsQ by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 200: FTamil 'adu )ct 2: of 200:G. 1. "ections 2:-) and 2:-2 inserted by Tamil 'adu )ct 2< of 44:.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

++

2*#)% (ar0s C8mmi44ee %3 F G There shall be constituted by the "tate *overnment, a wards committee or committees consisting of one or more wards within the territorial area of the 7unicipality having population of three laDhs or more. F2G #ach wards committee shall consist of FaG all the $ouncillors of the 7unicipality representing the wards within the territorial area of the wards committee N FbG [CCC! F/G Where a wards committee consists of O FaG one ward, the $ouncillor representing the ward in the 7unicipality N FbG two or more wards, one of the $ouncillors representing such wards in the 7unicipality elected by the members of the Wards committee, shall be the chairperson of that committee. F:G The chairperson shall vacate the office as soon as he ceases to be a $ouncillor. F<G %n the event of the office of the chairperson falling vacant before the e.piry of his term, the wards committee shall, as soon as may be, after the occurrence of the vacancy, elect a new chairperson in accordance with subsection F/G 5 (rovided that a chairperson so elected shall hold office only so long as the person in whose place he is elected would have held it if such vacancy had not occurred. F=G The duration of the wards committee shall be co-e.tensive with the duration of the 7unicipality. F1G The functions and duties of the wards committee, and the procedure to be adopted by such committee for transaction of its business shall be such as may be prescribed.! 2@ F2*#C C85s4i414i85 89 Aar0 c8mmi44ee UF G There shall be constituted by the 7unicipal $ouncil, a ward committee for each ward within the territorial area of the municipality. F2G #ach ward committee shall consist of the councillor representing the ward in the municipality 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 7unicipal $ouncil. F/G The number of, Hualification for, the nominated members and the procedure of nomination shall be such as may be prescribed. 2*#D% Term 89 899ice 89 c?air7ers85 89 Aar0 c8mmi44ee U F G The councillor representing the ward in the municipality shall be the chairperson of that committee. F2G The chairperson shall vacate the office as soon as he ceases to be a councillor. 2*#E% !15c4i85s a50 014ies 89 Aar0 c8mmi44ee U F G The functions and duties of the ward committee, and the procedure to be adopted by such committee for transaction of its business shall be such as may be prescribed. F2G The duration of the ward committee shall be co-e.tensive with the duration of the 7unicipal $ouncil. 2*#!% C85s4i414i85 89 area sa2?a U F G There shall be constituted by the 7unicipal $ouncil, an area sabha for each area in a ward in the municipality F2G #ach ward shall consist of such number of area sabhas, not e.ceeding five, as may be prescribed. F/G )n 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. PPPPPPPPPPPPPPPPPPPPPPPPP . $lause FbG was omitted by FTamil 'adu )ct / of 441G w.e.f. :th 'ovember 44=. 2. "ection 2:$, 2:0, 2:#, 2:F, 2:*, 2:+ was inserted by Tamil 'adu )ct /< of 20 0 and came in force on 24. 0.20 0

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

+,

F:G #ach area sabha shall consist of the elected councillor of the ward and all the persons registered in the electoral rolls of the area. 2*#&% Term 89 899ice 89 c?air7ers85 89 area sa2?a U F G The $ouncillor of the ward shall be chairman and convener of the area sabha. F2G The duration of the area sabha shall be co-e.tensive with the duration of the 7unicipal $ouncil. 2*#H% !15c4i85s a50 014ies 89 area sa2?a U 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 prescribedS. 2+% R1les a50 re;1la4i85s 98r 7r8cee0i5;s 89 C815cil .OThe $ouncil shall observe the rules in "chedule %%% and may maDe [CCC! regulations not inconsistent therewith or with other provisions of this )ct or any rules made by the 2["tate *overnment! in regard to the following matters 5 O FaG the time and place of its meetings N FbG the manner in which notice thereof shall be given N / [FcG the preservation of order and the conduct of proceedings at meetings, and the powers, which the $hairman may e.ercise for the purpose of enforcing his decisions on points of orderN! FdG the division of duties among the members of the $ouncil N : [FeG the constitution and procedure of committees N! < [FfG the delegation of its powers, duties or functions O FiG to the $hairman, a $ouncillor, an officer or servant of the $ouncil or =[a servant of the *overnment! N or
FiG to a committee constituted under clause FeG or to its $hairman or to any one or more of its members N!

[FgG the persons by whom receipts may be granted for money paid to the $ouncil N and FhG all other similar matters.! PPPPPPPPPPPPPPPPPPPPPPPPP . The word QsupplementaryQ was omitted by "ection 2 FiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. The words Q(rovincial *overnmentQ were substituted for the words E9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for the word Q(rovincialQ by the )daptation &rder of 4<0. /. This clause was substituted for the original clause by "ection 2 FiiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. :. "ubstituted for the original clause by "ection 2 FiiiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. <. This was inserted as clause F f G by "ection 2 FivG, i%id( =. The words Qa servant of the $rownQ were substituted for the words Qan officer of *overnmentQ by the )daptation &rder of 4/1 and the word Q*overnmentQ was substituted for Q$rownQ by the )daptation &rder of 4<0. 1. The original clauses F f G and FgG were re-entered as clauses FgG and FhG by "ection 2 FivG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920


2

+-

@2,% A778i54me54 89 G8i54% C8mmi44ee %3 F G ) $ouncil may, and if so reHuired by the ["tate *overnment! shall, Join with one, or more than one, other local authority in constituting a 6oint $ommittee for any purpose in which they are Jointly interested or for any matter for which they are Jointly responsible. ) 6oint $ommittee may include persons who are not members of the local authorities concerned but who may, in their opinion, possess special Hualifications or special interest for serving on such $ommittee 5
F2G

(rovided that the number of such persons shall not e.ceed one-third of the total number of members of the 6oint $ommittee. F/G The constitution of a 6oint $ommittee shall be by means of regulations which shall not, e.cept in the cases referred to in sub-sections F=G and F1G, have effect unless assented to by each of the local authorities concerned.
F:G

The regulations shall, determine O FaG the total number of members of the 6oint $ommitteeN

FbG the number who shall be members of the local authorities concerned and the

number who may be outsiders N


FcG the persons who shall be members of the 6oint $ommittee or the manner in

which they shall be elected or appointed N


FdG the person who shall be $hairman of the 6oint $ommittee or the manner in

which he shall be elected or appointed N


FeG the term of office of members and $hairman N

FfG the powers, being powers e.ercisable by one or more of the local authorities concerned, which may be e.ercised by the 6oint $ommittee N and *>+ the procedure of the 6oint $ommittee. F<G ,egulations made under sub-sections F/G and F:G may be varied or revoDed provided that all the local authorities concerned assent to such variation or revocation. F=G %f the ["tate *overnment! taDe action under sub-section F G, they may issue such directions as they thinD necessary or desirable in respect of all or any of the matters referred to in sub-sections F/G and F:G.
F1G %f any difference of opinion arises between local authorities under any of the foregoing provisions of this section, it shall be referred to the /["tate *overnment! whose decision shall be final.

[F3G The powers of the <["tate! *overnment under this section shall, where one of the local authorities concerned is a $antonment authority or the port authority of a maJor port, only be e.ercisable with the concurrence of the $entral *overnment!. PPPPPPPPPPPPPPPPPPPPPPPPP . This "ection was substituted for the original section by "ection 22, i%id( 2. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for /. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for the word Q(rovincialQ by the )daptation &rder of 4<0. :. This sub-section was inserted by the )daptation &rder of 4/1 <. This word was substituted for the word Q(rovincialQ by the )daptation &rder of 4<0.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920 members of 7unicipal $ouncils shall be notified in the 2[&fficial *azette!.

+.

27. N84i9ica4i85 89 elec4i85 %### )ll elections [ CCC! of $hairman, ?ice-$hairman and

28. Presi0e5c= 89 C815cil .--/[F G #very meeting of the $ouncil shall be presided over by

the $hairman N in his absence by the ?ice-$hairman N and in the absence of both the $hairman and the ?ice-$hairman, :[the $ouncillors and
FaG in the case of <[Third *rade 7unicipalities!, the persons referred to in clauses

*%+ and FcG of sub-section F2G of "ection /-$ N and FbG in the case of 7unicipalities, the persons referred to in clauses *%+ and FcG of subsection F/G of "ection 1 shall elect one from among the $ouncillors to preside for the occasion.! F2G The $hairman shall preserve order and shall decide all points of order arising at or in connection with meetings. There shall be no discussion on any point of order and the decision of the $hairman on any point of order shall, save as is otherwise e.pressly provided in this )ct, be final.
=

F/G ) ?ice-$hairman or $ouncillor presiding for the occasion shall, for that meeting, [and during the period that he presides over it!, have all the powers of the $hairman. 1 @29% K K K E

'0% 3@C815cill8rE A?e5 48 a2s4ai5 9r8m 4aDi5; 7ar4 i5 0isc1ssi85 a50 <84i5; %3(1" 'o [$ouncillor! shall vote on, or taDe part in, the discussion of any Huestion coming up for consideration at a meeting of the $ouncil or any committee, if the Huestion 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.
3

F2G The $hairman may prohibit any $ouncillor from voting or taDing part in the discussion of any matter in which he believes 4[such $ouncillor! to have such interest, or he may reHuire 4[such $ouncillor! to absent himself during the discussion. F/G 4["uch $ouncillor! may challenge the decision of the $hairman, who shall thereupon put the Huestion to the meeting. The decision of the meeting shall be final.

F:G %f the $hairman is believed by any $ouncillor present at the meeting to have any such pecuniary interest in any matter under discussion, he may, if a motion to that effect be carried, be reHuired to absent himself from the meeting during such discussion. PPPPPPPPPPPPPPPPPPPPPPPPP . The words Qand appointmentsQ were omitted by "ection 2/ of the. Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. These words were substituted for the words QFort "t. *eorge *azetteQ by the )daptation &rder of 4/1. /. This sub-section was substituted for the original sub-section by "ection 2: FiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. :. "ubstituted by Tamil 'adu )ct 2< of 44:. <. "ubstituted for the words QTown (anchayatsQ by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 200: FTamil 'adu )ct 2: of 200:G. =. These words were inserted by "ection 2:FiiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0G FTamil 'adu )ct @ of 4/0G. 1. This section was omitted by "ection 2<, i%id 3. The words Q$hairman and $ouncillorQ by Tamil 'adu )ct 3 of 200=. 4. These words were substituted for the words Rsuch personS by "ection 2=FiG, of the Tamil 'adu 0istrict 7unicipalitiesF)mendmentG)ct, 4/0FTamil 'adu )ct @ of 4/0G

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

+9

[F<G The $ouncillor concerned shall not be entitled to vote on the Huestion referred to in sub-section F/G, and the $hairman concerned shall not be entitled to vote on the motion referred to in sub-section F:G.! 2 @E67la5a4i85 I%OE$hairmanE in this section includes a ?ice-$hairman, or $ouncillor, presiding for the occasion. E67la5a4i85 II%3 $ouncillor in this section shall include O FaG in the case of /[Third *rade 7unicipalities!, the persons referred to in clauses *%+ and FcG of sub-section F2G of "ection /-$ N and FbG in the case of 7unicipalities, the persons referred to in clauses *%+ and FcG of subsection F/G of "ection 1!. : @'1% P8Aer 89 C?airma5, Vice-C?airma5 8r C815cill8r 48 resi;5 %3 )ny $ouncillor or ?ice-$hairman may resign his office by giving notice to the $hairman N the $hairman may resign his office by giving notice to the commissioner. "uch resignation shall taDe effect in the case of a $ouncillor or ?ice-$hairman from the date on which it is received by the $hairman and in the case of a $hairman from the date on which it is received by the commissioner.! @'2% Ac4s 89 M15ici7al C815cil, e4c%, 584 48 2e i5<ali0a4e0 2= i598rmali4=, e4c% O'o act of a 7unicipal $ouncil or of a committee thereof or of any person acting as $hairman, ?ice-$hairman or member of the 7unicipal $ouncil or committee shall be deemed to be invalid by reason only of a defect in the establishment of the 7unicipality or committee or on the ground that the $hairman, ?ice-$hairman or any member of the $ouncil or committee was not entitled to hold or continue in such office by reason of any disHualification or by reason of any irregularity or illegality in his election or appointment or by reason of such act having been done during the period of any vacancy in the office of $hairman, ?ice-$hairman or member of the $ouncil or $ommittee.! ADMINI#T$ATION $E%O$T ''% A551al a0mi5is4ra4i85 re78r4%3 F G )s soon as may be after the first day of )pril in every year, and not later than such date as may be fi.ed by the =["tate *overnment!, the 7unicipal $ouncil shall submit to the ["tate
<

PPPPPPPPPPPPPPPPPPPPPPPPP This sub-section was inserted by "ection 2= FiiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2 The #.planation was re-numbered as #.planation-% and #.planation %% was added by FTamil 'adu )ct 2< of 44:G. / "ubstituted for the words QTown (anchayatsQ by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 200: FTamil 'adu )ct of 200:G. : "ection / was substituted by Tamil 'adu )ct 2/ of 413. < This section was substituted for the original section by "ection 23, of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. = The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for the word Q(rovincialQ by the )daptation &rder of 4<0.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

,0

*overnment! through the 0istrict $ollector a report on the administration during the preceding year in such form and with such details as the ["tate *overnment! may direct. %f the 0istrict $ollector maDes any remarDs on the report, such remarDs shall be forwarded to the $ouncil and the $ouncil shall be entitled within such time as the ["tate *overnment! 2 [fi.! to offer or maDe such e.planations or observations as the $ouncil thinDs fit.
F2G The /[#.ecutive )uthority! shall prepare the report N the 7unicipal $ouncil shall

consider his report and forward it to the ["tate *overnment! with its resolutions thereon, if any.
F/G The report :[and the resolutions thereon, if any!, shall be published in such manner

as the $ouncil, subJect to the approval of the ["tate *overnment!, may direct. CONT$OLLIN& AUTHO$ITIE# 1 '*% P8Aer 89 @S4a4e &8<er5me54E a50 C8llec48r 98r 71r78ses 89 c854r8l %3 F G The 0istrict $ollector may enter on and inspect, or cause to be entered on and inspected, any immovable property or any worD in progress under the control of any municipal authority in his district. F2G The ["tate *overnment! or the 0istrict $ollector may
=

. *1+ call for any <[CCC! document in the possession or under the control of any [$ouncil or 1F#.ecutive )uthorityG! N
FbG reHuire any $ouncil 3[or 1F#.ecutive )uthorityG! to furnish any return, plan,

estimate, statement, account or statistics N


FcG reHuire any $ouncil 4[or 1F#.ecutive )uthorityG! to furnish 0[any! information or

report on any municipal matter N PPPPPPPPPPPPPPPPPPPPPPPPP . The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for the word Q(rovincialQ by the )daptation &rder of 4<0. 2. This word was substituted for the word Qfi.esQ by the "chedule to the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. /. These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. :. These words were inserted by "ection 24 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. <. The words Qrecords, correspondence, plan or otherQ in the original clause were omitted by "ection /0 *i+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. =. The words Q$ouncil or $hairmanQ were substituted for the words Q7unicipal $ouncilQ by i%id( 1 These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 3 The words Qor $hairmanQ were inserted by "ection /0 *ii+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 4 The words Qor $hairmanQ were inserted by "ection /0 *iii+' i%id( 0 The word QanyQ was inserted by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

,1

[or 2F#.ecutive )uthorityG! any observations /[they or he may! thinD proper in regard to itsE :[or his! proceedings or duties. '+% C8llec48r:s 78Aer 48 e598rce e6ec14i85 89 res8l14i85s%O %f it appears to the 0istrict $ollector that the 2[#.ecutive )uthority! of a 7unicipality has made default in carrying out any resolution of the $ouncil, the said $ollector, after giving the 2[#.ecutive )uthority!, a reasonable opportunity of e.planation, shall send a report thereon together with the e.planation, if any, of the 2[#.ecutive )uthority! to the <["tate *overnment! and at the same time forward a copy of the same to the $ouncil. = @',% P8Aer 48 s1s7e50 8r ca5cel res8l14i85s, e4c%, 150er Ac4%3(1" The <["tate *overnment! may, by order in writing OM FiG suspend or cancel any resolution passed, order issued, or licence or permission grantedN or FiG prohibit the doing of any act which is about to be done or is being done, in pursuance or under colour of this )ct, if, in their opinionN FaG such resolution, order, licence, permission or act has not been legally passed, issued, granted or authorised N or FbG such resolution, order, licence, permission or act is in e.cess of the powers conferred by this )ct or any other lawN or FaG the e.ecution of such resolution or order, the continuance in force of such licence or permission or the doing of such act is liDely to cause danger to human life, health or safety, or is liDely to lead to a riot or an affray5 (rovided that the <["tate *overnment! shall, before taDing action under this section on any of the grounds referred to in clauses *1+ and *%+ give the authority or person concerned an opportunity for e.planation5 1 [(rovided further that nothing in this sub-section shall enable the 3["tate! *overnment to set aside any election which has been held.!
FdG record in writing, for the consideration of the $ouncil

PPPPPPPPPPPPPPPPPPPPPPPPP . The words Qor $hairmanQ were inserted by "ection /0 FivG FaG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. /. These words were substituted for the words Qhe mayQ by "ection /0 FivG FbG, i%id( :. These words were inserted by "ection /0 FivG FcG, i%id( <. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for the word Q(rovincialQ by the )daptation &rder of 4<0. =. This "ection was substituted for the original "ection by "ection / of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 1. This proviso was added by "ection : of the Tamil 'adu 0istrict 7unicipalities FThird )mendmentG )ct, 4:2 FTamil 'adu )ct @@@?%%% of 4:2G, re-enacted permanently with specified modifications by "ection / of, and the "chedule to, the Tamil 'adu ,eenacting F'o. %%%G )ct, 4:3 FTamil 'adu )ct %@ of 4:3G. 3. This word was substituted for the word Q(rovincialQ by the )daptation &rder of 4<0.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

,2

F2G %f, in the opinion of the 0istrict $ollector, immediate action is necessary on any of the grounds referred to in clause FcG of sub-section F G, he may suspend the resolution, order, licence, permission or act, as the case may be, and report to the ["tate *overnment! who may thereupon either rescind the $ollectorEs order or after giving the authority or person concerned a reasonable opportunity of e.planation, direct that it continue in force with or without modification permanently or for such period as they thinD fit.! /1. Emer;e5c= 78Aers 89 C8llec48rs%3 F G The 0istrict $ollector may, in cases of emergency, direct or provide for the e.ecution of any worD, or the doing of any act which the $ouncil or 2[#.ecutive )uthority! is empowered to e.ecute or to do, and the immediate e.ecution or the doing of which is, in his opinion, necessary for the safety of the public and may direct that the e.pense of e.ecuting such worD or doing such act incurred as the emergency may reHuire shall be paid from the municipal fund.
F2G %f the e.pense is not so paid, such $ollector may maDe an order directing the person

having the custody of the municipal fund to pay it in priority to any other charge against the fund. F/G "uch person shall, so far as the funds to the credit of the 7unicipal $ouncil admit, be bound to comply with such order. F2G #very case in which the powers conferred by this section are e.ercised shall be forthwith reported to the ["tate *overnment! by the 0istrict $ollector with the reasons in full for the e.ercise of such powers N and a copy of the letter shall, at the same time, be sent to the 7unicipal $ouncil for information. '.% S4a4e &8<er5me54:s 78Aer 48 a778i54 899icers 48 s17er<ise M15ici7ali4ies%3 F G The ["tate *overnment! may appoint such officers as may be reHuired for the purpose of inspecting or superintending the operations of all or any of the 7unicipal $ouncils established under this )ct.
F2G )ll schools, hospitals, dispensaries, vaccine stations, choultries and other institutions

maintained by any 7unicipal $ouncil and all /[CCC! documents relating thereto shall, at all times, be open to the inspection of such officers as the E["tate *overnment! may appoint in that behalf.
F/G 7unicipal authorities and 7unicipal officers and servants shall be bound to afford to inspecting or superintending officers :[CCC! appointed under this

PPPPPPPPPPPPPPPPPPPPPPPPP . The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for the word Q(rovincialQ by the )daptation &rder of 4<0. 2. These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. /. The words Qregisters, booDs, accounts and otherQ were omitted by "ection /2 FiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G :. The words Qof *overnmentQ were omitted by the )daptation &rder of 4/1.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

,'

section such access at all reasonable times to municipal property or premises, and to all [CCC! documents which, subJect to any rules framed for their guidance under "ection /0/ F G and F2G *?+ ' they may consider to be necessary to enable them to discharge their duties of inspection or superintendence. @'.#A% C854r8l 8<er M15ici7al elec4rical 150er4aDi5;s %3 The administration by a 7unicipal $ouncil of any undertaDing for the generation, transmission, supply or use of electrical energy shall be subJect to such control as may be prescribed, not inconsistent with the %ndian #lectricity )ct, 4 0 F$entral )ct %@ of 4 0GC, as in force for the time being, the rules made under that )ct, and the terms of the licence granted under it to the 7unicipal $ouncil!. '9% S4a4e &8<er5me54:s 78Aer 48 150er4aDe A8rDs 98r, 8r 48 4aDe ac4i85 i5 0e9a1l4 89, a M15ici7ali4= %3 F G %f, at any time, it appears to the /["tate *overnment! that a 7unicipal $ouncil, :[$hairman or #.ecutive )uthority! has made default in performing any duty imposed by or under this or any other )ct, <[they may!, by order in writing, fi. a period for the performance of such duty.
F2G %f such duty is not performed within the period so fi.ed, the /["tate *overnment!
2

may appoint some person to perform it, and may direct that the e.pense of performing it shall be paid, within such time, =[as they may fi.!, to such person by the 7unicipal $ouncil. ["tate *overnment! may, with the consent of the 7unicipal $ouncil, undertaDe on its behalf the construction of water-supply, drainage or other worDs, appoint persons to carry out the construction of such worDs, and direct that the e.pense, including the pay of such persons, be paid from the municipal fund.
F:G %f e.penses which the /["tate *overnment! 1[have directed! under sub-section F2G or F/G The
/

F/G to be paid from the municipal fund are not so paid, the 0istrict $ollector, with the previous sanction of the /["tate *overnment! may maDe an order directing the person having the custody of the municipal fund to PPPPPPPPPPPPPPPPPPPPPPPPP . The words Qrecords, accounts and otherQ were omitted by "ection /2 *ii+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. This section was inserted by "ection 2 *i+ of the Tamil 'adu 0istrict 7unicipalities and 9ocal 2oards F)mendmentG )ct, 4/3 FTamil 'adu )ct @?%%% of 4/3G. /. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for the word Q(rovincialQ by the )daptation &rder of 4<0. :. These words were substituted for the words Qor $hairmanQ by "ection 1 F2G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. <. These words were substituted for the words Qhe mayQ by the "chedule to the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. =. These words were substituted for the words Qas he may fi.Q by the "chedule to the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 1. These words were substituted for the words Qhas directedQ by i%id( C 'ow, the #lectricity )ct, 200/ F$entral )ct /= of 200/G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

,*

pay it in priority to any other charge against such fund e.cept charges for the service of authorised loans. F<G "uch person shall, so far as the funds to the credit of the 7unicipal $ouncil admit, be bound to comply with such order. [F=G %f on a representation in writing made by the $hairman, the "tate *overnment are satisfied that due to the non-co-operation of the $ouncillors with the $hairman, the 7unicipal $ouncil is not able to function, the "tate *overnment may, by notification, authorise the $hairman to perform, subJect to the control of the "tate *overnment or any officer authorised by the "tate *overnment in this behalf, such of the duties imposed upon the 7unicipal $ouncil by law and for such period not e.ceeding si. months as may be specified in such notification. 0uring the period for which the $hairman is so authorised, there shall be no meeting of the 7unicipal $ouncil.! @*0% '@S4a4e &8<er5me54E 48 rem8<e *@C?airma5 8rE Vice#C?airma5%#F G The /["tate *overnment! may, by notification, remove any :[$hairman or! ?ice-$hairman, who in their opinion, willfully omits or refuses to carry out or disobeys the provisions of this )ct or any rules, by-laws, regulations or lawful orders issued thereunder or abuses the powers vested in him. F2G The /["tate *overnment! shall, when they propose to taDe action under sub-section F G, give the $hairman or ?ice-$hairman concerned an opportunity for e.planation, and the notification issued under the said sub-section shall contain a statement of the reasons of the / ["tate *overnment! for the action taDen. < [F/G =[)ny person removed under sub-section F G from the office of $hairman or ?ice$hairman shall not be eligible for election to the said office! until the date -on which notice of the ne.t ordinary elections to the 7unicipal $ouncil is published in the prescribed manner, or the e.piry of 1[one year from the date specified in such notification!. [F:0#A% M84i85 89 58 c859i0e5ce i5 *@C?airma5 8rE Vice-C?airma5 %# F G "ubJect to the provisions of this section, a motion e.pressing want of confidence in the :[$hairman or! ?ice-$hairman may be made in accordance with the procedure laid down herein. PPPPPPPPPPPPPPPPPPPPPPPPP . %nserted by Tamil 'adu )ct 2/ of 413. 2. "ections :0 and :0-) were substituted for the original "ection :0 by "ection // of the Tamil E'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. /. The words Q(rovincial *overnmentQ were substituted, for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for the word Q(rovincialQ by the )daptation &rder of 4<0. :. The words Q$hairman orQ were omitted by Tamil 'adu )ct 2/ of 413 and inserted by Tamil 'adu )ct 3 of 200=. <. This sub-section was added by "ection 2 FiG of the Tamil 'adu 0istrict 7unicipalities and 9ocal 2oards F)mendmentG )ct, 4/4 FTamil 'adu )ct @% of 4/4G. =. "ubstituted by Tamil 'adu )ct 2/ of 413. 1. "ubstituted by i%id(
2 2

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,+

F2G Written notice of intention to maDe the motion, in such form as may be fi.ed by the ["tate *overnment!, signed by such number by $ouncillors as shall constitute not less than 2 [three-fifths! of the sanctioned strength of the $ouncil, together with a copy of the motion which is proposed to be made, shall be delivered by any two of the $ouncillors signing the notice in person together, to the /[,egional 0irector of 7unicipal )dministration!. F/G The /[,egional 0irector of 7unicipal )dministration! 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 F2G was delivered to him. +e shall give to the $ouncillors notice of not less than fifteen clear days of such meeting and of the time appointed therefor.
F:G The /[,egional 0irector of 7unicipal )dministration! shall preside at the meeting

convened under this section, and no other person shall preside thereat. %f within half an hour after the time appointed for the meeting, the /[,egional 0irector of 7unicipal )dministration! is not present to preside at the meeting, the meeting shall stand adJourned to a time to be appointed and notified to the $ouncillors by the /[,egional 0irector of 7unicipal )dministration! under subsection F<G.
F<G %f the /[,egional 0irector of 7unicipal )dministration! 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 subsection F/G. 'otice of not less than seven clear days shall be given to the $ouncillors of the time appointed for the adJourned meeting.
F=G "ave as provided in sub-sections F:G and F<G, a meeting convened for the purpose of considering a motion under this section, shall not, for any reason, be adJourned. F1G )s soon as the meeting convened under this section has commenced, the /[,egional

0irector of 7unicipal )dministration! shall read to the $ouncil the motion for the consideration of which it has been convened, and declare it to be open for debate.
F3G 'o debate on any motion under this section shall be adJourned.

PPPPPPPPPPPPPPPPPPPPPPPPP . The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for the word Q(rovincialQ by the )daptation &rder of 4<0. 2. "ubstituted by Tamil 'adu )ct /1 of 2001. /. The words Q,egional 0ivisional &fficerQ were substituted by the words Q,egional %nspector of 7unicipalityQ by Tamil 'adu )ct 2/ of 413 and Q,egional %nspector of 7unicipalityQ were substituted by Q,egional 0irector of 7unicipal )dministrationQ by Tamil 'adu )ct <2 of 443.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

,,

F4G "uch debate shall automatically terminate on the e.piry of two hours from the time appointed for the commencement of the meeting, if it is not concluded earlier. >pon the conclusion of the debate or upon the e.piry of the said period of two hours, as the case may be, the motion shall be put to the vote of the $ouncil. F4G The [,egional 0irector of 7unicipal )dministration! shall not speaD on the merits of the motion, nor shall he be entitled to vote thereon. F 0G ) 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 [,egional 0irector of 7unicipal )dministration! to the 2["tate *overnment!. F G %f the motion is carried with the support of not less than /[four-fifths! of the

sanctioned strength of the $ouncil, the 2["tate *overnmentG shall, by notification, remove the : [$hairman or ?ice-$hairman as the case may be!.
F 2G %f the motion is not carried by such a maJority as aforesaid, or if the meeting cannot be held for want of a @Ao7A0' no notice of any subseHuent motion e.pressing want of confidence in the same :[$hairman or ?ice-$hairman! shall be received until after the e.piry of one year from the date of the meeting. / [F :G 'o notice of a motion under this section shall be received,O FiG within one year of the assumption of office byN or FiiG during the last year of the term of office of a :[$hairman or ?ice-$hairman as the case may be.! + @*0#)% KCC!
, 1

@*0#)) KCC! @*0-$. CCC!.

PPPPPPPPPPPPPPPPPPPPPPPPP . The words Q,egional 0ivisional &fficerQ were substituted by the words Q,egional %nspector of 7unicipalityQ by Tamil 'adu )ct 2/ of 413 and Q,egional %nspector of 7unicipalityQ were substituted by Q,egional 0irector of 7unicipal )dministrationQ by Tamil 'adu )ct <2 of 443. 2. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for the word Q(rovincialQ by the )daptation &rder of 4<0. /. "ubstituted by Tamil 'adu )ct /1 of 2001. :. "ubstituted for the words Q$hairman or ?ice-$hairman, as the case may beQ by FTamil 'adu )ct 2/ of 413 and re-substituted by Tamil 'adu )ct 3 of 200=. <. "ection :0-2 was inserted by Tamil 'adu )ct 2/ of 413 and omitted by Tamil 'adu )ct 3 of 200=. =. "ection :0-22 was inserted by Tamil 'adu )ct </ of 2002 and omitted by Tamil 'adu )ct 4 of 2003. 1. "ection :0-$ was inserted by Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 431 and omitted by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 434 FTamil 'adu )ct = of 434.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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*1% S4a4e &8<er5me54:s 78Aer 48 0iss8l<e [CCC! C815cil %3 2[F G %f, in the opinion of the "tate *overnment, the 7unicipality is not competent to perform or persistently maDes default in performing the duties imposed on it by law or e.ceeds or abuses its powers, the "tate *overnment may, by notification O
FaG dissolve the 7unicipality from a specified date N and FbG direct that the 7unicipality be reconstituted with effect from a date which shall not be later than si. months from the date of dissolution.!

[F -)G 2efore publishing a notification under sub-section F G, the :["tate *overnment! shall communicate to the $ouncil concerned the grounds on which they propose to do so, fi. a reasonable period for the $ouncil to show cause against the proposal and consider its e.planations or obJections, if any 5 (rovided that where a $ouncil has disobeyed an order issued under "ection /=, the :["tate *overnment! shall not be bound to follow the procedure laid down in this sub-section.! [F2G &n the date fi.ed for the dissolution of the $ouncil under sub-section F G, all its members as well as its $hairman and ?ice-$hairman shall forthwith be deemed to have vacated their offices =[and the persons referred to in subsection F2G of "ection /-$ or subsection F/G of "ection 1, as the case may be, shall cease to be represented in the $ouncil! shall be inserted! and fresh elections shall be held in accordance with the provisions of this )ct. 1 [CCC! F/G 3[0issolution! shall taDe effect from noon on the date of application of the notification, if no date is therein specified, and thereupon the following conseHuences shall ensue5<

PPPPPPPPPPPPPPPPPPPPPPPPP . The words Qor supersedeQ was omitted by Tamil 'adu )ct 2< of 44:. 2. "ubstituted by Tamil 'adu )ct 2< of 44:. /. This sub-section was inserted by "ection /: FiiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. :. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. <. This sub-section was substituted for the original sub-section by "ection /: FiiiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. =. %nserted by Tamil 'adu )ct 2< of 44:. 1. The following sentence was omitted by "ection / F2G of the $hennai $ity 7unicipal $orporation and 0istrict 7unicipalities F)mendmentG )ct, 4=3 FTamil 'adu )ct 0 of 4=3G5-QThe newly elected $ouncillors shall enter upon their offices on the date fi.ed for the reconstitution of the $ouncilQ. 3. "ubstituted for the word QsupersessionQ by Tamil 'adu )ct 2< of 44:.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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FaG )ll the members of the $ouncil as well as [its $hairman and ?ice-$hairman shall forthwith be deemed to have vacated their offices.! FbG )ll or any of the 2[functions of the $ouncil and of its $hairman /[CCC! may,
:

[during the period of dissolution!, be e.ercised and performed, as far as may be, and to such e.tent as the <["tate *overnment! may determine, by such persons as the <["tate *overnment! = [appoint! in that behalf and any such person who is not a 0istrict $ollector or ,evenue 0ivisional &fficer may, if the <["tate *overnment! 1[so direct!, receive, payment for his services from the municipal fundN the <["tate *overnment! may determine the relations of such person with the municipal secretary Fif anyG, with the district controlling officers and 3 [with themselves!N and where there is a 4[$ommissioner!, the <["tate *overnment! may direct him to e.ercise and perform any powers and duties of the $ouncil in addition to his own.
0

FcG [C C C!

[F:G )n election to reconstitute a 7unicipal $ouncil shall be completed, before the e.piration of the period of si. months from the date of its dissolution 5 (rovided that where the remainder of the period for which the dissolved 7unicipal $ouncil would have continued is less than si. months, it shall not be necessary to hold any election under this sub-section for constituting the 7unicipal $ouncil for such period.

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the words Qthe $hairman and ?ice-$hairman shall forthwith vacate their officeQ by "ection /: FivG FaG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. These words were substituted for the words Qpowers and duties of the 7unicipal )uthoritiesQ by "ection 1 F2G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. /. &mitted by Tamil 'adu )ct 2/ of 413. :. "ubstituted by Tamil 'adu )ct 2< of 44:. <. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. =. This word was substituted for the word QappointsQ by the "chedule to the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 1. These words were substituted for the words Qso directsQ by the "chedule to the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 3. These words were substituted for the words Qwith himselfE by i%id( 4. This word was substituted for the words Qpaid $hairmanQ by "ection 1F2G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 0. This clause was omitted by "ection /: FivG FbG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. . "ubstituted for sub-sections F:G, F<G and F<-)G by Tamil 'adu )ct 2< of 44:.

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F<G )ll the newly elected $ouncillors of the reconstituted 7unicipality shall enter upon their offices on the date fi.ed for its reconstitution and they shall hold their offices only for the remainder of the period for which the dissolved 7unicipality would have continued, had it not been so dissolved.! [F=G When a $ouncil is dissolved 2[CCC! under this section, the /["tate *overnment! until the date of the reconstitution thereof and the reconstituted $ouncil thereafter shall be entitled to all the assets and be subJect to all the liabilities of the $ouncil as on the date of the dissolution, or supersession and on the date of the reconstitution respectively.! *2% P8Aers 89 899icers ac4i5; 98r, 8r i5 0e9a1l4 89, M15ici7al C815cil a50 lia2ili4= 89 M15ici7al !150 .OWhen the 0istrict $ollector or person appointed by the /["tate *overnment! lawfully taDes action on behalf of or in default of, the 7unicipal $ouncil under this )ct, he shall have :[all such powers! as are necessary for the purpose, and shall be entitled to the same protection under this )ct as the municipal authority whose powers he is e.ercising, and compensation shall be recoverable from the municipal fund by any person suffering damage from the e.ercise of such powers to the same e.tent as if the action has been taDen by such municipal authority.

PPPPPPPPPPPPPPPPPPPPPPPPP . This sub-section was added by "ection /: FviiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. The Words Qor supersededQ were omitted by Tamil 'adu )ct 2< of 44:. /. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. :. These words were substituted for the words Qpower to maDe such contractsQ by "ection /: of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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$+)(T#, %? ELECTI N AND APP INTMENT ! C UNCILL RS ELECTIONS 1 @*'% Elec4i85 89 M15ici7al C815cill8rs%3 2[F G For the purposes of election to a 7unicipal $ouncil, the "tate *overnment shall, after consulting the 7unicipal $ouncil, by notification, divide the 7unicipality into wards and determine the number of members to be elected in accordance with such scale as may be prescribed.!
/ :

[F G CCC! [F2G &nly one member shall be elected for each ward.!

F/G )ll the electors of a ward, irrespective of their community or se., shall be entitled to vote at an election <[to the seat in that ward.! F/G When issuing under sub-section F G a notification which materially alters the

e.isting division of a 7unicipality into wards, the =["tate *overnment! may direct that the alteration shall taDe effect from the ne.t ordinary elections.
F:G 1[When a new ward is formed!, or when an e.isting ward is abolished, the Tamil

'adu 3["tate #lection $ommission shall determine! FaG the ward which each $ouncillor then on the $ouncil shall be deemed to represent N and
FaG the ward or wards in which elections shall be held to fill up the vacancies, if any, in the $ouncil.!

@*'#A% Elec4i85 89 same 7ers85 98r m8re 4?a5 85e Aar0 %3 F G %f any person has been elected for two or more wards, he shall, within seven days from the date of the last of such elections, intimate to the commissioner, the ward for which he chooses to serve.

PPPPPPPPPPPPPPPPPPPPPPPPP . This section was substituted for original "ection :/ by "ection /= of Tamil 'adu )ct @ of 4/0. 2. "ubstituted by Tamil 'adu )ct 2< of 44:. /. "ub-section -) was inserted by Tamil 'adu )ct 1 of 41/ and omitted by Tamil 'adu )ct 2< of 44:. :. This sub-section was substituted for sub-section F2G by "ection : FiiiG, of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct 41/. FTamil 'adu )ct 1 of 41/. <. These words were substituted for the words Qto any seat in that ward whether reserved or notQ by "ection : Fiv.G, i%id( =. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. 1. These words were substituted for the words QWhen the number of $ouncillors to be returned by a ward is altered or when a new ward is formedQ by "ection : FvG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 41/ FTamil 'adu )ct 1 of 41/G. 3. "ubstituted by Tamil 'adu )ct 2< of 44:. 4. This section was inserted by "ection < of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 41/ FTamil 'adu )ct 1 of 41/G.

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F2G %n default of such intimation, the commissioner shall determine by lot and notify

the ward for which such person shall serve.


F/G The said person shall be deemed to have been elected only for the ward so chosen or so notified, as the case may be, and the vacancies thereby arising in the representation of the other wards shall be filled by fresh elections.!

@*'#AA% S7ecial 7r8<isi85 rela4i5; 48 elec4i85%3N84Ai4?s4a50i5; anything contained in this )ct or the rules made or orders issued under this )ct, for the first election to the 7unicipal $ouncil to be held immediately after the :th day of 6uly, 200=, the territorial area of the Wards of the 7unicipal $ouncil, the total number of. Wards and the total number of $ouncillors or members, as the case may be, to be returned from such Wards shall be the same as they e.ist on the :th day of 6uly, 200=. @*'#)% Elec4i85 48 4?e M15ici7ali4ies i5cl10i5; '@T?ir0 &ra0e M15ici7ali4iesE, T8A5 Pa5c?a=a4s F G The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the 7unicipalities including /[Third *rade 7unicipalities! and Town (anchayats shall be vested in the :[Tamil 'adu "tate #lection $ommission! consisting of a :[Tamil 'adu "tate #lection $ommissioner! to be appointed by the *overnor under )rticle 2:/-8 of the $onstitution. F2G The *overnor shall, when so reHuested by the :[Tamil 'adu "tate #lection $ommission!, maDe available to the :[Tamil 'adu "tate #lection $ommission! such staff as may be necessary for the discharge of the functions conferred on the :[Tamil 'adu "tate #lection $ommission! by sub-section F G. @*'#))% &ra54 89 7ai0 ?8li0a= 48 Em7l8=ees 85 4?e 0a= 89 78ll%3 (1" #very person employed in any business, trade industrial undertaDing or any other establishment and entitled to vote at election to any 7unicipality including Third *rade 7unicipality and Town (anchayat shall, on the day of poll, be granted a holiday. F2G 'o deduction or abatement of the wages of any such person shall be made on account of a holiday having been granted in accordance with subsection F G 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.
+ 2

PPPPPPPPPPPPPPPPPPPPPPPPP . "ection :/-)) inserted by Tamil 'adu )ct 3 of 200=. 2. 2 "ections :/-2 and :/-$ were inserted by Tamil 'adu )ct 2< of 44:. /. / "ubstituted for the words QTown (anchayatsQ by the. Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 200: FTamil 'adu )ct 2/ of 200:G. :. : "ubstituted for the words Q"tate #lection $ommissionQ by Tamil 'adu )ct 22 of 200 . <. < "ection :/-22 was inserted by Tamil 'adu )ct /< of 2003.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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F/G %f an employer contravenes the provisions of-sub-section F G or subsection F2G, then such employer shall be punishable with fine which may e.tend to five hundred rupees. F:G This section shall not apply to any elector whose absence may cause danger of

substantial loss in respect of the employment in which he is engaged.Q! *'#C% P8Aer 89 S4a4e &8<er5me54 48 maDe elec4i85 r1les%3 F G The "tate *overnment may, in consultation with the [Tamil 'adu "tate #lection $ommissioner!, maDe rules regulating the procedure with regard to election. F2G Without preJudice to the generality of sub-section F G, such rules may provide for all matters not e.pressly provided for in this )ct including deposits to be made by candidates standing for election as $ouncillors, 2[the conditions under which such deposits may be forfeited and the ma.imum amount of e.penditure which may be incurred by candidates standing for election as $ouncillors /[CCC.! 5 (rovided that the deposit reHuired shall not e.ceed three thousand rupees.! @*'#D% V84i5; mac?i5es a4 elec4i85s %3 .'otwithstanding anything contained in this )ct or the rules made thereunder, the giving and recording of votes by voting machines may be adopted in such ward or wards of a 7unicipality as the 2[Tamil 'adu "tate #lection $ommission! may, having regard to the circumstances of each case, specify. E'planation .( For the purpose of this section, Qvoting machineQ means any machine or apparatus whether operated electronically or otherwise used for giving or recording of votes and any reference to a ballot bo. or ballot paper in this )ct 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.! @**% I1ali9ica4i85s 98r i5cl1si85 i5 elec48ral r8ll 98r M15ici7ali4= a50 712lica4i85 4?ere89%3 =[F G The electoral roll of the 7unicipality shall be the same as the electoral roll of the Tamil 'adu 9egislative )ssembly prepared and revised in accordance with the provisions of law for the time being in force in
+ :

PPPPPPPPPPPPPPPPPPPPPPPPP . "ubstituted for the words Q"tate #lection $ommissionQ by Tamil 'adu )ct 22 of 200 . 2. "ubstituted for the words Qthe conditions under which such deposits may be forfeitedQ by Tamil 'adu )ct 22 of 44=. /. The words Qor $hairmanQ omitted by Tamil 'adu )ct /< of 2003. :. "ection :/-0 was %nserted by Tamil 'adu )ct 0 of 200 . <. "ection :: was substituted by the $hennai $ity 7unicipal and 0istrict 7unicipalities and 9ocal 2oards F)mendmentG )ct, 4/3 FTamil 'adu )ct %% of 4/3G. =. "ub-section F G was substituted by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 44: FTamil 'adu )ct 2< of 44:G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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a 7unicipality and shall be deemed to be the electoral role for such 7unicipality for the purposes of this )ct and that no amendment, transposition or deletion of any entry in the electoral roll of the Tamil 'adu 9egislative )ssembly made after the last date for maDing nominations for election in any 7unicipality and before the notification of the result of such election, shall form part of the electoral roll for such election, for the purpose of this section.! F -)G ) person shall be disHualified for registration in an electoral roll, if he O
FaG is not a citizen of %ndia N or FbG is of unsound mind and stands so declared by a competent $ourt N or FcG is, for the time being, disHualified from voting under the provisions of section =0

or any law relating to corrupt practices and other offences in connection with elections.
F -2G 'o person shall be entitled to be registered in the electoral roll for any

7unicipality more than once. F -2G 'o person registered in the electoral roll for a 7unicipality shall be entitled to be registered in the electoral roll for another 7unicipality, panchayat or city. E'planation .( For the purpose of this sub-section, the e.pression EpanchayatE and EcityE shall have the meanings respectively assigned to them in the Tamil 'adu (anchayats )ct, 4<3 FTamil 'adu )ct @@@? of 4<3GC, the [$hennai! $ity 7unicipal $orporation )ct, 4 4 FTamil 'adu )ct %? of 4 4G or the 7adurai $ity 7unicipal $orporation )ct, 41 FTamil 'adu )ct < of 41 G or in any other law for the time being in force.
F -$G "ubJect to the provisions of sub-sections F G, F -)G, F -2G and F $G, every person

who
FaG is not less than eighteen years of age on the Hualifying date N and FbG is ordinarily resident in a 7unicipality,

shall be entitled to be registered in the electoral roll for that 7unicipality. E'planation (BFo7 the purpose of this section, QHualifying dateQ in relation to the preparation or revision of an electoral roll under this )ct, means the first day of 6anuary of the year in which it is so prepared or revised.

PPPPPPPPPPPPPPPPPPPPPPPPP . "ubstituted for the word Q7adrasQ by the $ity of 7adras F)lteration of 'ameG )ct, 44= FTamil 'adu )ct 23 of 44=. C 'ow, see the Tamil (anchayats )ct, 44: FTamil 'adu )ct 2 of 44:G.

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F -#G FaG ) person shall not be deemed to be ordinarily resident in a 7unicipality on the ground only that he owns, or in possession of, a dwelling house therein. FbG ) person, absenting himself temporarily from his place of ordinary residence shall not, by reason thereof, cease to be ordinarily resident therein. FcG ) person who is a patient in any establishment maintained wholly or mainly for the reception and treatment of persons suffering from mental illness or mental defectiveness or who is detained in prison or other legal custody at any place, shall not, by reason thereof, be deemed to be ordinarily resident therein.
FbG %f in any case a Huestion arises as to whether a person is ordinarily resident in a

7unicipality at any relevant time, the Huestion shall be determined by the [Tamil 'adu "tate #lection $ommission! in accordance with such rules as may be prescribed. F2G )ny officer of the "tate *overnment or the 7unicipality )uthorised in this behalf by the [Tamil 'adu "tate #lection $ommission! in consultation with the "tate *overnment shall, for the purposes of this )ct, prepare and publish in such manner and at such time as the "tate *overnment may direct, the electoral roll for the 7unicipality or the alterations to such roll, as the case may be!. E'planation .( The power conferred by this sub-section on the person so authorised shall include the power to omit, in the matter and at the times aforesaid, from the electoral roll for the 7unicipality published under this sub-section, the name of the person who is dead or who incurs any of the disHualification specified in sub-section F -)G 2[or who is disHualified to be included in such part of the electoral roll for any territorial constituency of the Tamil 'adu 9egislative )ssembly as relates to that ward 5! [(rovided that the name of any person omitted from the electoral roll for the 7unicipality by reason of a disHualification under clause FcG sub-section F )G shall forthwith be reinstated in that roll if such disHualification is, during the period such roll is in force, removed under any law authorizing such removal.! F2-)G To assist the person authorised under sub-section F2G, the [Tamil 'adu "tate #lection $ommission! may employ such persons as it thinDs fit. E'planation (1" %3 Where 2[in the case of any )ssembly constituency there
2

PPPPPPPPPPPPPPPPPPPPPPPPP . "ubstituted by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 200 FTamil 'adu )ct 22 of 200 . 2. These words were substituted for the words Qin the case of any territorial constituency of the 7adras 9egislative )ssembly, there is no distinct part of the electoral roll relating to the 7unicipality, the names of all persons who are entered or who are Hualified to be included,Q by "ection 2 FiG FaG FiiG of the Tamil 'adu 0istrict 7unicipalities, 0istrict 2oards and ?illage (anchayats F)mendmentG )ct, 4< FTamil 'adu )ct @@%? of . 4< G. F"ection of Tamil 'adu )ct @@%? of 4< came into force on the 2<th "eptember 4< . )ll the other sections of the )ct came into force on the 2:th 0ecember 4< G.

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is no distinct part of the electoral roll relating to the 7unicipality E [all persons who are Hualified to be included! in such roll! under the registration area comprising the 7unicipality and whose addresses [CCC! are situated in the 7unicipality shall be entitled to be included in the electoral roll for the 7unicipality prepared for the purposes of this )ct. E'planation F2G .O 'o personEs name shall be included in the electoral roll for the 7unicipality in more than one place. [F2G )ny person authorized in this behalf by the "tate *overnment shall, for the purposes of this )ct, prepare and publish in such manner and at such times as the "tate *overnment may direct, the electoral roll for the 7unicipality or the alterations to such roll, as the case may be. E'planation .( The power conferred by this sub-section on the person so authorized shall include the power to omit, in the manner and at the times aforesaid, from the electoral roll for the 7unicipality published under this subsection the name of any person who is dead or who is disHualified to be included in such part of the electoral roll for any )ssembly constituency as relates to the 7unicipality or any portion thereof!.
F/G When a 7unicipality has been divided into wards, the electoral roll for the
2

7unicipality shall be divided into separate lists for each ward.


F:G Where after the electoral roll for a 7unicipality or any alterations thereto have been

published under sub-section F2G, the 7unicipality is divided into wards for the first time or the division of the 7unicipality into wards is altered, /[or the limits of the 7unicipality are varied! :[the person authorised under that sub-section! shall, as soon as may be after such division or alteration, /[or variation!, as the case may be, in order to give effect to the division of the 7unicipality into wards or to the alteration of the wards, /[or to the variation! of the limits, as the case may be, authorize a re-arrangement and republication of the electoral roll for the 7unicipality or any part of such roll, in such manner as the <["tate! *overnment may direct.

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the words Qall persons whose names are entered in such rollQ and the words Qas entered in such rollQ were omitted by "ection / F G FaG FiiG of the $hennai $ity 7unicipal $orporation, 0istrict 7unicipalities and (anchayats F)mendmentG )ct, 4=3 FTamil 'adu )ct = of 4=3G. 2. This sub-section and #.planation were substituted for sub-section F2G by "ection / F G FbG, i%id( /. These words were inserted by "ection 2 FiG FcG of the Tamil 'adu 0istrict 7unicipalities and 9ocal 2oards F)mendmentG )ct, 4:1 FTamil 'adu )ct %% of 4:1G. :. These words were substituted for the words Qthe election authorityQ by "ection / F G FcG of the $hennai $ity 7unicipal $orporation, 0istrict 7unicipalities and (anchayats F)mendmentG )ct, 4=3 FTamil 'adu )ct = of 4=3G. <. This word was substituted for the word Q(rovincialQ by the )daptation &rder of 4<0.

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[F:-)G 'o alteration shall be made in any part of the electoral roll for the 7unicipality published under sub-section F2G as revised by any alterations thereto subseHuently published under that sub-section or under sub-section F:G, after the last date fi.ed for maDing nomination of candidates for election to a ward and before the result of the election for the ward is notified.!
F<G The electoral roll for the 7unicipality published under sub-section F2G, as revised by

any alterations thereto subseHuently published under that sub-section or under sub-section F:G, shall remain in force until the publication of a fresh electoral roll for the 7unicipality under sub-section F2G.
F<G #very person whose name appears in the electoral roll for the 7unicipality, as so

revised, shall, so long as it remains in force, be entitled, subJect to the provisions of this )ct, to vote at an electionN and no person whose name does not appear in such roll shall vote at an election.
2 /

@E67la5a4i85 KCC! [**#A% G1ris0ic4i85 89 Ci<il C81r4s 2arre0 %3 'o $ivil $ourt shall have Jurisdiction FaG to entertain or adJudicate upon any Huestion whether any person is or is not

entitled to be registered in an electoral roll for a 7unicipality N or


FbG the inclusion or e.clusion of any entry in or from an electoral roll by an

authority under "ection ::. **#)% MaDi5; 9alse 0eclara4i85 %3 %f any person maDes in connection with O FaG the preparation, revision or correction, of an electoral roll N or
FbG the inclusion or e.clusion of any entry in or from an electoral roll, a statement or declaration in writing which is false and which he either Dnows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may e.tend to one year, or with fine, or with both!
:

[:<. CCCCC!

PPPPPPPPPPPPPPPPPPPPPPPPP . This sub-section was inserted by "ection < FiiG of the $hennai $ity 7unicipal $orporation and 0istrict 7unicipalities F)mendmentG )ct, 4=2 FTamil 'adu )ct 0 of 4=2G 2. This #.planation was substituted by "ection / F G FdG of the $hennai $ity 7unicipal $orporation, 0istrict 7unicipalities and (anchayats F)mendmentG )ct, 4=3 FTamil 'adu )ct = of 4=3G and omitted by Tamil 'adu )ct /2 of 430. /. %nserted, by Tamil 'adu )ct /2 of 430. :. This section was omitted by "ection / F2G of the $hennai $ity 7unicipal $orporation, 0istrict 7unicipalities and (anchayats F)mendmentG )ct, 4=3 FTamil 'adu )ct = of 4=3G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

--

@*,% CCCCC! [:1. DisC1ali9ica4i85 89 <84er %3 'otwithstanding anything contained in sub-section F=G! of "ection :: no person who is of unsound mind and declared so by the competent $ourt shall be Hualified to vote and no person who is disHualified under "ection =0 shall be Hualified to vote so long as the disHualification e.ists. IUALI!ICATI NS ! R MEM)ERSHIP ! C UNCIL
: 2

*.% I1ali9ica4i85 89 ca50i0a4es %3 /F G 'o person shall be Hualified for election as [a $ouncillor! unless 3 FaG his name is included in the electoral roll of the municipalityN and FbG he has completed his twenty-five years of age.
<

[F2G 'o officer of *overnment =[including! a village officer shall be Hualified for election or for holding office as :[a $ouncillor! 5 (rovided that this prohibition shall not apply to the holder of any office which does not involve both of the following incidents, namely, that the incumbent 5 O
FaG is a whole-time 1[servant of the *overnment! N and FbG is remunerated either by salary or fees 5

(rovided further that if any Huestion arises either before or after an election whether any person is or is not disHualified under this sub-section, the Huestion shall be referred to the 3 ["tate *overnment! whose decision shall be final.! F/G 2efore taDing any decision on any such Huestion the *overnor shall obtain the opinion of the Tamil 'adu "tate #lection $ommission and shall act according to such opinion. @*.#A% P8Aers 89 3@Tamil Na01 S4a4e Elec4i85 C8mmissi85E %3(1" Where in connection with the tendering of any opinion to the *overnor under sub-section F/G of "ection :3, the 4[Tamil 'adu "tate #lection $ommission! PPPPPPPPPPPPPPPPPPPPPPPPP . This section was omitted by "ection /3 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. This section was substituted for the original "ection :1 by "ection /4, and subseHuently the substituted section was again substituted by the Tamil 'adu )ct /2 of 430. /. "ub-section F G of section :3 was again substituted by the Tamil 'adu )ct /2 of 430. :. "ubstituted by Tamil 'adu )ct 3 of 200= for the words RThe $hairman or a $ouncillorS <. This sub-section was substituted for the sub-section F2G by "ection :0 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. =. "ubstituted by the words RotherS by Tamil 'adu )ct 2/ of 413. 1. The words Qservant of the $rownQ were substituted for the words Qservant of the *overnmentQ by the )daptation &rder of 4/1 and the word Q*overnmentQ was substituted for Q$rownQ by the )daptation &rder of 4<0. 3. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. 4. "ection :3-) was inserted by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 44:. FTamil 'adu )ct 2< of 44:G. 0. These words substituted by the FTamil 'adu )ct 22 of 200 G.
0

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

-.

considers it necessary or proper to maDe an inHuiry, and the $ommission is satisfied that on the basis of the affidavits filed and the documents produced in such inHuiry by the parties concerned of their own accord, it cannot come to a decisive opinion on the matter is being inHuired into, the $ommission shall have, for the purposes of such inHuiry, the powers of a $ivil $ourt, while trying a suit under the $ode of $ivil (rocedure, 403 F$entral )ct ? of 403G in respect of the following matters, namely 5O
FaG summoning and enforcing the attendance of any person and e.amining him on

oathN
FbG reHuiring the discovery and production of any document or other material obJect

produceable as evidence N
FcG receiving evidence on affidavitsN FdG reHuisitioning any public record or a copy thereof from any $ourt or office N FaG issuing commissions for the e.amination of witnesses or documents.

F2G The $ommission shall also have the power to reHuire 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 $ommission may be useful for, or relevant to, the subJect-matter of the inHuiry.
F/G The $ommission shall be deemed to be a $ivil $ourt and when any such offence, as is

described in "ection 1<, "ection 13, "ection 14, "ection 30 or "ection 223 of the %ndian (enal $ode F$entral )ct @9? of 3=0G is committed in the view or presence of the $ommission, the $ommission may, after recording, the facts constituting the offence and the statement of the accused as provided for in the $ode of $riminal (rocedure, 41/ F$entral )ct 2 of 41:G, forward the case to a 7agistrate having Jurisdiction to try the same and the 7agistrate 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 "ection /:= of the $ode of $riminal (rocedure, 41/ F$entral )ct 2 of 41:G.
F:G )ny proceeding before the $ommission shall be deemed to be a Judicial proceeding

within the meaning of "ection 4/ and "ection 223 of the %ndian (enal $ode F$entral )ct @9? of 3=0G. *.#)% S4a4eme54s ma0e 2= 7ers85s 48 4?e 1@Tamil Na01 S4a4e Elec4i85 C8mmissi85E % 3 'o statement made by a person in the course of giving evidence before the [Tamil 'adu "tate #lection $ommission! shall subJect him to, or be used against him in, any civil or Judicial proceeding e.cept a prosecution for giving false evidence by such statement5

PPPPPPPPPPPPPPPPPPPPPPPPP . These words substituted by the Tamil 'adu 7unicipal 9aws F)mendmentG )ct, 200 FTamil 'adu )ct 22 of 200 G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

-9

(rovided that the statement FaG is made in reply to a Huestion which he is reHuired by the $ommission to answer N or

FbG is relevant to the subJect-matter of the inHuiry. 48-C. Pr8ce01re 48 2e 98ll8Ae0 2= 4?e 2@Tamil Na01 S4a4e Elec4i85 C8mmissi85E %3 The [Tamil 'adu "tate #lection $ommission! shall have the power to regulate its own procedure Fincluding the fi.ing of places and times of its sitting and deciding whether to sit in public or in privateG. 48-C. Pr84ec4i85 89 ac4i85 4aDe5 i5 ;880 9ai4? %3 'o suit, prosecution or other legal proceedings shall lie against the 2[Tamil 'adu "tate #lection $ommission! or any person acting under the direction of the $ommission in respect of anything which is in good faith done or intended to be done in pursuance of the foregoing provisions of "ections :3-) to :3-$ or of any order made thereunder or in respect of the tendering of any opinion by the $ommission to the *overnor or in respect of the publication by or under the authority of the $ommission of any such opinion, paper or proceedings. *9% DisC1ali9ica4i85 89 ca50i0a4es %3 F G ) person who has been sentenced by a $riminal $ourt to transportation or to imprisonment for a period of more than si. months / [for any offence other than an offence of a political character or an offence not involving moral delinHuency! :[such sentence not having been reversed or the offence pardonedG shall be disHualified for election <[CCC! =[as a $ouncillor! 1[while the sentence is in force and for si. years from the date of the e.piration of the sentence.! [F -)G ) person convicted of an offence punishable under the prosecution of $ivil ,ights )ct, 4<< F$entral )ct 22 of 4<<G, shall be disHualified for election =Fas a councillorG for period of 4Fsi. yearsG from the date of such convictions! [F -2G ) person disHualified for being a councillor under clause FdddG of sub-section F G of section <0 shall be disHualified for election as a councillor for a period of si. years from the date of such disHualificationS! F2G ) person shall be disHualified for [election! as 2[a $ouncillor! if such person is at the date of /[nomination or election! : [FaG! of unsound mind, a deaf-mute or a leper N *%+ <[an applicant to be adJudicated a banDrupt or insolvent or! an uncertified banDrupt or undischarged insolvent N
0 3

%nserted by Tamil 'adu )ct 2< of 44: 2 / : < = 1 3 4 0 These words were substituted by the Tamil 'adu 7unicipal 9aws F)mendmentG )ct, 200 FTamil 'adu )ct 22 of 200 G. These words were inserted by "ection : FiGFaGof the T'07 F)mendmentG)ct, 4/0FTamil 'adu )ct @ of 4/0G. )dded by Tamil 'adu )ct 4 of 44 . The words Qor appointmentQ were omitted by "ection : FiG FbG, ibid The words R$hairman or as a $ouncillor5 were substituted by section // of the Tamil 'adu 7unicipal 9aws F)mendmentG )ct, 200= FTamil 'adu )ct 3 of 200=G. "ubstituted by the T' 7unicipal 9awsF)mendmentG)ct, 200 FTamil 'adu )ct 22 of 200 G "ub-section F -)G was inserted by Tamil 'adu )ct of 4=3 "ubstituted by Tamil 'adu )ct 3 of 200= for R five yearsS. "ub-section F -2G was inserted by Tamil 'adu )ct <1 of 2003 vide *.&.7s.'o. 2 7)VW" 0t 02.0 .2004 This word was substituted for the words Qelection or appointmentQ by "ection : FiiG FaG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. "ubstituted for R$hairman or as a $ouncillorS by Tamil 'adu )ct 3 of 200=. These words were substituted for the words Qnomination, election or appointmentQ by ibid. The original clauses FiG to FviG were lettered as FaGtoFf Grespectively by "ection : FiiGFbG,of the T'07 F)mendmentG )ct 4/0 FTamil 'adu )ct @ of 4/0G These words were added by "ection : FiiG FcG, ibid.

2 / : <

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

.0

FcG interested in a subsisting contract made with, or any worD being done for, the 7unicipal $ouncil e.cept as a shareholder Fother than a directorG in [a company! 5 [(rovided that a person shall not be deemed to have any interest in /[such contract or worD! by reason only of his having a share or interest in -FiG any lease, sale or purchase of immovable property or any agreement for the
2

same N or
FiG

any agreement for the loan of money or any security for the payment of money

onlyN or
FiG any newspaper in which any advertisement relating to the affairs of the $ouncil is inserted N or FiiG the sale to the $ouncil of any articles in which he regularly trades, or the purchase from the $ouncil of any articles to a value in either case not e.ceeding fifteen hundred rupees in the aggregate in any year during the period of the contract or worD N!

[FccG employed as paid legal practitioner on behalf of the $ouncil or as legal practitioner against the $ouncilN! FdG an officer or servant holding office under this )ct N or an honorary magistrate for the municipal town N FeG already <[CCC! a $ouncillor whose term of office as such will not e.pire before his fresh election =[CCC! can taDe effect N 1[or has already been elected <[CCC! 3[a $ouncillor! whose term of office has not yet commencedN!
4

[CCC! FfG the servant or employer or the official subordinate or official superior

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the words Qan incorporated companyQ by "ection :1*ii+ *d+' i%id( 2. The proviso was inserted as a proviso to clause FcG by "ection :1*ii+*&+' i%id( /. These words were substituted for the words Qsuch a contract or worD as aforesaidQ by i%id( :. This clause was inserted by "ection : FiiG *9+ i%id( <. &mitted by Tamil 'adu )ct 3 of 200=. =. The words Qor appointmentQ were omitted by "ection : FiiGFgG, i%id( 1. These words were inserted by i%id( 3. "ubstituted for the words Rthe $hairmanor a $ouncillorsS by Tamil 'adu )ct 3 of 200=. 4. The word QorQ was omitted by "ection 2FiG *1+ of the Tamil 'adu 0istrict 7unicipalities and 9ocal 2oards F)mendmentG )ct, 4:0 FTamil 'adu )ct @%? of 4:0G, re-enacted permanently by "ection 2 of, and the First "chedule to, the Tamil 'adu ,e-enacting and ,epealing F'o. %G, )ct, 4:3 FTamil 'adu )ct ?% of 4:3G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

.1

of a $ouncillor holding office on the said date N [or! [FgG in arrears of any Dind due by him Fotherwise than in a fiduciary capacityG to the 7unicipality upto and inclusive of the previous year, in respect of which a bill or notice has been duly served upon him and the time, if any, specified therein for payment has e.pired.!
2

[F2-)G. %f the Tamil 'adu "tate #lection $ommission is satisfied that person O

FaG has failed to lodge an account of election e.penses within the time and in the manner reHuired by or under the )ct, and FbG has no good reason or Jurisdiction for the failure, the Tamil 'adu "tate #lection $ommission shall, by order published in the Tamil 'adu *overnment *azette declare him to be disHualified for being elected as and for being a $hairman or a $ouncillor, as the case may be, and any such person shall be disHualified for a period of three years from the date of the year.! F/G 'otwithstanding anything contained in sub-section F G, the /["tate *overnment! may direct that such sentence shall not operate as a disHualification. : [F:G CCC! < @*9#A% DisC1ali9ica4i85 98r C?airma5, Vice -C?airma5 a50 C815cill8r .O 'otwithstanding anything contained in this )ct, no person shall be Hualified for being elected as, and for being, a $hairman, ?ice-$hairman or $ouncillor of a 7unicipality or of a =[Third *rade 7unicipality! or of a Town (anchayat if he is a member of the 9egislative )ssembly of the "tate or a member of either +ouse of (arliament!. +0% DisC1ali9ica4i85 89 C815cill8rs %3 F G "ubJect to the provisions of "ection < , a $ouncillor shall cease to hold his office, if he O FaG is sentenced by a 1[$riminal! $ourt to such punishment 3[and for such offence! as is described in sub-section F G of "ection :4 N [FaaG is convicted of an offence punishable under the (rotection of $ivil ,ights )ct, 4<< F$entral )ct 22 of 4<<G!. PPPPPPPPPPPPPPPPPPPPPPPPP . The words QorQ and clause FgG were added by "ection 2FiG FbG of the Tamil 'adu 0istrict 7unicipalities and 9ocal 2oards F)mendmentG )ct, 4:0 FTamil 'adu )ct @%? of 4:0G, re-enacted permanently by "ection 2 of, and the First "chedule to, the Tamil 'adu ,e-enacting and ,epealing F'o. %G, )ct, 4:3 FTamil 'adu )ct ?%% of 4:3G. 2. "ub-section F2-)G added by Tamil 'adu )ct 22 of 200 . /. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. :. This sub-section was omitted by "ection : FiiiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu &rder of 4/0G. <. %nserted by the Tamil 'adu 7unicipal 9aws F)mendmentG )ct, 2002 FTamil 'adu )ct 24 of 2002G. =. "ubstituted for the words QTown (anchayatQ by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 200: FTamil 'adu )ct 2/ of 200:G 1. This word was inserted by "ection :2FiGFaG, of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 3. These words were inserted by i%id( 4. $lass FaaG was inserted by Tamil 'adu )ct of 413
4

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

.2

FbG becomes of unsound mind, a deaf-mute, or a leper N FcG applies to be adJudicated or is adJudicated a banDrupt or insolvent N FdG subJect to the proviso to [clause FcG of sub-section F2G of "ection :4!, acHuires any

interest in any subsisting contract made with, or worD being done, for the $ouncil e.cept as a shareholder Fother than a directorG, in 2[a company CCCN! [Fdd+ is employed as paid legal practitioner on behalf of the $ouncil or accepts employment as legal practitioner against the $ouncilN!
[RFdddG does not belong to "cheduled $aste or "cheduled Tribe, but has been elected from the seat reserved for "cheduled $aste or "cheduled Tribe as the case may beS!
: /

[FeG is appointed as an officer or servant under this )ct or as an honorary magistrate for the municipal townN! FfG accepts employment under =[or becomes the official subordinate of! any other $ouncillorN
<

<

[FgG CCC!

FhG ceases to reside in the 7unicipality or within two miles thereof N 3[CCC! [FhhG fails to pay arrears of any Dind due by him Fotherwise than in a fiduciary capacityG to the 7unicipality, within three months after a bill or notice has been served upon him under this )ct, or where in the case of any arrear this )ct does not reHuire the service of any bill or notice, within three months after a notice reHuiring payment of the arrear Fwhich notice it shall be the duty of the #.ecutive )uthority to serve at the earliest possible dateG has been duly served upon him by the #.ecutive )uthorityN or! [FiG absents himself from the meetings of the $ouncil for a period of three consecutive months recDoned from the date of commencement of his term PPPPPPPPPPPPPPPPPPPPPPPPP . This e.pression was substituted for the e.pression Q"ection :4 sub-section F2GQ by "ection :2FiGFbG, i%id( 2. These words were substituted for the words Qan incorporated companyQ and the word Qor is employed as paid legal practitioner on behalf of the $ouncil or accepts employment as legal practitioner against the $ouncilE were omitted by i%id( /. This clause was inserted by "ection :2 F G FcG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. :. "ection <0 FdddG was inserted by Tamil 'adu )ct <1 of 2003 with effect from 2. .2004. <. This clause was substituted for the original clause by "ection :/*i+*d+ i%id( =. These words were inserted by "ection :2F GFeG, i%id( 1. This clause was omitted by "ection :2FlGFfG, i%id( 3. The words QorQ was omitted by "ection /*ii+*1+ of the Tamil 'adu 0istrict 7unicipalities and 9ocal 2oards F)mendmentG )ct, 4:0 FTamil 'adu )ct @%? of 4:0G, re-enacted permanently by "ection 2 of, and the First "chedule to, the Tamil 'adu ,e-enacting and ,epealing F'o. %G, )ct, 4:3 FTamil 'adu )ct ?%% of 4:3G. 4. This clause was inserted by "ection /*ii+ *%+' i%id( 0. This clause and #.planation were substituted for clause FiG and the #.planation thereto by "ection 2 of the Tamil 'adu 0istrict 7unicipalities F"econd )mendmentG )ct, 4/: FTamil 'adu )ct %? of 4/<G.
0 4

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

.'

of office, or of the last meeting which he attended, or of his restoration to office as [$ouncillor! under sub-section F:G, as the case may be, or of within the said period, less than three meetings have been held, absents himself from three consecutive meetings held after the said date 5 (rovided that no meeting from which 2[CCC! a $ouncillor absents himself shall be counted against him under this clause, if due notice of that meeting was not given to him. E'planation (BA meeting held under sub-rule F2G of rule 2 of "chedule %%% or rule / of that "chedule shall not be deemed to be a meeting within the meaning of this clause.!
F2G 'otwithstanding anything contained in clause FaG of sub-section F G, the /["tate

*overnment! may direct that such sentence shall not operate as a disHualification.
F/G Where a person ceases to be a $ouncillor under :[clause *1+ of sub-section F G or

under "ection =0G!, he shall be restored to office for such portion of the period for which he was elected <[CCC! as may remain une.pired at the date of such restoration, if and when the sentence or order is annulled on appeal or revision or =[the disHualification caused by the sentence or incurred under "ection =0 is removed by an order of the "tate *overnment! 1[and any person elected to fill the vacancy in the interim shall on such restoration vacate office.! [F:G Where a person ceases to be a $ouncillor under clause FiG of subsection F G, the [#.ecutive )uthority! shall at once intimate the fact in writing to such person and report the same to the $ouncil at its ne.t meeting. %f such person applies for restoration 3Ao 0o4o to the $ouncil on or before the date of its ne.t meeting or within fifteen days of the receipt by him such intimation, the
4 3

PPPPPPPPPPPPPPPPPPPPPPPPP "ubstituted for the words Rthe $hairman or $ouncillorsS by Tamil 'adu )ct of 3 of 200=. 2 / : < = The words R$hairman orS omitted by ibid. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. This e.pression was substituted for the words and letters Qclause *1+ or clause FgGQ by "ection :2FiiG *1+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. The words Qor appointedQ were omitted by "ection :2FiiG FbG, i%id( These words and figures were substituted for the words, Qthe disHualification caused by the sentence is removed by an order of the "tate *overnmentQ by "ection = of the $hennai $ity 7unicipal $orporation and 0istrict 7unicipalities F)mendmentG )ct, 4=2 FTamil 'adu )ct 0 of 4=2G. These words were inserted by "ection :2FiiG *8+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. This sub-section was substituted for the original sub-section by "ection :/*iii+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. These words were substituted for the word Q$hairmanQ by "ection 1F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

1 3 4

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

.*

$ouncil may at the meeting ne.t after the receipt of such application restore him to his office of $ouncillor5 (rovided that a $ouncillor shall not be so restored more than twice during his term of office.! @+0#A% a4? 8r a99irma4i85 %3 F G #very $ouncillor and every person nominated under clause FaG of sub-section FaG of section /-$ or clause FaG of sub-section F/G of "ection 1, as the case may be, before taDing his seat, shall maDe and subscribe at a meeting of the council an oath or affirmation according to the following form, namely5Q%, ).2. having been elected as a $ouncillor of this $ouncil do swear in the name of *od "olemnly affirm that % will bear true faith and allegiance to the $onstitution of %ndia as by law established, that % will uphold the sovereignty and integrity of %ndia and that % will faithfully discharge the duty upon which % am about to enterS. F2G %f a person sits or votes as a $ouncillor or sits as a representative nominated under clause FaG of sub-section F2G of section /-$ under clause FaG of sub-section F/G of section 1, before he has been complied with the reHuirements of sub-section F G he shall be liable in respect of each day on which he sits or votes, as the case may be, to a penalty of three hundred rupees o be recovered as arrears of ta. under this )ct,! +1% Decisi85 89 C1es4i85s 89 0isC1ali9ica4i85 89 C815cill8rs 2= Dis4ric4 G10;e %3 F G Whenever it is alleged that any person who has been elected 2[as /[CCC! or! a $ouncillor is disHualified under :[CCC! "ection <0, <["ection <0)! or "ection =0!, and such person does not admit the allegation, or whenever any $ouncillor is himself in doubt whether or not he has become disHualified for office, =[under "ection <0, <["ection <0-)!, or "ection =0!, such $ouncillor or any other $ouncillor may, and the 1[#.ecutive )uthority!, at the reHuest of the $ouncil, shall, apply to the district Judge of the district in which the 7unicipality is situated.
1

PPPPPPPPPPPPPPPPPPPPPPPPP . "ection <0-) was substituted by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 44: FTamil 'adu )ct 2< of 44:G. 2. &mitted by Tamil 'adu )ct / of 441. /. Words Qthe $hairman orQ omitted by Tamil 'adu )ct 3 of 200=. :. &mitted by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 44: FTamil 'adu )ct 2< of 44:G. <. This word, figures and letter were inserted by "ection : of the $hennai $ity 7unicipal $orporation, 0istrict 7unicipalities and (anchayats F)mendmentG )ct, 4=: FTamil 'adu )ct 2 of 4=:G. =. These words and figures were inserted by "ection :/FiG *8+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 1. These words were substituted for the word Q$hairmanQ by "ection 1FiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct 4// FTamil 'adu )ct @? of 4//G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

.+

F2G The said 6udge, after maDing such inHuiry as he deems necessary, shall determine whether or not such person is disHualified under [2FCCCG! "ection :4, "ection <0, /["ection <0-)! or "ection =0!, and his decision shall be final. F/G (ending such decision, the $ouncillor shall be entitled to act as if he were not disHualified.!
+ :

DISPUTES RE&ARDIN& ELECTI NS

+1#A% Elec4i85 7e4i4i85s %O F G 'o election of a $hairman or a $ouncillor shall be called in Huestion e.cept by an election petition presented to the 0istrict 6udge of the district in which the 7unicipality is situated within =[forty five days! from the date of the publication of the result of the election under "ection 21.
F2G )n election petition calling in Huestion any elector may be presented on one or more of the grounds specified in "ection < -2 by any candidate at such election, by any election of the ward concerned, or by any $ouncillor. F/G ) petitioner shall Join as respondents to his petition all the candidates at the election. F:G )n election petition O FaG shall contain a concise statement of the material facts on which petitioner relies N FbG shall, with sufficient particulars, set forth the ground or grounds on which the

election is called in Huestion N and


FcG shall be signed by the petitioner and verified in the manner laid down in the $ode of $ivil (rocedure, 403 F$entral )ct ? of 403G, for the verification of pleadings.

[F<G The trial of an election petition shall, so far as is practicable consistently with the interest of Justice in respect of the trial, be continued from

PPPPPPPPPPPPPPPPPPPPPPPPP . These words and figures were substituted by the Tamil 'adu 0istrict 7unicipalities )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. The words and figures Qsub-section F G of "ection :3Q were omitted by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 44: FTamil 'adu )ct 2< of 44:. /. This word, figures and letter were inserted by "ection : of the $hennai $ity 7unicipal $orporation, 0istrict 7unicipalities and (anchayats F)mendmentG )ct, 4=: FTamil 'adu )ct 2 of 4=:G. :. This word, figures and letter were inserted by "ection : of the $hennai $ity 7unicipal $orporation, 0istrict 7unicipalities and (anchayats F)mendmentG )ct, 4=: FTamil 'adu )ct 2 of 4=:G <. This heading and "ection < -) and < -2 were inserted by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 44: FTamil 'adu )ct 2< of 44:G. =. "ubstituted for the words Qfifteen daysQ by the Tamil 'adu 7unicipal 9aws F)mendmentG )ct, 200 FTamil 'adu )ct 22 of 200 G 1. "ub-section F<G and F=G were inserted by the Tamil 'adu 7unicipal 9aws F"econd )mendmentG )ct, 200 FTamil 'adu )ct 0 of 200 G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

.,

day-to-day until its conclusion, unless the 0istrict 6udge finds the adJournment of the trial beyond the following day to be necessary for reasons to be recorded. F=G #very election petition shall be tried as e.peditiously as possible and endeavour shall be made to conclude the trial within si. months from the date on which the election petition is presented to the 0istrict 6udge for trial.! +1#)% &r8150s 98r 0eclari5; elec4i85s 48 2e )oid.( *1+ "ubJect to the provisions of subsection F2G, if the 0istrict 6udge is of opinion O
FaG that on the date of his election a returned candidate was not Hualified o7 was disHualified, to be chosen as [[CCC! $ouncillor! under this )ct, or FbG that any corrupt practice has been committed by a returned candidate or his agent or by any other person with the consent of a returned candidate or his agent, or FcG that any nomination paper has been improperly reJected, or FdG that the result of the election, in so far as it concerns a returned candidate, has been materially effected O

*i+ by the improper acceptance of any nomination, or


FiiG by any corrupt practice committed in the interests of the returned candidate

by a person other than that candidate or his agent or a person acting with the consent of such candidate or agent, or
FiiG by the improper acceptance or refusal of any vote or reception of any vote which is void' or FiiiG by the non-compliance with the provisions of this )ct or of any rules or orders made thereunder, the 0istrict 6udge shall declare the election of the returned candidate to be void(

F2G %f, in the opinion of the 0istrict 6udge, a returned candidate has been guilty by an agent, of any corrupt practice, but the 6udge is satisfied O
FaG that no such corrupt practice was committed at the election by the candidate and every such corrupt practice was committed contrary to the orders, and without the consent of the candidate N FbG that the candidate tooD all reasonable means for preventing the commission of corrupt practices at the election N and

PPPPPPPPPPPPPPPPPPPPPPPPP Words Qthe $hairman or $ouncillor added by the Tamil 'adu 7unicipal 9aws FThird )mendmentG )ct, 44= FTamil 'adu )ct 22 of 44=G and the Words Qthe $hairman orQ omitted by Tamil 'adu )ct 3 of 200=.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

.-

*8+ that in all other respects the election was free from any corrupt practice on the part of the candidate or any of his agents, then the 0istrict 6udge may decide that the election of the returned candidate is not void( 1 @C RRUPT PRACTICES +1#C% C8rr174 7rac4ices .OThe following, shall be deemed to be corrupt practices for the purposes of this )ct 5F G 2ribery as defined in clause F G of "ection 2/ of the ,epresentation of the (eople )ct, 4< F$entral )ct @9%%% of 4< G. F2G >ndue influence as defined in clause F2G of the said section. F/G The systematic appeal by a candidate or his agent or by any other person to vote or refrain from voting on grounds of caste, race, community or religion or the use of, or appeal to, religious symbols, or, the use of, or appeal to, national symbols such as the national flag or the national emblem, for the furtherance of the prospects of that candidateEs election. F:G The publication by a candidate or his agent 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 candidature, or withdrawal from contest of any candidate being a statement reasonably calculated to preJudice the prospects of that candidateEs election.
F<G The hiring or procuring whether on payment or otherwise of any vehicle or vessel

by a candidate or his agent or by any other person for conveyance of any elector Fother than the candidate himself, and the members of his family or his agentG to or from any polling station provided in accordance with the rules made under this )ct 5 (rovided that the hiring of a vehicle or vessel by an elector or by several electors at their Joint costs for the purpose of conveying him or them to or from any such polling station shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power 5 (rovided further that the use of any public transport vehicle or vessel or any car or railway carriage by an elector at his own cost for the purpose of going to or coming from any such polling station shall not be deemed to be corrupt practice under this clause.

PPPPPPPPPPPPPPPPPPPPPPPPP This heading with "ection < -$ was inserted by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 44: FTamil 'adu )ct 2< of 44:G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

..

E'planation .( %n this clause, the e.pression Cv&5i8D&)E 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. F=G The holding of any meeting in which into.icating liHuors are served. F1G The issuing of any circular, placard or poster having a reference to election which does not bear the name and address of the printer and publisher thereof. F3G )ny other practice which the "tate *overnment may, by rules, specify to be a corrupt practice.! ELECTI N !!ENCES 1 @+2 48 ++% &mitted! +,% I59ri5;eme54 89 secrec= 89 elec4i85 %3 2[#very officer, clerD, agent or other person performing any duty in connection with the recording or counting of votes at an election! who, e.cept 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 of either description which may e.tend to si. months or with fine or with both. [+,#A% Mi5im1m 7e5al4= 98r 7ers85a4i85 a4 a5 elec4i85 . O'otwithstanding anything contained in "ection 1 -F of the %ndian (enal $ode F$entral )ct @9? of 3=0G, any person who in connection with an election under this )ct commits an offence of personation punishable under that section shall be punished with imprisonment for a term which shall not be less than si. months and not more than two years and with fine. +,#)% Pr8m84i5; e5mi4= 2e4Aee5 classes i5 c855ec4i85 Ai4? elec4i85 %3 )ny person who in connection with an election under this )ct 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 %ndia shall be punishable with imprisonment for a term which may e.tend to three years, or with fine, or with both. +,#C% Pr8?i2i4i85 89 712lic mee4i5;s 85 4?e 0a= 7rece0i5; 4?e elec4i85 0a= a50 85 4?e elec4i85 0a=%# F G 'o person shall convene, hold or attend
/

PPPPPPPPPPPPPPPPPPPPPPPPP . These sections were omitted by "ection :: of the $hennai $ity 7unicipal $orporation, 0istrict 7unicipalities and (anchayats F)mendmentG )ct, 4=: FTamil 'adu )ct 2 of 4=:G. 2. These words were substituted for the words, Q#very polling officer, clerD or other person in attendance at the polling roomQ by "ection 1 of the $hennai $ity 7unicipal $orporation and 0istrict 7unicipalities F)mendmentG )ct, 4=2 FTamil 'adu )ct 0 of 4=2G. /. "ections <=-) to <=-' were inserted by "ection 3 of the $hennai $ity 7unicipal $orporation and 0istrict 7unicipalities F)mendmentG )ct, 4=2 FTamil 'adu )ct 0 of 4=2G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

.9

any public meeting within the 7unicipality within twenty-four hours before the date of commencement of the poll or on the date or dates on which a poll is taDen for an election. F2G )ny person who contravenes the provisions of sub-section F G shall be punishable with fine which may e.tend to two hundred and fifty rupees. +,#D% Dis41r2a5ces a4 elec4i85 mee4i5;s %3 F G )ny 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 together, shall be punishable with fine which may e.tend to two hundred and fifty rupees.
F2G This section applies to any public meeting of a political character held within the 7unicipality between the earliest date for maDing nomination of candidates for an election and the date on which such election is held. F/G %f any police officer reasonably suspects any person of committing an offence under sub-section F G, he may, if reHuested so to do by the $hairman of the meeting, reHuire 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.

+,#E% Res4ric4i85s 85 4?e 7ri54i5; 89 7am7?le4s, 78s4ers, e4c %3(1" 'o person shall print or publish or cause to be printed or published, any election pamphlet or poster which does not bear on its face the names and addresses of the printer and the publisher thereof. F2G 'o person shall print or cause to be printed any election pamphlet or poster O
FaG unless a declaration as to the identity of the publisher thereof, signed by him and attested by two persons to whom he is personally Dnown, is delivered by him to the printer in duplicate N and FbG 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. F/G For the purposes of this section, O
FaG any process for multiplying copies of a document other than copying it by hand,

shall be deemed to be printing and the e.pression EprinterE shall be construed accordingly N and
FbG Eelection pamphlet or posterE means any printed pamphlet, hand-bill

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

90

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 worDers. F:G )ny person who contravenes any of the provisions of sub-section F G or sub-section F2G shall be punishable with imprisonment for a term which may e.tend to si. months, or with fine which may e.tend to two thousand rupees, or with both. +,#!% 99icers, e4c%, a4 elec4i85s 584 48 ac4 98r ca50i0a4es 8r 48 i59l1e5ce <84i5; %3 F G 'o person who is a returning officer, or an assistant returning officer, or a presiding or polling officer at an election, or an officer or clerD 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 Fother than the giving of voteG for the furtherance of the prospects of the election of a candidate. F2G 'o such person as aforesaid, and no member of a police force, shall endeavour O
FaG to persuade any person to give his vote at an election, or FbG to dissuade any person from giving his vote at an election, or FcG to influence the voting of any person at an election in any manner.

F/G )ny person who contravenes the provisions of sub-section F G or sub-section F2G shall be punishable with imprisonment for a term which may e.tend to si. months or with fine or with both. +,-* Pr8?i2i4i85 89 ca5<assi5; i5 8r 5ear 78lli5; s4a4i85s %3 F G 'o person shall, on the date or dates on which a poll is taDen at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of one hundred yards of the polling station, namely 5FaG canvassing for vote N or FaG soliciting the vote of any elector N or FbG persuading any elector not to vote for any particular candidate N or FcG persuading any elector not to vote at the electionN or FdG e.hibiting any notice or sign Fother than an official noticeG relating to the

election.

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91

F2G )ny person who contravenes the provisions of sub-section F G shall be punishable with fine which may e.tend to two hundred and fifty rupees. F2G )n offence punishable under this section shall be cognizable.

+,#H% Pe5al4= 98r 0is8r0erl= c8501c4 i5 8r 5ear 78lli5; s4a4i85s %3 F G 'o person shall, on the date or dates on which a poll is taDen at any polling station,O
FaG use or operate within or at the entrance of the polling station, or in any public or

private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaDer, or
FbG shout or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the worD of the officers and other persons on duty at the polling station. F2G )ny person who contravenes, or wilfully aids or abets the contravention of, the

provisions of sub-section F G shall be punishable with imprisonment for a term which may e.tend to three months or with fine or with both.
F2G %f 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. F/G )ny police officer may taDe such steps, and use such force, as may be reasonably necessary for preventing any contravention of the provisions of sub-section F G, and may seize any apparatus used for such contravention.

E'planation .( %n this section, the e.pression Qpolling officerQ means the polling officer of a polling station or if there is a presiding officer at the polling station, such presiding officer. +,#I% Pe5al4= 98r misc8501c4 a4 4?e 78lli5; s4a4i85 .O F G )ny person who during the hours fi.ed 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. F2G The powers conferred by sub-section F G shall not be e.ercised 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.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

92

F/G %f 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 punishable with imprisonment for a term which may e.tend to three, months, or with fine or with both. F:G )n offence punishable under sub-section F/G shall be cognizable.

E'planation .( %n this section, the e.pression Epolling officerE has the same meaning as in "ection <=-+. +,#G% Pe5al4= 98r ille;al ?iri5; 8r 7r8c1ri5; 89 c85<e=a5ces a4 elec4i85s %3 F G 'o 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 Fother than the candidate himself, the members of his family or his agentG to or from any polling station5 (rovided that nothing in this sub-section shall apply to O
FaG 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 powerN and FbG 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.

E'planation .( %n this sub-section, the e.pression EvehicleE 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. F2G )ny person who contravenes the provisions of sub-section F G at or in connection with an election shall be punishable with fine which may e.tend to two hundred and fifty rupees. +,-8. )reac?es 89 899icial 014= i5 c855ec4i85 Ai4? elec4i85 %3 F G %f any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official dutyN he shall be punishable with fine which may e.tend to five hundred rupees.
F2G 'o suit or other legal proceedings shall lie against any such person for damages in

respect of any such act or omission as aforesaid.


F/G 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

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

9'

withdrawal of candidatures, or the recording or counting of votes at an election N and the e.pression Eofficial dutyE shall, for the purposes of this section, be construed accordingly, but shall not include duties imposed otherwise than by or under this )ct. +,#L% Rem8<al 89 2all84 7a7ers 9r8m 78lli5; s4a4i85 48 2e a5 899e5ce .F G )ny person who, at any election, fraudulently taDes, or attempts to taDe, a ballot paper out of a polling station, or wilfully aids or abets the doing of any such act, shall be punishable with imprisonment for a term which may e.tend to one year or with fine which may e.tend to five hundred rupees or with both. F2G %f the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under subsection F G, 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 5 (rovided 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. F/G )ny ballot paper found upon the person arrested on search shall be made over for safe custody to a police officer by the presiding officer, or when the search is made by a police officer, shall be Dept by such officer in safe custody.
F:G )n offence punishable under sub-section F G shall be cognizable.

4?er 899e5ces a50 7e5al4ies 4?ere98r %3 F G 'o person at an election shall FaG fraudulently deface or fraudulently destroy any nomination paper N or FaG fraudulently deface, destroy or remove any list, notice or other document affi.ed by or under the authority of a returning officer N or FbG fraudulently deface or fraudulently destroy any ballot paper or the official marD on any ballot paper N FcG 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 N or FbG fraudulently put into any ballot bo. anything other than the ballot paper which he is authorised by law to put in N or FfG without due authority destroy, taDe, open or otherwise interfere with any ballot bo. or ballot papers then in use for the purposes of the election N or *>+ 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. F2G )ny person who contravenes the provisions of sub-section F G shall FaG if he is a returning officer or an assistant returning officer or a presiding officer at a polling station or any other officer or clerD employed on

+,#M%

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

9*

official duty in connection with the election, be punishable with imprisonment for a term which may e.tend to two years or with fine or with bothN FbG if he is any other person, be punishable with imprisonment for a term which may e.tend to si. months or with fine or with both. F/G For the purposes of this section, a person shall be deemed to be on official duty, if his duty is to taDe 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 e.pression Eofficial dutyE shall not include any duty imposed otherwise than by or under this )ct. F:G )n offence punishable under clause FbG of sub-section F2G shall be cognizable. +,#N% Pr8sec14i85 re;ar0i5; cer4ai5 elec4i85 899e5ces %3 'o $ourt shall taDe cognizance of any offence punishable under "ection <=-F or under "ection <=-8 or under clause FaG of sub-section F2G of "ection <=-7 e.cept on complaint in writing made by order of, or under authority from the "tate *overnment.! @+-#+9% KCC! @,0% DisC1ali9ica4i85 89 7ers85s c85<ic4e0 89 elec4i85 899e5ces .O#very person convicted of an offence punishable /[under "ection <=, <=-), <=-2N <=$, <=-0, <=-# <=-F, <=-*, <=-+, <=-%, <=-6, <=-8, <=-9 or <=-7! or under $hapter %@-) of the %ndian (enal $ode F$entral )ct @9? of 3=0G shall be disHualified from voting or from being elected in any election to which this )ct applies :[CCC! or from holding the office of 7unicipal $ouncillor for a period of five years from the date of his conviction <[CCC!.! , @REIUISITI NIN& ! PR PERT$ ! R ELECTI N PURP SESE , ,0#A% ReC1isi4i85i5; 89 7remises, <e?icles, e4c,% 98r elec4i85 71r78ses %3 F G %f it appears to the "tate *overnment that in connection with an election under this )ct O
2

PPPPPPPPPPPPPPPPPPPPPPPPP . These sections were omitted by "ection :: of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. This section was substituted for the original section by "ection :< of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. /. These words, figures and letters were substituted for the words and figures Qunder "ection <=Q by "ection 4 FiG of the $hennai $ity 7unicipal $orporation and 0istrict 7unicipalities F)mendmentG )ct, 4=2 FTamil 'adu )ct 0 of F 4=2G. :. The words Ror from being co-opted as a $ouncillorS were inserted by the FTamil 'adu )ct 4 of 4 G w.e.f. 3th 6uly 44 and were subseHuently omitted by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 44: FTamil 'adu )ct 2< of 44:G. <. The words Qor for such shorter period as the $ourt may, by order, determineQ were omitted by "ection 4FiiG of the $hennai $ity 7unicipal $orporation and 0istrict 7unicipalities F)mendmentG )ct, 4=2 FTamil 'adu )ct 0 of F 4=2G. =. This heading and "ections =0-) to =0-+ were inserted by "ection 20, i%id(

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

9+

FaG any premises other than residential buildings actually occupied are needed or are liDely to be needed for the purpose of being used as a polling station or for the storage of ballot bo.es after a poll has been taDen, or FbG any vehicle, vessel or animal is needed or is liDely to be needed for the purpose

of transport of ballot bo.es to or from any polling station, or transport of members of the police force for maintaining order during the conduct of such, election, or transport of any officer or other person for performance of any duties in connection with such election, the "tate *overnment may, by order in writing, reHuisition such premises, or such vehicle, vessel or animal, as the case may be, and may maDe such further orders as may appear to them to be necessary or e.pedient in connection with the reHuisitioning 5 (rovided that no vehicle, vessel or animal which is being lawfully used by a candidate or his agent for any purpose connected with the election of such candidate shall be reHuisitioned under this sub-section until the completion of the poll at such election. F2G The reHuisition shall be effected by an order in writing addressed to the person deemed by the "tate *overnment to be the owner or person in possession of the property, and such order shall be served on the person to whom it is addressed.
F/G Whenever any property is reHuisitioned under sub-section F G, the period of such reHuisition shall not e.tend beyond the period for which such property is reHuired for any of the purposes mentioned in that sub-section. F:G %n this section O FaG QpremisesQ means any land, building or part of a building and includes a hut,

shed or other structure or any part thereof N


FbG QvehicleQ means any vehicle used or capable of being used for the purpose of

road transport, whether propelled by mechanical power or otherwise ,0#)% Pa=me54 89 c8m7e5sa4i85 %3 F G Whenever, in pursuance of "ection =0-), the "tate *overnment reHuisition any premises, there shall be paid by the 7unicipal $ouncil to the persons interested compensation the amount of which shall be determined by the "tate *overnment by taDing into consideration the following, namely 5O FiG the rent payable in respect of the premises or if no rent is so payable, the rent payable for similar premises in the locality 5
1

PPPPPPPPPPPPPPPPPPPPPPPPP "ections =0-) to =0-+ were inserted by "ection 20 of the $hennai $ity 7unicipal $orporation and 0istrict 7unicipalities F)mendmentG )ct, 4=2 FTamil 'adu )ct 0 of 4=2G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

9,

(rovided that the rent payable in respect of the premises to which the provisions of the [Tamil 'adu! 2uildings F9ease and ,ent $ontrolG )ct, 4=0 F [Tamil 'adu! )ct 3 of 4=0G apply shall be the fair rent payable for the premises under that )ctN *ii+ if in conseHuence of the reHuisition of the premises the person interested is compelled to change his residence or place of business, the reasonable e.penses Fif anyG incidental to such change 5 (rovided that where any person interested, being aggrieved by the amount of compensation so determined, maDes an application to the "tate *overnment within one month from the date of service of the order determining the compensation for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the "tate *overnment may determine 5 (rovided further that where there is any dispute as to the title to receive the compensation or as to the apportionment of the amount of compensation, it shall be referred by the "tate *overnment to an arbitrator appointed in this behalf by the "tate *overnment for determination, and shall be determined in accordance with the decision of such arbitrator. E'planation .( %n this sub-section, the e.pression Qperson interestedQ means the person who was in actual possession of the premises reHuisitioned under "ection =0-) immediately before the reHuisition, or where no person was in such actual possession, the owner of such premises. F2G Whenever, in pursuance of "ection =0-), the "tate *overnment reHuisition any vehicle, vessel or animal, there shall be paid by the 7unicipal $ouncil to the owner thereof compensation the amount of which shall be determined by the "tate *overnment on the basis of the fares or rates prevailing in the locality for the hire of such vehicle, vessel or animal 5 (rovided that where the owner of such vehicle, vessel or animal, being aggrieved by the amount of compensation so determined, maDes an application to the "tate *overnment within one month from the date of service of the order determining the compensation for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the "tate *overnment may determine5 (rovided further that where immediately before the reHuisitioning the vehicle or vessel was by virtue of a hire purchase agreement in the possession of a

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the words Q7adrasQ by the Tamil 'adu )daptation of 9aws &rder, 4=4, as amended by the Tamil 'adu )daptation of 9aws F"econd )mendmentG &rder, 4=4, which came into force on the . :th 6anuary 4=4.

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9-

person other than the owner, the amount determined under this sub-section as the total compensation payable in respect of the reHuisition shall be apportioned between that person and the owner in such manner as they may agree upon, and in default of agreement, in such manner as an arbitrator appointed by the "tate *overnment in this behalf may decide. ,0#C% P8Aer 48 824ai5 i598rma4i85 %3 The "tate *overnment may, with a view to reHuisitioning any property under "ection =0-) or determining the compensation payable under "ection =0-2, by order, reHuire any person to furnish to such authority as may be specified in the order such information in his possession relating to such property as may be so specified. ,0#D% P8Aers 89 e54r= i548 a50 i5s7ec4i85 89 7remises, e4c %3 F G )ny person authorised in this behalf by the "tate *overnment may enter into any premises and inspect such premises and any vehicle, vessel or animal therein for the purpose of determining whether, and if so in what manner, an order under "ection =0-) should be made in relation to such premises, vehicle, vessel or animal or with a view to securing compliance with any order made under that section. F2G %n this section, the e.pressions QpremisesQ and QvehicleQ have the same meanings as in "ection =0-). ,0#E% E<ic4i85 9r8m reC1isi4i85e0 7remises %3 F G )ny person remaining in possession of any reHuisitioned premises in contravention of any order may under "ection =0-) may be summarily evicted from the premises by any officer empowered by the "tate *overnment in this behalf. F2G )ny officer so empowered may, after giving to any woman not appearing in public reasonable warning and facility to withdraw, remove or open any locD or bolt or breaD open any door of any building or do any other act necessary for effecting such eviction. ,0#!% Release 89 7remises 9r8m reC1isi4i85 %3 F G When any premises reHuisitioned under "ection =0-) are to be released from reHuisition, the possession thereof shall be delivered to the person from whom possession was taDen at the time when the premises were reHuisitioned, or if there were no such person, to the person deemed by the "tate *overnment to be the owner of such premises, and such delivery of possession shall be a full discharge of the "tate *overnment from all liabilities in respect of such delivery, but shall not preJudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is so delivered.
1 1 1 1

PPPPPPPPPPPPPPPPPPPPPPPPP . "ections =0-) to =0-+ were. inserted by "ection 20 of the $hennai $ity 7unicipal $orporation and 0istrict 7unicipalities F)mendmentG )ct, 4=2 FTamil 'adu )ct 0 of 4=2G.

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9.

F2G Where the person to whom possession of any premises reHuisitioned under "ection

=0-) is to be given under-subWsection F G cannot be found or is not readily ascertainable or has no agent or any other person empowered to accept delivery on his behalf, the "tate *overnment shall cause a notice declaring that such premises are released from reHuisition to be affi.ed on some conspicuous part of such premises and publish the notice in the &fficial *azette.
F/G When a notice referred to in sub-section F2G is published in the &fficial *azette, the premises specified in such notice shall cease to be subJect to reHuisition on and from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof, and the "tate *overnment shall not be liable for any compensation or other claim in respect of such premises for any period after the said date.

,0#&% Dele;a4i85 89 #915c4i85s 89 4?e S4a4e &8<er5me54 Ai4? re;ar0 48 reC1isi4i85i5; %3 The "tate *overnment may, by notification, direct that any powers conferred or any duty imposed on the "tate *overnment by any of the provisions of "ections =0-) to =0-F shall, under such conditions, if any, as may by specified in the direction, be e.ercised or discharged by such officer or class of officers as may be so specified. ,0#H% Pe5al4= 98r c854ra<e54i85 89 a5= 8r0er re;ar0i5; reC1isi4i85i5; %3 %f any person contravenes any order made under "ection =0-) or "ection =0-$, he shall be punishable with imprisonment for a term which may e.tend to one year or with fine or with both.
1

PPPPPPPPPPPPPPPPPPPPPPPPP "ections =0-) to =0-+ were inserted by "ection 20 of the $hennai $ity 7unicipal $orporation and 0istrict 7unicipalities F)mendmentG )ct, 4=2 FTamil 'adu )ct 0 of 4=2G.

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CHAPTER V P (ERS ! MUNICIPAL AUTH RITIES IN RESPECT !1 @PR PERT$, C NTRACTS AND ESTA)LISHMENT E %$O%E$T* ,1% Ves4i5; 89 712lic s4ree4s a50 a771r4e5a5ces i5 4?e M15ici7al C815cil%3 F G )ll public streets in any 7unicipality, with the pavements, stones and other materials thereof, and all 2[worDs!, materials and other things provided for such streets, all sewers, drains, drainage worDs, tunnels and culverts, whether made at the cost of the municipal fund or otherwise, in, alongside or under any street, whether public or private, and all 2[worDs!, materials and things appertaining thereto shall vest in the 7unicipal $ouncil. F2G The /["tate *overnment! may, by notification, withdraw any such street, sewer, drain, drainage worD, tunnel or culvert from the control of the $ouncil. @,1#A% D14= 89 M15ici7al C815cil i5 res7ec4 89 712lic s4ree4s Ai4?0raA5 9r8m i4s c854r8l %3 Where any public street has been withdrawn from the control of a 7unicipal $ouncil under sub-section F2G of "ection = and placed under the control of the +ighways 0epartment of the <["tate! *overnment, it shall be the duty of the 7unicipal $ouncil to provide at the cost of the municipal fund, to such e.tent as the <["tate! *overnment may, by general or special order direct, O = [FaG for the lighting, watering, scavenging, and drainage of such street!N *%+ for the provision, maintenance and repair of the water-supply mains, PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the words Q(roperty, $ontracts #stablishmentsQ by "ection / of, and the "econd "chedule to, the Tamil 'adu ,epealing and )mending )ct, 4<< FTamil 'adu )ct @@@?% of 4<<G. 2. This word was substituted for the word QerectionsQ by "ection = of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu @ of 4/0G. /. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. :. This section was inserted by "ection 2 of the Tamil 'adu 0istrict 7unicipalities and 9ocal 2oards F)mendmentG )ct, 4:= FTamil 'adu )ct ?%% of 4:=G, which came into force on the 2/rd 7arch 4:= and which was re-enacted permanently with specified modifications by "ection / of, and the "chedule to, the Tamil 'adu ,e-enacting F'o. %%%G )ct, 4:3 FTamil 'adu )ct %@ of 4:3G. <. This word was substituted for the word Q(rovincialQ by the )daptation &rder of 4<0. =. This clause was substituted for the original clause by the "chedule to the Tamil 'adu ,eenacting F'o.%%%G )ct, 4:3 FTamil 'adu )ct %@ of 4:3G.
*

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drains and sewers in, alongside or under such street N FcG for the provision, maintenance and repair of footways attached to such street 5 (rovided that where in the discharge of such duties, it is necessary for the $ouncil to open and breaD up the soil or pavement of any such street, the $ouncil shall obtain the previous consent of such officer of the +ighways 0epartment as the ["tate! *overnment may, by general or special order, specify 5 (rovided further that in cases of emergency, the $ouncil may, without such consent, open and breaD up the soil or pavement of any such street, but shall, as far as practicable, restore such soil or pavement to the condition in which it was immediately before it was opened and broDen upN and a report of the action so taDen and the reasons therefor shall be sent forthwith to the officer specified under the foregoing proviso.!
,2% C8llec4e0 seAa;e, e4c%, 48 2el85; 48 M15ici7al C815cil .O)ll rubbish and filth and

other matter collected by a 7unicipal $ouncil under this )ct shall belong to the $ouncil. ,2% P8Aer 89 )8ar0 89 Re<e51e 48 4ra5s9er c854r8l 89 e508Ame54s 48 M15ici7al C815cil%3 2[F G! "ubJect to the control of the /["tate *overnment!, the 2oard of ,evenue may, by notification, :[with the consent of a 7unicipal $ouncil, maDe over to the $ouncil! the management and superintendence of any charitable endowment in respect of which powers and duties attach to the 2oard of ,evenue under the provisions of the <[Tamil 'adu! #ndowments and #scheats ,egulation, 3 1= N and thereupon all powers and duties which attach to the 2oard of ,evenue in respect thereof shall attach to 1[the $ouncil! as if it had been specially named in the said regulation, and the $ouncil shall manage 3[and superintend! such endowment. PPPPPPPPPPPPPPPPPPPPPPPPP . This word was substituted for the word Q(rovincialQ by the )daptation &rder of 4<0. 2. The original "ection =/ was re-numbered as "ection =/ F G by "ection < of the Tamil 'adu 0istrict 7unicipalities FThird )mendmentG )ct, 4:2 FTamil 'adu )ct @@@?%%% of 4:2G, reenacted permanently with specified modification by "ection / of, and the "chedule to, the Tamil 'adu ,e-enacting F'o.%%%G )ct, 4:3 FTamil 'adu )ct %@ of 4:3G. /. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. :. These words were substituted for the words Qwith the consent of the 7unicipal $ouncil maDe over to a 7unicipal $ouncilQ by "ection :1FiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. <. These words were substituted for the word Q7adrasQ by the Tamil 'adu )daptation of 9aws &rder, 4=4, as amended by the Tamil 'adu )daptation of 9aws F"econd )mendmentG &rder, 4=4, which came into force on the :th 6anuary 4=4. =. This ,egulation has been repealed in its application to +indu religious institutions and endowments by "ection <FaG of the Tamil 'adu +indu ,eligious and $haritable #ndowments )ct, 4<4 FTamil 'adu )ct 22 of 4<4G. 1. These words were substituted for the words Qsuch $ouncilQ by "ection :1FiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 3. These words were inserted by "ection :F*ii+' i%id(

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[F2G The 2oard of ,evenue may of its own motion and shall on a direction from the ["tate! *overnment, by notification, resume the management and superintendence of any endowment made over to a 7unicipal $ouncil under sub-section F G N and upon such resumption, all the powers and duties attaching to the $ouncil in respect of the endowment shall cease and determine.!
2

,*% I5<e548r= 89 M15ici7al 7r87er4=%3 F G The /[#.ecutive )uthority! shall maintain an

inventory of all immovable property owned by the 7unicipal $ouncil or to which the $ouncil has a reversionary right. F2G ) copy of the said inventory shall be deposited in the office of the ,evenue 0ivisional &fficer of the division in which the 7unicipality lies, or, where there is no division, in the office of the 0istrict $ollector, and all changes shall be forthwith communicated to the said &fficer or $ollector.
,+% Limi4a4i85 89 78Aer 48 acce74 7r87er4= i5 4r1s4 .OThe $ouncil may accept trusts

relating e.clusively to the furtherance of :[any purpose! to which the municipal fund may be applied. 2Lec4s 584 7r8<i0e0 98r 2= 4?is Ac4 .OThe <["tate *overnment! may, =[with the consent of a 7unicipal $ouncil, transfer to the $ouncil! the management of any institution or the e.ecution of any worD not provided for by this )ct, and it shall, thereupon, be 1[lawful for the $ouncil to undertaDe such management or e.ecution! 5
,*%

(rovided that in every such case, the funds reHuired for such management or e.ecution shall be placed at the disposal of the $ouncil by the <["tate *overnment!.
,,% Pr8ce01re 98r acC1isi4i85 89 imm8<a2le 89 7r87er4= 150er 4?e La50 AcC1isi4i85

Ac4, 1.9* .O)ny immovable property which any municipal authority

PPPPPPPPPPPPPPPPPPPPPPPPP . This sub-section was added by "ection < of the Tamil 'adu 0istrict 7unicipalities FThird )mendmentG )ct, 4:2 FTamil 'adu )ct @@@?%%% of 4:2G, re-enacted permanently with specified modifications by "ection / of, and the "chedule to, the Tamil 'adu ,eenacting F'o. %%%G )ct, 4:3 FTamil 'adu )ct %@ of 4:3G. 2. This word was substituted for the word Q(rovincialQ by the )daptation &rder of 4<0. /. These words were substituted for the word Q$hairmanQ by section 1F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. :. These words were substituted for the word QpurposesQ by "ection :3 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. <. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. =. These words were substituted for the words Qwith the consent of the $ouncil of any 7unicipality, transfer to any 7unicipal $ouncilQ by "ection :4 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 1. These words were substituted for the words Qlawful for such $ouncil to undertaDe the management of the institution or the e.ecution of the worDQ %G' i%id(

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is authorised by this )ct to acHuire may be acHuired under the provisions of the 9and )cHuisition )ct, 34: F$entral )ct % of 34:G, and on payment of the compensation awarded under the said )ct in respect of such property and of any other charges incurred in acHuiring it, the said property shall vest in the $ouncil. C NTRACTS ,.% Dele;a4i85 89 a14?8ri4= 48 c854rac4 a50 c854rac41al 78Aers 89 7ers85s a778i54e0 2= &8<er5me54 %31@(1" ) $ouncil of the grade specified in column F G of the Table below may delegate to the $hairman or to a committee consisting of two or more members the power of maDing on its behalf any contract the value or amount whereof does not e.ceed the sum specified in the corresponding entries in column F2G of that Table 5O T+# T)29# *rades. F G [ . FaG "pecial *rade 7unicipalities FbG "election *rade 7unicipalities
2. % *rade 7unicipalities /. %% *rade 7unicipalities :. %%% *rade 7unicipalities and Town (anchayats

7a.imum value or amount. F2G Rs% <0,000 :0,000 /0,000 20,000 0,000!

(rovided that in the case of 7unicipalities included in "chedule %@ or notified under subsection F G of "ection 2-$, the power of maDing on behalf of the $ouncil all contracts shall be e.ercised by a committee consisting of the $hairman, the commissioner and one member of the $ouncil elected by itN and the $ouncil shall not e.ercise or delegate the power of maDing such contracts.
/

[CCC!

F2G %n respect of a contract the value or amount whereof e.ceeds the sums specified in column F2G of the Table under sub-section F G, the sanction of the $ouncil for the maDing thereof shall be obtained before the same is made.!

PPPPPPPPPPPPPPPPPPPPPPPPP . These sub-sections were substituted for the original sub-sections F G and F2G by "ection 2 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 410 FTamil 'adu )ct /0 of 410G which were deemed to have come into force on the 2:th &ctober 410. 2. "ubstituted by Tamil 'adu )ct /3 of 2003. /. &mitted by Tamil 'adu )ct /3 of 2003.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

10'

F/G 'otwithstanding anything in the two preceding sub-sections, any person appointed by the ["tate *overnment! to carry any worD into e.ecution on behalf of a 7unicipal $ouncil may, subJect to such control as the ["tate *overnment! may prescribe, maDe such contracts as are necessary for the purpose of carrying such worD into e.ecution to the e.tent of the sum provided for such worD N and the 7unicipal $ouncil shall pay to the person so appointed such sums as may be reHuired for the said purpose to the e.tent aforesaid. @,.#A% R1les re;ar0i5; 4?e c850i4i85s 85 A?ic? c854rac4s ma= 2e ma0e .OThe power conferred by "ection =3 to maDe or sanction contract shall be subJect to such rules as may be prescribed in regard to the conditions on which, and the mode in which, contracts may be made or sanctioned by or on behalf of 7unicipal $ouncils.! ,9% M80e 89 e6ec14i5; c854rac4s %3 F G #very contract made by, or on behalf of, a $ouncil, where of the value or amount e.ceeds /[one hundred rupees! shall be in writing and e.cept in the case of contracts made under the provisions of sub-section F/G of "ection =3 shall be signed by two 7unicipal $ouncillors 5 [(rovided that in the case of 7unicipalities included in "chedule %@ or notified under sub-section F G of "ection 2-$, every such contract shall be signed by the commissioner.! F2G ) contract e.ecuted or made otherwise than <[in conformity with the provisions of this section, or "ection =3, and of the rules referred to in "ection =3-)! shall not be binding on the 7unicipal $ouncil. @-0% Es4a2lis?me54 89 M15ici7al C815cil %3 F G The sanction of the $ouncil shall be obtained for the all proposals for fi.ing or altering the number, designations and grades of its officers and servants and the salaries, fees and allowances payable to them.
= : 2

PPPPPPPPPPPPPPPPPPPPPPPPP . The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. 2. This section was inserted by "ection 2 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4: FTamil 'adu )ct @ of 4: G, re-enacted permanently by "ection 2 of and the First "chedule to, the Tamil 'adu ,e-enacting F'o. %%G )ct, 4:3 FTamil 'adu )ct ?%%% of 4:3G. /. These words were substituted for the e.pression Q,s. 00Q by "ection < of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. :. This proviso was added by "ection of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.E <. This e.pression was substituted for the words Qin conformity with the provisions of this and the last preceding sectionQ by "ection / of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4: FTamil 'adu )ct @ of 4: G, re-enacted permanently by "ection 2 of, and the First "chedule to, the Tamil 'adu ,e-enacting F'o. %%G )ct, 4:3 FTamil 'adu )ct ?%%% of 4:3G. =. This section was substituted for the original section by "ection <2 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G.

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10*

F2G "uch proposals shall be taDen into consideration by the $ouncil only at the instance of the [#.ecutive )uthority! and the $ouncil may sanction them with or without modifications5 (rovided that no proposal adversely affecting any municipal officer or servant, who has been in the permanent service of the 7unicipality for more than five years and is drawing a salary of not less than fifty rupees per mensem, shall be considered e.cept at a special meeting convened for the purpose and no such proposal shall be given effect to, unless assented to by at least one-half of the members then on the $ouncil.! [F/G 'otwithstanding anything contained in sub-sections F G and F2G, the E["tate *overnment! shall have power to fi. or alter the number, designations and grades of, and the salaries, fees and allowances payable to, the officers and servants of any 7unicipal $ouncil or any class of such officers and servants N and it shall not be open to the 7unicipal $ouncil to vary the number, designations, grades, salaries, fees or allowances as so fi.ed or altered, e.cept with the previous sanction of the /F"tate *overnmentG.! @-1% T?e Secre4ar=, 4?e Heal4? 99icer a50 4?e E5;i5eer%3(1" <[%n any 7unicipality which is neither included in "chedule %@ nor notified under sub-section F G of "ection 2-$!, a post of "ecretary may be sanctioned by the $ouncil. F2G )ny 7unicipal $ouncil, by special resolution, may, and every $ouncil which during three consecutive years has realised an income of one hundred thousand rupees from ordinary receipts, shall, if so reHuired by the E["tate *overnment!, sanction a post of +ealth &fficer and a post of 7unicipal #ngineer. [F2-)G )ny 7unicipal $ouncil which has undertaDen the generation, transmission, or supply of electrical energy, by special resolution, may, and if so reHuired by the 1["tate! *overnment shall, sanction a post of municipal #lectrical
= : 2

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 2. This sub-section was added by "ection / of the Tamil 'adu 0istrict 7unicipalities F"econd )mendmentG )ct, 4/: FTamil 'adu )ct %? of 4/<G. /. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. :. This section was substituted for the original section by "ection </ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. <. These words were substituted for the words Q%f, in any 7unicipality, there is salary attached to the office of the $hairmanQ by "ection 1 F2G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. =. This sub-section was inserted by "ection 2FiiG of the Tamil 'adu 0istrict 7unicipalities and 9ocal 2oards F)mendmentG )ct, 4/3 FTamil 'adu )ct @?%%% of 4/3G. 1. This word was substituted for the word Q(rovincialQ by the )daptation &rder of 4<0.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

10+

#ngineer. F)ny such 7unicipal $ouncil, if so reHuired by the 2["tate! *overnment, shall also sanction, by special resolution, one or more posts of assistant municipal #lectrical #ngineerG!.
F/G The salaries of these officers shall be fi.ed by the 7unicipal $ouncil subJect to the approval of the /["tate *overnment!. F/G #very secretary, health officer, :[engineer, #lectrical #ngineer or assistant #lectrical

#ngineer! shall devote his whole time to the duties of his office and shall not engage in any other profession, trade or business.! -2% !illi5; 17 89 4?e a778i54me54 89 Heal4? 99icer, E5;i5eer 8r Elec4rical E5;i5eer% 3 F G &n the occurrence of a vacancy in, or after the creation of, an office of health officer, < [engineer, #lectrical #ngineer, or assistant #lectrical #ngineer!, an appointment shall be made thereto by the $ouncil subJect to the approval of the /["tate *overnment! within four months from the date on which the vacancy occurred or the office was created or, in the event of any appointment so made by the $ouncil not being confirmed by the /["tate *overnment! within thirty days of the date of the receipt by the $ouncil of the orders of the /["tate *overnment!.
F2G %n default of an appointment being made by the $ouncil as aforesaid, the /["tate

*overnment! may appoint a person to hold the office, and such appointment shall, for all purposes, be deemed to have been made by the 7unicipal $ouncil.
F/G (ending the settlement of an appointment under sub-section F G or F2G the

7unicipal $ouncil may appoint a person to hold the office temporarily and may direct that the person so appointed shall receive such salary not e.ceeding the sanctioned salary of the post as it shall thinD fit. PPPPPPPPPPPPPPPPPPPPPPPPP . This sentence was added by "ection 2FiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4:< FTamil 'adu )ct @@%%% of 4:<G, re-enacted permanently by "ection 2 of, and the First "chedule to, the Tamil 'adu ,e-enacting and ,epealing F'o. %G )ct, 4:3 FTamil 'adu )ct ?%% of 4:3G. 2. This word was substituted for the word Q(rovincialQ by the )daptation &rder of 4<0. /. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. :. These words were substituted by "ection 2 FiiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4:< FTamil 'adu )ct @@%%% of 4:<G, re-enacted permanently by "ection 2 of, and the First "chedule to, the Tamil 'adu ,e-enacting and ,epealing F'o. %G )ct, 4:3 FTamil 'adu )ct ?%% of 4:3G for the words Qengineer or #lectrical #ngineerQ as substituted for the words Qor engineerQ by "ection 2 FiiiG of the Tamil 'adu 0istrict 7unicipalities and 9ocal 2oards F)mendmentG )ct, 4/3 FTamil 'adu )ct @?%%% of 4/3G. <. These words were substituted for "ection / i%id' for the words Qengineer or #lectrical #ngineerQ as substituted for the words Qor engineerQ by "ection 2 FivG of the Tamil 'adu 0istrict 7unicipalities and 9ocal 2oards F)mendmentG )ct, 4/3 FTamil 'adu )ct @?%%% of 4/3G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

10,

[F:G 'o such officer shall be removed from office e.cept with the consent of the ["tate *overnment!. "uch consent shall be given if the removal is recommended by a resolution of the $ouncil passed at a special meeting called for the purpose and supported by the votes of not less than two-thirds of the sanctioned strength of the $ouncil.!
2

[1/. !illi5; 17 89 a778i54me54s 84?er 4?a5 4?8se s7eci9ie0 i5 Sec4i85s 12#C a50 -2 .O "ave as provided in "ections 2-$ and 12, appointments to all posts under the 7unicipal $ouncil the pay or the ma.imum pay of which e.ceeds :[fifty rupees! per mensem shall be made <[by a committee 8o23i34i2> of a $hairman, the commissioner and one member elected by the $ouncil! and appointments to all other posts under the $ouncil shall be made by the #.ecutive )uthority, subJect to =[any rules Fincluding rules for the representation of different communitiesG which the 2["tate *overnment! may maDe in this behalf5! (rovided that in case of emergency O
FaG the #.ecutive )uthority may appoint temporarily such officers and servants as may, in his opinion, be reHuired for the purposes of this )ct and the employment of whom for any particular worD has not been prohibited by any resolution of the 7unicipal $ouncilN andX FbG every appointment made under clause *1+ shall be reported by the #.ecutive )uthority to the $ouncil at its ne.t meeting.!

[1/-). P8Aer 89 S4a4e &8<er5me54 48 4ra5s9er 899icers a50 ser<a54s 89 M15ici7ali4ies 8r C8r78ra4i85s%3 F G 'otwithstanding anything contained in this )ct or in any other law for the time being in force, the "tate *overnment shall have power FaG to transfer any officer or servant of a 7unicipality to the service of the 7unicipal $orporation of 3[$hennai! constituted under the :[$hennai!

PPPPPPPPPPPPPPPPPPPPPPPPP . This sub-section was added by "ection <: of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for the word Q(rovincialQ by the )daptation &rder of 4<0. /. This section was substituted for the original "ection 1/ by "ection 2 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. :. These words were substituted for the words Qeighty rupeesQ by "ection / of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/< FTamil 'adu )ct @?%%% of 4/<G. These words were substituted for the words Qby the $ouncilQ by i%id( <. These words were substituted for the words Qany rules which the 9ocal *overnment may maDe in this behalfE by "ection : of the Tamil 'adu 0istrict 7unicipalities F"econd )mendmentG )ct, 4/: FTamil 'adu )ct %? of 4/<G. =. "ubstituted by the Tamil 'adu 7unicipal 9aws F)mendmentG )ct, 43< FTamil 'adu )ct /2 of 43<G. 1. "ubstituted for the word Q7adrasQ by the $ity of 7adras F)lteration of 'ame )ct, 44= FTamil 'adu )ct 23 of 44=G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

10-

$ity 7unicipal $orporation )ct, 4 4 FTamil 'adu )ct %? of 4 4G or the 7unicipal $orporation of 7adurai constituted under the 7adurai 7unicipal $orporation )ct, 41 FTamil 'adu )ct < of 41 G or the 7unicipal $orporation of $oimbatore constituted under the $oimbatore $ity 7unicipal $orporation )ct, 43 FTamil 'adu )ct 2< of 43 G or any municipal corporation constituted under any law for the time being in force N or
FbG to transfer any officer or servant of any of the municipal corporation referred to in clause FaG, to the service of any 7unicipality N or FcG to transfer any officer or servant of any 7unicipality to the service of any other 7unicipality. F2G The "tate *overnment shall have power to issue such general or special directions as they may deem necessary for the purpose of giving due effect to any transfer made under subsection F G. -*% P8Aer 89 C815cil 48 9rame ser<ice Re;1la4i85s%3 "ubJect to the [provisions of this )ct and any rules which the 2["tate *overnment! may maDe in this behalf!, the $ouncil may frame regulations in respect of officers and servants on the municipal staff O FaG fi.ing the amount and nature of security to be furnished N FbG prescribing educational or other Hualifications N FcG regulating the grant of leave, leave allowances, /[acting allowances and travelling

allowances! N FdG regulating the grant of pensions and gratuities N FaG establishing and maintaining provident funds and maDing contribution thereto compulsory N FfG regulating conduct N and *>+ generally prescribing conditions of service 5 (rovided FiG that the amount of any leave, :[ eave allowances, travelling allowances, pension or gratuity provided for in such regulations! shall, in no case without the special sanction of the 2 [ "tate *overnment!, e.ceed what would be admissible in the case of *overnment servants of similar standing and status N

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the words and figures Qprovisions of "ections 2, 1, 1 and 11 and any rules made by the *overnor *eneral-in-$ouncilQ by "ection <= *i+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for the word Q(rovincialQ by the )daptation &rder of 4<0. /. These words were substituted for the words Qand acting allowancesQ by "ection <= *ii+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. :. These words were substituted for the words Qand leave allowances, gratuity or pension granted under these regulationsQ by "ection <= *iii+' i%id(

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

10.

*ii+ that the conditions under which such allowances are granted or any leave, superannuation or retirement is sanctioned shall not without similar sanction be more favourable than those for the time being prescribed for such *overnment servants.
-+% P8Aer 48 715is? m15ici7al 899icers 8r ser<a54s%O "ubJect to the provisions of

"ection 11 and to such control as may be prescribed by the ["tate *overnment!, the 2 [#.ecutive )uthority! may /[censure, fine, withhold promotion from!, :[recover the whole or part of any pecuniary loss caused to the 7unicipal $ouncil from the pay of!, reduce, suspend, remove or dismiss <[any officer or servant in the service of the 7unicipality! e.cept a health officer, =[a municipal engineer, a municipal #lectrical #ngineer or an assistant municipal #lectrical #ngineer! for any breach of departmental rules or discipline, or for carelessness, unfitness, neglect of duty or other misconduct5 [(rovided that a fine shall not be imposed on any municipal officer or servant unless he is a 2ill $ollector or the holder of a post which is classified by the ["tate *overnment! as inferior or menial.!
-,% P8Aer 48 ;ra54 lea<e 48 Es4a2lis?me54 %3 The 2[#.ecutive )uthority! may grant
1

leave to all 7unicipal officers and servants. PPPPPPPPPPPPPPPPPPPPPPPPP The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for the word Q(rovincialQ by the )daptation &rder of 4<0. 2 These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct. @? of 4//G. / These words were substituted for the word QfineQ by "ection <1 FiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. : These words were inserted by "ection / F/G of the $hennai $ity 7unicipal . $orporation, 0istrict 7unicipalities and (anchayats F)mendmentG )ct, 4=3 FTamil 'adu )ct = of 4=3G. < These words were substituted for the words Qany municipal officer or servant in its serviceQ by "ection / F G of, and the "econd "chedule to, the Tamil 'adu ,epealing and )mending )ct, 4< FTamil 'adu )ct @%? of 4< G and the words Qin its serviceQ were inserted by "ection <1 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. = These words were substituted by "ection : of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4:< FTamil 'adu )ct @@%%% of 4:<G, re-enacted permanently by "ection 2 of, and the First. "chedule to, the Tamil 'adu ,e-enacting and ,epealing F'o. G )ct, 4:3 FTamil 'adu )ct ?%% of 4:3G, for the words Qa municipal . engineer or a municipal #lectrical #ngineerQ as substituted for the words Qor a municipal engineerQ by "ection 2FvG of the Tamil 'adu 0istrict 7unicipalities and 9ocal 2oards F)mendmentG )ct, 4/3 FTamil 'adu )ct @?%%% of 4/3G. 1 This proviso was added by "ection 2 of the Tamil 'adu 0istrict 7unicipalities and 9ocal 2oards F"econd )mendmentG )ct, 4:2 FTamil 'adu )ct @?%%% of 4:2G, re-enacted permanently by "ection 2 of, and the First "chedule to, the Tamil 'adu ,e-enacting and ,epealing F'o. %G )ct, 4:3 FTamil 'adu )ct ?%% of 4:3G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

109

@-,#A% P8Aer 89 2@S4a4e &8<er5me54E 48 a778i54 Heal4? 99icer, E5;i5eer 8r Elec4rical E5;i5eer %3 'otwithstanding anything contained in this )ct O
FaG the 2["tate *overnment! may, by notification, taDe power to appoint the health

officer, /[the 7unicipal #ngineer, the 7unicipal #lectrical #ngineer or the )ssistant 7unicipal #lectrical #ngineer! in the case of any 7unicipality or class of 7unicipalities N
FbG the 2["tate *overnment! may recover from the 7unicipal $ouncil concerned the

whole or such proportion of the salary and allowances paid to any such health officer, : [#ngineer, #lectrical #ngineer or )ssistant #lectrical #ngineer! and such contribution towards his leave allowances, pension and provident fund as the 2["tate *overnment! may, by general or special order, determine N
FaG the 2["tate *overnment! may, at any time, withdraw any such health officer,
:

[#ngineer, #lectrical #ngineer, or )ssistant #lectrical #ngineer! and appoint another in his place N and
FcG the 2["tate *overnment! shall have power to regulate the methods of recruitment,

conditions of service, pay and allowances and discipline and conduct of the health officers, : [#ngineers, #lectrical #ngineers and )ssistant #lectrical #ngineers! appointed under clause FaG.! --% S7ecial 7r8<isi85s re;ar0i5; &8<er5me54 ser<a54s le54 48 C815cil%3 F G The ["tate *overnment! may, on the application of any 7unicipal $ouncil, place the services of any *overnment servant <[employed in conne.ion with the affairs of the =F"tateG at the disposal of the $ouncil to be employed by it for the purposes of this )ct. The $ouncil shall pay any *overnment servant so employed the salary he may be entitled to receive under the rules of the branch of *overnment service to which he belongs, and shall 1[also maDe any
2

PPPPPPPPPPPPPPPPPPPPPPPPP This section was inserted by "ection 2 of the Tamil 'adu 0istrict 7unicipalities FThird )mendmentG )ct, 4// FTamil 'adu )ct @%% of 4//G. 2 The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. / These words were substituted by "ection < *i+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4:< FTamil 'adu )ct @@%%% of 4:<G, re-enacted permanently by "ection 2 of, and the First "chedule to, the Tamil 'adu ,e-enacting and ,epealing F'o. %G )ct, 4:3 FTamil 'adu )ct ?%% of 4:3G, for the words Qthe municipal engineer or the municipal #lectrical #ngineerQ as substituted for the words Qor the municipal engineerQ by "ection 2 *vi+ of the Tamil 'adu 0istrict 7unicipalities and 9ocal 2oards F)mendmentG )ct, 4/3 FTamil 'adu )ct @?%%% of 4/3G. : These words were substituted by "ections < FiiG, i%id( < These words were inserted by the )daptation &rder of 4/1. = This word was substituted for the word Q(rovinceQ by the )daptation &rder of 4<0. 1 These words substituted for the words Qalso pay the 9ocal *overnment such contribution towards the pension and leave allowances of such servant as may be payable under the regulations in that behalf in force for the time beingQ by the )daptation &rder of 4/1.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

110

contribution towards the pension and leave allowances of such servant as may be reHuired, by the conditions of his service under the [*overnment!, to be paid by him or on his behalf.! F2G %f such servant, while employed by the 7unicipal $ouncil or if any other servant of the $ouncil does any worD for 2[the "tate *overnment!, the 2["tate *overnment! shall contribute to the municipal fund so much of the salary of such servant as the 2["tate *overnment! may consider to be an eHuivalent for such worD. [F/G 'o *overnment servant employed by a 7unicipal $ouncil shall be dismissed or removed from such employment FaG in case he is employed as a medical officer, without the consent of the E["tate! *overnmentN and FbG in any other case, without the consent of the :["tate! *overnment or until three monthsE notice in writing to that effect shall have been given to the chief controlling authority of the branch of the *overnment service to which the *overnment servant belongs.!
F:G 'o *overnment servant employed by a 7unicipal $ouncil shall, e.cept in cases of emergency, be withdrawn from the service of the $ouncil without the consent of the 7unicipal $ouncil, unless and until the 2["tate *overnment! shall have given three monthsE notice in writing to that effect to the 7unicipal $ouncil or unless some other *overnment servant has been deputed to replace the one withdrawn. F:G *overnment servants employed by 7unicipal $ouncils shall be entitled to leave
/

and other privileges in accordance with the regulations applicable to the department of the general administration to which they belong. @--#A% Pr8<i5cialisa4i85 89 a5= class 89 m15ici7al 899icers 8r ser<a54s %3 F G 'otwithstanding anything contained in this )ct, the /["tate *overnment! may, by notification, constitute any class of officers or servants of 7unicipal $ouncils into a municipal service for the =["tate of Tamil 'adu! 5
<

PPPPPPPPPPPPPPPPPPPPPPPPP . This word was substituted for the word Q$rownQ by the )daptation &rder of 4/1. 2. The words Qthe (rovincial *overnmentQ were substituted for the word Q*overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. /. This sub-section was substituted for the original sub-section F/G by "ection 2 of the Tamil 'adu 0istrict 7unicipalities and 9ocal 2oards F)mendmentG )ct, 4:2 FTamil 'adu )ct @%% of 4:2G, which came into force with retrospective effect from 2 st 7arch 4: and was reenacted permanently by "ection 2 of, and the First "chedule to, the Tamil 'adu ,e-enacting and ,epealing F'o, %G )ct, 4:3 FTamil 'adu )ct ?%% of 4:3G. :. This word was substituted for the word Q(rovincialQ by the )daptation &rder of 4<0. <. This section was added by "ection <3 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. =. This e.pression was substituted for the e.pression Q(residency of 7adrasQ by the Tamil 'adu )daptation of 9aws &rder, 410, which was deemed to have come into force on the :th 6anuary 4=4.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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(rovided that no notification shall be issued under this sub-section O


FiG unless all the 7unicipal $ouncils constituted under this )ct have been consulted in respect thereof, and

unless a maJority of the $ouncils so consulted have passed a resolution supporting such issue.
FiG

F2G >pon the issue of a notification under sub-section F G, the ["tate *overnment! shall have power, 2[subJect to the provisions of "ection /0:!, to maDe rules to regulate the classification, methods of recruitment, conditions of service, pay and allowances and discipline and conduct of the municipal service thereby constituted and such rules may vest Jurisdiction in relation to such service in the ["tate *overnment! or in such other authority or authorities as may be prescribed therein.! @--#AA% Teac?ers (i5cl10i5; ?ea0mas4ers" a50 84?er 7ers85s em7l8=e0 i5 c855ec4i85 Ai4? 4?e M15ici7al sc?88ls 48 2e &8<er5me54 ser<a54s %3 F G 'otwithstanding anything contained in this )ct, or in any other law for the time being in force, on and from the st 6une 43=,
FaG all teachers Fincluding headmastersG, and FbG all officers and servants of the 7unicipal $ouncils,
'

employed in connection with the municipal schools shall become whole-time *overnment servants. F2G 'otwithstanding anything contained in this )ct and subJect to the provisions of )rticle / of the $onstitution, the "tate *overnment may maDe rules regulating the conditions of service of the teachers Fincluding headmastersG and other persons referred to in sub-section F G.! @--#)% Ma5a;eme54 89 cer4ai5 m15ici7al c8lle;es a50 a778i54me54 89 s4a99, e4c%, 4?ere48 %3 'otwithstanding anything contained in this )ct, where a college maintained by a 7unicipal $ouncil is affiliated to a >niversity, the management of the college shall, if the laws of the >niversity so reHuire, vest
*

PPPPPPPPPPPPPPPPPPPPPPPPP The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder-of 4<0. 2 This e.pression was substituted for the e.pression QsubJect to the provisions of "ection /0<)Q by "ection 2 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 412 FTamil 'adu )ct < of 41/G. / "ection 11-)) was %nserted by Tamil 'adu )ct =< of 43= with effect from st 6une 43=. : This section was inserted by "ection 2 of the Tamil 'adu 0istrict 7unicipalities F"econd )mendmentG )ct, 4:: FTamil 'adu )ct @%@ of 4::G, re-enacted permanently by "ection 2 of, and the First "chedule to, the Tamil 'adu ,e-enacting F'o. %%G )ct, 4:3 FTamil 'adu )ct ?%%% of 4:3G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

112

in a governing body constituted in accordance with such laws and such governing body shall e.ercise in relation to the members of the teaching staff and the establishment of the college all powers of appointment, control and punishment which by or under the )ct vest in the committee referred to in "ection 1/ or in the #.ecutive )uthority.!

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

11'

PART III $+)(T#, ?% T)@)T%&' )'0 F%')'$# -.% E51mera4i85 89 8r0i5ar= 4a6es a50 78Aers 89 c854r8l 89 S4a4e &8<er5me54 %3 F G #very 7unicipal $ouncil may levy FaG a property ta. N [FbG! a profession ta. N [FcG! a ta. on carriages and animals N [FdG! a ta. on cars. [FddG a ta. on advertisements other than advertisements published in the news papers and advertisements broadcast by radio or television.! / [FeG CCC!
2

F2G ) hill station 7unicipal $ouncil may also levy a ta. on servants. F2G )ny resolution of a 7unicipal $ouncil determining to levy a ta. :[CCC! shall specify

the rate at which any such ta. :[CCC! shall be levied and the date from which it shall be levied 5 (rovided that before <[passing! a resolution imposing a ta. :[CCC! for the first time or increasing the rate of an e.isting ta. :[CCC!, the $ouncil =[shall

PPPPPPPPPPPPPPPPPPPPPPPPP . $lause *%+ was omitted and clauses *8+ to *9+ were re-lettered as *%+ to FeG, respectively, by "ection <4 *i+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. %nserted by the Tamil 'adu 7unicipal 9aws F)mendmentG )ct, 443 FTamil 'adu )ct < of 443G. /. This clause was omitted by "chedule %to the Tamil 'adu 7otor ?ehicles Ta.ation )ct, 4/ FTamil 'adu )ct %%% of 4/ G :. The words Qor tollQ were omitted by the Tamil 'adu 7otor ?ehicles Ta.ation )ct, 4/ FTamil 'adu )ct %%% of 4/ G. <. This word was substituted for the words Qcarrying into effectQ by "ection <4 *ii+ *1+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. =. These words were substituted by "ection 2 *i+ of the Tamil 'adu 0istrict 7unicipalities and 9ocal 2oards F"econd )mendmentG )ct, 4:: FTamil 'adu )ct @?%%% of 4::G, reenacted permanently by "ection 2 of, and the First "chedule to, the Tamil 'adu ,eenacting and ,epealing F'o. G )ct, 4:3 FTamil 'adu )ct ?%% of 4:3G, for the words Qshall publish a notice in the di347i84 >1H&44& and at least one vernacular newspaper of its intention,Q which were inserted by "ection <4FiiGFbG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G..

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

11*

publish a notice in at least one vernacular newspaper, on the notice board of the municipal office and in such other places within municipal limits as may be specified by the $ouncil and by beat of drum, of its intention!, fi. a reasonable period not being less than one month for submission of obJections and consider the obJections, if any, received within the period specified 5 (rovided also that any resolution abolishing an e.isting ta. [CCC! or reducing the rate at which a ta. [CCC! is levied shall be immediately reported to the 2["tate *overnment! and in 7unicipalities which have an outstanding loan either from the *overnment or from the public or any other local body, such abolition or reduction shall not be carried into effect without the sanction of the 2["tate *overnment! 5 [(rovided also that, where any resolution under this section has taDen effect for a particular year, no proposals to alter the rates or date fi.ed in such resolution so far as that year is concerned shall be taDen into consideration by the $ouncil.! @-.-). D14= 85 4ra5s9ers 89 7r87er4= .O%n every 7unicipality, a duty shall be levied on certain transfers of property in accordance with the provisions hereinafter contained in this )ct.! -9% S7ecial 4a6a4i85 %3 With the previous sanction of the 2["tate *overnment! and the < [$entral *overnment!=[FaGCCC! *%+ a ta. on persons 1[travelling by railway from any station notified under "ection = in or near the 7unicipality! may be levied by the $ouncil of any 7unicipality which is resorted to by pilgrims5 [(rovided that no portion of the proceeds of any ta. levied under clause *%+ shall be e.pended for purposes other than maDing arrangements for the health and comfort of the pilgrims or the improvement or development of the municipal area.! PPPPPPPPPPPPPPPPPPPPPPPPP . The words Qor tollQ were omitted by the Tamil 'adu 7otor ?ehicles Ta.ation )ct, 4/ FTamil 'adu )ct %%% of 4/ G. 2. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for the word Q(rovincialQ by the )daptation &rder of 4<0. /. This proviso was added by "ection <4 FivG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. :. This section was inserted by "ection 2 FiG of the Tamil 'adu 0istrict 7unicipalities and 9ocal 2oards F)mendmentG )ct, 4:< FTamil 'adu )ct @@ of 4:<G, re-enacted permanently by "ection 2 of, and the First "chedule to, the Tamil 'adu ,e-enacting and ,epealing F'o. %G )ct, 4:3 FTamil 'adu )ct ?%% of 4:3G. <. These words were substituted for the words Q*overnor-*eneral in $ouncilQ by the )daptation &rder of 4/1. =. $lause *1+ was omitted %G i%id( 1. These words were substituted for the words Qentering or leaving the 7unicipality by railwayQ by "ection =0 *ii+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 3. This proviso was added by "ection =0 *iii+' i%id(
3 : /

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

11+

.0% N84i9ica4i85 89 5eA 4a6es %3 When a 7unicipal $ouncil shall have determined

subJect to the provisions of "ections 13 and 14 to levy any ta. [CCC! for the first time or at a new rate, the 2[#.ecutive )uthority! shall forthwith publish a notification in the di347i84 >1H&44& and by beat of drum specifying the rate at which, % /Fthe date from which and the period of levy, if any, for which such ta. :[CCC! shall be levied.! / @.0#A% Sa<i5; 98r cer4ai5 7r8<isi85s 89 4?e C85s4i414i85 .O'othing in this (art of this )ct shall authorise a 7unicipal $ouncil to levy any ta. which the % =["tate! = 9egislature has no power to impose in the 1["tate! under 3[the $onstitution!3 (rovided that a 7unicipal $ouncil which immediately before the commencement of 4[the $onstitution! was lawfully levying any such ta. under this (art of this )ct as then in force, may continue to levy that ta. until provision to the contrary is made by 0F(arliament by lawG!. THE PR PERT$ TA/ resolution determines that a property ta. shall be levied, such ta. shall be levied on all buildings and lands within municipal limits save those e.empted by or under this )ct or any other law. The property ta. may comprise
FaG a ta. for general purposes N FbG a C [water and! drainage ta. to provide for e.penses connected with the construction, maintenance, repair, e.tension or improvement of C[water or! drainage worDs heretofore provided or hereafter to be provided N .1% Descri74i85 a50 classes 89 7r87er4= 4a6 %3 11@(1" %f the $ouncil by
<

PPPPPPPPPPPPPPPPPPPPPPPPP The words Qor tollQ were omitted by "chedule % to the Tamil 'adu 7otor ?ehicles Ta.ation )ct, 4/ FTamil 'adu )ct %%% of 4/ G. 2 These words were substituted for the word Q$hairmanQ by "ection 1F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. / These words were substituted for the words Qthe ta. or toll will be levied from a day to be specified in the notificationQ by "ection = of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. : The words Qor tollQ were omitted by "chedule % to the Tamil 'adu 7otor ?ehicles Ta.ation )ct, 4/ FTamil 'adu )ct %%% of 4/ G. < "ection 30-) was section was inserted by the )daptation &rder of 4/1. = This word was substituted for the word Q(rovincialQ by the )daptation &rder of 4<0. 1 This word was substituted for the word Q(rovinceQ by i%id( 3 These words were substituted for the words Qthe *overnment of %ndia )ct, 4/<Q by the )daptation F)mendmentG &rder of 4<0. 4 These words were substituted for the words Q(art %%% of the said )ctQ by i%id( 0 These words were substituted for the words, Qthe $entral 9egislatureQ by the )daptation F)mendmentG &rder of 4/0. This sub-section was substituted for the original sub-section by "ection =2 *i+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. C &mitted in respect of $hennai 7etropolitan )rea by Tamil 'adu )ct 23 of 413.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

11,

FcG a lighting ta. to provide for e.penses connected with the lighting of the

7unicipality by gas or electricityN FcG a scavenging ta. to provide for e.penses connected with the removal of rubbish, filth or the carcasses of animals from private premises N and FdG a railway ta. to be used solely for or to further the construction and maintenance of railways5 (rovided that where the C[water and! drainage ta. is levied, the 7unicipal $ouncil shall declare what proportion of the ta. is levied in respect of C[waterworDs and the remainder shall be deemed to be levied in respect of! drainage worDs and the proportion so declared shall also be specified in the notification published under "ection 30 5 (rovided further that the railway ta. shall not be levied unless its levy is determined by a resolution of the 7unicipal $ouncil supported by not less than three-fourth of the members present at a meeting specially convened in that behalf, such resolution being confirmed after a period of si. months by a liDe maJority at a liDe meeting and sanctioned by the EF"tate *overnmentG!. [F2G "ave as otherwise provided in this )ct, these ta.es shall be levied at such percentages of the annual value of buildings, or lands which are occupied by, or adJacent and appurtenant to, buildings or both, as may be fi.ed by the 7unicipal $ouncil, subJect to the provisions of "ection 13 N! [F/G FaG :["ave as otherwise provided in clause FbG, the 7unicipal $ouncil shall, in the case of lands! which are not used e.clusively for agricultural purposes and are not occupied by, or adJacent and appurtenant to, buildings, <[levy property ta. on such lands at such rate as it may fi., having regard to its location and subJect to the minimum and ma.imum rates per sHuare feet as may be prescribed by the "tate *overnment.S,!< PPPPPPPPPPPPPPPPPPPPPPPPP C &mitted in respect of $hennai 7etropolitan )rea by Tamil 'adu )ct of 23 of 413. . The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. 2. This sub-section was substituted by "ection 2 FiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4<< FTamil 'adu )ct @@ of 4<<G, for the original sub-section as amended by "ection I/ *ii+ FaG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. /. "ub-section F/G which was inserted by "ection =2 *iii+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G, was lettered as subsection F/G FaG by "ection 2 FiG of the Tamil 'adu 0istrict 7unicipalities F"econd )mendmentG )ct, 4:= FTamil 'adu )ct ?% of 4:=G, re-enacted permanently by "ection 2 of, and the First "chedule to, the Tamil 'adu ,e-enacting and ,epealing F'o. %G )ct, 4:3 FTamil 'adu )ct ?%% of 4:3G. :. This e.pression was substituted for the words QThe 7unicipal $ouncil may, in the case of landsQ by i%id( <. "ubstituted by Tamil 'adu )ct < of 2004
/ 2

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

11-

[FbG %n the case of railway lands which are not used e.clusively for agricultural purposes and are not occupied by, or adJacent and appurtenant to, buildings, the 7unicipal $ouncil shall levy these ta.es on the annual value of such lands, and the 2["tate! *overnment shall have power to maDe rules regarding the manner in which, the person or persons by whom and the intervals at which, the annual value of such lands shall be estimated or revised, and they may also by such rules, restrict or modify the application of the provisions contained in "chedule %? to such lands.! [F:G :[FaG! The 7unicipal $ouncil shall, in the case of lands used e.clusively for agricultural purposes, levy these ta.es at such proportions as it may fi., of the annual value of such lands as calculated in accordance with the provisions of "ection 14 of the <[Tamil 'adu! 0istrict 2oards )ct, 420 F<[Tamil 'adu! )ct @%? of 420GC 5 (rovided that the proportion shall not e.ceed the ma.imum, if any, fi.ed by the "tate *overnment. *%+ %f such lands be occupied by tenants, the 7unicipal $ouncil shall levy the ta.es in eHual shares, from the landholder and the tenant respectively.! @.1#A% Le<= 89 7r87er4= 4a6 85 a 0irec4i85 2= &8<er5me54 %3(1" The 2["tate! *overnment may, by order published in the &fficial *azette, direct any 7unicipal $ouncil to levy the property ta. referred to in sub-section F G of "ection 13 or any class of such ta., at such rate and with effect from such date Fnot being earlier than the first day of the half-year immediately following that in which the order is publishedG as may be specified in the order. F2G When an order under sub-section F G has been published, the provisions of this )ct relating to property ta. shall apply as if the 7unicipal $ouncil had on the date of publication of such order by resolution determined to levy the ta.
= /

PPPPPPPPPPPPPPPPPPPPPPPPP This clause was added by "ection 2 *ii+ of the Tamil 'adu 0istrict 7unicipalities F"econd )mendmentG )ct, 4:= FTamil 'adu )ct ?% of 4:=G re-enacted permanently by "ection 2 of and the First "chedule to, the Tamil 'adu ,e-enacting and ,epealing F'o. %G )ct, 4:3 FTamil 'adu )ct ?%% of 4:3G. 2 This word was substituted for the word Q(rovincialQ by the )daptation &rder of 4<0. / This sub-section was inserted by "ection =2 *iii+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. : This clause was substituted for clause *1+ by "ection 2 *ii+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4<<E FTamil 'adu )ct @@ of 4<<G. < These words were substituted for the word Q7adrasQ by the Tamil 'adu )daptation of 9aws &rder, 4=4, as amended by the Tamil 'adu )daptation of 9aws F"econd )mendmentG &rder, 4=4, which came into force on the :th 6anuary 4=4. = "ection 3 -) was inserted by "ection 2 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4:: FTamil 'adu )ct ?%%% of 4::G, re-enacted permanently by "ection 2 of, and the First "chedule to, the Tamil 'adu ,e-enacting and ,epealing F'o. %G )ct, 4:3 FTamil 'adu )ct ?%% of 4:3G. C This )ct was repealed by the Tamil 'adu (anchayat )ct, 44: FTamil 'adu )ct 2 of 44:.G

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

11.

at the rate and with effect from the date specified in the order and as if no other resolution of the $ouncil under "ection 13 determining the rate at which and the date from which property ta. shall be levied had taDen effect. F/G ) 7unicipal $ouncil shall not alter the rate at which the property ta. or any class of such ta. is levied in pursuance of an order under sub-section F G or abolish such ta. e.cept with the previous sanction of the ["tate! *overnment.! .2% Me4?80 89 assessme54 89 7r87er4= %3 F G #very 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. F2G The annual value of lands and buildings shall be deemed to be the gross annual rent at which they may reasonably be e.pected to let from month to month or from year to year 2 [less a deduction in the case of buildings, of ten per cent of that portion of such annual rent which is attributable to the buildings alone, apart from their sites and adJacent lands occupied as an appurtenance theretoN! and the said deduction shall be in lieu of all allowances for repairs or on any other account whatever5 (rovided that O / [FaG in the case of
FiG any *overnment or railway buildingN! or

any building of a class not ordinarily let the gross annual rent of which cannot, in the opinion of the :[#.ecutive )uthority!, be estimated,
FiG

the annual value of the premises shall be deemed to be si. per cent of the total of the estimated value of the land and the estimated present cost of erecting the building after deducting for depreciation a reasonable amount which shall in no case be less than ten per centum of such costN <[CCC!.

PPPPPPPPPPPPPPPPPPPPPPPPP . This word was substituted for the word Q(rovincialQ by the )daptation &rder of 4<0. 2. These words were substituted for the words Qless a deduction in the case of buildings only, of ten per centum of such annual rentQ by "ection / F G of the $hennai $ity 7unicipal and 0istrict 7unicipalities F)mendmentG )ct, 4:: FTamil 'adu )ct %%% of 4::G, re-enacted permanently by "ection 2 of, and the First "chedule to, the Tamil 'adu ,e-enacting and ,epealing F'o. G )ct, 4:3 FTamil 'adu )ct ?%% of 4:3G. This amendment should be deemed to have taDen effect from the commencement of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0 which originally amended this sub-section by inserting the words Qin the case of buildings onlyQ. /. This clause was substituted for the original clause *1+ in the proviso by "ection IJ *ii+ *1+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. :. These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. <. The word QandQ was omitted by "ection / *1+ *i+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 41: FTamil 'adu )ct 2 of 41:G.

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[FaaG in the case of any building in any industrial estate wherein essential amenities including water-supply, drainage and lighting are not provided by the 7unicipality but provided by the %ndustries 0epartment of the "tate *overnment or by any other authority under the control of the "tate *overnment, the annual value of such building shall be deemed to be four per cent of its capital value 5 (rovided that if any Huestion arises whether for the purposes of this clause, essential amenities are provided by the %ndustries 0epartment or other authority, it shall be decided by such authority as may be prescribed. E,KD1214io2 (BFo7 the purposes of this clause, Eindustrial estateE means any area selected and developed by the "tate *overnment or developed by any other authority under the control of the "tate *overnment and where any industry or a class of industry are accommodated N and! *%+ machinery 2[and furniture! shall be e.cluded from valuations under this section5 [F/G The :["tate! *overnment shall have power to maDe 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 *1+ or clause *11+ of the proviso to sub-section F2G! applies, and they may, by such rules, restrict or modify the application of the provisions contained in "chedule %? to such case or class of cases.! .'% &e5eral e6em74i85s %3 <[F G! The following buildings and lands shall be e.empt from the property ta. 5---*1+ places set apart for public worship and either actually so used or used for no other purposes N *%+ choultries for the occupation of which no rent is charged and PPPPPPPPPPPPPPPPPPPPPPPPP This clause was inserted by "ection 2 *1+ *ii+' i%id( 2 These words were inserted by "ection =/ *ii+ *%+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. / This sub-section was added by "ection / of the $hennai $ity 7unicipal and 0istrict 7unicipalities F"econd )mendmentG )ct, 4:2, re-enacted permanently by "ection 2 of, and the. First "chedule to, the Tamil 'adu ,e-enacting and ,epealing F'o. %G )ct,, 4:3 FTamil 'adu )ct ?%% of 4:3G. : This word was substituted for the word Q(rovincialQ by the )daptation &rder of 4<0. < This e.pression was substituted for the e.pression Qclause *1+ of the proviso to subsection F2GQ by "ection 2 FbG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 41: FTamil 'adu )ct 2 of 41:G. = "ection 3/ was re-numbered as sub-section F G of "ection 3/ by "ection =: F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 1 These clauses were substituted for the original clauses *1+ and *%+ and clauses FcG, *d+ and *&+ were re-lettered as clauses FgG, *5+ and *i+ respectively by "ection / *ii+ F G of the $hennai $ity 7unicipal 0istrict 7unicipalities and 9ocal 2oards F)mendmentG )ct, 4/4 FTamil 'adu )ct @@% of 4/4G.
F /

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choultries the rent charged for the occupation of which is used e.clusively for charitable purposes N [buildings used for educational purpose including hostels attached thereto, public buildings and places used for the charitable purpose! of sheltering the destitute or animals, and libraries and playgrounds which are open to the public N
FdG such ancient monuments protected under the )ncient 7onuments (reservation FcG [CCC!
2

)ct, 40: F$entral )ct ?%% of 40:G, or parts thereof as are not used as residential Huarters, or as public offices N
FeG charitable hospitals and dispensariesN

such hospitals and dispensaries maintained by railway administrations as may, from time to time, be notified by the /["tate! *overnmentN!
FcG

[ FgG burial and burning grounds included in the booD Dept at the municipal office under "ection 23 N! *5+ buildings or lands belonging to the 7unicipal $ouncilN [ FiG! any irrigation worD vesting in the 1[*overnment! including the bed of a watercourse, or any building or land adJacent and appertaining to such irrigation worDN 1 [*overnment! lands set apart free for recreation purposes N and all such other 1[*overnment! property Fbeing neither buildings nor land from which in the opinion of the /["tate! *overnment any income could be derivedG as may, from time to time, be notified by the / ["tate! *overnment5! [(rovided that nothing contained in clauses FaG, FcG and FeG shall be deemed to e.empt from property ta. any building or land for which rent is payable by the person or persons using the same for the purposes referred to in the said clauses.!
3 = <

: <

PPPPPPPPPPPPPPPPPPPPPPPPP . The words Qbuildings used for education purposes, including hostelsQ were omitted by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 440 FTamil 'adu )ct 1 of 440G. 2. "ubstituted by the Tamil 'adu 7unicipal 9aws F)mendmentG )ct 44: FTamil 'adu )ct :2 of 44:G w.e.f. 3th &ctober 440. /. This word was substituted for the word Q(rovincialQ by the )daptation &rder of 4<0. :. This clauses was substituted for the original clause by "ection =: F G FiiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. <. $lauses FcG, *d+ and FeG were re-lettered as clauses FgG, FhG and *i+ respectively by "ection J *ii+ *1+ of the $hennai $ity 7unicipal, 0istrict 7unicipalities and 9ocal 2oards F)mendmentG )ct, 4/4 FTamil 'adu )ct @@% of 4/4G. =. This clause was substituted for the original clause FeG by "ection 2 FiiG of the Tamil 'adu 0istrict 7unicipalities and 9ocal 2oards F)mendmentG )ct, 4/4 FTamil 'adu )ct @% of 4/4G. 1. This word was substituted for the word Q$rownQ by the )daptation &rder of 4<0. 3. This proviso was inserted by "ection J *ii+ F2G of the $hennai $ity 7unicipal, 0istrict 7unicipalities and 9ocal 2oards F)mendmentG )ct, 4/4 FTamil 'adu )ct @@% of 4/4G.

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-E,KD1214io2 (B The e.emption granted under this section shall not e.tend to residential Huarters attached to schools and colleges not being hostels or to residential Huarters attached to hospitals, dispensaries and libraries.! [F2G The C[water and! drainage ta. shall not be levied on any land used e.clusively for agricultural purposes and not deriving any benefit from the C[water or! drainage worDs on account of which the ta. is imposed.
F/G The 7unicipal $ouncil may, with the previous sanction of the /["tate *overnment!,
2

e.empt any particular part of a 7unicipality from the payment of the whole or a portion of the C [water and! drainage ta. or of the lighting ta. on the ground that such area is not deriving full benefit from the C[water-supply and! drainage or from the lighting system.
F:G The 7unicipal $ouncil may e.empt any building or land from the whole or any

portion of the scavenging ta. if it is satisfied that the owner or occupier has made efficient arrangements for the daily removal therefrom of rubbish, filth and carcasses of animals.
F/G The 7unicipal $ouncil may by a general resolution, e.empt any building or land from the property ta. FiG if the annual value of the same does not e.ceed a sum specified in the said

resolution, such sum not being greater than :[one hundred and eighty rupees! N and the proprietor does not own any other building or land assessed to the property ta. and is not liable to profession or income-ta..!
FiG

@.*% Ta6a4i85 48 2e 15i98rm %3 F G The rate of any class of property ta. on lands when levied on their annual value =[under "ection 3 , sub-section F2G! may be lower than the rate of the same class of property ta. on buildings but either rate shall be uniform throughout the municipal area on all buildings or on all lands liable to be ta.ed on their annual value, as the case may be 5

<

PPPPPPPPPPPPPPPPPPPPPPPPP This E,KD1214io2 was inserted by "ection =: F G FivG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2 "ub-section F2G to F<G were added by "ection =:EF2G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. / The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. : "ubstituted for the words Qeighteen rupeesQ by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 440 FTamil 'adu )ct 1 of 440G. < This section was substituted for the original section by "ection =< of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. = These words, figures and bracDets were inserted by "ection / of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4<< FTamil 'adu )ct @@ of 4<<G, C &mitted in respect of $hennai 7etropolitan )reas only F"ee "chedule to Tamil 'adu )ct 23 of 413.

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(rovided that the aggregate property ta. leviable in the case of lighthouses, piers, wharves, Jetties and passenger sheds, latrines, cart-stands, retiring rooms and platforms belonging to a railway administration shall not e.ceed : per cent of their annual value. F2G The rate of any class of property ta. shall be uniform throughout the municipal area on all lands liable to be ta.ed on their capital value.! .+% Pr87er4= 4a6 a 9irs4 c?ar;e 85 7r87er4= %# The property ta. on buildings and lands shall, subJect to the prior payment of land revenue, if any, due to the *overnment thereon, be a first charge upon the said buildings or lands and upon the movable property, if any, found within or upon the same and belonging to the person liable to such ta.. [3=. Pr87er4= 4a6 A?e5 7a=a2le .OThe property ta. shall be levied every half-year and shall, save as otherwise e.pressly provided in "chedule %?, be paid by the owner of the assessed premises within thirty days after the commencement of the half-year.! @.-% Vaca5c= remissi85 %3 F G When any building whether ordinarily let or occupied by the owner himself has been vacant and unlet for thirty or more consecutive days in any halfyear, the /[#.ecutive )uthority! shall remit so much, not e.ceeding one-half of such portion of the ta. as relates to the building only as is proportionate to the number of days during which the building was vacant and unlet in the half-year. F2G #very demand for remission under sub-section F G shall be made during the halfyear in respect of which the remission is sought or in the following half-year and not afterwards. [F/G FaG 'o demand for such remission shall be entertained unless the owner of the building or his agent has previously thereto delivered notice to the #.ecutive )uthority O
FiG that the building is vacant and unletN or
: 2

that the building will be vacant and unlet from a specified date either in the halfyear in which notice is delivered or in the succeeding half-year.
FiG

PPPPPPPPPPPPPPPPPPPPPPPPP . This section was substituted for the original section by "ection == of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. This section was substituted for the original section by "ection =1, i%id( /. These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. :. This sub-section was substituted for the original sub-section F/G by "ection = of the Tamil 'adu 0istrict 7unicipalities F"econd )mendmentG )ct, 4/: FTamil 'adu )ct %? of 4/<G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

12'

*%+ The period in respect of which the remission is made shall be calculated O
FiG if remission is sought in respect of the half-year in which notice is delivered from

the date of delivery of the notice or from the date on which the building became vacant and unlet, whichever is later N and
FiG if remission is sought in respect of the half-year succeeding that in which the notice is delivered, from the commencement of the half--Aear in respect of which remission is sought or from the date on which the building became vacant and unlet, whichever is later.

*8+ #very notice under clause *1+ shall e.pire with the half-year succeeding that during which it is so delivered, and shall have no effect thereafter.! ..% 2li;a4i85 89 4ra5s9er8r a50 4ra5s9eree 48 ;i<e 584ice 89 4ra5s9er% F G Whenever the title of any person primarily liable to the payment of property ta. on any premises to or over such premises is transferred, the person whose title is transferred and the person to whom the same shall be transferred shall, within three months after the e.ecution of the instrument of transfer or after its registration if it be registered or after the transfer is effected, if no instrument be e.ecuted, give notice of such transfer to the [#.ecutive )uthority.!
F2G %n the event of the death of any person primarily liable as aforesaid, the person to whom the title of the deceased shall be transferred, as heir or otherwise shall give written notice of such transfer to the [#.ecutive )uthority! within one year from the death of the deceased. F/G The notice to be given under this section shall be in such form as the [#.ecutive )uthority! may direct and the transferee or the person to whom the title passes, as the case may be, shall, if so reHuired, be bound to produce before the #.ecutive )uthority! any documents evidencing the transfer or succession. F:G #very person who maDes a transfer as aforesaid without giving such notice to theE

[#.ecutive )uthority! shall, in addition to any other liability which he incurs through such neglect, continue liable for the payment of property ta. assessed on the premises transferred until he gives notice or until the transfer shall have been recorded in the municipal registers but nothing in this section shall be held to affect O
FaG the liability of the transferee for the payment of the said ta. N or FbG the prior claim of the 7unicipal $ouncil under "ection 3<.

PPPPPPPPPPPPPPPPPPPPPPPPP These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

12*

[34. A5er:s 82li;a4i85 48 ;i<e 584ice 89 c85s4r1c4i85, re#c85s4r1c4i85 8r 0em8li4i85 89 21il0i5; %3 F G FaG %f any building in a 7unicipality is constructed or re-constructed, the owner shall give notice thereof to the 2[#.ecutive )uthority! within fifteen days from the date of completion or occupation of the building, whichever is earlier.
FbG %f such date falls within the last two months of a half-year, the owner shall,

subJect to notice being given under clause FaG, be entitled to a remission of the whole of the ta. or enhanced ta., as the case may be, payable in respect of the building only for that halfyear.
FbG %f such date falls within the first four months of a half-year, the owner shall, subJect to notice being given under clause FaG, be entitled to a remission of so much not e.ceeding a half of the ta. or enhanced ta., as the case may be, payable in respect of the building only, for that half-year, as is proportionate to the number of days in that half-year preceding such date.

F2G FaG %f any building in a 7unicipality is demolished or destroyed, the owner shall, until notice thereof is given to the 2[#.ecutive )uthority! be liable for the payment of the property ta. which would have been leviable had the building not been demolished or destroyed.
FbG %f such notice is given within the first two months of a half-year, the owner shall be entitled to a remission of the whole of the ta. payable in respect of the building only for that half-year. FcG %f such notice is given within the last four months of a half-year, the owner shall be entitled to a remission of so much not e.ceeding a half of the ta. payable in respect of the building only for that half-year as is proportionate to the number of days in that /[half-year succeeding the demolitionG! or destruction, as the case may be.!

@90% Remissi85 89 4a6 i5 areas i5cl10e0 8r e6cl10e0 i5 4?e mi00le 89 a ?al9 -=ear%3 F G %f any area is included within a 7unicipality, the owner of every building or land in such area shall O FaG if the date of such inclusion falls within the last two months of a half-year, not be liable to pay any property ta. in respect thereof for that half-yearN N and

PPPPPPPPPPPPPPPPPPPPPPPPP "ections 34 and 40 were substituted for the original "ections 34 and 40 by "ection =3 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2 These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. / These words were substituted for the words Qhalf-year preceding the demolitionQ by the "econd "chedule to the Tamil 'adu ,epealing and )mending )ct, 4/3 FTamil 'adu )ct @%%% of 4/3G. : "ections 34 and 40 were substituted for the original "ections 34 and 40 by "ection =3 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

12+

*%+ if such date falls within the first four months of a half-year, be entitled to a remission of so much not e.ceeding a half of the property ta. payable in respect thereof for that half-year, as is proportionate to the number of days in that half-year preceding such date. F2G %f any area is e.cluded from a 7unicipality, the owner of every building or land in such area shall be entitled O
FaG if the date of such e.clusion falls within the first two months of a half-year, to a remission of the whole of the property ta. payable in respect thereof for that half-year N and FbG if such date falls within the last four months of a half-year, to a remission of so

much not e.ceeding a half of the property ta. payable in respect thereof for that half-year, as is proportionate to the number of days in that [half-year succeeding such date.! F/G 'o remission shall be granted under sub-section F2G in respect of any building or land unless an application for such remission is made to the [#.ecutive )uthority! within three months from the date of the e.clusion of the area in which the building or land is situated.! 91% P8Aer 89 2@E6ec14i<e A14?8ri4=E 48 call 98r i598rma4i85 a50 48 e54er 1785 7remises F G For the purpose of assessing the property ta., the 2[#.ecutive )uthority! may, by notice, call on the owner or occupier of any land or building to furnish him, /[within thirty days after the service of the notice, where the notice is served upon the *overnment, a railway administration or a company and within seven days after such service in other cases,! with returns of the rent payable for the land or building, the cost of erecting the building and the measurements of the land :[and with such other information 13 the 2[#.ecutive )uthority! may reHuire,! and every owner and occupier on whom such notice is served shall be bound to comply with it and to maDe a true return to the best of his Dnowledge or belief. F2G For the purpose aforesaid, the [#.ecutive )uthority! may enter, inspect, survey and measure such building or land, after giving twenty-four hoursE notice to the owner or occupier.

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the words Qhalf-year preceding such dateQ by the "econd "chedule to the Tamil 'adu ,epealing and )mending )ct, 4/3 FTamil 'adu )ct @%%% of 4/3G. 2. These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. /. These words were substituted for the words Qwithin the weeD after the service of the noticeQ by "ection =4 *1+ of the Tamil 'adu )ct @ of 4/0G. :. These words were inserted by "ection =4 FbG, i%id(

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

12,

[CCC! [42.CCC! 9'#9-#A 2[omitted! TA+ ON CA$$IA&E# AND ANIMAL#


9.% &e5eral 7r8<isi85s re;ar0i5; 4a6 85 carria;es a50 a5imals .-/[F G %f the $ouncil by

a resolution determines that a ta. on carriages and animals shall be levied, the :[#.ecutive )uthority! shall levy the said ta. half-yearly on carriages and animals Dept <[or used! within the 7unicipality which are of the Dinds specified in "chedule %?.! F2G The rates of the ta. shall be determined by the $ouncil, provided always that they shall not e.ceed the ma.ima laid down in "chedule %?.
99% Lia2ili4= 48 4a6 acc8r0i5; 48 7eri80 98r A?ic? carria;e 8r a5imal ?as 2ee5 De74 % 3 F G #very person having possession, custody, or control of any ta.able carriage or animal shall be liable for the full half-yearly ta., if the carriage or animal has been Dept <[or used! = [CCC! within the 7unicipality for an aggregate period of not less than si.ty days in the halfyear. F2G %f such aggregate period e.ceeds fifteen days but is less than si.ty days, a moiety

only of the half-yearly ta. shall be leviable.


F/G %f such aggregate period does not e.ceed fifteen days, no ta. E[shall be leviable! for

the half-year.
F:G #very person having possession, custody or control of any ta.able carriage or animal within the 7unicipality shall, until the contrary is shown, be presumed to have Dept < [or used! the same within the 7unicipality for si.ty days in the half-year.

PPPPPPPPPPPPPPPPPPPPPPPPP . "ection 42 and the heading thereto were omitted by "ection 10 of the Tamil 'adu )ct @ of 4/0G. 2. "ections 4/ to 41-) under the heading Qprofession ta.Q were omitted by the Tamil 'adu Ta. on (rofessions, Trades, $alling and #mployments )ct, 442 FTamil 'adu )ct 2: of 442G with effect from st )pril 442. /. This sub-section was substituted for the original sub-section by "ection 1= of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. :. These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. <. These words were inserted by the Tamil 'adu 0istrict 7unicipalities FThird )mendmentG )ct, 4:2 FTamil 'adu )ct @@@?%%% of 4:2G, re-enacted permanently with specified modifications by "ection / of, and the "chedule to, the Tamil 'adu ,e-enacting F'o. %%%G )ct, 4:3 FTamil 'adu )ct %@ of 4:3G. =. The words Qor let out for hireQ were omitted by "ection 11 FiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 1. These words were substituted for the words Qis leviableQ by "ection FF *ii+' i%id(

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

12-

[F<G 'otwithstanding anything contained in sub-sections F G and F2G, no person shall be liable O
FaG to pay ta. to the 7unicipality during any half-year on account of any carriage or animal in respect of which the full ta. for the same half-year has already been paid to the 7unicipality by some other person N FaG to pay to the 7unicipality on account of any carriage or animal in respect of

which ta. has already been paid to any other 7unicipality or any local board 2 or $antonment 2oard, whether under this )ct, the $hennai $ity 7unicipal )ct, 4 4CF/[Tamil 'adu! )ct %? 4 4G, the /[Tamil 'adu! 9ocal 2oards )ct, 420 F/[Tamil 'adu! )ct @%? of 420G :[or the $antonments )ct, 42: F$entral )ct %% of 42:G <, more than the e.cess, if any, of the ta. payable in the 7unicipality in respect of such carriage or animal, over the ta. already paid to the other 7unicipality, the local boardE or $antonment 2oard, as the case may be.! 100% E6em74i85s %3 The carriage and animal ta. shall not be levied on O *1+ carriages and animals belonging to <[the *overnment! and used for military purposes N *%+ carriages and animals Dept solely for sale by carriage-maDers and dealers N *8+ carriages which have been under repair or standing at a carriage-maDerEs during the whole of the half-year. [FdG! animals which during the whole of the half-year have been Dept in any institution for the reception of infirm animals or which are certified by a veterinary surgeon to have been unfit for use during the whole of the half-year.
=

PPPPPPPPPPPPPPPPPPPPPPPPP . This sub-section was substituted for the original sub-section F<G by "ection 1 *ii+ of the Tamil 'adu 0istrict 7unicipalities FThird )mendmentG )ct, 4:2 FTamil 'adu )ct @@@?%%% of 4:2G, re-enacted permanently with specified modifications by "ection / of, and the "chedule to, the Tamil 'adu ,e-enacting F'o. %%%G )ct, 4:3 FTamil 'adu )ct %@ of 4:3G. 2. 'ow, 0istrict 2oard. /. These words were substituted for the word Q7adrasQ by the Tamil 'adu )daptation of 9aws &rder, 4=4, as amended by the Tamil 'adu )daptation of 9aws F"econd )mendmentG &rder, 4=4, which came into force on the :th 6anuary 4=4. :. 'ow, the Tamil 'adu 0istrict 2oards )ct, 420 FTamil 'adu )ct @%? of 420G FThis )ct was repealed by the Tamil 'adu (anchayats )ct, 44: FTamil 'adu )ct 2 of 44:G. <. This )ct has been repealed and re-enacted as the $antonment )ct, 200/. =. The words Qthe $rownQ were substituted for the words Qthe *overnmentQ by the )daptation &rder of 4/1 and the word Q*overnmentQ was substituted for Q$rownQ by the )daptation &rder of 4<0. 1. The original clauses *d+ and FeG were omitted and the original clause FfG was re-lettered 13 clause *d+ by "ection 3 *i+ of the Tamil 'adu 0istrict 7unicipalities FThird )mendmentG )ct, 4:2 FTamil 'adu )ct @@@?%%% of 4:2G, re-enacted permanently with specified modifications by "ection / of and the "chedule to, the Tamil 'adu ,e-enacting F'o. %%%G )ct, 4:3 FTamil 'adu )ct %@ of 4:3G. C The short title of this )ct has now been called as the $hennai $ity 7unicipal $orporation )ct, 4 4.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

12.

[CCC! 101% C8m78si4i85 %3 With the sanction of the $ouncil or in accordance with regulations framed by that body, the 2[#.ecutive )uthority! may compound, for any period not e.ceeding one year, with any livery-stable Deeper or other person Deeping carriages and animals for sale or hire, for a certain sum to be paid in Di&A of the carriage and animal ta.. 102% !8rms 48 2e se54 48 a50 re41r5e0 2= 4a6-7a=ers %3 F G The 2[#.ecutive )uthority! shall send to every person supposed to have become liable to the payment of the /[ta. on carriages and animals! a printed table to be filled up with such information respecting the carriages and animals Dept :[or used! by him as the 2[#.ecutive )uthority! considers necessary for the assessment of the ta.. F2G "uch, table shall be filled up with such information in writing, and signed and dated, and returned within one weeD of its receipt to the municipal office by the person to whom it has been sent. [F/G &n the e.piry of the period of one weeD referred to in sub-section F2G, the [#.ecutive )uthority! shall cause a notice to be served on such person reHuiring him to pay within fifteen days of the date of such service the sum for which, in the opinion of the 2 [#.ecutive )uthority!, such person is liable on account of the ta. on carriages and animals.!
2 <

10'% &ra54 89 lice5ce 85 7a=me54 89 4a6 %3 When any person pays the amount of ta. due in respect of any carriage or animal, the 2[#.ecutive )uthority! shall grant him a licence to Deep =[or use! such carriage or animal for the period to which the payment relates. PPPPPPPPPPPPPPPPPPPPPPPPP . The proviso was omitted by "ection 3 FiiG of the Tamil 'adu 0istrict 7unicipalities FThird )mendmentG )ct, 4:2 FTamil 'adu )ct @@@?%%% of 4:2G, re-enacted permanently with specified modifications by "ection / of, and the "chedule to, the Tamil 'adu ,e-enacting F'o. %%%G )ct, 4:3 FTamil 'adu )ct %@ of 4:3G. 2. These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. /. These words were substituted for the word Qcarriage or animal ta.Q by "ection 14 FiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. :. These words were inserted by "ection 4 of the Tamil 'adu 0istrict 7unicipalities FThird )mendmentG )ct, 4:2 FTamil 'adu )ct @@@?%%% of 4:2G, re-enacted permanently with specified modifications by "ection / of, and the "chedule to, the Tamil 'adu ,eenacting F'o. %%%G )ct, 4:3 FTamil 'adu )ct %@ of 4:3G. <. This sub-section was added by "ection 14 FiiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. =. These words were inserted by "ection 0 of the Tamil 'adu 0istrict 7unicipalities FThird )mendmentG )ct, 4:2 FTamil 'adu )ct @@@?%%% of 4:2G, re-enacted permanently with specified modifications by "ection / of, and the "chedule to, the Tamil 'adu ,e-enacting F'o. %%%G )ct, 4:3 FTamil 'adu )ct %@ of 4:3G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

129

10*% P8Aer 48 reC1ire 51m2ers 48 2e a99i6e0 48 2ic=cles, e4c%3(1" The [#.ecutive )uthority! may direct that a municipal number shall be affi.ed FaG to every carriage let out for hire within the 7unicipalityN and FaG to every bicycle and tricycle Dept 2[or used! within the 7unicipality

(rovided that no municipal number shall be reHuisite in the case of carriages to which a number must be affi.ed under the provisions of any special )ct. F2G The numbers affi.ed under sub-section F G shall be registered in the municipal office. TA+ ON CA$T# 10+% &e5eral 7r8<isi85s re;ar0i5; car4#4a6 %3 /[F G %f the $ouncil by a resolution determines that a ta. shall be levied on carts, the [#.ecutive )uthority! shall levy the said ta. half-yearly at the rate Fwhich shall not e.ceed four rupees per cart per half-yearG, fi.ed by the $ouncil and specified in the notification published under "ection 30 in pursuance of such resolution and from the date specified in such notification in respect of all carts Dept :[or used! within the 7unicipality.!
<

[F -)G. 'otwithstanding anything contained in sub-section F G, no person shall be


FaG to pay ta. to the 7unicipality during any half-year on account of any cart in .

liable respect of which the ta. for the same half-year has already been paid to the 7unicipality by some other personN or
FbG to pay to the 7unicipality on account of any cart in respect of which ta. has already been paid to any other 7unicipality or any local board=

PPPPPPPPPPPPPPPPPPPPPPPPP These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 2 These words were inserted by "ection of the Tamil 'adu 0istrict 7unicipalities FThird )mendmentG )ct, 4:2 FTamil 'adu )ct @@@?%%% of 4:2G, re-enacted permanently with specified modifications by "ection / of, and the "chedule to, the Tamil 'adu ,e-enacting F'o. %%%G )ct, 4:3 FTamil 'adu )ct %@ of 4:3G. / This sub-section was substituted for the original sub-section by "ection 30 FiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. : These words were inserted by "ection 2 FiG of the Tamil 'adu 0istrict 7unicipalities FThird )mendmentG )ct, 4:2 FTamil 'adu )ct @@@?%%% of 4:2G, re-enacted permanently with specified modifications by "ection / of, and the "chedule to, the Tamil 'adu ,e-enacting F'o. %%%G )ct, 4:3 FTamil 'adu )ct %@ of 4:3G. < This sub-section was inserted by "ection 2 FiiG of the Tamil 'adu 0istrict 7unicipalities FThird )mendmentG )ct, 4:2 FTamil 'adu )ct @@@?%%% of 4:2G, re-enacted permanently with specified modifications by "ection / of, and the "chedule to, the Tamil 'adu ,e-enacting F'o. %%%G )ct, 4:3 FTamil 'adu )ct %@ of 4:3G. = 'ow district board.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

1'0

or $antonment 2oard, whether under this )ct, the $hennai $ity 7unicipal )ct, 4 4C F [Tamil 'adu! )ct %? of 4 4G, the [Tamil 'adu! 9ocal 2oards )ct, 4202 F [Tamil 'adu! )ct @%? of 420G, or the $antonments )ct, 42: F$entral )ct %% of 42:G, more than the e.cess, if any, of the ta. payable in the 7unicipality in respect of such cart, over the ta. already paid to the other 7unicipality, the local boardE or the $antonment 2oard, as the case may be.!
F2G #very owner of any such cart shall register it once in every half-year in the

municipal office.
F/G The $ouncil may direct that a municipal number shall be affi.ed to every registered

cart.
F:G The :[#.ecutive )uthority! shall notify certain days in every half-year for the

registration and numbering of carts and the payment of the ta.. F2G )ll registrations made and numbers affi.ed under this section shall be entered in a booD to be Dept for the purpose at the municipal office.
F<G "uch booD shall be open to the inspection of any <[person who pays any ta. to the

7unicipality! at all reasonable times without charge.


F=G This section shall not apply to carts belonging to =[the *overnment! and used for

military purposes, or carts Dept solely for sale by cart-maDers and dealers. 10,% P8Aer 48 remi4 4a6 .--1[The ta. on carts shall not be levied on any cart which is shown to the satisfaction of the #.ecutive )uthority to have been Dept or used! 3[CCC! within the 7unicipality for an aggregate period not e.ceeding fifteen days in the half-year or to have been under repair or standing at a cart-maDerEs during the whole of the half-year.

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q7adrasQ by the Tamil 'adu )daptation of 9aws &rder, 4=4, as amended by the Tamil 'adu )daptation of 9aws F"econd )mendmentG &rder, 4=4, which came into force on the :th 6anuary 4=4. 2. 'ow, the Tamil 'adu 0istrict 2oard )ct, 420 FTamil 'adu )ct @%? of 420G. /. 'ow district board. :. These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. <. These words were substituted for the words Qta.-payerQ by "ection 30 FiiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, . 4/0 FTamil 'adu )ct @ of 4/0G. =. The words Qthe $rownQ were substituted for the words Qthe *overnmentQ by the )daptation &rder of 4/1 and the word Q*overnmentQ was substituted for Q$rownQ by the )daptation &rder of 4<0. 1. These words were substituted for the words QThe #.ecutive )uthority may remit any portion of the cart-ta. in respect of any cart which is shown to his satisfaction to have been DeptQ by "ection / of the Tamil 'adu 0istrict 7unicipalities FThird )mendmentG )ct, 4:2 FTamil 'adu )ct @@@?%%% of 4:2G, re-enacted permanently with specified modifications by "ection / of, and the "chedule to, the Tamil 'adu ,e-enacting F'o. %%%G )ct, 4:3 FTamil 'adu )ct %@ of 4:3G. 3. The words Qor let out for hireQ were omitted by "ection 3 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. C The short title of this )ct has now been amended as the $hennai $ity 7unicipal $orporation )ct, 4 4.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

1'1

-TAXES LEVIABLE UNDER SECTIONS 98 AND 10 =

@10,-A% Pre7a=me54 89 m15ici7al 4a6 c850i4i85 7rece0e54 48 re;is4ra4i85 150er @Tamil Na01E Ac4 V 89 1911%3 Where the 2[Tamil 'adu! +acDney $arriage )ct, 4 FE[Tamil 'adu! )ct ? of 4 G, is in force in any area of a 7unicipality, the person appointed to perform the functions of the $ommissioner under the said )ct in respect of such area shall, before registering any hacDney carriage thereunder, satisfy himself that the 7unicipal $ouncil 513 received payment of the ta., if any, due under "ection 43 or "ection 0<, as the case may be, on account of the last preceding half-year and the current half-year.!
2

PO!ERS TO SEI"E CARRIAGES AND CARTS NOT BEARING NUMBERS 10-% SeiM1re 89 <e?icles 584 2eari5; 51m2ers %3 F G %f a municipal number is not affi.ed to a carriage or cart in pursuance of a direction issued under "ection 0: or "ection 0<, as the case may be, the I[#.ecutive )uthority! may, at any time, seize and detain the vehicle and the animal, if any, by which it is drawn 5 (rovided that no vehicle other than a bicycle, tricycle :[CCC! or ricDshaw shall be seized or detained when actually employed in the conveyance of any passenger or goods. F2G %f the vehicle or animal seized be not claimed and the ta. due thereon paid within ten days from the date of seizure, the /[#.ecutive )uthority! may direct that the vehicle or animal shall be sold in public auction and the proceeds of the sale applied to the payment of O
FiG the ta., if any due, on the vehicle or animal soldN

such penalty not e.ceeding the amount of the ta. as the /[#.ecutive )uthority! may directN and
FiG FiG

a sum of one rupee on account of charges incurred in conne.ion with the seizure, detention and sale. F/G %f the owner of the vehicle or animal or other person entitled thereto claims the salve within ten days from the date of seizure or at any time before

PPPPPPPPPPPPPPPPPPPPPPPPP . This heading and "ection 0=-) were inserted by "ection 32 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. These words were substituted for the word Q7adrasQ by the Tamil 'adu )daptation of 9aws &rder, 4=4, as amended by the Tamil 'adu )daptation of 9aws F"econd )mendmentG &rder, 4=4, which came into force on the :th 6anuary 4=4. /. These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. :. The word Qmotor-bicycleQ was omitted by "chedule % to the Tamil 'adu 7otor ?ehicles Ta.ation )ct, 4/ FTamil 'adu )ct %%% of 4/ G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

1'2

the sale, it shall be returned to him on payment of


FiG the ta. due thereon N FiG such penalty not e.ceeding the amount of the ta. as the [#.ecutive )uthority!

may directN and


FiG a sum of eight annas on account of charges incurred in conne.ion with the seizure and detention.
,

-TA+ ON AD.E$TI#EMENT#/

10-#A% Ta6 85 a0<er4iseme54s %3 #very person who erects, e.hibits, fi.es or retains upon or over any land, building, wall, hoarding or structure any advertisement, or who displays any advertisement to public view in any manner whatsoever, in any place whether public or private shall pay on every advertisement, which is so erected, e.hibited, fi.ed, retained or displayed to public view, a ta. calculated at such rates having regard to the location, size, reach and nature of the advertisement and in such manner and subJect to such e.emptions as the 7unicipal $ouncil may, with the approval of the "tate *overnment, by resolution determine5 (rovided that the rates shall be subJect to the ma.ima and minima laid down by the "tate *overnment in this behalf and in any case such rate of ta. shall not e.ceed rupees five hundred per sHuare metre per half-year5 (rovided further that no ta. shall be levied under this section on any advertisement or a notice O FaG of a public meetingN or
FbG of an election to any legislative body or the 7unicipal $ouncil N or FcG of a candidature in respect of such an election5

(rovided also that no such ta. shall be levied on advertisement which is not a sDy-sign and which
FaG is e.hibited within the window of any buildingN or FaG relates to the trade or business carried on, within the land or building upon or over which such advertisement is e.hibited, or to any sale or letting of such land or building or to any effects therein, or to any sale, entertainment or meeting to be held upon or in the sameN or FbG relates to the name of the land or building upon or over which the

PPPPPPPPPPPPPPPPPPPPPPPPP . This heading F"ections 01-) to 01-FG was inserted by the Tamil 'adu 7unicipal 9aws F)mendmentG )ct, 443 FTamil 'adu )ct < of 443G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

1''

advertisement is e.hibited, or to the name of the owner or occupier of such land or building N or
FdG relates to the business of any railway administration N or FeG is e.hibited within any railway station or upon any wall or other property of a

railway administration e.cept any portion of the surface of such wall or property fronting any street. E'planation I%OThe word QstructureQ in this section shall include any movable board on wheels used as an advertisement or an advertisement medium. E'planation II .OThe e.pression QsDy-signQ shall, in this section, mean any advertisement supported on or attached to any post, pole, standard frame-worD or other support wholly or in part upon or over any land, building wall or structure which, or any part of which sDy-sign shall be visible against the sDy from some point in any public place and includes all and every part of any such post, pole, standard frame-worD or other support. The e.pression QsDy-signQ shall also include any balloon, parachute or other similar device employed wholly or in part for the purposes of any advertisement upon or over any land, building pr structure or upon or over any public place but shall not include O
FaG any flag staff, pole, vane or weather-cocD, unless adopted or used wholly or in part for the purpose of any advertisement N FbG any sign, or any board, frame or other contrivance securely fi.ed to or on the top of the wall or parapet of any building or on the cornice or blocDing course of any wall, or to the bridge of a roof 5

(rovided that such board, frame or other contrivance shall be of one continuous face and not open worD, and does not e.tend in height more than one metre above any part of the wall, or parapet, or ridge to, against or on, which it is fi.ed or supported N or
FcG any advertisement relating to the name of the land or building, upon or over which the advertisement is e.hibited, or to the name of the owner or occupier of such land or building N or

relating e.clusively to the business of a railway administration and placed wholly upon or over any railway, railway station, yard, platform or station approach belonging to a railway administration, and so placed that it cannot fall into any street or public place N or
FeG any notice or land or building to be sold, or let, placed upon such land or

FdG any advertisement

building. E'planation III (BCPA%Di8 placeQ shall, for the purposes of this section,

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

1'*

mean any place which is open to the use and enJoyment of the public, whether it is actually used or enJoyed by the public or not. E'planation I.(B %n this $hapter, the e.pression QadvertisementQ shall not include any advertisement published in any newspaper and advertisement broadcast by radio or television. 10-#)% Pr8?i2i4i85 89 a0<er4iseme54s Ai4?814 Ari44e5 7ermissi85 89 E6ec14i<e A14?8ri4=%3 F G 'o advertisement shall, after the levy of the ta. under "ection 01-) has been determined upon in the 7unicipal $ouncil, be erected, e.hibited, fi.ed or retained upon or over any land, building, wall, hoarding or structure within the 7unicipality or shall be displayed in any manner whatsoever in any place without the written permission of the #.ecutive )uthority. F2G The #.ecutive )uthority shall not grant such permission ifFiG the advertisement contravenes any by-law made by the 7unicipal $ouncil under clause F23G of "ection /0= N or FiG the ta., if any, due in respect of the advertisement has not been paidN or FiG the erection, e.hibition, fi.ation or retention of the advertisement is an offence under the Tamil 'adu &pen (laces F(revention of 0isfigurementG )ct, 4<4 FTamil 'adu )ct 2 of 4<4G.

F/G "ubJect to the provisions of sub-section F2G, in the case of an advertisement liable to the advertisement ta., the #.ecutive )uthority shall grant permission for the period to which the payment of the ta. relates and no fee shall be charged in respect of such permission5 (rovided that the provisions of this section shall not apply to any advertisement, erected, e.hibited, fi.ed or retained on the premises of a railway administration relating to the business of a railway administration. 10-#C% Permissi85 89 4?e E6ec14i<e A14?8ri4= 48 2ec8me )oid i5 cer4ai5 cases %3 The permission granted under "ection 01-2 shall become void in the following cases, namely 5FaG if the advertisement contravenes any by-law made by the 7unicipal $ouncil

under clause F23G of "ection /0= or the Tamil 'adu &pen (laces F(revention of 0isfigurementG )ct, 4<4 FTamil 'adu )ct 2 of 4<4G N
FbG if any addition to the advertisement be made e.cept for the purposes of maDing it secure under the direction of the engineer for general purposesN FcG if any material change be made in the advertisement or any part thereof N

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

1'+

FdG if the advertisement or any part thereof falls otherwise than through accident N FeG if any addition or alteration be made to, or in the building, wall or structure upon

or over which the advertisement is erected, e.hibited, fi.ed or retained if such addition or alteration involves the disturbances of the advertisement or any part thereof N and
FdG if the building, wall or structure upon or over which the. advertisement is erected, fi.ed or retained be demolished or destroyed.

10-#D% A5er 8r 7ers85 i5 8cc17a4i85 48 2e 0eeme0 res785si2le .Where any advertisement shall be erected, e.hibited, fi.ed or retained upon or over any land, building, wall, hoarding or structure in contravention of the provisions of "ection 01-) or "ection 01-2 or after the written permission for the erection, e.hibition, fi.ation or retention thereof for any period shall have e.pired or become void' the owner or person in occupation of such land, building, wall, hoarding or structure shall be deemed to be the person who has erected, e.hibited, fi.ed or retained such advertisement in such contravention unless he proves that such contravention was committed by a person not in his employment or under his control or was committed without his connivance. 10-#E% Rem8<al 89 15a14?8rise0 a0<er4iseme54 %f any advertisement be erectedN e.hibited, fi.ed or retained contrary to the provisions of "ection 01-) and 01-2 or after the written permission for the erection, e.hibition, fi.ation or retention thereof for any period shall have e.pired or become void' the #.ecutive )uthority may, by notice in writing, reHuire the owner or occupier of the land, building, wall, hoarding or structure upon or over which the same is erected, e.hibited, fi.ed or retained to taDe down or remove such advertisement or may enter any building, land or property and have the advertisement removed. 10-#!% C8llec4i85 89 4a6 85 a0<er4iseme54 .OThe #.ecutive )uthority may farm out the collection of any ta. on advertisement leviable under "ection 01-) for any period not e.ceeding one year at a time on such terms and conditions as may be provided for by by-laws under "ection /0=.! TAX ON SERVANTS 10.% &e5eral 7r8<isi85s re;ar0i5; ser<a54s 4a6 %3 F G [%f a hill station 7unicipal $ouncil by a resolution determines! that a ta. shall be levied on servants, 2[the /[#.ecutive )uthority! shall collect! a monthly ta. from the date

PPPPPPPPPPPPPPPPPPPPPPPPP These words were substituted for the words Q%f the $hairman of a hill station 7unicipality publishes a notification under "ection 30Q by "ection 3/ *i+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. These words were substituted for the words Qhe shall collectQ by i%id( These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

2 /

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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and at the rates Fwhich shall not e.ceed two rupees a month for each servantG fi.ed by the $ouncil and specified in the notification [published under "ection 30 in pursuance of such resolution! from every employer of private menial and of domestic servants who is not liable for the profession ta. 2[CCC! or, as proprietor, for the property ta.. F2G The ta. may differ for different classes of servants.
F/G The ta. shall be payable at the full monthly rate for every servant employed for not less than fifteen days in the aggregate out of every thirty days from the commencement of the employment, and at 1 0oi&4G of the monthly rate for every servant employed for less than fifteen days but not less than seven days in the aggregate during such periods. F:G %f the ta. remains unpaid at the end of seven days or fifteen days, as the case may be, the /[#.ecutive )uthority! may serve upon the employer a notice reHuiring him to pay within three days from the service of such notice the sum for which he is believed to be liable, and may, on the e.piry of such period, recover from the said employer the sum specified in such notice. F<G #very person, who has paid the servantsE ta. for any period in a half-year and has also paid the profession ta. :[CCC! or Fas proprietorG the property ta. in the same 7unicipality for that half-year, shall be entitled to a refund of the sum paid as servantsE ta..

109% P8Aer 48 call 98r lis4s 89 ser<a54s .OThe /[#.ecutive )uthority! may by notice reHuire
FaG every employer of private menial and domestic servantsN and FbG every secretary, owner or manager of a hotel, boarding or lodging house, club or residential chambers to furnish within a specified time a list in writing of the private menial and domestic servants employed by him or by every person resident in such place.
< +

[CCC!

@110% 48 11* &mitted!

PPPPPPPPPPPPPPPPPPPPPPPPP . These words and figures were inserted by "ection 3/ FiiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. The words Qor surcharge on the income-ta.Q were omitted by the )daptation &rder of 4/1. /. These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. :. The words Qor surcharge on the income-ta.Q were omitted by the )daptation &rder of 4/1. <. "ections 0 to : and the heading thereto were omitted by "chedule %to the Tamil 'adu 7otor ?ehicles Ta.ation )ct, 4/ FTamil 'adu )ct %%% of 4/ G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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[CCC
2

<. &mitted!

%IL&$IM TA+ @11,% Le<= 89 7il;rim 4a6 F G Where a 7unicipality is resorted to by pilgrims and the occasions for pilgrimage occur at intervals of years or only once or twice in a single year, a ta. on persons leaving the 7unicipality or its neighbourhood by railway, shall be levied only for a specified period in respect of each such occasion. Where occasions for pilgrimage are more freHuent or a 7unicipality is a place of pilgrimage of perennial resort, the ta. may be levied throughout the year.
/

F2G The occasion and the period of levy of the ta. shall, in consultation with the railway

administrations concerned, and with the previous approval of the :["tate *overnment!, be determined by the 7unicipal $ouncil. F/G %f the $ouncil resolves that the ta. shall be levied, such ta. shall be collected from the date and during the period specified in the notification published under "ection 30 in pursuance of such resolution as a surcharge on the ticDets of all passengers travelling by railway from any one of the railway stations in or near the 7unicipality and named in such notification to any other railway station more than a specified distance therefrom.
F:G The rates at which the ta. shall be levied on each class of ticDets shall be determined by the 7unicipal $ouncil but shall not e.ceed the rates in the following table 5O

Ta. For limited period F2G 0 0 0 0 ,s. ). (. 3 0 : 0 / 0 2 0 Throughout the year F/G ,s. ). (. 0 : 0 0 2 0 0 0 = 0

F G For first-class ticDets. For second-class ticDets. For intermediate class ticDets. For third-class ticDets.

PPPPPPPPPPPPPPPPPPPPPPPPP . The heading Q"urcharge on the %ncome-ta.Q was omitted by "ection 3 of, and the "econd "chedule to, the Tamil 'adu ,epealing and )mending )ct, 4<< FTamil 'adu )ct @@@?% of 4<<G. 2. This "ection was omitted by the )daptation &rder of 4/1. /. This section was substituted for the original section by "ection 33 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. :. The words Q(rovincial *overnmentQ were substituted for the word Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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(rovided that the rates leviable on season ticDets, if any, shall be determined by the 7unicipal $ouncil in consultation with the railway administrations concerned but shall not for a period of one month or any less period e.ceed si. times the rates given in column F2G of the above table. F<G The ["tate *overnment! may maDe rules not inconsistent with this )ct for regulating O FiG the collection of the ta.N FiG the payment thereof to the $ouncil concernedN the deduction of any e.penses incurred by railway administration in the collection thereof N and FiiG the decision of disputes FaG between 7unicipal $ouncils and between 7unicipal $ouncils and other local authorities, and FbG 2[CCC!
FiG

between 7unicipal $ouncils and railway administrations in matters connected with the levy, collection or apportionment of the ta.5! [(rovided that rules relating to the decision of disputes shall not have effect in relation to a dispute to which the. cantonment authority, or the port authority of a maJor port, or the administration of any railway as defined in clause F20G of )rticle /== of the $onstitution, is a party, unless the rules are made with the concurrence of the $entral *overnment.!
: /

@11,A% 11,)% 11,C%

@KKKE @KKKE @KKKEE

PPPPPPPPPPPPPPPPPPPPPPPPP . The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. 2. The words Qwith the previous sanction of the *overnor-*eneral in $ouncilQ were omitted by the )daptation &rder of 4/1. /. This proviso was substituted by the )daptation F)mendmentG &rder of 4<0 for the original proviso as substituted by the )daptation &rder of 4/1. :. "ection =) to =$ was repealed by the FTamil 'adu 0uty on Transfer of (roperty in 7unicipal )reasG Tamil 'adu )ct /2 of 2004

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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11-% P8Aer 48 e6em74 9r8m 4a6es %3 With the sanction of the ["tate *overnment!, the 7unicipal $ouncil may e.empt any person or class of persons wholly or in part from the payment of any ta. 2[CCC!. /[2ut nothing in this section shall be deemed to authorise the e.emption of any person solely on the ground that he is a member of a 7unicipal $ouncil.! @11-#A% P8Aer 48 assess i5 case 89 esca7e 9r8m assessme54 %3 'otwithstanding anything to the contrary contained in this )ct or the rules made thereunder if, for any reason, any person liable to pay any of the ta.es or fee leviable under this $hapter 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 ta., has not been duly assessed in any half-year or year conseHuent on the building or land concerned having escaped proper determination of its annual value, the $ommissioner may, at any time, within si. years from the date on which such person should have been assessed serve on such person a notice assessing him to the ta. or fee due and
:

PPPPPPPPPPPPPPPPPPPPPPPPP . The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. 2. The words Qor tollQ were omitted by "chedule % to the Tamil 'adu 7otor ?ehicles Ta.ation )ct, 4/ FTamil 'adu )ct %%% of 4/ G. /. This sentence was added by "ection 34 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. :. %nserted by the Tamil 'adu 7unicipal 9aws F)mendmentG )ct, 441 FTamil 'adu )ct of 441G w.e.f. 21th 0ecember 44=.

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demanding payment thereof within fifteen days from the date of such serviceN and the provisions of this )ct 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 the ta. or fee relates.! @11.% P8Aer 48 Ari4e 899 irrec8<era2le 4a6es, e4c %3 The 7unicipal $ouncil may write off any ta., 2[CCC! fee or other amount whatsoever due to it, whether under a contract or otherwise, or any sum payable in conne.ion therewith, if in its opinion, such ta., 2[CCC! fee, amount or sum is irrecoverable.!
119% De9i5i4i85 89 M15ici7al !150 %3 )ll moneys received by the 7unicipal $ouncil

shall constitute a fund which shall be called the 7unicipal fund and shall be applied and disposed of subJect to the provisions of this )ct or other laws.
119% )10;e4 Es4ima4e %3 The 7unicipal $ouncil shall /[CCC! in each year frame a

budget showing the probable receipts and the e.penditure which it proposes to incur during the following year and shall submit a copy of the budget to the :["tate *overnment! before < [such date as may be fi.ed by them in that behalf!. The budget shall contain provision adeHuate in the opinion of the :["tate *overnment! for the due discharge of all liabilities in respect of loans contracted by the $ouncil and for the maintenance of a worDing balanceN and if the budget as submitted to the :["tate *overnment! fails to maDe these provisions, the : ["tate *overnment! may =[modify any part of the budget! so as to ensure that such provisions are made.
120% Re<ise0 8r S177leme54al )10;e4 %3 %f in the course of a year, a 7unicipal $ouncil

finds it necessary to modify the figures shown in the budget with regard to its receipts or to the distribution of the amounts to be e.pended on the different services it undertaDes, it may submit a supplemental or revised budget, provided that no alteration shall be made without the consent of the :["tate *overnment! in the amount allotted for the service of debt or in the worDing balance.

PPPPPPPPPPPPPPPPPPPPPPPPP . This section was substituted for the original "ection 3 by "ection 40, of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. The word QtollQ was omitted by "chedule % to the Tamil 'adu 7otor ?ehicles Ta.ation )ct, 4/ FTamil 'adu )ct %%% of 4/ G. /. The words Qbefore the end of 0ecemberQ were substituted for the words Qin the month of FebruaryQ by "ection 4 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G, and the words so substituted were omitted by "ection 2 of the Tamil 'adu 0istrict 7unicipalities F"econd )mendmentG )ct, 4:2 FTamil 'adu )ct ?%% of 4:2G, reenacted permanently by "ection 2 of, and the First "chedule to, the Tamil 'adu ,e-enacting F'o. %%G )ct, 4:3 FTamil 'adu )ct ?%%% of 4:3G. :. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. <. These words were substituted for the words Qthe end of FebruaryQ by "ection 4 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G =. These words were substituted for the words Qalter any part of itQ by i%id(

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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122% A778i54me54 89 A10i48rs 89 acc8154s %3 The ["tate *overnment! shall appoint )uditors of the accounts of receipt and e.penditure of the 7unicipal fund. "uch )uditors shall be deemed to be public servants within the meaning of "ection 2 of the %ndian (enal $ode F$entral )ct @9? of 1.,0"% 12'% C854ri214i85s 48 e67e50i41re 2= 84?er l8cal a14?8ri4ies %3(1" %f the e.penditure incurred by the ["tate *overnment! or by any other 7unicipality to which this )ct applies or by any other local authority in the 2["tate of Tamil 'adu! for any purpose authorised by or under (art %% of "chedule %? is such as to benefit the inhabitants of a 7unicipality, the 7unicipal $ouncil may, with the sanction of the ["tate *overnment!, maDe a contribution towards such e.penditure.
F2G The ["tate *overnment! may direct a 7unicipal $ouncil to show cause, within a

month after receipt of the order containing the direction, why any contribution described in sub-section F G should not be made.
F2G %f the 7unicipal $ouncil fails to show cause within the said period to the satisfaction

of the ["tate *overnment!, the ["tate *overnment! may direct it to maDe such contribution as /[they shall name!, and it shall be paid accordingly. 12*% A77lica4i85 89 Sc?e01le IV %3 The rules and tables embodied in "chedule %? shall be read as part of this $hapter. @12*#A% Rec8<er= 89 l8a5s a50 a0<a5ces ma0e 2= 4?e S4a4e &8<er5me54 %3 'otwithstanding anything contained in the 9ocal )uthorities 9oans )ct, 4 : F$entral )ct %@ of 4 :G, the ["tate *overnment! shall be entitled to recover in the manner provided by sub-section F:G of "ection /4 of this )ct or by suit any loan or advance made to any 7unicipal $ouncil for any purpose to which the funds of the said $ouncil may be applied under this )ct.! [12*#)% C85s4i414i85 89 !i5a5ce C8mmissi85 %3 F G The Finance $ommission referred to in )rticle 2:/-% of the $onstitution shall review the financial position of the 7unicipalities and =[Third *rade 7unicipalities, Town (anchayats! and maDe recommendations to the *overnor as to O PPPPPPPPPPPPPPPPPPPPPPPPP . The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. 2. This e.pression was substituted for the e.pression Q(residency of 7adrasQ by the Tamil 'adu )daptation of 9aws &rder 410, which was deemed to have come into force on the :th 6anuary 4=4. /. These words were substituted for the words Qas he shall nameQ by the "chedule to the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. :. This section was inserted by "ection 42, i%id( <. %nserted by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct 44: FTamil 'adu )ct 2< of 44:G. =. "ubstituted for the words QTown (anchayatQ by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 200: FTamil 'adu )ct 2/ of 200:G w.e.f. :th 6une 200:
< *

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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*1+ the principles which should govern, O


FiG the distribution between the "tate *overnment and the 7unicipalities and the

[Third *rade 7unicipalities, Town (anchayats! of the net proceeds of the ta.es, duties, tolls and fees leviable by the "tate *overnment which may be divided between them and the allocation between the 7unicipalities and the [Third *rade 7unicipalities, Town (anchayats! of their respective shares of such proceeds N
FiG the determination of the ta.es, duties, tolls and fees which may be assigned to or appropriate, by the 7unicipalities and the [Third *rade 7unicipalities, Town (anchayats! from the $onsolidated Fund of the "tate N

The grants-in-aid to the 7unicipalities and the [Third *rade 7unicipalities, Town (anchayats!.
FiG

*%+ the measures needed to improve the financial position of the 7unicipalities and the [Third *rade 7unicipalities, Town (anchayats! N *8+ any other matter referred to the Finance $ommission by the *overnor in the interest of sound finance of the 7unicipalities and the [Third *rade 7unicipalities, Town (anchayats!. F2G The *overnor shall cause every recommendation made by the $ommission under this section together with an e.planatory memorandum as to the action taDen thereon to be laid before the Tamil 'adu 9egislative )ssembly.!

PPPPPPPPPPPPPPPPPPPPPPPPP . "ubstituted for the words QTown (anchayatQ by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 200: FTamil 'adu )ct 2/ of 200:G w.e.f. :th 6une 200:.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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CHAPTER#VI#A

TA/

N PR !ESSI N, TRADE,

CALLIN& AND EMPL $MENT 12*#C% De9i5i4i85s %3 For the purposes of this $hapter, O FaG >em7l8=ee> means a person employed on salary and includes, O
FiG a *overnment servant receiving pay from the revenue of the $entral *overnment

or any "tate *overnmentN


FiG a person in the service of a body, whether incorporated or not, which is owned or

controlled by the $entral *overnment or any "tate *overnment, where, such body operates within the municipal limit even though its headHuarters may be outside the municipal limitN and a person engaged in any employment by any employer not covered by subclauses *i+ and *ii+ ;
FiG (2" >em7l8=er> in relation to an employee earning any salary on a regular basis under his 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 7anager or )gent of the employerN (c" >?al9#=ear> shall be from the st day of )pril to /0th day of "eptember and from the st day of &ctober to the / st day of 7arch of a year N (0" >m854?> means a calendar monthN (e" QpersonQ means any person who is engaged actively or otherwise in any profession, trade, calling or employment in the "tate of Tamil 'adu and includes a +indu 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 basisN (2" >4a6> means the ta. on profession, trade, calling and employment levied under

this $hapter.

PPPPPPPPPPPPPPPPPPPPPPPPP $hapter ?%-) F"ections 2:-$ to 2:-8G was inserted by the Tamil 'adu 7unicipal 9aws F"econd )mendmentG )ct, 443 FTamil 'adu )ct <4 of 443G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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12*#D% Le<= 89 7r89essi85 4a6 %3 F G There shall be levied by the 7unicipal $ouncil a ta. on profession, trade, calling and employment. F2G [#ach branch or unit of a company, +indu undivided family, firm corporation or other corporate body, society, club, body of persons or association which transacts business and every person,! who is engaged actively or otherwise in any profession, trade, calling or employment within the 7unicipality on the first day of the half-year for which return is filed, shall pay half-yearly ta. at the rates specified in the Table below in such manner as may be prescribed 5O "%. 'o. THE TA)LE% F G )verage half-yearly income. F2G From >p to ,s. 2 ,000 2. /. :. <. =. Rs% 2 ,00 Rs% /0,00 Rs% :<,00 ,s. =0,00 ,s. 1<,00 and above To K Rs% /0,000 Rs% :<,000 Rs% =0,000 Rs% 1<,000 K 'il Rs% =0 Rs% <0 ,s. /00 Rs% :<0 ,s. =00 +alf-yearly ta.. F/G

F/G The rate of ta. payable under sub-section F2G shall be published by the #.ecutive )uthority in such manner as may be prescribed. F:G 2[Where a branch or unit of a company, +indu undivided family, firm, corporation

or other corporate body, society, club, body of persons or association or a person!2 proves that it or he has paid the sum due on account of the ta. levied under this $hapter or any ta. of the nature of a profession ta. imposed under the $antonments )ct, 42: F$entral )ct %% of 42:G for the same half-year to any local authority or cantonment authority in the "tate of Tamil 'adu, /[such branch or unit of a company, +indu undivided family, firm, corporation or other corporate body, society, club, body of persons or association or person!/ shall not be liable by reason merely of change of place of business, e.ercise of profession, trade, calling or employment or residence, to pay the ta. to any other local authority or cantonment authority.
F<G The ta. leviable from a firm, association or +indu undivided family may be levied on any adult member of the firm, association or family.

-012 0'''2/ PPPPPPPPPPPPPPPPPP . "ubstituted by Tamil 'adu )ct 0 of 2004 2. "ubstituted by Tamil 'adu )ct 0 of 2004 /. "ubstituted by Tamil 'adu )ct 0 of 2004 :. The sub-section of F=G was omitted by Tamil 'adu )ct 0 of 2004

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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F1G Where any company, corporate body, society, firm, body of persons or association,

pays the ta. under this $hapter, any director, partner or member, as the case may be, of such company, corporate body, society, firm, body of persons or association shall not liable to pay ta. under this $hapter for the income derived by such director, partner or member from such company, corporate body, society, firm, body of persons or associations5 (rovided that such director, partner or member shall be liable to pay ta. under this $hapter for the income derived from other sources.
F3G #very person who is liable to pay ta., other than a person earning a salary or wage shall furnish to the #.ecutive )uthority, a return in such form, for such period and within such date and in such manner as may be prescribed 5

(rovided that subJect to the provisions of sub-sections F 0G and F G, such person may maDe 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.
F4G #very such return shall accompany with the proof of payment of the full amount of ta. due according to the return and a return without such proof of payment shall not be deemed to have been duly filed. F1G 'otwithstanding anything contained in the proviso to sub-section F3G, the #.ecutive )uthority 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 provisions of this $hapter. F3G %f no return is submitted by any person under sub-section F3G within the prescribed period or if the return submitted by him appears to the #.ecutive )uthority to be incomplete or incorrect, the #.ecutive )uthority shall, after maDing such enHuiry as he may consider necessary assess such person to the best of his Judgment5

(rovided that before taDing 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.
F4G #very person who is liable to pay ta. under this section, other than a person

earning salary or wage FaG shall be issued with a pass booD containing such details relating to such payment of ta. as may be prescribed and if the pass booD is lost or accidentally destroyed, the #.ecutive )uthority may, on an application made by

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

1*,

the person accompanied by such fee as may be fi.ed by the 7unicipal $ouncil, issue to such person a duplicate of the pass booD. *%+ shall be allotted a permanent account number and such person shall O *i+ Huote such number in all his return to, or correspondence with, the #.ecutive )uthority N *ii+ Huote such number in all chalans for the payment of any sum due under this $hapter. F /G The rate of ta. specified under sub-section F2G shall be revised by the 7unicipal $ouncil once in every five years and such revision of ta. shall be increased not less than twenty-five per cent and not more than thirty-five per cent of the ta. levied immediately before the date of revision. 12*#E% Em7l8=ers lia2ili4= 48 0e01c4 a50 7a= 4a6 85 2e?al9 89 4?e Em7l8=ees % 3 The ta. payable by any person earning a salary or wages 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 ta. on behalf of such person 5 (rovided that if the employer is an officer of the "tate or $entral *overnment, the *overnment may, notwithstanding anything contained in this $hapter prescribe the manner in which such employer discharge the said liability. 12*#!% !ili5; 89 re41r5s 2= Em7l8=er%3 F G #very employer liable to pay ta. under this $hapter shall file a return to the #.ecutive )uthority in such form, for such period and by such date as may be prescribed showing therein the salaries paid by him to the employees and the amount of ta. deducted by him in respect of such employees. F2G #very such return shall accompany with the proof of payment of the full amount of ta. due according to the return and a return without such proof of payment shall not be deemed to have been duly filed. 12*#&% Assessme54 89 4?e Em7l8=er%3 F G The #.ecutive )uthority, if satisfied that any return filed by any employer under sub-section F G of "ection 2:-F is correct and complete shall accept the return. F2G Where an employer has failed to file any return under sub-section F G of "ection 2:-F within the time or if the return filed by him appears to the #.ecutive )uthority to be incorrect or incomplete, the #.ecutive )uthority shall, after maDing such enHuiry as he considers necessary, determine the ta. due and

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

1*-

assess the employer to the best of his Judgment and issue a notice of demand for the ta. so assessed 5 (rovided that before assessing the ta. due, the #.ecutive )uthority shall give the employer a reasonable opportunity of being heard. 12*#H% Pe5al4= a50 i54eres4 %3 F G %n addition to the ta. assessed under sub-section F G of "ection 2:-0 or sub-section F2G of "ection 2:-* in the case of submission of incorrect or incomplete return, the #.ecutive )uthority shall direct the person or employer to pay by way of penalty of one hundred per cent of the difference of the ta. assessed and the ta. paid as per return 5 (rovided 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 $hapter and unless the person affected has had a reasonable opportunity of showing cause against such imposition. F2G &n 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 e.ceeding one per cent per mensem of such amount for the entire period of default as may be prescribed. 12*#I% A77eal %3 F G )ny person or employer aggrieved by any order or decision of the #.ecutive )uthority in relation to the payment of ta. Fincluding penalty, fee and interestG may, within such time as may be prescribed appeal to the Ta.ation )ppeals $ommittee. F2G The decision of the Ta.ation )ppeals $ommittee shall be final and shall not be Huestioned in any $ourt of law5 (rovided that no such decision shall be made e.cept after giving the person affected a reasonable opportunity of being heard. 12*#G% E6em74i85s %3 'othing contained in this $hapter shall apply to O FaG the members of the )rmed Forces of the >nion serving in any part of this "tate to whom the provisions of the )rmy )ct, 4<0 F$entral )ct @9? of 4<0G, the )ir Force )ct, 4<0 F$entral )ct @9? of 4<0G or the 'avy )ct, 4<1 F$entral )ct =2 of 4<1G applies N
FbG the members of the $entral ,eserve (olice Force to whom the $entral ,eserve

(olice Force )ct, 4:4 F$entral )ct @9?% of 4:4G applies and serving in any part of this "tate N
FbG (hysically disabled persons with total disability in one or both the hands or legs,

spastics, totally dumb or deaf persons or totally blind persons 5

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

1*.

(rovided that such physically disability shall be duly certified by a ,egistered 7edical (ractitioner in the service of the *overnment not below the ranD of a $ivil "urgeon. 2:-8. Re7eal a50 sa<i5;s %3 F G The Tamil 'adu Ta. on (rofessions, Trades, $allings and #mployments )ct, 442 FTamil 'adu )ct 2: of 442G Fhereafter in this section referred to as the 442 )ctG in its application to the 7unicipality is hereby repealed. F2G The repeal of the 442 )ct under sub-section F G shall not affect, O
FiG the previous operation of the said )ct or anything done or duly suffered

thereunder N or
FiG any right, privileges, obligations or liabilities acHuired, accrued or incurred under the said )ct N or FiG

any penalty, forfeiture or punishment incurred in respect of any offence

committed. F/G 'otwithstanding the repeal of the 442 )ct, the rates of ta. on professions, trades, callings and employments specified in the "chedule to the said )ct shall continue to apply for the period commencing on the st day of )pril 442 and ending with the /0th day of "eptember 443 for the levy and collection of such ta. for the said period where the ta. due under that )ct has not been paid for the said period. F:G The provisions of this $hapter other than the rates of ta. specified in sub-section F2G of "ection 2:-0 and the provisions relating to penalty and interest shall 0A414i3 0A412di3 apply to the levy and collection of ta. for the period mentioned in sub-section F/G. F<G The arrears of ta. under the 442 )ct shall be paid in si. eHual half-yearly instalments in such manner and within such period as may be prescribed.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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(),T %? PU)LIC HEALTH, SA!ET$ AND C NVENIENCE $+)(T#, ?%% (ATER#SUPPL$, LI&HTIN& AND DRAINA&E !ATER#SUPPLY VESTING OF !OR$S AND PO!ERS OF MUNICIPAL AUTHORITIES
12+% Ves4i5; 89 A8rDs i5 M15ici7al C815cils %3 F G )ll public watercourses and

springs and all public reservoirs, tanDs, cisterns, fountains, wells, stand-pipes, and other water-worDs e.isting at the time of the coming into force of this )ct or afterwards made, laid or erected, and whether made, laid or erected at the cost of the 7unicipal $ouncil or otherwise, and also any adJacent land Fnot being private propertyG appertaining thereto shall vest in the $ouncil and be subJect to its control 5 [(rovided that nothing contained in this section shall apply to any worD which is, or is connected with, a worD of irrigation or to any adJacent land appertaining to any such worD.! F2G The 2["tate *overnment! may, by notification, limit or define such control or may assume the administration of any public source of water-supply and public land adJacent and appertaining thereto after consulting the 7unicipal $ouncil and giving due regard to its obJections, if any.
12+% C85s4r1c4i85 a50 mai54e5a5ce 89 Aa4er#A8rDs %3 F G The 7unicipal $ouncil

may, with the sanction of the 2["tate *overnment!, direct the construction of such worDs as it deems fit without the limits of the 7unicipality for supplying it with water and may provide channels, tanDs, reservoirs, cisterns, engines, mains, wells, fountains, stand-pipes, and other worDs as it may deem fit within the said limits for the use of the inhabitants. F2G The $ouncil may cause e.isting worDs for the supply of water to be maintained and supplied with water, or it may close any such worDs and substitute

PPPPPPPPPPPPPPPPPPPPPPPPP . This proviso was added by "ection 1 of the Tamil 'adu 0istrict 7unicipalities F"econd )mendmentG )ct, 4/: FTamil 'adu )ct %? of 4/<G. 2. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for the word Q(rovincialQ by the )daptation &rder of 4<0.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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other such worDs and may cause them to be maintained and supplied with water.
12-% Tres7ass 85 7remises c855ec4e0 Ai4? Aa4er -s177l= %3 %t shall not be lawful for any person e.cept with permission duly given and obtained to enter upon land belonging to or vested in a 7unicipal $ouncil along which a conduit or pipe runs, or upon any premises connected with the water-supply. 12.% Pr8?i2i4i85 89 21il0i5; 8<er Aa4er mai5s %3 F G Without the permission of the

$ouncil, no building, wall or other structure shall be newly erected and no street or railway shall be constructed over any municipal water mains. F2G %f any building, wall or other structure be so erected or any street or railway be so constructed, the $ouncil may cause the same to be removed or otherwise dealt with as shall appear to it fit and the e.penses thereby incurred shall be paid by the persons offending. #U%%L* 3O$ DOME#TIC U#E
12-% C815cil 48 7r8<i0e Aa4er 98r 08mes4ic 1se %3 The 7unicipal $ouncil shall, so far as the funds at its disposal may admit, provide a sufficient supply of water fit for the domestic use of the inhabitants. 129% C854r8l 8<er ?81se-c855ec4i85s %3 )ll house-connections, whether within or

without the premises to which they belong, with any water-supply mains which may have been constructed by a 7unicipal $ouncil shall be under the control of the $ouncil, but shall be altered, repaired and Dept in proper order, at the e.pense of the owner of the premises to which they belong or for the use of which they were constructed, and in conformity with bylaws and regulations framed by the $ouncil in this behalf.
1'0% Pri<a4e Aa4er-s177l= 98r c85s1m74i85 a50 08mes4ic 1se a50 78Aers 89
1

@E6ec14i<e A14?8ri4=E 48 e598rce 7r8<isi85 98r Aa4er#s177l= %# F G %n 7unicipalities in which there is a pipe supply of water, the [#.ecutive )uthority!, may at his discretion on application by the owner or occupier of any building, arrange, in accordance with the bylaws, to supply water thereto for domestic consumption and use5 (rovided that the [#.ecutive )uthority! shall not, without the sanction of the $ouncil, agree to supply water to any building assessed at an annual value of less than one hundred and twenty rupees. F2G Whenever it appears to the [#.ecutive )uthority! that any dwelling-house assessed at an annual value of not less than two hundred rupees is without

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. .

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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a proper supply of water for domestic consumption and use and that such a supply can be furnished from a main not more than one hundred feet distant from any part of such building, the #.ecutive )uthority! may, by notice, reHuire the owner to obtain such supply and to e.ecutive all such worDs as may be necessary for that purpose in accordance with the by-laws and regulations. F/G The cost of maDing the connection and the cost or hire of meters shall be borne by the owner or applicant and shall be recoverable in the same manner as the property ta.. E,KD1214io2 (B "upply of water for domestic consumption and use shall not be deemed to include a supply O
FaG for any trade, manufacture or business, FbG for gardens or for purposes of irrigation, FcG for building purposes, FdG for fountains, swimming baths, public baths 2[CCC!, within the 7unicipality or

for any ornamental or mechanical purpose,


FeG for animals, or for washing vehicles, where such animals or vehicles are Dept for

sale or hire N but shall be deemed to include a supply O


FaG for flushing latrines, FbG for all baths other than swimming baths or public baths, FcG for the consumption and use of inmates of hotels, boarding-houses and the liDe and for baths used by such inmates.
/

[F:G C C C! %$I.ATE !ATE$4#U%%L* 3O$ NON#DOME#TIC %U$%O#E#

@1'2E% P8Aer 89 1@E6ec14i<e A14?8ri4=E 48 s177l= Aa4er 98r 585-08mes4ic 71r78ses % 3 The [#.ecutive )uthority! may, at his discretion, supply

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 2. The words QtanDs in or near temples and mosHuesQ were omitted by "ection 2 FaG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/= FTamil 'adu )ct @@%%% of 4/=G. /. "ub-section F:G was omitted by "ection 2FbG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/= FTamil 'adu )ct @@%%% of 4/=G. :. "ub-section F2G of "ection /2 was omitted and sub-section F G was renumbered as "ection /2 by "ection /, i%id(

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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water for any purpose other than domestic consumption and use on receiving a written application specifying the purpose for which such a supply is reHuired and the Huantity liDely to be consumed.
, 1

-%A*MENT 3O$ !ATE$./

@1'2#A% P8Aer 89 C815cil 48 maDe 2=#laAs 98r Aa4er#s177l= %3(1" For all water supplied under "ection . / or under "ection /2, payment shall be made on such basis, at such times, and on such conditions as may be laid-down in the by-laws made by the $ouncil, and shall be recoverable in the same manner as the property ta.. F2G %n particular and without preJudice to the generality of the foregoing power, such by-laws may O
FaG in cases of supply for domestic consumption and use, lay down the ma.imum

free allowance to be made and the rates of charge to be levied in respect of water supplied in e.cess of such allowance N and
FbG in cases of supply whether for domestic consumption and use or for other

purposes, or any class of such cases, lay down that the charge for water supplied shall be based on the number of taps allowed, irrespective of the Huantity of water consumed.! #U%%L* 5E*OND LIMIT# O3 MUNICI%ALIT*
1''% S177l= Ai4?814 4?e M15ici7ali4= The $ouncil may, with the sanction of and on such terms Fif anyG as may be approved by the 2["tate *overnment!, supply water to a local authority or other person without the 7unicipality.

CUTTING OFF !ATER#SUPPLE


1'*% P8Aer 48 c14 899 Aa4er#s177l= %3 F G The /[#.ecutive )uthority! may cut off the

supply of municipal water from any premises O FaG if the premises are unoccupied.N FbG if any water-ta. or any sum due for water for the cost of maDing a conne.ion or for the cost or hire of a meter or for the cost of carrying out any worD or test connected with the water-supply which is chargeable to any

PPPPPPPPPPPPPPPPPPPPPPPPP . This heading and "ection /2-) were inserted by "ection : of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/= FTamil 'adu )ct @@%%% of 4/=G. 2. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. /. These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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person by or under this )ct, is not paid within fifteen days after a bill for such ta. or sum has been presented N
FcG if, after receipt of a notice from the [#.ecutive )uthority! reHuiring him to refrain from so doing, the owner or occupier continues to use the water or to permit it to be used in contravention of any by-law made under this )ct FdG if the owner or occupier neglects within a period specified in any notice issued

by the [#.ecutive )uthority! under any by-law made under this )ct to put up a meter or to comply with any other lawful order or reHuisition N
FeG if the owner or occupier wilfully or negligently damages his meter or any pipe or tap conveying municipal water N

F62 if the occupier refuses to admit the [#.ecutive )uthority! into premises which he proposes to enter for the purpose of e.ecuting any worD or of placing or removing any apparatus or of maDing any e.amination or inHuiry in conne.ion with the water-supply, or prevents the [#.ecutive )uthority! doing such worD, placing or removing such apparatus or maDing such e.amination or inHuiryN
FgG if any pipes, taps, worDs or fittings connected with the municipal water-supply

are found on e.amination by the [#.ecutive )uthority! to be out of repair to such an e.tent as to cause waste or contamination of water N
FhG if the owner or occupier causes pipes, taps, worDs or fittings connected with the municipal water-supply to be placed, removed, repaired or otherwise interfered with in violation of the by-laws 5

(rovided that in cases under sub-clauses FeG, F9+' *>+ and FhG, the [#.ecutive )uthority! shall not taDe action unless notice of not less than twenty-four hours has been given to the owner or occupier of the premises.
F2G The e.pense of cutting off the supply shall be paid by the owner or occupier of the

premises.
F/G %n cases under clause FbG as soon as any money for nYm-payment of which water has

been cut off together with the e.pense of cutting off the supply, has been paid by the owner or occupier, the [#.ecutive )uthority! shall cause water to be supplied as before on payment of the cost Fif anyG of reconnecting the premises with the municipal water-worDs.
F:G 'o action taDen under this section shall relieve any person from any penalties or liabilities which he may otherwise have incurred.

PPPPPPPPPPPPPPPPPPPPPPPPP . These, words were substituted for the word Q$hairmanQ by "ection 1F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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1'+% N85-lia2ili4= 89 C815cil 98r re01c4i85 8r s4877a;e 89 s177l= i5 cer4ai5 cases %3

The 7unicipal $ouncil shall not be liable to any penalty or damages for cutting off the supply of water or for not supplying water Fsave in the case of e.press stipulation in an agreement for the supply of water for other than domestic purposesG in the case of any drought, or other unavoidable cause or accident, or the necessity for relaying or repairing pipes. LI&HTIN& 1'+% Pr8<isi85 98r li;?4i5; 712lic s4ree4s %3 The 7unicipal $ouncil shall, so far as the funds at its disposal permit, cause the public streets to be lighted and for that purpose shall provide such lamps and worDs as it thinDs necessary. %U5LIC D$AINA&E
1',% Mai54e5a5ce 89 s=s4em 89 0rai5a;e 2= C815cil %3 The 7unicipal $ouncil shall,

so far as the funds at its disposal may admit, provide and maintain a sufficient system of public drains. %$I.ATE D$AINA&E 1'-% C854r8l 8<er ?81se-0rai5s, 7ri<ies a50 cess#788ls %3 )ll house-drains whether within or without the premises to which they belong and all private latrines and cesspools within the 7unicipality shall be under the control of the 7unicipal $ouncil but shall be altered, repaired, cleansed, and Dept in proper order, at the e.pense of the owner of the premises to which the same belong or for the use of which they were constructed, and in conformity with by-laws and regulations framed by the $ouncil in this behalf. [#.ecutive )uthority! shall, on application by the owner. or occupier of any premises or the owner of a private street arrange, in accordance with the bylaws, for the connection of the applicantEs drain with any public drain at a distance not e.ceeding three hundred feet therefrom at the applicantEs e.pense. F2G %f there is a public drain or outfall within a distance not e.ceeding one hundred feet of the nearest point on any premises 2[or if within such distance a public drain or outfall is about to be provided or is in the process of construction! the [#.ecutive )uthority! may, by notice, direct the owner of the said premises, to construct a drain leading therefrom to such drain or place of outfall, and to e.ecute all such worDs as may be necessary in accordance with the by-laws and regulations at such ownerEs e.pense.
1'+% C855ec4i85 89 ?81se-0rai5s Ai4? 712lic 0rai5s %3 F G The

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by "ection 1F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 2. These words were inserted by "ection / FiG of the $hennai $ity 7unicipal and 0istrict. 7unicipalities F)mendmentG )ct, 4:2 FTamil 'adu )ct @@?%% of 4:2G, re-enacted permanently by "ection 2 of, and the First "chedule to, the Tamil 'adu ,e-enacting and ,epealing F'o. %G )ct, 4:3 FTamil 'adu )ct ?%% of 4:3G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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F/G %f any premises are in the opinion of the [#.ecutive )uthority! without sufficient means of effectual drainage, but no part thereof is situated within one hundred feet of a public drain or its place of outfall, the [#.ecutive )uthority! may, by notice, direct the owner of the said premises to construct a cesspool or septic tanD or filters of such material, dimensions and description, in such position and at such level as the [#.ecutive )uthority! thinDs necessary, and to construct a drain or drains emptying into cesspool, tanD or filters and to e.ecute all such worDs as may be necessary in accordance with the by-laws and regulations5 (rovided that
FaG no reHuisition shall be made under this section on any person who has been

e.empted from payment of the property ta. under 2[sub-section F<G of "ection 3/!
FbG no person shall be reHuired under this section to e.pend a sum e.ceeding five times

the property ta. on any such building, with the land assessed with it as part of the same premises, or in the case of buildings e.empted under "ection 3/, five times the property ta. which would be payable on such building with the land which would be assessed with it to the property ta. if such building were not e.empt and if any amount e.ceeding the said sum is e.pended, the e.cess shall be borne by the $ouncil. 1*0% 1@E6ec14i<e a14?8ri4=E ma= cl8se 8r limi4 4?e 1se 89 e6is4i5; 7ri<a4e 0rai5s %3 F G Where a drain connecting any premises with a public drain or other place set apart by the 7unicipal $ouncil for the discharge of drainage is sufficient for the effectual drainage thereof and is otherwise unobJectionable, but is not, in the opinion of the [#.ecutive )uthority! adapted to the general drainage system of the 7unicipality or of the part of the 7unicipality in which such drain is situated, the [#.ecutive )uthority! with the approval of the $ouncil may O
FaG subJect to the provisions of sub-section F2G close, discontinue or destroy the said

drain and do any worD necessary for that purpose N or


FbG direct that such drain shall, from such date as he specifies in this behalf, be used

for sullage and sewage only, or for water unpolluted with sullage or sewage only, and by notice reHuire the owner of the premises to maDe, at his own e.pense, an entirely distinct drain for water unpolluted with sullage or sewage, or for sullage and sewage.

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by "ection 1F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 2. These words and figures were substituted for the words, figures and letter Q"ection 3:, clause FcGQ by "ection 4/ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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F2G 'o drain may be closed, discontinued or destroyed by the [#.ecutive )uthority! under clause F G FaG e.cept on condition of his providing another drain as effectual for the drainage of the premises and communicating with a public drain or other place aforesaid N and the e.pense of the construction of any drain so provided by the [#.ecutive )uthority! and of any worD done under clause F G FaG shall be paid by the $ouncil. 1*1% P8Aer 89 1@E6ec14i<e A14?8ri4=E 48 0rai5 7remises i5 c8m2i5a4i85 .O F G When the [#.ecutive )uthority! is of opinion that any group or blocD of premises, any part of which is situate within one hundred feet of a municipal drain already e.isting, or 2[about to be provided or in the process of construction! may be drained more economically or advantageously in combination than separately, the [#.ecutive )uthority! may, with the approval of the $ouncil, cause such group or blocD of premises to be drained by such method as appears to the [#.ecutive )uthority! to be best suited therefor and the e.penses incurred by the [#.ecutive )uthority! in so doing shall be paid by the owners in such proportions as the $ouncil may decide. F2G 'ot less than fifteen days before any worD under this section is commenced, the [#.ecutive )uthority! shall give notice to the owners of
FaG the nature of the intended worD , FbG the estimated e.penses thereof , and FcG the proportion of such e.penses payable by each owner.

F/G The owners for the time being of the several premises constituting a group or blocD drained under sub-section F G shall be the Joint owners of every drain constructed, erected or fi.ed, or continued for the special use and benefit only of such premises and shall in the proportion in which it is determined that they are to contribute to the e.penses incurred by the [#.ecutive )uthority! under sub-section F G, be responsible for the e.pense of maintaining every such drain in good repair and efficient condition. 1*2% )1il0i5;, e4c%, 584 48 2e erec4e0 Ai4?814 7ermissi85 8<er 0rai5 %## F G Without the permission of the $ouncil, no person shall place or construct any fence, building, culvert, drain-covering, drain or other structure or any street, railway or cable over, under, in or across any public drain, or stop up, divert,

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by "ection 1F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 2. These words were substituted for the words Qabout to be constructedQ by "ection /FiiG of the $hennai $ity 7unicipal and 0istrict 7unicipalities F)mendmentG )ct, 4:2 FTamil 'adu )ct @@?%% of 4:2G, re-enacted permanently by "ection 2 of, and the First "chedule to, the Tamil 'adu ,e-enacting and ,epealing F'o. %G, )ct 4:3 FTamil 'adu )ct ?%% of 4:3G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

1+-

obstruct or in any way interfere with any public drain, whether it passes through public or private ground. F2G The [#.ecutive )uthority! may remove or otherwise deal with anything placed or constructed in contravention of sub-section F G as he shall thinD fit and the cost of so doing shall be recoverable from the owner thereof in the manner provided in "ection /::. 1*'% C85s4r1c4i85 89 c1l<er4s 8r 0rai5#c8<eri5;s 2= 8A5er 8r 8cc17ier% 3 F G The [#.ecutive )uthority! may, by notice, reHuire the owner or occupier of any building or land adJoining a public street to construct culverts or drain-coverings over the side-channels or ditches at the entrances to the said building or land. F2G )ll culverts or drain-coverings or pials maintained over side-channels or ditches by the owners or occupiers of adJacent buildings or lands shall be of such form and size and consist of such materials and be provided with such means of ventilation as the [#.ecutive )uthority! may, by notice, reHuire and shall be maintained and Dept free from all obstruction at the e.pense of the said owners or occupiers. 1**% Mai54e5a5ce 89 4r81;?s a50 7i7es 98r ca4c?i5; Aa4er %3 The owner or occupier of any building in a public street, shall, within fifteen days after receipt of notice in that behalf from the [#.ecutive )uthority!, put up and thenceforward maintain proper troughs and pipes for catching and carrying the water from the roof and other parts of such building and for discharging such water in such manner as the [#.ecutive )uthority! may permit. %U5LIC LAT$INE#.
145. Pr8<isi85 89 712lic la4ri5es a50 1ri5als %3 The $ouncil shall, as far as the funds at its disposal may admit, provide and maintain in proper and convenient places a sufficient number of public latrines and shall cause the same to be daily cleansed and Dept in proper order.

%$I.ATE LAT$INE#. Pr8<isi85 89 la4ri5es 2= 8A5er 8r 8cc17ier %3 F G The [#.ecutive )uthority! may, by notice, reHuire the owner or occupier of any building within the time specified in such notice to provide a latrine or alter or remove from an unsuitable to a more suitable place any e.isting latrine in accordance with the directions contained in such notice for the use of the persons employed in or about or occupying such building and to Deep it clean and in proper order.
146.

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by "ection 1F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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F2G #very owner or occupier of the ground on which any group of si. or more huts stands shall provide latrines of such description and number and in such position as the [#.ecutive )uthority! may, by notice reHuire, within such time as may be fi.ed in the notice, for the use of the inhabitants of such huts. 1*-% Pr8<isi85 89 la4ri5es 98r la281rers %3 #very person employing worDmen, labourers or other persons e.ceeding ten in number, shall provide and maintain for the separate use of persons of each se. so employed latrines of such description and number and in such position as the [#.ecutive )uthority! may, by notice reHuire, within such time as may be fi.ed in the notice.
1*-% Pr8<isi85 89 la4ri5es 98r marDe4s, car4#s4a50s, ca44le#s?e0s, c?81l4r=, e4c% 3 The

[#.ecutive )uthority! may, by notice, reHuire the owner or manager of a marDet, cart-stand, cattle-shed, choultry, theatre, railway station, docD, wharf or other place of public resort within the time specified in such notice to provide and maintain for the separate use of persons of each se. latrines of such description and number and in such position as may be specified in such notice.
1*.% La4ri5es 48 2e scree5e0 9r8m <ieA a50 De74 clea5 %3 )ll latrines shall be so constructed as to screen persons using the same and the filth from the view of persons passing by or residing in the neighbourhood and shall be Dept clean and in proper order.

&ENE$AL %O!E$#
1*9% P8Aer 48 carr= Aire, 7i7es, 0rai5s, e4c%, 4?r81;? 7ri<a4e 7r87er4= s12Lec4 48 ca1si5; a4 li44le i5c85<e5ie5ces as 78ssi2le a50 7a=i5; 98r 0irec4 0ama;e %3 The [#.ecutive )uthority! may carry any cable, wire, pipe, drain or channel of any Dind to establish or maintain any system of drainage, water-supply 2 or lighting, through, across, under, or over any road, street or place laid out for a road or street, and after giving reasonable notice to the owner or occupier, through, across, under, over or up the side of, any land or building in the 7unicipality, and may place and maintain posts, poles, standards, bracDets, or other contrivances to support wires and lights on any pole or post in the 7unicipality not vested in the /[*overnment! :[CCC!! and may do all acts necessary or e.pedient for repairing or maintaining any such cable, wire, pipe, drain, channel, post, pole, standard, bracDet or other similar contrivance in an

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by "ection 1F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 2. For the purpose of 7unicipalities, Third *rade 7unicipalities and Town (anchayats within the $hennai 7etropolitan 0evelopment )rea, the words RWater "upplyS in section <0 and the words Ror with the house connection of any other personS in section < shall be omitted vide section 3< and (art-%% of the schedule to the $hennai 7etropolitan Water "upply and 0rainage )ct, 413 FTamil 'adu )ct 23 of 413G. /. This word was substituted for the words Qowned by the *overnment of %ndiaQ by the )daptation &rder of 4/1. :. The words Qand under the control of the $entral *overnmentQ were omitted by the )daptation F)mendmentG &rder of 4<0.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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effective state for the purpose of which it is intended to be used or for removing the same 5 (rovided that such worD shall be done so as to cause the least practicable nuisance or inconvenience to any person5 (rovided further that the [#.ecutive )uthority! shall, with the sanction of the $ouncil, pay compensation to any person who sustains damage by the e.ercise of such power.
1+1% Pr8?i2i4i85 a;ai5s4 maDi5; c855ec4i85 Ai4? mai5s Ai4?814 7ermissi85 %3 F G

'o person shall, without the permission of the [#.ecutive )uthority!, maDe any conne.ion with any municipal cable, wire, pipe, drain or channel [or with the house conne.ion of any other person.! F2G The [#.ecutive )uthority! may, by notice, reHuire any conne.ion made in contravention of sub-section F G to be demolished, removed, closed, altered or remade.
1+2% P8Aers i5 res7ec4 89 A8rDs 814si0e 4?e M15ici7ali4= %# F G The 7unicipal $ouncil shall not undertaDe new worDs beyond the limits of the 7unicipality without the sanction of the 2["tate *overnment!.

F2G The $ouncil may, in the e.ecution and for the purpose of any worDs beyond the limits of the 7unicipality sanctioned by the 2["tate *overnment! whether before or after the passing of this )ct, e.ercise all the powers which it may e.ercise within the 7unicipality throughout the line of the country through which conduits, channels, pipes, lines of posts and wires and the liDe run, and with the sanction of the 2["tate *overnment! FaG over any laDe, tanD or reservoir, from which a supply of water /[for drinDing!, for producing electric energy or for other purposes is derived, and over all lands within one mile of the high water level of any such laDe, tanD or reservoirN [for drinDing!, for producing electric energy or for other purposes is derived, within one mile above and half a mile below any point at which water is taDen for such useN and,
FbG over any lands used for sewage farms, sewage disposal tanDs, filters and other FbG over any water-course from which a supply of water
/

worDs connected with the drainage of the 7unicipality.

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by "ection 1F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 2. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. /. For the purpose of 7unicipalities, Third *rade 7unicipalities and Town (anchayats within the $hennai 7etropolitan 0evelopment )rea, the words Rfor drinDingS in clauses FaG and FbG of sub section F2G of section <2 shall be omitted vide section 3< and (art-%% of "chedule to the $hennai 7etropolitan Water "upply and 0rainage )ct, 413 FTamil 'adu )ct 23 of 413G.

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$+)(T#, ?%%%. SCAVEN&IN& 1+'% M15ici7ali4= 48 arra5;e 98r 4?e rem8<al 89 r122is? a50 9il4?%# #very 7unicipal $ouncil shall maDe adeHuate arrangements for 3 FaG the regular sweeping and cleansing of the streets and removal of sweepings therefrom N FbG the daily removal of filth and the carcasses of animals from private premises N and FaG the daily removal of rubbish from dustbins and private premises N and with this obJect it shall provide O FiG depots for the deposits of filth, rubbish and the carcasses of animals N FiG covered vehicles or vessels for the removal of filth N FiG vehicles or other suitable means for the removal of the carcasses of large animals and rubbish N FiiG dustbins for the temporary deposit of rubbish. @1+*% CCC! @1++% CCC @1+,% C854ri214i85s 9r8m 7ers85s ?a<i5; c854r8l 8<er 7laces 89 7il;rima;e, e4c %3 Where a mosHue, temple, mutt or any place of religious worship or instruction or any place which is used for holding fairs, festivals or for other liDe purposes is situated within the limits of a 7unicipality or in the neighbourhood thereof and attracts either throughout the year or on particular occasions a large number of persons, any special arrangements necessary for public health, safety or convenience whether permanent or temporary shall be made by the 7unicipal $ouncil, and the $ouncil may reHuire the trustee or other person having control over such place to maDe such recurring or nonrecurring contribution as the /["tate *overnment! may determine to the funds of the 7unicipal $ouncil.!
2

PPPPPPPPPPPPPPPPPPPPPPPPP . This section was omitted by "ection 4: of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. This "ection was substituted for the original section by "ection 4< of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. /. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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1+-% Pr8?i2i4i85 89 im7r87er 0is78sal 89 carcasses, r122is? a50 9il4?% 3 'o person shall after due provision has been made under "ection </ by the 7unicipal $ouncil for the deposit and removal of the same , 3 (a) deposit the carcasses of animals, rubbish or filth, in any street, or on the verandah of any building, or on any unoccupied ground alongside any street, or on any public Huarry, Jetty or landing-place, or on the banD of a water-course or tanD N or
(b) deposit filth or carcasses of animals in any dustbin or in any vehicle not intended

for the removal of the same N or (c) deposit rubbish in any vehicle or vessel intended for the removal of filth save for the purpose of deodorizing or disinfecting the filth. @1+.%E Pr8?i2i4i85 a;ai5s4 Dee7i5; 9il4? 85 7remises 488 l85; e4c% O'o owner or occupier of any premises shall Deep or allow to be Dept for more than twenty-four hours any filth on such premises or any building or on the roof thereof or in any out-building or any place belonging thereto, or fail to comply with any reHuisition of the 2[#.ecutive )uthority! so as to the construction, repair, paving or cleansing of any latrine on or belonging to his premises.
/

[C C C!

159. Pr8?i2i4i85 a;ai5s4 all8Ai5; 8149l8A 89 9il4? %# 'o owner or occupier of any premises shall allow the water from any sinD, drain, latrine or stable, or any other filth to flow out of such premises to any portion of a street e.cept a drain or a cesspool or to flow out of such premises in such a manner as to cause an avoidable nuisance by the soaDage of the said water or filth into the walls or ground at the side of a drain forming a portion of a street.

Pr8?i2i4i85 a;ai5s4 1si5; a5= car4 Ai4?814 c8<er i5 4?e rem8<al 89 9il4?, e4c% 3 'o person shall, in the removal of filth, use any cart or receptacle not having a covering proper for preventing the escape of the contents thereof, or of the stench therefrom, or intentionally or negligently spill any filth in the removal thereof, or omit carefully to sweep and clean every place in which any such filth has been spilled, or place or set down in any public place any filth whether in a vessel closed or open.
159.

Pr8?i2i4i85 a;ai5s4 4?r8Ai5; r122is? 8r 9il4? i548 0rai5s .O'o person shall put or cause to be put any rubbish or filth into any public drain not intended for rubbish or filth or into any drain communicating with any such public drain.
160.

PPPPPPPPPPPPPPPPPPPPPPPPP . "ub-section F G of "ection <3 was omitted and sub-section F2G was renumbered as "ection <3 by "ection 4= F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. These words were substituted for the word Q$hairmanQ by "ection 1F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. /. The proviso to "ection <3 as renumbered was omitted by "ection 4= F2G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G.

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$+)(T#, %@. STREETS% %u7lic streets. 1,2% Mai54e5a5ce a50 re7air 89 s4ree4s%3 1@(1"E The 7unicipal $ouncil shall, at the cost of the municipal fund, cause the public streets and bridges to be maintained and repaired and may from the same fund meet the cost of all improvements to the same which are necessary or e.pedient for the public safety or convenience. [F2G The $ouncil may entrust to any other local authority with the consent of such authority the maintenance of any public street or portion thereof, the cost of maintenance being provided by the $ouncil.! @1,2#A% Pla54i5; a50 7reser<a4i85 89 a<e51e 4rees %3 The 7unicipal $ouncil shall, at the cost of the municipal fund, cause trees to be planted at all convenient places on the sides of all public streets and maDe adeHuate arrangements to preserve such trees.! 1,'% P8Aers 89 M15ici7al A14?8ri4ies %3 F G The $ouncil mayO
FaG lay out and maDe new public streets N FbG construct bridges and sub-ways N FaG turn, divert or with the special sanction of the ["tate *overnment! permanently close any public street or part thereof N FcG widen, open, e.tend or otherwise improve any public street.
2

F2G ,easonable compensation shall be paid to the owners and occupiers of any land or buildings which are reHuired for or affected by any such purposes. 1,*% P8Aer 48 0is78se 89 7erma5e54l= cl8se0 s4ree4%3 F G When a public street is permanently closed under "ection =/, the 7unicipal $ouncil

PPPPPPPPPPPPPPPPPPPPPPPPP . "ection =2 was -re-numbered as sub-section F G of "ection =2 and a new sub-section F2G was added by "ection 41 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. %nserted by the Tamil 'adu )ct 2/ of 431.

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1,'

may, with the sanction of the ["tate *overnment! dispose of the site or of so much thereof as is no longer reHuired, in such manner as may be approved by the 2["tate *overnment!, provided that due compensation is made to any person inJured by such closing. F2G %n determining such compensation, allowance shall be made for any benefit accruing to the same premises or any adJacent premises belonging to the same owner from the construction or improvement of any other public street at or about the same time that the public street, on account of which the compensation is paid, is closed. 1,+% AcC1isi4i85 89 la50 a50 21il0i5;s 98r im7r8<eme54 89 s4ree4s% 3 F G The $ouncil may acHuire O
FaG any land reHuired for the purpose of opening, widening, e.tending, or otherwise improving any public street, or of maDing any new public street, and the buildings, if any, standing upon such landN and FbG any land outside the proposed street alignment, with the buildings, if any,

standing thereupon 5 (rovided that, in any case in which it is decided to acHuire any land under clause *%+ of this sub-section, the owner of such land may retain it by paying to the 7unicipal $ouncil an annual sum to be fi.ed by the $ouncil in that behalf, or a lump sum to be fi.ed by the $ouncil, not being less than twenty-five times such annual sum and subJect to such conditions as the $ouncil thinDs fit as to the description of the e.isting building, if any, the description of the new building Fif anyG to be erected, the period within which the new building Fif anyG shall be completed and any other similar matters.
F2G %f any sum payable in pursuance of the proviso to sub-section F G in respect of any

land be not duly paid, it shall be recoverable in the manner provided by this )ct for the collection of ta.es, and if not so recovered, the 2[#.ecutive )uthority! may enter upon the land, and sell it with any erections standing thereon, by public auction subJect to the conditions, if any, imposed under sub-section F G above and may deduct the said sum and the e.penses of the sale from the proceeds of the sale and shall pay the balance Fif anyG to the defaulter.
F/G )ny sum paid in pursuance of the proviso to sub-section F G or recovered under sub-section F2G in respect of any land shall be left out of account in determining the annual value of such land for the Epurpose of assessing it to the property ta..

PPPPPPPPPPPPPPPPPPPPPPPPP . The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. 2. These words were substituted for the word Q$hairmanQ by "ection 1F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

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F:G )ny land or building acHuired under sub-section F G, clause FbG, may be sold, leased or otherwise disposed of after public advertisement, and any conveyance made for that purpose may comprise such conditions as the $ouncil thinDs fit as to the removal of the e.isting building, if any, the description of the new building Fif anyG to be erected, the period within which the new building Fif anyG shall be completed and any other similar matters. F<G The $ouncil may reHuire any person to whom any land or building is transferred under sub-section F:G to comply with any conditions comprised in the said conveyance before it places him in possession of the land or building.

1,,% P8Aer 48 7rescri2e 21il0i5; li5e a50 s4ree4 ali;5me54 .O The $ouncil may O
FaG prescribe for any public street a building line or a street alignment or both N FaG from time to time, define a fresh line in substitution for any line so defined or for any part thereof 5

(rovided that in either case O


FiG at least one month before the meeting of the $ouncil at which the matter is decided,

public notice of the proposal has been given and special notice thereof has also been put up in the street or part of the street for which such line is proposed to be defined N and
FiiG the $ouncil consider all obJections to the said proposal made in writing and

delivered at the municipal office not less than three clear days before the day of such meeting. 1,-% )1il0i5;s 584 48 2e c85s4r1c4e0 Ai4?i5 s4ree4 ali;5me54 8r 21il0i5; li5e% 3 F G 'o person shall construct any portion of any building within a street alignment defined under "ection ==. F2G 'o person shall erect or add to any building between a street alignment and a building line defined under "ection == e.cept with [the! permission of the 2[#.ecutive )uthority! who may when granting [the! permission impose such conditions as the $ouncil may lay down for such cases. 1,.% Se44i5; 2acD 7r8Lec4i5; 21il0i5;s 8r Aalls .O F G When any building or part thereof abutting on a public street is within a street alignment defined under "ection l==, the 2 [#.ecutive )uthority! may, whenever it is proposed O

PPPPPPPPPPPPPPPPPPPPPPPPP . This word was inserted by "ection / F G of, and the "econd "chedule to, the Tamil 'adu ,epealing and )mending )ct, 4< FTamil 'adu )ct @%? of 4< G. 2. These words were substituted for the word Q$hairmanQ by "ection 1F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

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FaG to rebuild such building or taDe it down to an e.tent e.ceeding one-half thereof

above the ground level, such half to be measured in cubic feet, or


FbG to remove, re-construct or maDe any addition to any portion of such building which is within the street alignment, in any order which he issues concerning the re-building, alteration or repair of such building, reHuire such building, to be set bacD to the street alignment. F2G When any building or any part thereof within the street alignment falls down or is

burnt down or is,, whether by order of the [#.ecutive )uthority! or otherwise, taDen down, or when any private land without any building thereon lies within the street alignment, the E[#.ecutive )uthority! may forthwith taDe possession on behalf of the $ouncil of the portion of land within the street alignment and, if necessary, clear it.
F/G 9and acHuired under this section shall be deemed a part of the public street and shall vest in the 7unicipal $ouncil. F:G When any building is set bacD in pursuance of any reHuisition made under sub-

section F G, or when the [#.ecutive )uthority! taDes possession . of any land under subsection F2G, the $ouncil shall forthwith maDe full compensation to the owner for any direct damage which he may sustain thereby. E'planation .( The e.pression )di7&84 d101>&) as used in sub-section F:G with reference to land means the marDet value of the land taDen and the depreciation, if any, in the ordinary marDet value of the rest of the land resulting from the area being reduced in sizeN but does not include damage due to the prospective loss of any particular use to which the owner may allege that he intended to put the land, although such use may be inJuriously affected by the reduction of the site. 1,9% Se44i5; 21il0i5;s 98rAar0 48 im7r8<e li5e 89 s4ree4 %3 The $ouncil may, upon such terms as it thinDs fit, allow any building to be set forward for the purpose of improving the line of a public street and may, by notice, reHuire any building to be so set forward in the case of reconstruction thereof or of a new construction. E'planation (B For the purpose of this section, a wall separating any premises from a public street shall be deemed to be a buildingN and it shall be deemed a sufficient compliance with permission or reHuisition to set forward a building to the street alignment if a wall of such material and dimensions as are approved by the [#.ecutive )uthority! is erected along the said line.

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

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1,,

1-0% Pr8Lec4e0 s4ree4s .O F G The $ouncil may prepare schemes and plans of proposed public streets, showing the direction of such streets, the street alignment and building line on each side of them, their intended width and such other details as may appear desirable.
F2G The width of such proposed street shall not [ordinarily! be less than forty feet, or

in any area covered by huts, twenty feet. 2 [CCC!


F/G %t shall be the duty of the $ouncil to lay out public streets in areas covered by huts, so far as may be practicable, both for the purpose of securing proper ventilation for huts in such areas, and in view to the contingency of buildings being erected therein. F:G When any plan has been prepared under sub-section F G, the street to which it

refers shall be deemed to be a proJected public street, and the provisions of "ection =3 shall apply to all buildings, so far as they stand across the street alignment or building line of the proJected street. 1-1% (a4eri5; 89 s4ree4s .O The $ouncil shall, so far as it considers it reHuisite for the public convenience, and so far as funds permit, cause the chief public streets to be watered, and for that purpose may provide such water-carts, animals and apparatus as it thinDs necessary. 1-2% Tem78rar= cl8s1re 89 s4ree4s .O The /[#.ecutive )uthority! may, by an order in writing, temporarily close any street to traffic for repair, or in order to carry out any worD connected with drainage, :[water-supply! or lighting or any of the purposes of this )ct 5 (rovided that such worD shall be completed and such street re-opened to traffic with all reasonable speed. 1-'% Pr84ec4i85 89 a771r4e5a5ces a50 ma4erials 89 s4ree4s .O %t shall not be lawful for any person, without the permission of the /[#.ecutive )uthority!, to displace, taDe up, or maDe any alteration in the fences, posts, pavement, flags or other materials of any public street. 1-*% P8Aer 89 M15ici7ali4= 48 rec8<er e67e5ses ca1se0 2= e64ra8r0i5ar= 4ra99ic% 3 When by a certificate of an officer of the *overnment (ublic WorDs 0epartment of a ranD not below that of #.ecutive #ngineer, it

PPPPPPPPPPPPPPPPPPPPPPPPP . This word was inserted by "ection 43FiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. The proviso to sub-section F2G was omitted by "ection 43FiiG, i%id( /. These words were substituted for the word Q$hairmanQ by "ection 1F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. :. &mitted in the respect of $hennai $ity 7etropolitan 0evelopment )uthority. "ee "chedule to the Tamil 'adu )ct 23 of 413.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

1,-

appears to the $ouncil that, having regard to the average e.pense of repairing roads in the neighbourhood, e.traordinary e.penses have been incurred by the 7unicipal $ouncil in repairing a street by reason of the damage caused by e.cessive weight passing along the street, or e.traordinary traffic thereon, the $ouncil may recover in the $ivil $ourt having Jurisdiction from any person by or in conseHuence of whose order such weight or traffic has been conducted the amount of such e.penses as may be proved to the satisfaction of such $ourt to have been incurred by such $ouncil by reason of the damage arising from such weight or traffic as aforesaid 5 (rovided that any person against whom e.penses are or may be recoverable under this section may enter into an agreement with the $ouncil for the payment to it of a composition in respect of such weight or traffic and thereupon the persons so paying shall not be subJect to any proceedings under this section. [ 1:-).C C C! %$I.ATE #T$EET#
175. A5er:s 82li;a4i85 48 maDe a s4ree4 A?e5 0is78si5; la50 as 21il0i5; si4es %3 %f 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 cases as the site or sites may abut on an e.isting public or private street, lay down and maDe a street or streets or road or roads giving access to the site or sites and connecting with an e.isting public or private street. 175. MaDi5; 89 5eA 7ri<a4e s4ree4s %3 F G )ny person intending to maDe or lay out a new private street shall send to the municipal office a written application with plans and sections showing the following particulars, namely 5FaG the intended level, direction and width of the street, FbG the street alignment and the building line, and FaG the arrangements to be made for levelling, paving, metalling, flagging,

channelling, C[sewering,! draining, conserving and lighting the street. F2G The provisions of this )ct and of any rules or by-laws made under this )ct as to the level and width of public streets and the height of buildings abutting thereon shall apply also in the case of streets referred to in sub-section F G N and all the particulars referred to in that sub-section shall be subJect to approval by the $ouncil.

PPPPPPPPPPPPPPPPPPPPPPPPP . "ection 1:-) was omitted by "ection = FiG of the Tamil 'adu Traffic $ontrol )ct, 4/3 FTamil 'adu )ct ? of 4/3G. C Tamil 'adu )ct 23 of 413.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

1,.

F/G Within si.ty days after the receipt of any application under sub-section F G, the $ouncil shall either sanction the maDing of the street on such conditions as it may thinD fit or disallow it, or asD for further information with respect to it. F:G "uch, sanction may be refused O
FiG if the proposed street would conflict with any arrangements which have been made, or which are in the opinion of the $ouncil liDely to be made for carrying out any general scheme for the laying out of streets, FiG if the proposed street does not conform to the provisions , of Ethe )ct, rules and by-laws referred to in sub-section F2G, or

if the proposed street is not designed so as to connect at one end with a street which is already open.
FiG

F<G 'o person shall maDe or lay out any new private street without or otherwise than in conformity with the orders of the $ouncil. %f further information is asDed for, no steps .shall be taDen to maDe or lay out the street until orders have been passed upon receipt of such information5 (rovided that the passing of such order shall not in any case be delayed for more than si.ty days after the $ouncil has received all the information which it considers necessary to enable it to deal finally with the said application. )ny application not disallowed within a period of one hundred and twenty days from the date of receipt in the municipal office shall be deemed to have been sanctioned. 1--% Al4era4i85 8r 0em8li4i85 89 s4ree4 :ma0e i5 2reac? 89 Sec4i85 1-, %3 F G %f any person maDes or lays out any street referred to in "ection 1= without or otherwise than in conformity with the orders of the $ouncil, the [#.ecutive )uthority! may, whether or not the offender be prosecuted under this )ct, by notice O
FaG reHuire the offender to show sufficient cause, by a written statement signed by

him and sent to the E[#.ecutive )uthority! on or before such day as may be specified in the notice, why such street should not be altered to the satisfaction of the [#.ecutive )uthority! or if such alteration be impracticable, why such street should not be demolished, or
FaG reHuire the offender to appear before the [#.ecutive )uthority! either personally

or by a duly authorised agent on such day and at such time and place as may be specified in the notice, and show cause as aforesaid.

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

1,9

F2G %f any person on whom such notice is served fails to, show sufficient cause to the satisfaction of the [#.ecutive )uthority! why such street should not be so altered or demolished, the [#.ecutive )uthority! may pass an order directing the alteration or demolition of such street. P8Aer 89 1@E6ec14i<e A14?8ri4=E 48 8r0er A8rD 48 2e carrie0 814 8r 48 carr= i4 814 ?imsel9 i5 0e9a1l4 %3 F G %f any private street or part thereof is not levelled, paved, metalled, flagged, channelled, drained, conserved or lighted to the satisfaction of the [#.ecutive )uthority!, he may by notice, reHuire the owners or occupiers of buildings or lands fronting or abutting on such street or part thereof to carry out any worD which in his opinion may be necessary and within such time as may be specified in such notice.
178.

F2G %f such worD is not carried out within the time specified in the notice, the [#.ecutive )uthority! may, if he thinDs fit, e.ecute it and the e.penses incurred shall be paid by the owners or occupiers in default according to the frontage of their respective buildings or lands and in such proportion as may be settled by the [#.ecutive )uthority!. Ri;?4 89 8A5ers 48 reC1ire s4ree4 48 2e 0eclare0 712lic %3 %f any street has been levelled, paved, metalled, flagged, channelled, drained, conserved and lighted under the provisions of "ection 13, such street shall, on the reHuisition of not less than three-fourths of the owners thereof, be declared a public street.
179.

Encroachment on streets
180. Pr8?i2i4i85 a;ai5s4 82s4r1c4i85s i5 8r 8<er s4ree4s .O'o one shall build any wall or erect any fence or other obstruction, or proJection, or maDe any encroachment in or over any street, e.cept as hereinafter provided.

@1.0#A% P12lic s4ree4s 87e5 48 all %3 )ll streets vested in or to be vested in or maintained by a 7unicipal $ouncil shall be open to persons of whatever caste or creed.!
181. Pr8?i2i4i85 a50 re;1la4i85 89 088rs, ;r8150#9l88r Ai508As a50 2ars 87e5i5; 814Aar0s %3 F G 'o door, gate, bar or ground-floor window shall, without a licence from the [#.ecutive )uthority!, be hung or placed so as to open outwards upon any street.

F2G The [#.ecutive )uthority! may, by notice, reHuire the owner of such door, gate, bar or window to alter it so that no part thereof when open shall proJect over the street

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 2. This section was inserted by "ection 2 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 424 FTamil 'adu )ct @?%% of 424G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

1-0

1.2% Rem8<al 89 e5cr8ac?me54s %3 F G The [#.ecutive )uthority! may, by notice, reHuire the owner or occupier of any premises to remove or alter any proJection, encroachment or obstruction Fother than a door, gate, bar or ground-floor windowG situated against or in front of such premises and in or over any street. F2G %f the owner or occupier of the premises proves that any such proJection, encroachment or obstruction has e.isted for a period sufficient under the law of limitation to give any person a prescriptive title thereto or that it was erected or made with the permission or licence of any municipal authority duly empowered in that behalf, and that the period, if any, for which the permission or licence is valid has not e.pired, the 7unicipal $ouncil shall maDe reasonable compensation to every person who suffers damage by the removal or alteration of the same. 1.'% P8Aer 48 all8A cer4ai5 7r8Lec4i85s a50 erec4i85s %3 F G The $ouncil may grant a licence, subJect to such conditions and restrictions as it may thinD fit, to the owner or occupier of any premises to put up verandas, balconies, sunshades, weather-frames and the liDe, to proJect over a street, or in streets in which the construction of arcades has been sanctioned by the $ouncil, to put up an arcade N or to construct any step or drain-covering necessary for access to the premises. [F2G The [#.ecutive )uthority! may grant a licence, subJect to such conditions and restrictions as he may thinD fit, for the temporary erection of pandals and other structures in a public street vested in the $ouncil or in any other public place the control of which is vested in the $ouncil. F/G The $ouncil shall have power to lease road sides and street margins vested in it for occupation on such terms and conditions and for such period as the $ouncil may fi..
F:G 2ut neither a licence under sub-section F G nor a lease under subsection F/G shall be granted if the proJection, construction or occupation is liDely to be inJurious to health or cause public inconvenience or otherwise materially interfere with the use of the road as such. F/G The /["tate *overnment! may, by notification, restrict and place under such control as they may thinD fit, the e.ercise by 7unicipal $ouncils in general or by any 7unicipal $ouncil in particular, of the powers under sub-sections F G and F/G.
2

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by "ection 1F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 2. "ub-sections F2G to F=G were substituted for the original sub-sections F2G and F/G by "ection 00 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. /. The words Q(rovincial *overnmentQ were substituted, for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

1-1

F=G &n the e.piry of any period for which a licence has been granted under this section, the [#.ecutive )uthority! may, without notice, cause any proJection or construction put up under sub-section F G or F2G to be removed, and the cost of so doing shall be recoverable in the manner provided in "ection /:: from the person to whom the licence was granted.! 1.*% Preca14i85s 01ri5; re7air 89 s4ree4s,3 F G The [#.ecutive )uthority! shall, during the construction or repair of any street, drain or premises vested in the 7unicipal $ouncil O FaG cause the same to be fenced and guarded,
FbG taDe proper precautions against accident by shoring up and protecting the adJoining buildings, and FcG cause such bars, .chains or posts to be fi.ed across or in any street in which any

such worD is under e.ecution as are necessary in order to prevent the passage of vehicles or animals and avert danger.
F2G The [#.ecutive )uthority! shall cause such drain, street or premises to be sufficiently lighted or guarded during the night while under construction or repair. F/G The [#.ecutive )uthority! shall, with all reasonable speed, complete the said worD, fill in the ground, and repair the said drain, street, or premises and remove the rubbish occasioned thereby.

1.+% Pr8?i2i4i85 a;ai5s4 rem8<al 89 2ars a50 li;?4s %3 'o person shall, without lawful authority, remove any bar, chain, post or shoring timber or remove or e.tinguish any light set up under "ection 3:.
1.,% Pr8?i2i4i85 a;ai5s4 maDi5; ?8les a50 ca1si5; 82s4r1c4i85 %3(l" 'o person shall maDe a hole or cause any obstruction in any street, unless, he previously obtains the permission of the [#.ecutive )uthority! and complies with such conditions as that officer may impose.

F2G When such permission is granted, such person shall, at his own e.pense., cause such hole or obstruction to be sufficiently fenced and enclosed until the hole or obstruction is filled up or removed and shall cause such hole or obstruction to be sufficiently lighted during the night.
1.-% Lice5ce 98r A8rD 85 21il0i5;s liDel= 48 ca1se 82s4r1c4i85 .O%f any person intends to construct or demolish any building or to alter or repair the outward part thereof, and if any street, or footway is liDely to be obstructed or

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word E$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. .

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

1-2

rendered inconvenient by means of such worD, he shall first obtain a licence from theE [#.ecutive )uthority! in that behalf and shall also O
FaG cause the said building to be fenced and guarded, FaG sufficiently light it during the night, and FbG taDe proper precautions against accidents during such times as the public safety or convenience reHuires.

1..% Cleari5; 89 0e2ris 89 9alle5 ?81ses e4c%, 2= 8cc17iers .O %f 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 [#.ecutive )uthority! may, by notice allow, clear the street of such obstruction.
2

-NAMIN& O3 #T$EET#8 ETC./

1.9% 2@Nami5; 89 712lic s4ree4s, e4c %3 F G With the approval of the "tate *overnment, the $ouncil shall give names or numbers to new public streets and shall also give name to parD, playground, bus-stand, arch or new municipal property and may, subJect to the approval of the "tate *overnment, alter the name or number of any public street, parD, playground, bus-stand, arch or municipal property
/

[CCC6
F2G The [#.ecutive )uthority! shall cause to be put up or painted in #nglish and in at

least one vernacular language on a conspicuous part of some building, wall or place, at or near each end, corner or entrance the name of every public street.
F2G 'o person shall, without lawful authority, destroy, pull down, or deface any such

name or put up any name different from that put up by order of the [#.ecutive )uthority!. NUM5E$# ON 5UILDIN&# 190% N1m2eri5; 89 21il0i5;s %3 F G The [#.ecutive )uthority! may cause a number to be affi.ed to the side or outer door of any building or to some place at the entrance of the premises.

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word E$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 2. "ubstituted by the Tamil 'adu )ct /0 of 414. /. (roviso was omitted by the Tamil 'adu 7unicipal 9aws F)mendmentG )ct, 440 FTamil 'adu )ct 4 of 440G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

1-'

F2G 'o person shall, without lawful authority, destroy, pull down or deface any such

number.
F/G When a number has been affi.ed under sub-section F G, the owner of the building

shall be bound to maintain such number and to replace it if removed or defaced N and if he fails to do so, the [#.ecutive )uthority! may, by notice, reHuire him to replace it.

PPPPPPPPPPPPPPPPPPPPPPPPP These words were substituted for the word E$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

1-*

$+)(T#, @. )UILDIN& RE&ULATI NS% &ENE$AL %O!E$#. 191% )1il0i5; r1les %3 F G The ["tate *overnment! may maDe rules FaG for the regulation or restriction of the use of sites for building N and
FaG for the regulation or restriction of building.

F2G Without preJudice to the generality of the power conferred by subsection F G, clause FaG, rules made under that clause may provide O
FaG that no insanitary or dangerous site shall be used for building N and FbG that no site shall be used for the construction of a building intended for public

worship, if the construction of the building thereon will wound the religious feelings of any class of persons. F/G Without preJudice to the generality of the power conferred by sub- section F G, clause FbG, rules made under that clause may provide for the following matters 5O
FaG information and plans to be submitted together with applications for permission

to build N
FbG height of buildings, whether absolute or relative to the width of streets N FaG level and width of foundation, level of lowest floor, and stability of structure N FcG number and height of storeys composing a building and height of

rooms N
FbG provision of sufficient open space, e.ternal or internal, and adeHuate means of

ventilationN

PPPPPPPPPPPPPPPPPPPPPPPPP . The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

1-+

[FeeG number of trees to be planted and preserved around a building N! F 9 2 provision of means of egress in case of fire N
FgG provision of secondary means of access for the removal of filth N FgG materials and methods of construction of e.ternal and party walls, roofs and

floors N
FhG position, materials and methods of construction of hearths, smoDe-escapes, chimneys, staircases, latrines, drains, 2[cesspools! N

F L+ paving of yards N *?+ restrictions on the use of inflammable materials in building N and [FDG in the case of wells, the dimensions of the well, the manner of enclosing it, and if the well is intended for drinDing purposes, the means which shall be used to prevent pollution of the water.!
192.
2

)1il0i5; si4e a50 c85s4r1c4i85 8r rec85s4r1c4i85 89 21il0i5;s . 3

'o piece of land shall be used as a site for the construction of a building and no building shall be constructed or reconstructed otherwise than in accordance with the provisions of this (art and of any rules or by-laws, made under this )ct relating to the use of building-sites or the construction or reconstruction of buildings 5 (rovided that the /["tate *overnment! may in respect of all 7unicipalities or with the consent of the 7unicipal $ouncil, in respect of any particular 7unicipality or portion thereof, e.empt all buildings or any class of buildings from all or any of the provisions of this $hapter or the said rules.
192. P8Aer 89 C815cil 48 re;1la4e 9141re c85s4r1c4i85 89 cer4ai5 classes 89 21il0i5;s i5 7ar4ic1lar s4ree4s 8r l8cali4ies %3 F G The $ouncil may give public notice of its intention to declare O

*1+ that in any streets or portions of streets specified in the notice


FiG continuous building will be allowed,

the elevation and construction of the frontage of all buildings thereafter constructed or reconstructed shall, in respect of their architectural features, be such as the $ouncil may consider suitable to the locality, or
FiG

PPPPPPPPPPPPPPPPPPPPPPPPP . %nserted by Tamil 'adu )ct 2/ of 431. 2. &mitted in respect of $hennai $ity 7etropolitan 0evelopment )uthority. "ee the Tamil 'adu )ct 23 of 413. /. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

1-,

FbG that in any localities specified in the notice, the construction of only detached

buildings will be allowedN or


FcG that in any streets, portions of streets or localities specified in the notice, the construction of shops, warehouses, factories, huts, or buildings of a specified architectural character or buildings destined for particular uses will not be allowed, without the special permission of the $ouncil. F2G 'o obJections to any such declaration shall be received after a period of three months from the publication of such notice. F2G The $ouncil shall consider all obJections received within the said period and may

then confirm the declaration, and before doing so, may modify it but not so as to e.tend its effect.
F/G The [#.ecutive )uthority! shall publish any declaration so confirmed and it shall

taDe effect from the date of application.


F:G 'o person shall, after the date of publication of such declaration, construct or

reconstruct any building in contravention of any such declaration. 19*% )1il0i5;s a4 c8r5er 89 s4ree4s %3 The $ouncil may reHuire any building intended to be erected at the corner of two streets to be rounded off or splayed off to such height and to such e.tent otherwise as it may determine, and may acHuire such portion of the site at the corner as it may consider necessary for public convenience or amenity.
F2G For any land so acHuired, the 7unicipal $ouncil shall pay compensation. F2G %n determining such compensation, allowance shall be made for any benefit accruing to the same premises from the improvement of the streets.

19+% Pr8?i2i4i85 a;ai5s4 1se 89 i59lamma2le ma4erials 98r 21il0i5;s Ai4?814 7ermissi85 %3 'o e.ternal roof, veranda, pandal or wall of a building shall be constructed or reconstructed of grass, leaves, mats, or other inflammable materials e.cept with the permission of the [#.ecutive )uthority!. 19,% Pr8?i2i4i85 a;ai5s4 c85s4r1c4i5; 088rs, ;r8150#9l88r Ai508As a50 2ars s8 as 48 87e5 814Aar0s %3 'o door, gate, bar, or ground-floor window which opens on any public streets shall be constructed or reconstructed so as to open outwards e.cept with the 2[licence of the #.ecutive )uthority! under "ection 3 .

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 2. These words were substituted for the words Q$hairmanEs licenceQ by "ection 1F2G, i%id(

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

1--

5UILDIN&# OTHE$ THAN HUT#

19-% A77lica4i85 48 c85s4r1c4 8r rec85s4r1c4 21il0i5; %3 F G %f any person intends to construct or reconstruct a building other than a hut, he shall send to the 2[#.ecutive )uthority!
FaG an application in writing for the approval of the site, together with a site plan of

the land N and


FbG an application in writing for permission to e.ecute the worD together with a

ground-plan, elevations and sections of the, building, and a specification of the worD. -E'planation .O 2uildingE in this sub-section shall include a wall or fence of whatever height bounding or abutting on any public street.! F2G #very document furnished under sub-section F G shall contain such particulars and be prepared in such manner as may be reHuired under rules or by-laws. 19.% Necessi4= 98r 7ri8r a77r8<al 89 si4e %3 The 2[#.ecutive )uthority! shall not grant permission to construct or reconstruct a building unless and until he has approved of the site on an application made under "ection 41. 199% Pr8?i2i4i85 a;ai5s4 c8mme5ceme54 89 A8rD Ai4?814 7ermissi85 %3 The construction or reconstruction of a building shall not be begun unless and until the 2 [#.ecutive )uthority! has granted permission for the e.ecution of the worD. 200% Peri80 Ai4?i5 A?ic? E6ec14i<e A14?8ri4= is 48 si;5i9= a77r8<al 8r 0isa77r8<al % 3 Within thirty days after the receipt of any application made under "ection 41 for approval of a site or of any information or further information reHuired under rules or bylaws, the 2[#.ecutive )uthority! shall by written order either approve the site or refuse on one or more of the grounds mentioned in "ection 20/ to approve the site. 201% Peri80 Ai4?i5 A?ic? 2@E6ec14i<e A14?8ri4=E is 48 ;ra54 8r re91se 48 ;ra54 7ermissi85 48 e6ec14e A8rD %3 Within thirty days after the receipt
J

PPPPPPPPPPPPPPPPPPPPPPPPP . >nder "ection <-)F G of the Tamil 'adu $inemas ,egulation )ct, 4<< FTamil 'adu )ct %@ of 4<<G, the provisions of the Tamil 'adu 0istrict 7unicipalities )ct, 420 FTamil 'adu )ct ? of 420G, shall not apply to any application made under that section by any person who intends to use any site for constructing a building thereon for the e.hibition of cinematograph films, or to construct or reconstruct any building for such e.hibition, or to install any machinery in any place where cinematograph e.hibitions are proposed to be given. 2. These words were substituted for the word Q$hairmanE by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. /. This #.planation was added by "ection 0 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

1-.

of any application made under "ection 41 for permission to e.ecute any worD or of any information or of documents or further information or documents reHuired under rules or bylaws, the [#.ecutive )uthority! shall by written order either grant such permission or refuse on one or more of the grounds mentioned in "ection 20/ to grant it 5 (rovided that the said period of thirty days shall not begin to run until the site has been approved under "ection 200. @E6ec14i<e A14?8ri4=E 0ela=s ;ra54 8r re91sal 89 a77r8<al 8r 7ermissi85 %3 F G %f, within the period prescribed by "ection 200 or "ection 20 , as the case may be, the [#.ecutive )uthority! has neither given nor refused his approval of a building site, or his permission to e.ecute any worD, as the case may be, the $ouncil shall be bound, on the written reHuest of the applicant, to determine by written order whether such approval or permission should be given or not. F2G %f the $ouncil does not, within one month from the receipt of such written reHuest, determine whether such approval or permission should be given or not, such approval or permission shall be deemed to have been given N and the applicant may proceed to e.ecute the worD, but not so as to contravene any of the provisions of this )ct or any rules or by-laws made under this )ct.
20'% &r8150s 85 A?ic? a77r8<al 89 si4e 98r, 8r lice5ce 48 c85s4r1c4 8r rec85s4r1c4 202% Re9ere5ce 48 C815cil i9
1

21il0i5;, ma= 2e re91se0 %3 The only grounds on which approval of a site for the construction or reconstruction of a building or permission to construct or reconstruct a building may be refused are the following, namely 5O
F G that the worD, or use of the site for the worD or any of the particulars comprised in the site plan, ground plan, elevations, sections or specification would contravene some specified provision of any law, or some specified order, rule, declaration or by-law made under any lawN F G that the application for such permission does not contain the particulars or is not prepared in the manner reHuired under rules or by-laws N F2G that any of the documents referred to in "ection 41 have not been signed as reHuired under rules or by-laws N F/G that any information or documents reHuired by the [#.ecutive )uthority! under rules or by-laws has or have not been duly furnished N F:G that streets or roads have not been made as reHuired by "ection 1< N or

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

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F=G that the proposed building would be an encroachment upon [*overnment or municipal land.! Whenever the 2[#.ecutive )uthority! or the $ouncil refuses to approve a building-site for a building or to grant permission to construct or reconstruct a building, the reasons for such refusal shall be specifically stated in the order or resolution. 20*. La7se 89 7ermissi85 %3 %f the construction or reconstruction of any building is not completed within the period specified, the permission shall lapse and a fresh application shall be made before the worD is continued. 20+% P8Aer 89 E6ec14i<e A14?8ri4= 48 reC1ire al4era4i85 89 A8rD % F G %f the 2[#.ecutive )uthority! finds that the worD O
FaG is otherwise than in accordance with the plans or specifications which have been

approvedN or.
FbG contravenes any of the provisions of this )ct or any by-law, rule, order or

declaration made thereunder, he may, by notice, reHuire the owner of the building within a period stated either
FiG to maDe such alterations as may be specified in the said notice with the obJect of bringing the worD into conformity with the said plans or provisions, or FiG to show cause why such alterations should not be made. F2G %f the owner does not show cause as aforesaid, he shall be bound to maDe the

alterations specified in such notice.


F/G %f the owner shows cause as aforesaid, the 2[#.ecutive )uthority! shall, by an order,

cancel the notice issued under sub-section F G, or confirm the same subJect to such modifications as he may thinD fit. 20,% S4877a;e 89 A8rD e50a5;eri5; ?1ma5 li9e % 3 'otwithstanding anything contained in any of the preceding sections, the 2[#.ecutive )uthority! may, at any time, stop the construction or reconstruction of any building if in his opinion the worD in progress endangers human life. !ELL# 20-% A77lica4i85 89 cer4ai5 sec4i85s 48 wells .O The provisions of "ection

PPPPPPPPPPPPPPPPPPPPPPPPP . The words Q$rown or municipal landQ were substituted for the words Q*overnment or municipal landQ by the )daptation &rder of 4/1 and the word Q*overnmentQ was substituted for Q$rownQ by the )daptation &rder of 4<0. 2. These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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41, "ection 43, "ection 44, "ection 20:, "ection 20< and "ection 20= shall [not apply to water worDs and sewerage worDs within the meaning of the $hennai 7etropolitan Water "upply and "ewerage )ct, 413!. HUT# 20.% A77lica4i85 48 c85s4r1c4 8r rec85s4r1c4 ?14s%3 F G #very person who intends to construct or reconstruct a hut shall send to the 2[#.ecutive )uthority! --FaG an application for permission to e.ecute the worD N and FbG a site-plan of the land.

F2G #very such application and plan shall contain the particulars and be prepared in the manner reHuired by rule or by-law.
209% Pr8?i2i4i85 a;ai5s4 c8mme5ceme54 89 A8rD Ai4?814 7ermissi85%3 The construction or reconstruction of a hut shall not be begun unless and until 2[#.ecutive )uthority! has granted permission for the e.ecution of the worD on an application sent to him under "ection 203. 209% Peri80 Ai4?i5 A?ic? 2@E6ec14i<e A14?8ri4=E is 48 ;ra54 8r re91se 48 ;ra54

7ermissi85 48 e6ec14e 4?e A8rD%3 Within fourteen days after the receipt of any application made under "ection 203 for permission to construct or reconstruct a hut or of any information or plan or further information or fresh plan reHuired under rules or by-laws, the 2[#.ecutive )uthority! shall by written order either grant such permission or refuse on one or more of the grounds mentioned in "ection 2 2 to grant it.
210% Re9ere5ce 48 C815cil i9 2@E6ec14i<e A14?8ri4=E 0ela=s 7assi5; 8r0ers %3 F G %f,

within the period prescribed by "ection 2 0, the 2[#.ecutive )uthority! has neither granted nor refused to grant permission to construct or reconstruct a hut, the $ouncil shall be bound, on the written reHuest of the applicant, to determine by written order whether such permission should be granted or not. F2G %f the $ouncil does not, within thirty days from the receipt of such written reHuest, determine whether such permission should be granted or not, such permission shall be deemed to have been granted N and the applicant may proceed to e.ecute the worD but not so as to contravene any of the provisions of this )ct or any rules or by-laws made under this )ct.

PPPPPPPPPPPPPPPPPPPPPPPPP . "ubstituted by the Tamil 'adu )ct 23 of 413. 2. These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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212% &r8150s 85 A?ic? 7ermissi85 48 c85s4r1c4 8r rec85s4r1c4 ?14 ma= 2e re91se0 % 3 The only grounds on which permission to construct or reconstruct a hut may be refused are the following, namely 5O
F G that the worD or use of the site for the worD would contravene some specified provision of any law or some, specified order, rule, by-law or declaration made under any law, F2G that the application for permission does not contain the particulars or is not

prepared in the manner reHuired under rules or by-lawsN


F/G that any information or plan reHuired by the [#.ecutive )uthority! under rules or

by-laws has not been duly furnishedN


F:G that streets or roads have not been made as reHuired by "ection 1<N or F G that the proposed building would be an encroachment upon 2[*overnment or

municipal land.! Whenever the [#.ecutive )uthority! or the $ouncil refuses to grant permission to construct or reconstruct a hut, the reasons for such refusal shall be specifically stated in the order or resolution. 21'% La7se 89 7ermissi85 % %f the construction or reconstruction of any hut is not completed within the period specified, the permission shall lapse and a fresh application shall be made before the worD is continued. E+TE$NAL !ALL# ALTE$ATION# AND ADDITION#.
21*% Mai54e5a5ce 89 e64er5al Aalls i5 re7air %3 The owner or occupier of any building adJoining a public street shall Deep the e.ternal part thereof in proper repair with lime-plaster or other material to the satisfaction of the [#.ecutive )uthority! . 21+% A77lica4i85 89 7r8<isi85s 48 al4era4i85s a50 a00i4i85s %# F G The provisions of this

chapter and of any rules of by-laws made under this )ct relating to construction and reconstruction of buildings shall also be applicable to any alteration thereof or addition thereto5 (rovided that worDs of necessary repair which do not affect the position or dimension of a building or any room therein shall not be deemed an alteration

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 2. The words Q$rown or municipal landE were substituted for the words Q*overnment or municipal landQ by the )daptation &rder of 4/1 and the word Q*overnmentQ was substituted for Q$rownQ by the )daptation &rder of 4<0.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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or addition for the purposes of this section. F2G %f any Huestion arises as to whether any addition or alteration is a necessary repair not affecting the position or dimensions of a building or room such Huestion shall be referred to the $ouncil whose decision shall be final. @21+#A% Pr8<isi85 89 Rai5 (a4er Har<es4i5; S4r1c41re %3 F G %n every building owned or occupied by the *overnment or a statutory body or a company or an institution owned or controlled by the *overnment, rain water harvesting structure shall be provided by the *overnment or by such statutory body or company or other institution, as the case may be, in such manner and within such time as may be prescribed.
F2G "ubJect to the provisions of sub-section F G, every owner or occupier of a building

shall provide rain water harvesting structure in the building in such manner and within such period as may be prescribed. E'planation.( Where a building is owned or occupied by more than one person, every such person shall be liable under this sub-section.
F/G Where the rain water harvesting structure is not provided as reHuired under subsection F2G, the #.ecutive )uthority 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 e.pense thereof in the same manner as property ta.. F:G 'otwithstanding any action taDen under sub-section F/G, where the owner or occupier of the building fails to provide the rain water harvesting structure in the building before the date as may be prescribed, the water supply connection provided to such building shall be disconnected till rain water harvesting structure is provided.!

%O!E$# O3 THE 9-E+ECUTI.E AUTHO$IT*/ 21,% Dem8li4i85 8r al4era4i85 89 21il0i5; A8rD 15laA91ll= c8mme5ce0, carrie0 85 8r c8m7le4e0% # F G %f the 2[#.ecutive )uthority! is satisfied O FiG that the construction or reconstruction of any building /[or well! O

PPPPPPPPPPPPPPPPPPPPPPPPP %nserted by the Tamil 'adu 7unicipal 9aws F"econd )mendmentG )ct, 200: FTamil 'adu )ct // of 200/G. 2. These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. /. &mitted in respect of $hennai $ity 7etropolitan 0evelopment )uthority. "ee the Tamil 'adu )ct 23 of 413. .

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

1.'

FaG has been commenced without obtaining the permission of the [#.ecutive )uthority! or Fwhere an appeal or reference has been made to the $ouncilG in contravention of any order passed by the $ouncil N or FbG is being carried on, or has been completed otherwise than in accordance with the

plans or particulars on which such permission or order was based N or


FcG is being carried on, or has been completed in breach of any of the provisions of this )ct or of any rule or by-law made under this )ct or of any direction or reHuisition lawfully given or made under this )ct or such rules or by-laws, or FiiG that any alterations reHuired by any notice issued under "ection 20< have not been duly made N or FiiG that any alteration of or addition to any building or any other worD made or done for any purpose, in, to or upon any building, has been commenced or is being carried on or has been completed in breach of "ection 2 <,

he may maDe a provisional order reHuiring the owner or the builder to demolish the worD done or so much of it as, in the opinion of the [#.ecutive )uthority!, has been unlawfully e.ecuted or to maDe such alterations as may in the opinion of the [#.ecutive )uthority! be necessary to bring the worD into conformity with the )ct, by-laws, rules, direction or reHuisition as aforesaid, or with the plans and particulars on which such permission or order was based, and may also direct that until the said order is complied with the owner or builder shall refrain from proceeding with the building or well.
F2G The [#.ecutive )uthority! shall serve a copy of the provisional order made under

sub-section F G on the owner of the building or well together with a notice reHuiring him to show cause within a reasonable time to be named in such notice why the order should not be confirmed.
F2G %f the owner fails to show cause to the satisfaction of the [#.ecutive )uthority!, the

[#.ecutive )uthority! may confirm the order with any modification he may thinD fit to maDe, and such order shall, then, be binding on the owner. E+EM%TION# 21-% E6em74i85s %3 F G )ny building constructed and used, or intended to be constructed and used, e.clusively for the purpose of a plant-house, summerhouse Fnot being a dwellinghouseG, poultry-house or aviary, shall be e.empted

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word E$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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from the provisions of this $hapter other than "ection 4= provided the building be wholly detached from, and situated at a distance of at least ten feet from the nearest adJacent building. F2G The [#.ecutive )uthority! may grant permission at his discretion on such terms as he may decide in each case to erect for a specified period temporary huts or sheds for stabling, for watching crops, for storing tools or materials, or for other similar purposes. &n e.piry of the period specified, the [#.ecutive )uthority! may, by notice, reHuire the owner of such hut or shed to demolish it.

PPPPPPPPPPPPPPPPPPPPPPPPP These words were substituted for the word R$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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$+)(T#, @-) )UILDIN& RE&ULATI NS IN HILL STATI NS 21-#A% A77lica4i85 89 C?a74er.O This $hapter shall apply only to hill stations. 21-#)% Pr8?i2i4i85 89 c85s4r1c4i85 8r rec85s4r1c4i85 89 21il0i5;s, e4c%, Ai4?814 lice5ce F G 'o person other than the $entral or "tate *overnment or local authority, shall O
FaG construct or reconstruct a building on any land N or FbG put to use any agricultural land to any non-agricultural purpose N or FaG 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 "tate *overnment and e.cept in accordance with the terms and conditions specified in such licence. E'planation .( F o7 the purpose of the provisions of this $hapter, C1>7i8AD4A7&C includes, horticulture, fruit growing, seed growing, animal husbandry Fincluding breeding of livestocDG, apiculture, pisciculture and sericulture and C1>7i8AD4A7&C shall be construed accordingly. F2G *1+ When any department of the $entral *overnment or "tate *overnment or any local authority proposes to carry out any construction or reconstruction of building on any land or put to use any agricultural land to nonagricultural 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 $ommittee for )rchitectural and )esthetic )spects constituted under "ection 2 1-$ Fhereinafter in this $hapter referred to as the $ommitteeG the intention to do so, giving full particulars thereof, and accompanied by such plans and documents at least three months before commencing such activities.

PPPPPPPPPPPPPPPPPPPPPPPPP . $hapter @-) was inserted by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 442 FTamil 'adu )ct <3 of 442G w.e.f. 4th 0ecember 442.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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*%+ Where the $ommittee raises any obJection to the proposed construction or reconstruction or putting to use any agricultural land to nonagricultural 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 $hapter or the rules made thereunder or for any other material consideration, the officers of $entral *overnment or the "tate *overnment or any local authority, as the case may be, shall , 3
FiG either maDe necessary modifications in the proposed construction or reconstruction of building or putting to use any agricultural land to nonagricultural purpose or the carrying out any engineering, mining or other allied operations to meet the obJection raised by the $ommittee N or FiG submit such proposal together with the obJections raised by the $ommittee to the "tate *overnment for approval.

FcG The "tate *overnment, on receipt of such proposal together with the obJection of the $ommittee, shall in consultation with the $ommittee, either approve the proposal with or without modification or direct the officer to maDe such modification in the proposal as they consider necessary in the circumstances and the officer concerned shall be bound to maDe such modifications as proposed by the "tate *overnment. 21-#C% A77lica4i85 98r lice5ce %3 F G #very application for a licence under "ection 2 12 shall be in such form, contain such particulars and be accompanied by such plans and fee as . may be prescribed and shall be submitted .to the #.ecutive )uthority.
F2G &n receipt of an application under sub-section F G,, the #.ecutive )uthority shall,

within such time as may be prescribed, e.amine the application with reference to such building rules as may be prescribed for the purpose of this $hapter and forward the same to the $ommittee.
F/G FaG For the purpose of this $hapter, the "tate *overnment may constitute a

$ommittee called the $ommittee for )rchitectural and )esthetic )spects for all the hill stations in the "tate of Tamil 'adu, with such number of officials and non-officials and . having such Hualifications as may be prescribed. *%+ The term of office of the non-official members of the $ommittee and other matters relating to the conduct of the meeting of the said $ommittee including the allowances payable to the non-official members shall be such as may be prescribed.
F:G The $ommittee shall e.amine every application received from the #.ecutive )uthority in all aspects and forward the same to the "tate *overnment with its remarDs.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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F<G The $ommittee shall, while e.amining the applications under sub-section F:G, shall have regard to the following matters, namely 5
FaG the application for grant of a licence complies with the provisions of this $hapter

and rules made thereunder N


FbG the proposed construction or reconstruction of the building or the purpose for which the land is proposed to be used will not be detrimental to the scenic beauty and natural environment of the hill station N FcG the proposed construction or reconstruction of a building will aesthetically and architecturally harmonize with the landscape of the hill station N FaG the possibility of the construction or reconstruction of building, the non-

agricultural purpose for which the land is to be used or the carrying out of any engineering, mining or other allied operations,O
FiG creating unfavourable conditions upon the scenic beauty and natural environment of the hill station N or FiG

resulting in concentration of population in and around the hill station N

*&+ that the proposed use of land will not lead to deforestation and soil erosion N F 9 2 that the proposed use of land will preserve the special characteristics of the hill station as regards landscape, vegetative cover and climate of the hill station N
FgG the free, passage or way to be left in front of the building as may be prescribed N FgG the open space to be left about the building to secure free circulation of air and

the prevention of fire and to facilitate scavenging N


FhG the ventilation of the building, the minimum cubic area of the rooms and the number and height of the storeys of which the building may e.ists. FhG the provision and position of drains, latrines, urinals and cesspools or-other receptacles for rubbish or filth N FiG the level and width of the foundation, the level of the lowest floor and the stability, of the structure N

*1+ the line of frontage, with neighbouring buildings if the building abuts on a street N *0+ the means of egress from the building in case of fire N

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

1..

*2+ the materials to be used for, and the method of construction of, e.ternal and partition walls, rooms, floors, fireplaces and chimneysN *o+ the height and slope of the roof above the upper-most floor on which human

beings are to live or cooDing is to be doneN


*K+ any other matter affecting the ventilation and sanitation of the buildingN and *@+ such other matters as may be prescribed.

21-#D% &ra54 89 lice5ce %3 &n receipt of an application from the $ommittee with its remarDs, the "tate *overnment, if satisfied that the grant of a licence will not result in the deterioration of scenic beauty or destruction of the environment and ecosystem of the hill station, may, grant a licence subJect to such terms and conditions as they may thinD fit to impose, or refuse to grant a licence 5 (rovided that a licence shall not be refused unless the applicant has been given an opportunity of maDing his representation. @21-#DD% &ra54 89 lice5ce 2= 4?e E6ec14i<e A14?8ri4= i5 cer4ai5 cases .O F G 'otwithstanding anything contained in "ections 2 1-2, 2 1-$, 2 10 and 2 1-(, the #.ecutive )uthority shall, on receipt of an application under sub-section F G of section 2 1$, for construction or reconstruction of any residential building on any land within the area of the hill station having plinth area O FaG not e.ceeding two hundred and fifty sHuare metres in the ground floorN or
FbG not e.ceeding two hundred and fifty sHuare metres in the ground floor and in the first floor in the aggregateN or FcG in the case of improvement or enlargement of an e.isting residential building, the
1

construction of which does not e.ceed two hundred and fifty sHuare metres, the remaining area for such improvement or enlargement of such building including first floor, in the aggregate, e.amine such application with reference to building rules prescribed for the purpose of this $hapter and the matters specified in sub-section F<G of "ection 2 1-$, and if he is satisfied that the grant of a licence will not result in the deterioration of scenic beauty of destruction or the environment and ecosystem of the hill station, he may grant a licence subJect to such terms and conditions as he may thinD fit to impose, or refuse to grant a licence5

PPPPPPPPPPPPPPPPPPPPPPPPP . "ubstituted by the Tamil 'adu 0istrict 7unicipalities F"econd )mendmentG )ct, 443 FTamil 'adu )ct 0 of 443G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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(rovided that the licence shall not be refused unless the applicant has been given an opportunity of maDing his representation. F2G *1+ )ny person aggrieved by an order of the #.ecutive )uthority under sub-section F G may, within a period of si.ty days from the date on which a copy of the order was communicated to him, prefer an appeal to the "tate *overnment in such form, in such manner and with such fee, as may be prescribed. *%+ &n receipt of an appeal under this sub-section, the "tate *overnment shall, after giving the appellant an opportunity of being heard, pass such orders thereon as they deem fit. FcG #very order passed by the "tate *overnment under this sub-section shall be final.! 21-#E% P8Aer 48 ca5cel 8r s1s7e50 lice5ce %3 F G [The "tate *overnment or the #.ecutive )uthority may, at any time, cancel or suspend any licence granted under "ection 2 1-0 or "ection 2 1-00, as the case may be,! if FaG such licence has been obtained by fraud, misrepresentation or suppression of material particulars N or
FaG the holder of the licence has contravened any of the provisions of this )ct and in

particular the provisions of this $hapter or any rules made thereunder or any of the terms and conditions subJect to which the licence was granted. F2G 2efore cancelling or suspending a licence under sub-section F G, the "tate *overnment or the #.ecutive )uthority as the case may be shall give the holder of the licence, an opportunity of maDing his representation. 21-#!% Peri80 89 lice5ce %3 #very licence granted under ["ection 2 1-0 or "ection 2 1-00! as the case may be 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 commenced thereafter unless [the "tate *overnment or the #.ecutive )uthority, as the case may be!, on application made therefor has e.tended the period of licence. 21-#&. Pe5al4ies %3 F G Whoever within the area of a hill station begins, continues or completes the construction or reconstruction of a building, or puts to use any agricultural land to non-agricultural purpose or carries out any engineering, mining or other allied operations O

PPPPPPPPPPPPPPPPPPPPPPPPP . "ubstituted by the Tamil 'adu 0istrict 7unicipalities F"econd )mendmentG )ct, 443 FTamil 'adu )ct 0 of 443G.

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190

FaG without a licence N or FbG without complying with any of the terms and conditions of a licence N or FcG when a licence has been refused N or FdG after the e.piry of the licence granted [under "ection 2 1-0 or "ection 2 100!, as the case may be shall be punishable with fine which may e.tend to five thousand rupees.

F2G Whoever within the area of a hill station O


FaG uses any building constructed or reconstructed for a purpose other than that specified in the licence N FbG puts to use any agricultural land to non-agricultural purpose other than the

purpose for which the use of the land was permitted under the licence, shall be punishable with fine which may e.tend to five thousand rupees. 21-#H% Pe5al4= 98r s12seC1e54 899e5ce %3 Whoever, after having been convicted of an offence under this $hapter, continues to commit such offence, shall be punishable with fine which may e.tend to three hundred rupees for each day after the previous date of conviction during which the offence continues. 21-#I% 99e5ces 2= C8m7a5ies %3 F G %f the person committing an offence under this $hapter is a company, every person, who at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly5 (rovided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this $hapter, if he proves that the offence was committed without his Dnowledge or that he e.ercised all due diligence to prevent the commission of such offence. F2G 'otwithstanding anything contained in sub-section F G, where an offence under this $hapter has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

PPPPPPPPPPPPPPPPPPPPPPPPP . "ubstituted by the Tamil 'adu 0istrict 7unicipalities F"econd )mendmentG )ct, 443 FTamil 'adu )ct 0 of 443G.

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E'planation .( For the purpose of this section ,O


(a) QcompanyQ means any body corporate and includes a firm, society or other association of individuals N and (b) F0irec48rN in, relation to FiG a firm means a partner in the firmN

*ii+ a society or .other association of individuals means the person who is entrusted, under the rules of the society or other association, with the management of the affairs of the society or other association, as the case may be. 21-#G% P8Aer 48 s487 A8rD %3 F G The "tate *overnment [or the #.ecutive )uthority 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 FaG to stop the construction or reconstruction of any building on such land N or FbG to stop the user of any building or land for any purpose N or FcG to alter or demolish, within such time as may be specified in the notice, any building or any part there of, or FaG to stop the user of any agricultural land for non-agricultural purposeN or FbG to stop the building, engineering, mining or other allied operations, if in the opinion of the "tate *overnment [or the #.ecutive )uthority as the case may be,! 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 )ct and in particular, the provisions of this $hapter or the rules made thereunder or any of the terms and conditions subJect to which a licence is granted under this $hapter. F2G %f any direction . given under sub-section F G is not complied with, within the time specified in the notice, the "tate *overnment.. [or the #.ecutive )uthority 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. 21-#H% Re<ieA%3 F G The "tate *overnment may, on application, review any order, decision or direction made by them including the grant or refusal of a licence, if it appears to them that any such order, decision or direction or the terms and conditions of the licence should be modified, annulled or reversed and pass orders accordingly.

PPPPPPPPPPPPPPPPPPPPPPPPP "ubstituted by Tamil 'adu )ct 0 of 443.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

192

F2G 'o order under this section adversely affecting a person shall be made unless that person has had a reasonable opportunity of maDing his representation. F2G The "tate *overnment may stay the operation of any order, decision or direction made by them including the grant of licence pending the e.ercise of their power under subsection F G in respect thereof. F/G #very application to the "tate *overnment for the e.ercise 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 "tate *overnment including the grant of a licence to which the application relates was communicated to the applicant 5

(rovided that the "tate *overnment may entertain an application made after the e.piration of the said period of two months, if they are satisfied that the applicant had sufficient cause for not maDing such application in time. 21-#L% Re<isi85 2= Hi;? C81r4 F G )ny person aggrieved by an order of the "tate *overnment under "ection 2 1-8 may, within a period of si.ty 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 +igh $ourt 5 (rovided that the +igh $ourt may, within a further period of thirty days, entertain an application made after the said period of si.ty days, if it is satisfied that the petitioner had sufficient cause for not maDing the application within the said period of si.ty days.
F2G The application shall be in the prescribed form, shall be verified in the prescribed manner and shall be accompanied by such fee as may be prescribed. F/G %n disposing the application for revision, the +igh $ourt may confirm, cancel or vary such order 5

(rovided that no order preJudicial to any party shall be passed unless such party has been given an opportunity of being heard.
F:G #very order passed under this section shall be final.

21-#M. )ar 89 c8m7e5sa4i85 .O 'o compensation shall be claimed by any person for any damage or loss sustained by him in conseHuence of O
FaG the refusal to grant any licence by the "tate *overnment [or the #.ecutive

)uthority as the case may be! N


FbG any terms and conditions subJect to which any such licence is granted N

PPPPPPPPPPPPPPPPPPPPPPPPP "ubstituted by Tamil 'adu )ct 0 of 443.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

19'

FcG any direction issued under "ection 2 1-6 N FcG

any order passed by the "tate *overnment under "ection 2 1-8N or

FdG the operation of any of the provisions of this $hapter or the rules made

thereunder. 21-#N% Ci<il C81r4s 584 48 0eci0e C1es4i85s 150er 4?is C?a74er% 3 'o $ivil $ourt shall have Jurisdiction to decide or deal with any Huestion which is by or under this $hapter reHuired to be decided or dealt with by the "tate *overnment [or the #.ecutive )uthority as the case may be! 21-# % C?a74er 48 8<erri0e 84?er laAs %3 F G The provisions of this $hapter shall have effect notwithstanding anything inconsistent therewith contained in this )ct or any other law, custom, usage or contract. F2G "ave as otherwise provided in sub-section F G, the provisions of this $hapter shall, be in addition to, and not in derogation of, any other provisions of this )ct. 21-#P% Dele;a4i85 89 78Aers 89 &8<er5me54 150er 4?is C?a74er .F G The "tate *overnment may, by notification, authorise the $ollector to e.ercise any of the powers vested in them under any of the provisions of this $hapter in respect of a hill station. F2G The e.ercise of any power delegated under sub-section F G shall be subJect to such restrictions and conditions as may be specified in the notification and subJect also to control and revision by the "tate *overnment. [F/G FaG Whenever any power is delegated under sub-section F G to the $ollector of any district, the "tate *overnment may, notwithstanding anything contained in sub-section F/G of "ection 2 1-$, constitute for such district a $ommittee called the $ommittee for )rchitectural and )esthetic )spects for all the hill stations in that district with such number of officials and non-officials and having such Hualification as may be prescribed.
FbG The terms of office of the non-official members of a $ommittee constituted under clause FaG and other matters relating to the conduct of the meeting of the said $ommittee including the allowances payable to the nonofficial members shall be such as may be prescribed. FcG The provisions of sub-sections F:G and F<G of "ection 2 1-$ shall, as far as may be, apply in relation to a $ommittee constituted under this sub2

PPPPPPPPPPPPPPPPPPPPPPPPP . "ubstituted by Tamil 'adu )ct 0 of 443. 2. %nserted by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 441OFTamil 'adu )ct 2 of 441G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

19*

section, as they apply in relation to the $ommittee constituted under clause *1+ of sub-section F/G of "ection 2 1-$.! @21-#I% P8Aer 48 e6em74 8r rela6 %3 The "tate *overnment may, if satisfied that it will not result in the deterioration of scenic beauty or destruction of the environment and ecosystem of the hill station, by order 3
FaG e.empt, subJect to such conditions, if any, as may be specified, in the order, the

$entral. *overnment or the "tate *overnment or any building or class of buildings from all or any of the provisions of this $hapter or $hapter @ of this )ct N or
FbG rela., subJect to such conditions, if any, as may be specified in the order, any

rule made under this $hapter or $hapter. @ of this )ct, in favour of the $entral *overnment or the "tate *overnment or in respect of any building or class of buildings.! .ALIDATION %$O.I#ION NOT INCO$%O$ATED IN THE ACT Vali0a4e 89 ac4s 085e 8r 7r8cee0i5;s 4aDe5 8r 8r0ers iss1e0 % 3 'otwithstanding anything contained in any law for the time being in force or in any Judgment, decree or order of any $ourt or other authority, all acts done, proceedings taDen or orders issued by the "tate *overnment e.empting any building or class of buildings from any of the provisions of the principal )ct or rela.ing any of the rules made under $hapter @ or $hapter @-) of the principal )ct in respect of any building or class of buildings, during the period commencing on the 4th day of 0ecember 442 and ending with the date of publication of this )ct in the Tamil 'adu *overnment *azette shall, for all purposes, be deemed to be and to have always been validly done, taDen or issued in accordance with law, as if "ection 2 1-; of the principal )ct, as amended by this )ct, had been in force at all material times when such acts, proceedings or orders were done, taDen or issued.

PPPPPPPPPPPPPPPPPPPPPPPPP . "ection 2 1-; substituted by Tamil 'adu )ct <2 of 44:.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

19+

$+)(T#, @% NUISANCES DAN&E$OU# #T$UCTU$E#8 T$EE# AND %LACE# 21.% Preca14i85s i5 case 89 0a5;er81s s4r1c41res %3 F G %f any structure appears to the [#.ecutive )uthority! to be in 1 ruinous state and dangerous to 45& passers-by o7 to the occupiers of neighbouring structures, the [#.ecutive )uthority! may, by notice, reHuire the owner or occupier to fence off, taDe down, secure o7 repair such structure so as to prevent any danger therefrom.
F2G %f immediate action is necessary, the [#.ecutive )uthority! shall himself, before giving such notice or before the period of such notice e.pires, fence off, taDe down, secure or repair such structure or fence off a -part of any street, or taDe such temporary measures as he thinDs fit to prevent danger and the cost of doi2> so shall be recoverable from the owner or occupier in the manner provided in "ection /::. F/G %f in the 2[opinion of the #.ecutive )uthority!,5 the said structure is imminently

dangerous to the inmates thereof, the [#.ecutive )uthority! shall order the immediate evacuation thereof and any person disobeying may be removed by any police officer. 219% Preca14i85 i5 case 89 0a5;er81s 4rees %3 F G %f any tree or any branch of a tree or the fruit of any tree appears to the [#.ecutive )uthority! to be liDely to fall and thereby endanger any person or any structure, the [#.ecutive )uthority! may, by notice, reHuire the owner of the said tree to secure, lop or cut down the said tree- so 13 to .prevent any danger therefrom. F2G %f immediate action is necessary, the [#.ecutive )uthority! shall himself, before giving such notice or before the period of such notice e.pires, secure, lop or cut down the 31id tree or remove the fruit Qthereof or fence off a part of any street or taDe such other temporary measures as he thinDs fit to prevent danger, and the cost of 3o doing shall be recoverable from. the owner of the tree in the manner provided in "ection /::.

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word R$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 2. These words were substituted for the words Q$hairmanEs opinionQ by "ection 1F*/+' #i%id(

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

19,

220% Preca14i85s i5 case 89 0a5;er81s 4a5Ds, Aells, ?8les, e4c%3(1" %f any tanD, pond,

well, hole, stream, dam, banD or other place appears to the #.ecutive )uthority! to be for want of sufficient repair, protection or enclosure dangerous to the passers-by or to persons living in the neighbourhood, the [#.ecutive )uthority! may, by notice, reHuire the owner to fill in, remove, repair, protect or enclose the same as to prevent any danger therefrom. F2G %f immediate action is necessary, he shall before giving such notice or before the period of notice e.pires, himself taDe such temporary measures as he thinDs fit to prevent danger and the cost of doing so shall be recoverable from the owner in the manner provided in "ection /::.
221% P8Aer 48 s487 0a5;er81s C1arr=i5; .O %f yin the opinion of the [#.ecutive

)uthority!, the worDing of any Huarry or the removal of stone, earth or other material from any place is dangerous to persons residing in or having legal access to the neighbourhood thereof or creates or is liDely to create a nuisance, the [#.ecutive )uthority! may reHuire the owner or person having control of the said Huarry or place to discontinue worDing the same or to discontinue removing stone, earth or other material from such place or to taDe such order with such Huarry or place as he shall deem necessary for the . purpose of preventing danger or of abating the nuisance arising or liDely to arise therefrom.
222% Preca14i85s a;ai5s4 9ire .O F G The [#.ecutive )uthority! may, by notice, reHuire

the owner of any structure, booth or tent partly or entirely composed of, or having any e.ternal roof, verandah, pandal or wall partly or entirely composed of cloth, grass, leaves, mats, or other highly inflammable materials to remove or alter such tent, booth, structure, roof, verandah, pandal or wall, or may grant him permission to retain the same on such conditions as the [#.ecutive )uthority! may thinD necessary to prevent danger from fire.
F2G The [#.ecutive )uthority! may, by notice, reHuire any person using any place for the storage for private use of timber, firewood, or other combustible things to taDe special steps to guard against danger from fire. F/G Where the [#.ecutive )uthority! is of opinion that the means of egress from any

building are insufficient to allow of safe e.it in the event of fire, he may, with the sanction of the $ouncil, by notice, reHuire the owner or occupier of the building to alter or re-construct any staircase in such manner or to provide such additional or emergency staircases as he may direct N and when any building, booth or tent is used for purposes of public entertainment he may reHuire, subJect to such sanction as aforesaid, that it shall be provided with an adeHuate number

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

19-

of clearly indicated e.its so placed and maintained as readily to afford the audience ample means of safe egress, that the seating be so arranged as not to interfere with free access to the e.its and that gangways, passages, and staircases leading to the e.its shall, during the presence of the public, be Dept clear of obstructions. Control o)er waters8 etc. 22'% Pr8?i2i4i85 89 c85s4r1c4i85 89 Aells, 4a5Ds, e4c%, Ai4?814 4?e 7ermissi85 89 4?e :@E6ec14i<e A14?8ri4=E %3 F G 'o new well, tanD, pond, cistern, fountain or the liDe shall be dug or constructed without the permission of the 2[#.ecutive )uthority!.
F2G The 2[#.ecutive )uthority! may grant permission subJect to such conditions as he
1

may deem necessary, or may, for reasons to be recorded by him, refuse it.
F/G %f any such worD is begun or completed without such permission, the 2[#.ecutive

)uthority! may either FaG by notice reHuire the owner or other person who has done such worD to fill up or

demolish such worD in such manner as the [#.ecutive )uthority! shall direct, or
FbG grant permission to retain such worD, but such permission shall not e.empt such

owner from proceedings for contravening the provisions of subsection F G.


2

22:. !illi5; i5 89 788ls, e4c%, A?ic? are a 51isa5ce %3 F G %f in the opinion of the [#.ecutive )uthority! FaG any pool, ditch, tanD, well, pond, bog, swamp, Huarry-hole, drain, cesspool, pit,

water-course, or any collection of water, or


FbG any land on which water may at any time accumulate,

is or is liDely to become a breeding-place of mosHuitoes or in any other respect a nuisance, the 2[#.ecutive )uthority! may, by notice, reHuire the owner or person having control thereof to fill up, cover over, weed and stocD with larvicidal fish, petrolize, drain or drain off the same in such manner and with such materials as the 2[#.ecutive )uthority! shall direct or to taDe such order with the same for removing or abating the nuisance as the 2[#.ecutive )uthority! shall direct.

PPPPPPPPPPPPPPPPPPPPPPPPP . The application of this section is omitted in respect of the areas covered under the $hennai $ity 7etropolitan 0evelopment )uthority by the Tamil 'adu )ct 23 of 413. 2. These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

19.

F2G %f a person on whom a reHuisition is made under sub-section F G to fill up, cover over, or drain off .a well, delivers to the [#.ecutive )uthority! within the time specified for compliance therewith written obJections to such reHuisition, the [#.ecutive )uthority! shall report such obJections to the $ouncil, and shall maDe further inHuiry into the case, and he shall not institute any prosecution for failure to comply with such reHuisition e.cept with the approval of the $ouncil, but the [#.ecutive )uthority! may nevertheless, if he deems the e.ecution of the worD called for by such reHuisition to be of urgent importance, proceed in accordance with "ection //4 and, pending the $ouncilEs disposal of the Huestion whether the said well shall be permanently filled up, covered over, or otherwise dealt with, may cause such well to be securely covered over so as to prevent the ingress of mosHuitoes, and in every such case, the [#.ecutive )uthority! shall determine with the approval of the $ouncil whether the e.penses of any worD already done as aforesaid shall be paid by such owner or by the [#.ecutive )uthority! out of the municipal fund or shall be shared, and, if so, in what proportions.
22+% Re;1la4i85 8r 7r8?i2i4i85 89 cer4ai5 Di50s 89 c1l4i<a4i85 .OThe $ouncil, on the report of the 2[0irector of (ublic +ealth!, the +ealth &fficer or the 9ocal 7edical &fficer that the cultivation of any description of crop, or the use of any Dind of manure, or the irrigation of land in any place within the limits of the 7unicipality is inJurious to the public health may, with the previous sanction of the /["tate *overnment! by public notice, regulate or prohibit the cultivation, use of manure, or irrigation so reported to be inJurious 5

(rovided that when such cultivation or irrigation has been practised during the five years preceding the date of such public notice with such continuity as the ordinary course of husbandry admits of, compensation shall be paid from the municipal fund to all persons interested for any damage caused to them by absolute prohibition. @8r Aell 1se0 98r 0ri5Di5;E % F G The [#.ecutive )uthority! may, by notice, reHuire the owner of or person having control over any private water-course, spring, tanD, well or other place, the water of which is :[used for drinDing!, bathing or washing clothes to Deep the same in good repair and to cleanse it of silt, refuse or vegetation and to
22+% Clea5si5; 89 i5sa5i4ar= 7ri<a4e 4a5D
*

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 2. These words were substituted for the words Q"anitary $ommissionerQ by "ection 02 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G.. /. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. :. &mitted in respect of $hennai $ity 7etropolitan 0evelopment )uthority by the Tamil 'adu )ct 23 of 413.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

199

protect it from pollution by surface drainage in such manner as the E[#.ecutive )uthority! may thinD fit. F2G %f the water of any place which is used for drinDing, bathing or washing clothes, as the case may be, is proved to the satisfaction of the [#.ecutive )uthority! to be unfit for the purpose, the [#.ecutive )uthority! may, by notice, reHuire the owner or person having control thereof to O
FaG refrain from using or permitting the use of such water, or FbG close or fill up such place or enclose it with a substantial wall or fence.

22-% D14= 89 C815cil i5 res7ec4 89 712lic Aell 8r rece74acle 89 s4a;5a54 Aa4er %3 The 7unicipal $ouncil shall maintain in a cleanly condition all wells, tanDs and reservoirs which are not private property, and may fill them up or drain them when it appears necessary to do so-. [22-#A% P12lic Aells, e4c%, 87e5 48 all %3 )ll such wells, tanDs and reservoirs when maintained by the 7unicipal $ouncil shall be open to use and enJoyment by persons of whatever caste or creed.! O 22.% Pr8?i2i4i85 a;ai5s4 8r re;1la4i85 89 Aas?i5; a5imals 8r cl84?es 8r 9is?i5; 8r 0ri5Di5; i5 712lic Aa4er#c81rses, 4a5Ds, e4c .OThe $ouncil may, in the interests of the public health, regulate or prohibit the washing of animals, clothes or other things, or fishing in anyE public spring, tanD, well, public water-course or part thereof within the 7unicipality and may set apart any such place for drinDing or for bathing or for washing clothes,. or animals, respectively, or for any other specified purpose. 229% Pr8<isi85 89 712lic Aas?#?81ses %3 F G The $ouncil may construct or provide and maintain public wash-houses or places for the washing of clothes, and may reHuire the payment of such rents and fees for the use of any such wash-house or place as it may determine.
F2G The $ouncil may farm out the collection of such rents and fees for any period not e.ceeding three years at a time on such terms and conditions as it may thinD fit. F/G %f a sufficient number of public wash-houses or places be not maintained under subsection F G, the $ouncil may, without maDing any charge therefor, appoint suitable places for the e.ercise by washer-men of their calling.
2

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 2. This section was inserted by "ection / of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 424 FTamil 'adu )ct @?%% of 424G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

200

2'0% Pr8?i2i4i85 a;ai5s4 Aas?i5; 2= Aas?erme5 a4 15a14?8rise0 7laces .O F G The $ouncil may, by public notice, prohibit the washing of clothes by washermen in the e.ercise of their calling, either within the 7unicipality or outside the 7unicipality within three miles of the boundary thereof, e.cept at
FaG public wash-houses or places maintained or provided under "ection 224, or FbG such other places as it may appoint for the purpose.

F2G When any such prohibition has been made, no person who is by calling a washerman shall, in contravention of such prohibition, wash clothes, e.cept for himself or for personal and family service or for hire on and within the premises of the hirer, at any place within or without municipal limits other than a public wash-house or a place maintained or appointed under this )ct (rovided that this section shall apply only to clothes washed within or to be brought within the 7unicipality. 2'1% Pr8?i2i4i85 a;ai5s4 0e9ili5; 89 Aa4er 4a5Ds, e4c%, A?e4?er 712lic 8r 7ri<a4e .O %t shall not be lawful for any person to
FaG bathe in or in any manner defile the water in any place set apart by the $ouncil or by the owner thereof for drinDing purposes N or FbG deposit any offensive or deleterious, matter in the dry bed of any place set apart
1

as aforesaid for drinDing purposes N or


FcG wash clothes in any place set apart as aforesaid for drinDing or bathing N or FdG wash any animal or any cooDing utensil or wool, sDins or other foul or offensive substance or deposit any offensive or deleterious matter in any place set apart as aforesaid for bathing or washing clothes N or FaG cause or suffer to drain into or upon any place set apart as aforesaid for drinDing,

bathing or washing clothes, or cause or suffer anything to be brought thereinto or do anything whereby the water may be fouled or corrupted. CONT$OL O.E$ A5ANDONED LAND#8 UNT$IMMED HED&E#8 ETC 2'2% U54e5a54e0 21il0i5;s 8r la50s% 3 %f any building or land, by reason of abandonment, disputed ownership or other cause remains untenanted, and thereby, becomes a resort of idle and disorderly persons or in the opinion of the

PPPPPPPPPPPPPPPPPPPPPPPPP . &mitted in respect of $hennai $ity 7etropolitan 0evelopment )uthority by the Tamil 'adu )ctE23 of 413.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

201

[#.ecutive )uthority! becomes a nuisance, the [#.ecutive )uthority! may, after due inHuiry by notice, reHuire the owner or person claiming to be the owner to secure, enclose, clear or cleanse the same. 2''% Rem8<al 89 9il4? 8r 586i81s <e;e4a4i85 %3 The [#.ecutive )uthority! may by notice reHuire the owner or occupier of any building or land which appears to him to be in a filthy or unwholesome state, or overgrown with any thicD or no.ious vegetation, trees or undergrowth inJurious to health or offensive to the neighbourhood, to clear, cleanse or otherwise put the land in proper state or to clear away and remove such vegetation, trees or undergrowth within twenty-four hours or such longer period and in such manner as may be specified in the notice. 2'*% !e5ci5; 89 21il0i5;s 8r la50s a50 7r15i5; 89 ?e0;es a50 4rees The [#.ecutive )uthority! may by notice reHuire the owner or occupier of any building or land near a public street to O FaG fence the same to the satisfaction of the [#.ecutive )uthority! N or
FbG trim or prune any hedges bordering on the said street so that they may not e.ceed such height from the level of the adJoining roadway as the [#.ecutive )uthority! may determineN or FcG cut and trim any hedges or trees overhanging the said street and obstructing it or

the view of traffic or causing it damage N or


FdG lower an enclosing wall or fence which by reason of its height and situation obstructs the view of traffic so as to cause danger.

CONT$OL O.E$ IN#ANITA$* 5UILDIN&# 2'+% LimeAas?i5; a50 clea5si5; 89 21il0i5;s %3 The [#.ecutive )uthority!, if it appears to him necessary for sanitary purposes so to do, may by notice reHuire the owner or occupier of any building to limewash or otherwise cleanse the building inside and outside-in the manner and within a period to be specified in the 2[notice!. 2',% !1r4?er 78Aers Ai4? re9ere5ce 48 i5sa5i4ar= 21il0i5;s %3(1" Whenever the [#.ecutive )uthority! considers O FaG that any building or portion thereof is, by reason of its having no plinth, or having a plinth of insufficient height, or by reason of the want of

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 2. This word was substituted for the word QorderQ by "ection 0/ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

202

proper drainage or ventilation or by reason of the impracticability of cleansing, attended with danger of disease to the occupiers thereof or to the inhabitants of the neighbourhood, or is, for any reason, liDely to endanger the public health or safety, or *%+ that a blocD or group of buildings is, for any of the said reasons, or by reason of the manner in which the buildings are crowded together, attended with such risD as aforesaid, he may by notice reHuire the owners or occupiers of such buildings or portions of buildings or at his option, the owners of the land occupied by such buildings or portions of buildings, to e.ecute such worDs or to taDe such measures as he may deem necessary for the prevention of such danger.
F2G 'o person shall be entitled to compensation for damages sustained by reason of any

action taDen under or in pursuance of this section save when a building is demolished in pursuance of an order made hereunder, or so far demolished as to reHuire re-construction, in which cases the 7unicipal $ouncil shall maDe compensation to the owner thereof.
F/G When any building is entirely demolished under this section and the demolition thereof adds to the value of other buildings in the immediate vicinity, the owners of such other buildings shall be bound to contribute towards the compensation payable to the owner of the first-named building in proportion to the increased value acHuired by their own property. F:G When any building is so far demolished under this section as to reHuire re-

construction, allowance shall be made in determining the compensation for the benefit accruing to the premises from the improvement thereof. 2'-% )1il0i5;s 159i4 98r ?1ma5 ?a2i4a4i85 %3 F G %f any building or portion thereof intended for or used as a dwelling-place appears to the [#.ecutive )uthority! to be unfit for human habitation, he may apply to the $ouncil to prohibit further use of such structure for such purpose N and the $ouncil may, after giving the owner and occupiers of the structure a reasonable opportunity of showing cause why such order should not be made, maDe a prohibitory order as aforesaid. F2G When any such prohibitory order has been made, the [#.ecutive )uthority! shall communicate the purport thereof to the owner and occupiers of the structure and on e.piry of such period as is specified in the notice, not being less than thirty days after the service of the notice, no owner or occupier of such structure shall use or suffer it to be used for human habitation until the [#.ecutive )uthority! certifies in writing that the causes rendering it unfit for

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

20'

human habitation have been removed to his satisfaction, or the $ouncil withdraws the prohibition. F/G When such prohibitory order has remained in operation for three months, the [#.ecutive )uthority! shall report the case to the $ouncil, which shall thereupon consider whether the structure should not be demolished. The $ouncil shall give the owner not less than thirty days notice of the time and place at which the Huestion will be considered and the owner shall be entitled to be heard when the Huestion is taDen into consideration.
F:G %f upon such consideration, the $ouncil is of opinion that the structure has not been rendered fit for human habitation and that steps are not being taDen with due diligence to render it so fit and that the continuance of the structure is a nuisance or dangerous or inJurious to the health of the public or to the inhabitants of the neighbourhood, it shall record a decision to that effect, with the grounds of the decision, and the [#.ecutive )uthority! shall, in pursuance, of the said decision by notice, reHuire the owner to demolish the structure... F<G %f the owner undertaDes to e.ecute forthwith the worDs necessary to render the structure fit for human habitation and the [#.ecutive )uthority!. considers that it can be so made fit, the [#.ecutive )uthority! may postpone the e.ecution of the decision of the $ouncil for such time not e.ceeding si. months as he thinDs sufficient for the purpose of giving the owner an opportunity of e.ecuting the necessary worDs.

2'.% A2a4eme54 89 8<er-cr8A0i5; i5 0Aelli5;#?81se 8r 0Aelli5; -7lace %3 F G %f it appears to the [#.ecutive )uthority! that any dwelling-house or other building which is used as a dwelling-place, or any room in such dwelling-house or building, is so overcrowded as to endanger the health of the inmates thereof, he may apply to a magistrate, to abate such overcrowdingN and the magistrate after such inHuiry as he thinDs fit to maDe, may, by written order, reHuire the owner of the building, or room, within a reasonable time not e.ceeding four weeDs to be specified in the said order, to abate such overcrowding by reducing the number of lodgers, tenants or other inmates of the building or room, or may pass such other order as he may deem Just and proper.
F2G The $ouncil may, by written order, declare what amount of superficia . and cubic space shall be deemed for the purposes of sub-section F G to be necessary for each occupant of a building or room. F/G %f any building or room referred to in sub-section F G has been sublet, the landlord of the lodgers, tenants, or other actual inmates of the same, shall,

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

20*

for the purposes of this section, be deemed to be the owner of the building or room. F:G %t shall be incumbent on every tenant, lodger or other inmate of a building or room to vacate on being reHuired by the owner so to do, in pursuance of any reHuisition made under sub-section F G. CONT$OL O.E$ CE$TAIN ANIMAL#
2'9% Pr8?i2i4i85 a;ai5s4 9ee0i5; cer4ai5 a5imals 85 9il4? %3 'o person shall feed or permit any animal, which is Dept for dairy purpose or may be used for food, to be fed on filth. 2*0% Pr8?i2i4i85 a;ai5s4 Dee7i5; a5imal s8 as 48 2e a 51isa5ce 8r 0a5;er81s %3 'o

person shall Deep any animal on his premises so as to be a nuisance or so as to be dangerous.


2*1% P8Aer 48 0es4r8= s4ra= 7i;s a50 08;s %3 F G The $ouncil may, and, if so directed

by the district magistrate, shall, give public notice that unlicensed pigs or dogs straying within specified limits will be destroyed. F2G When such notice has been given, any person may destroy, in any manner not inconsistent with the terms of the notice, any unlicensed pig or dog Fas the case may beG found straying within such limits. &ENE$AL 1 2*2% P8Aer 89 @E6ec14i<e A14?8ri4=E 48 1se 8r sell ma4erials 89 0a5;er81s s4r1c41re 4aDe5 08A5, e4c%, a50 7r8ce01re A?e5 4?ere is 58 8A5er 8r 8cc17ier%3 F G When the [#.ecutive )uthority! taDes down any structure or part thereof or cuts down any tree or hedge or shrub or part thereof or removes any fruit in virtue of his powers under this $hapter, the [#.ecutive )uthority! may sell the materials or things taDen down, cut down or removed, and apply the proceeds in or towards payment of the e.penses incurred. F2G %f, after reasonable inHuiry, it appears to the [#.ecutive )uthority! that there is no owner or occupier to whom notice can be given under any section in this $hapter, he may himself taDe such order with the property mentioned in such section as may appear to him to be necessary and may recover the e.pense incurred by the sale of such property Fnot being landG or of any portion thereof.
2*'% Limi4a4i85 89 c8m7e5sa4i85 %3 'o person shall be entitled save as provided in "ections 22:, 22< and 2/= to compensation for any damages sustained by reason of any action taDen by the 7unicipal )uthorities in pursuance of their powers under this $hapter.

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

20+

$+)(T#, @%%. LICENCES AND !EES%


1 1

-GENERAL EXEMPTION(=

@2**% &8<er5me54 a50 MarDe4 C8mmi44ees 584 48 824ai5 lice5ces a50 7ermissi85s % 3 'othing in this )ct or in any rule, by-law or regulation made thereunder shall be construed as reHuiring the taDing out of any licence or the obtaining of any permission under this )ct or any such rule, by-law or regulation in respect of any place in the occupation or under the control of the $entral or the 2["tate! *overnment or of a marDet committee established under the 7adras $ommercial $rops 7arDets )ct, . 4// FTamil 'adu )ct @@ of 4//GC, or in respect of any /[*overnment! property or of any property belonging to such marDet committee.! :EE%IN& O3 ANIMAL#. 2*+% Lice5ces 98r 7laces i5 A?ic? a5imals are De74 %3 F G The owner or occupier of any stable, veterinary infimary, stand, shed, yard, or other place in which Huadrupeds are Dept or taDen in for purposes of profit :[shall apply to the #.ecutive )uthority for a licence not less than thirty and not more than ninety days before the opening of such place or the commencement of the year for which the licence is sought to be renewed, as the case may be.! F2G The <[#.ecutive )uthority! may, by an order and under such restrictions and regulations as he thinDs fit, grant or refuse to grant such licence 5 PPPPPPPPPPPPPPPPPPPPPPPPP . This heading and section 2:: were substituted for the original heading and section 2:: by section : of the Tamil 'adu 0istrict 7unicipalities FThird )mendmentG )ct, 4:2 FTamil 'adu )ct @@@?%%% of 4:2G, re-enacted permanently with specified modifications by section / of, and the "chedule to, the Tamil 'adu ,e-enacting F'o. %%%G )ct, 4:3 FTamil 'adu )ct %@ of 4:3G. 2. This word was substituted for the word Q(rovincialQ by the )daptation &rder, 4<0. /. This word was substituted for Q$rownQ by i%id( :. These words were substituted for the words QshallQ in the first month of every year, or in the case of a place to be newly opened, within one month before the opening of such place, apply to the #.ecutive )uthority for a licence for the use of the same for any such purpose of profitQ by section < of the Tamil 'adu 0istrict 7unicipalities FThird )mendmentG )ct, 4:2 FTamil 'adu )ct @@@?%%% of 4:2G, re-enacted permanently with specified modifications by section / of, and the "chedule to, the Tamil 'adu ,eenacting F'o. %%%G )ct, 4:3 FTamil 'adu )ct %@ of 4:3G. <. These words were substituted for the word Q$hairmanQ by section 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. C"ee now, the Tamil 'adu )gricultural (roduce 7arDets )ct, 4<4 FTamil 'adu )ct 2/ of 4<4G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

20,

(rovided that this section shall not apply to any such place licensed as a place of public entertainment or resort under the [Tamil 'adu! (laces of (ublic ,esort )ct, 333 F [Tamil 'adu! )ct %% of 333G. F/G 'o person shall, without or otherwise than in conformity with a licence, use any place for such a purpose. 2*,% &e5eral 78Aers 89 c854r8l 8<er s4a2les, ca44le#s?e0s a50 c8A#?81ses %3 F G )ll stables cattle-sheds, and cow-houses shall be under the survey and control of the 2[#.ecutive )uthority! as regards their site, construction, materials and dimensions.
F2G The 2[#.ecutive )uthority! may, by notice, reHuire that any stable, cattle-shed or

cow-house, be altered, paved, drained, repaired, disinfected or Dept in such a state as to admit of its being sufficiently cleaned or be supplied with water, or be connected with a sewer, or be demolished.
F/G #very such notice shall be addressed to the owner of the building or land to which the stable, cattle-shed or cow-house belongs, or for the use of the occupants of which the same was constructed or is continued. F:G The e.pense of e.ecuting any worD in pursuance of any such notice shall be borne by the said owner.

2*-% P8Aer 48 0irec4 0isc854i51a5ce 89 1se 89 21il0i5;s as s4a2le, ca44le#s?e0 8r c8A# ?81se %3 %f any stable, cattle-shed or cow-house is not constructed or maintained in the manner reHuired. by or under this )ct, the 2[#.ecutive )uthority! may, by noice, direct that the same shall no longer be used as a stable, cattle-shed or cow-house. #very such notice shall state the grounds on which it proceeds.
/

[2*.. CCC! INDUSTRIES AND FACTORIES

2*9% P1r78ses 98r A?ic? 7laces ma= 584 2e 1se0 Ai4?814 lice5ce% 3 F G The $ouncil may publish a notification in the district gazette and by beat of drum that no place within municipal limits or at a distance within three miles PPPPPPPPPPPPPPPPPPPPPPPPP . The word Q7adrasQ in the short title was inserted by section / of, and the "econd "chedule to, the Tamil 'adu ,epealing )mending )ct, 4<< FTamil 'adu )ct @@@?% of 4<<G. For the word as so inserted and the word Q7adrasQ in the citation the words QTamil 'aduQ were substituted by the Tamil 'adu )daptation of 9aws &rder, 4=4, as amended by the Tamil 'adu )daptation of 9aws F"econd )mendmentG &rder, 4=4. 2. These words were substituted for the word Q$hairmanQ by section 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. /. This section was omitted by section 0: of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

20-

of such limits shall be used for any one or more of the purposes specified in "chedule ? without the [licence of the #.ecutive )uthority! and e.cept in accordance with the conditions specified therein5
2

[(rovided that no such notification shall taDe effect


FaG until si.ty days from the date of publication, and FaG e.cept with the previous sanction of the / ["tate *overnment! in any area outside

the municipal limits.! F2G The owner or occupier of every such place shall, within thirty days of the publication of such notification, apply to the :[#.ecutive )uthority! for a licence for the use of such place for such purpose. F/G The :[#.ecutive )uthority! may, by an order and under such restrictions and regulations as he thinDs fit, grant or refuse to grant such licence.
F:G #ver such licence shall e.pire at the end of the year unless for special reasons the [#.ecutive )uthority! considers it should e.pire at an earlier date, when it shall e.pire at such earlier date as may be specified therein.
:

F<G )pplications for renewal of such licences shall be made <[not less than thirty and

not more than ninety days! before the end of every year and applications for licences for places to be newly opened shall be made <[not less than thirty and not more than ninety days! before they are opened. [F=G Where a licence is granted or renewed under this section for the use of any place outside the municipal limits, the 7unicipal $ouncil shall pay to the panchayat, if any, having Jurisdiction over such place, or if there is no such panchayat, to the district board having such Jurisdiction, such portion of the fee received for the grant or renewal of the licence as the 1 ["tate! *overnment may, by general or special order, direct.! PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the words Q$hairmanEs licenceQ by section 1F2G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG. )ct, 4// FTamil 'adu )ct @? of 4//G. 2. This proviso was substituted for the original proviso by section 00 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. /. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. :. These words were substituted for the word Q$hairmanQ by section 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct,. 4// FTamil 'adu )ct @? of 4//G. <. These words were substituted for the words Qnot less than thirty days,Q by section 1I *i+ of the Tamil 'adu 0istrict 7unicipalities FThird )mendmentG )ct, 4:2 FTamil 'adu )ct @@@?%%% of 4:2G, re-enacted permanently with specified modifications by section / of, and the "chedule to, the Tamil 'adu ,e-enacting F'o. %%%G )ct, 4:3 FTamil 'adu )ct %@ of 4:3G. =. This sub-section was added by section 1I*ii+ i%id( 1. This word was substituted for the word Q(rovincialQ by the )daptation &rder of 4<0.
=

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

20.

2+0% A77lica4i85 48 2e ma0e 98r c85s4r1c4i85, es4a2lis?me54 8r i5s4alla4i85 89 9ac48r=, A8rDs?87 8r A8rD#7lace i5 A?ic? s4eam 8r 84?er 78Aer is 48 2e em7l8=e0 %3 F G #very person intending O
FaG to construct or establish any factory, worDshop or worD-place in which it is

proposed to employ steam-power, water-power or other mechanical power or electrical power, or


FbG to install in any premises any machinery or manufacturing plant driven by steam, water or other power as aforesaid, [not being machinery or manufacturing plant e.empted by rules! shall, before beginning such construction, establishment or installation, maDe an application in writing to the 7unicipal $ouncil for permission to undertaDe the intended worD.

F2G The application /[shall specify the ma.imum number of worDers proposed to be : [CCC! employed <[on any day! in the factory, worDshop, worDplace or premises and! shall be accompanied by F G a plan of the factory, worDshop, worD-place or premises prepared in such manner as may be prescribed by rules made in this behalf by the =["tate *overnment!, and *ii+ such particulars as to the power, machinery, plant or premises as the 7unicipal $ouncil may reHuire by by-laws made in this behalf.! F/G The 7unicipal $ouncil shall, as soon as may be after the receipt of the application ,FaG grant the permission applied for, either absolutely or subJect to such conditions as it thinDs fit to impose N or FbG refuse permission, if it is of opinion that such construction, establishment or installation is obJectionable by reason of the density of the population in the neighbourhood or that it is liDely to cause a nuisance.

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were inserted by section 1 *i+ of the Tamil 'adu 0istrict 7unicipalities FThird )mendmentG )ct, 4:2 FTamil 'adu )ct @@@?%%% of 4:2G, re-enacted permanently with specified modifications by section / of, and the "chedule to, the Tamil 'adu ,e-enacting F'o. %%%G )ct, 4:3 FTamil 'adu )ct %@ of 4:3G. 2. This sub-section was substituted for the original sub-section by section 0= *i+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. /. These words were inserted by section 1 *ii+ of the Tamil 'adu 0istrict 7unicipalities FThird )mendmentG )ct, 4:2 FTamil 'adu )ct @@@?%%% of 4:2G, re-enacted permanently with specified modifications by section / of, and the "chedule to, the Tamil 'adu ,e-enacting F'o. %%%G )ct, 4:3 FTamil 'adu )ct %@ of 4:3G. :. The word QsimultaneouslyQ was omitted by the "chedule to the Tamil 'adu ,e-enacting F'o. %%%G )ct, 4:3 FTamil 'adu )ct %@ of 4:3G. <. These words were substituted for the words Qat any timeQ by i%id( =. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1, and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0.

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[F:G 2efore granting permission under sub-section F/G, the 7unicipal $ouncil O FaG shall 2[if more than nine worDers are proposed to be /[CCC! employed :[on any day! in the factory, worDshop, worD-place or premises! obtain the approval of the %nspector of Factories appointed under the %ndian Factories )ct, 4 <F$entral )ct @%% of 4 G, having Jurisdiction in the area of the 7unicipality, or if there is more than one such %nspector, of the %nspector designated by the =["tate *overnment! in this behalf by general or special order, as regards the plan of the factory, worDshop, worD-place or premises with reference to O
FiG the adeHuacy of the provision for ventilation and light N FiG FiG

the-sufficiency of the height and dimensions of the rooms and doors N the suitability of the e.its to be used in case of fire N and
=

FiiG such other mattes as may be prescribed by rules made by the

["tate

*overnment! N and FbG shall consult and have due regard to the opinion of the municipal health officer where the 7unicipal $ouncil employs such an officer and of the 1[0istrict +ealth &fficer! in other cases, as regards the suitability of the site of the factory, worDshop, worD-place or premises for the purpose specified in the application!. [F<G! 7ore than nine worDers shall not be 4[CCC! employed factory, worDshop, worD-place or premises, unless the permission
3 0

[on any day! in any

PPPPPPPPPPPPPPPPPPPPPPPPP . This sub-section was substituted for the original sub-section by section 10I *ii+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. These words were inserted by section 1 FiiiG of the Tamil 'adu 0istrict 7unicipalities FThird )mendmentG )ct, 4:2 FTamil 'adu )ct @@@?%%% of 4:2G, re-enacted permanently with specified modifications by section / of, and the "chedule to, the Tamil 'adu ,e-enacting F'o. %%%G )ct, 4:3 FTamil 'adu )ct %@ of 4:3G. /. The word QsimultaneouslyQ was omitted by the "chedule to the Tamil 'adu ,e-enacting F'o. %%%G )ct, 4:3 FTami 'adu )ct %@ of 4:3G. :. These words were substituted for the words Qat any timeQ %G i%id( <. "ee now the Factories )ct, 4:3 F$entral )ct 9@%%% of 4:3G. =. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. 1. These words were substituted for the words Qdistrict medical officerQ by section 1 FivG of the Tamil 'adu 0istrict 7unicipalities FThird )mendmentG )ct, 4:2 FTamil 'adu )ct @@@?%%% of 4:2G, re-enacted permanently with specified modifications by section / of, and the "chedule to, the Tamil 'adu ,e-enacting F'o. %%%G )ct, 4:3 FTamil 'adu )ct %@ of 4:3G. 3. "ub-sections F<G and F=G and the #.planation were substituted for original sub-section F<G by section 1 FvG, i%id( 4. The word QsimultaneouslyQ was omitted by the "chedule to the Tamil 'adu ,e-enacting F'o. %%%G )ct, 4:3 FTamil 'adu )ct %@ of 4:3G. 0. These words were substituted for the words Qat any timeQ by i%id

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granted in respect thereof under sub-section F/G authorises such employment, or unless fresh permission authorising such employment has been obtained from the 7unicipal $ouncil. 2efore granting such fresh permission, the $ouncil shall obtain the approval of the %nspector of Factories referred to in clause *1+ of sub-section F:G as regards the plan of the factory, worDshop, worD-place or premises, with reference to the matters specified in that clause. F=G The grant of permission under this section O
FaG shall, in regard to the replacement of machinery, the levy of fees, the

conditions to be observed and the liDe, be subJect to such restrictions and control as may be prescribed N and
FbG shall not be deemed to dispense with the necessity for compliance with the

provisions of sections 41 and 44 or sections 203 and 204, as the case may be. E67la5a4i85 %3 The word QworDerQ in sub-sections F2G, F:G and F<G shall, in relation to any factory, worD-shop, worD-place or premises, have the same meaning in the Factories )ct, 4/:. F$entral )ct @@? of 4/:G ! [F1G "ave as otherwise specially provided in this )ct, if orders on an, application for permission under sub-section F G are not received by the applicant within si.ty days after the receipt of the application by the #.ecutive )uthority, permission shall be deemed to have been granted subJect to the law, rules, bylaws, regulations and all conditions ordinarily imposed. F3G 'othing contained in clause *1+ of sub-section F:G and sub-section F<G shall apply if the approval to the factory, worD-shop, worD-place or premises referred to therein, has already been obtained under the provisions of any law relating to factories for the time being in force.! 2+1% C815cil ma= iss1e 0irec4i85s 98r a2a4eme54 89 51isa5ce ca1se0 2= s4eam 8r 84?er 78Aer %3 F G %f, in any factory, worDshop or worD-place in which steam-power, water-power or other mechanical power or electrical power is used, nuisance is in the opinion of the 7unicipal $ouncil caused by reason of the particular Dind of fuel employed or by reason of the noise or vibration created, the 7unicipal $ouncil may issue such directions as it thinDs fit for the abatement of the nuisance within a reasonable time to be specified for the purpose.
2

PPPPPPPPPPPPPPPPPPPPPPPPP . "ee now the Factories )ct, 4:3 F$entral )ct 9@%%% of 4:3G. 2. These sub-sections were added by section / FiG of the Tamil 'adu 9ocal )uthoritiesE 9aws F)mendmentG )ct, 41: FTamil 'adu )ct /4 of 41:G.

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F2G %f there has been willful default in carrying out such directions or if abatement is found impracticable, the 7unicipal $ouncil may O
FaG prohibit the use of the particular Dind of fuel employedN or FbG restrict the noise or vibration by prohibiting the worDing of the factory,

worD-shop or worD-place between the hours of 4./0 p.m. and <./0 a.m. 2+2% P8Aer 89 4?e @S4a4e &8<er5me54E 48 7ass 8r0ers 8r ;i<e 0irec4i85s 48 M15ici7al C815cil %3 The ["tate *overnment! may, either generally or in any particular case, maDe such order or give such directions as 2[they may deem fit! in respect of any action taDen /[or omitted to be taDen! :[CCC! under section 2<0 or section 2< . 2+'% T?e <@E6ec14i<e A14?8ri4=E ma= e54er a5= 9ac48r=, A8rD#s?87 8r A8rD#7lace %3 F G The <[#.ecutive )uthority! or any person authorised by him in this behalf may enter any factory, worDshop or worD-place O
FaG at any time between sunrise and sunsetN FbG at any time when any industry is being carried onN and FaG at any time by day or by night, if he has reason to believe that any offence is

being committed under section 2<0 or section 2< . F2G 'o claim shall lie against any person for any damage or inconvenience necessarily caused by the e.ercise of powers under this section or by the use of any force neces $ary for the purpose of effecting an entrance under this section. #LAU&HTE$IN& 2+*% Pr8<isi85 89 M15ici7al sla1;?4er#?81ses %3 F G The 7unicipal $ouncil shall provide a sufficient number of places for use as municipal slaughterhouses and may charge rents and fees for their use =[at such rates as it may thinD fit.! PPPPPPPPPPPPPPPPPPPPPPPPP . The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. 2. These words were substituted for the words Qhe may deem fitQ by the "chedule to the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. /. These words were inserted by section 01 FiG, i%id( :. The words Qby the 7unicipal $ouncilQ were omitted by section 01 FiiG, i%id( <. These words were substituted for the word Q$hairmanQ by section 1F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. =. These words were added by section 3 FiG of the Tamil 'adu 0istrict 7unicipalities FThird )mendmentG )ct, 4:2 FTamil 'adu )ct @@@?%%% of 4:2G, re-enacted permanently with specified modifications by section / of, and the "chedule to, the Tamil 'adu ,e-enacting F'o. %%%G 4:3 FTamil 'adu )ct %@ of 4:3G.

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212

[F2G! The $ouncil may


FaG place the collection of such rents and fees under the management of such persons as may appear to it proper N or FbG farm out such collection for any period not e.ceeding three years at a time and

on such terms and conditions as it may thinD fit.! F/G 7unicipal slaughter-hoses may be situated within, or with the sanction of the 2["tate *overnment!, without the 7unicipality. 2++% Lice5ce 98r sla1;?4er#?81ses %3 F G The owner of any place /[within municipal limits or at a distance within three miles of such limits! which is used as a slaughter-house for the slaughtering of animals or for the sDinning or cutting up of any carcasses, :[CCC! <[shall apply to the #.ecutive )uthority for a licence not less than thirty and not more than ninety days before the opening of such place as a slaughter-house or the commencement of the year for which the licence is sought to be renewed, as the case may be! 5 [(rovided that this sub-section shall not taDe effect in any area outside the municipal limits e.cept with the previous sanction of the 2["tate *overnment!.! F2G The 1[#.ecutive )uthority! may, by an order and subJect to such restrictions and regulations as to supervision and inspection and as he thinDs fit, grant or refuse to grant such licence. 2+,% Sla1;?4er 89 a5imals 01ri5; 9es4i<als a50 cerem85ies .OThe 1[#.ecutive )uthority! may allow any animal to be slaughtered in such places as he thinDs fit on occasions of festivals and ceremonies or as a special measure. PPPPPPPPPPPPPPPPPPPPPPPPP . This sub-section was substituted for original sub-section F2G buy section 3 FiiG, the Tamil 'adu 0istrict 7unicipalities FThird )mendmentG )ct, 4:2 FTamil 'adu )ct @@@?%%% of 4:2G, re-enacted permanently with specified modifications by section / of, and the "chedule to, the Tamil 'adu ,e-enacting F'o. %%%G 4:3 FTamil 'adu )ct %@ of 4:3G. 2. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation order of 4<0. /. These words were substituted for the words Qin the 7unicipalityQ by section 03 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. :. The words Q or any place within three miles of the municipal limits wich is used 13 a slaughterhouse for the slaughtering of animals intended for food to be consumed within the 7unicipalityQ were omitted by i%id( <. These words were substituted for the words Qshall in the first month of every year, or in the case of a place to be newly opened, one month before the opening of the same, apply to the #.ecutive )uthority for a licenceQ by section 4 of the Tamil 'adu 0istrict 7unicipalities FThird )mendmentG )ct, 4:2 FTamil 'adu )ct @@@?%%% of 4:2G, reenacted permanently with specified modifications by section / of, and the "chedule to, the Tamil 'adu ,e-enacting F'o. %%%G )ct, 4:3 FTamil 'adu )ct %@ of 4:3G. =. This proviso was added by section 03F2G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 1. These words were substituted for the word Q$hairmanQ by section 1F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.
=

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

21'

2+-% Sla1;?4er 89 a5imals 98r sale as 9880 .O'o person shall slaughter within the 7unicipality, e.cept in a public or licensed slaughter-house, any cattle, horse, sheep, goat or pig for sale as food or sDin or cut up any carcass without or otherwise than in conformity with a licence from the [#.ecutive )uthority! or dry or permit to be dried any sDin in such a manner as to cause a nuisance 5

(rovided that the [#.ecutive )uthority! may authorise any person to slaughter, without licence and without the payment of any fee, any animal for the purpose of a religious ceremony. THE MIL: T$ADE
2+.% Re;1la4i85 89 milD 4ra0e %3 F G 'o person shall, without or otherwise than in conformity with a licence from the [#.ecutive )uthority! ,O FaG carry on within the 7unicipality the trade or business of a dealer in or importer or

seller or hawDer of milD or dairy-produce N


FaG use any place in the 7unicipality for the sale of milD or dairy-produce5

(rovided that no such licence shall be given to any person who is suffering from a dangerous disease. F2G "uch licence may be refused or may be granted on such conditions as the [#.ecutive )uthority! may deem necessary which may e.tend to the construction, ventilation, conservancy, supervision and inspection of the premises, whether within or without municipal limits, where the animals from which the milD-supply is derived are Dept. MA$:ET#8 5UTCHE$#8 3I#HMON&E$#8 HA!:E$#
2+9% P12lic MarDe4s %3 )ll marDets which are 2[acHuired!, constructed, repaired or

maintained out of the municipal fund shall be deemed to be public marDetsN E[and such marDets shall be open to persons of whatever caste or creed.!
2,0% P8Aers i5 res7ec4 89 P12lic MarDe4s %3 F G The $ouncil may provide places for use as (ublic 7arDets.

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by section 1F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 2. This word was inserted by section 04 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct of 4/0G. /. ) semi colon was substituted for the full stop at the end of the original section and these words were added by section : of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/4 FTamil 'adu )ct @?%% of 424G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

21*

[F2G The $ouncil may in any public marDet levy any one or more of the following fees at such rates and may place the collection of such fees under the management of such persons as may appear to it proper or may farm out such fees 2[for any period not e.ceeding three years at a time and! on such terms and subJect to such conditions as it may deem fit5
FaG fees for the use of or, for the right to e.pose goods for sale in, such marDets N FbG fees for the use of shops, stalls, pens or stands in such marDets N FaG fees on vehicles or pacD-animals carrying, or on persons bringing, goods for sale

in such marDets N
FbG fees on animals brought for sale into, or sold in, such marDets N and FcG licence fees on broDers, commission agents, weighmen and measures practising

their calling in such marDets.! F/G The $ouncil may, with the sanction of the /["tate *overnment!, close any public marDet or part thereof. 2,1% C854r8l 89 4?e :@E6ec14i<e A14?8ri4=E 8<er P12lic MarDe4s %F G 'o person shall, without the permission of the :[#.ecutive )uthority!, or if the <[fees! have been farmed out, of the farmer, sell or e.pose for sale any animal or article within any public marDet. F2G The :[#.ecutive )uthority! may e.pel from any public marDet any person who or whose servant has been convicted of disobeying any by-laws at the time in force in such marDet and may prevent such person from further carrying on by himself or his servants or agents, any trade or business in such marDet, or occupying any shop, stall or other place therein and may determine any lease or tenure which such person may possess in any such shop, stall or place.

PPPPPPPPPPPPPPPPPPPPPPPPP . This sub-section was substituted for the original sub-section by section 0 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. These words were inserted by section 20 of the Tamil 'adu 0istrict 7unicipalities FThird )mendmentG )ct, 4:2 FTamil 'adu )ct @@@?%%% of 4:2G, re-enacted permanently with specified modifications by section / of, and the "chedule to, the Tamil 'adu ,eenacting F'o. %%%G )ct, 4:3 FTamil 'adu )ct %@ of 4:3G. /. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincial by the )daptation &rder of 4<0. :. These words were substituted for the word Q$hairmanQ by section 1F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. <. This word was substituted for the words Qrents and feesQ by section of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

21+

@2,2% Lice5ce 98r Pri<a4e MarDe4 %3 F G 'o person shall open a new (rivate 7arDet or continue to Deep open a (rivate 7arDet unless he obtains from the $ouncil a licence to do so.
F2G )pplication for such licence shall be made by the owner of the place in respect of which the licence is sought 2[not less than thirty and not more than ninety days before such place is opened as a marDet, or the commencement of the year for which the licence is sought to be renewed!, as the case may be. F2G The $ouncil shall, as regards (rivate 7arDets already lawfully established and may, at its discretion as regards new (rivate 7arDets, grant the licence applied for subJect to such regulations as to supervision and inspection and to such conditions as to sanitation, drainage, / [water-supply!, width of paths and ways, weights and measures to be used, and rents and fees to be charged in such marDet as the $ouncil may thinD proper N or the $ouncil may refuse to grant any such licence for any new (rivate 7arDet. The $ouncil may, however, at any time, for breach of the conditions thereof, suspend or cancel any licence which has been granted under this section. The $ouncil may also modify the conditions of the licence to taDe effect from a specified date. F/G When a licence is granted, refused, suspended, cancelled or modified under this section, the $ouncil shall cause a notice of such grant, refusal, suspension, cancellation or modification in #nglish and :[in a regional language! of the district to be posted in some conspicuous place at or near the entrance to the place in respect of which the licence was sought or had been obtained. F:G #very licence granted under this section shall e.pire at the end of the year.!

[2,2#A. !ee 98r lice5ce %3 When a licence granted under section 2=2 permits the levy of any fees of the nature specified in sub-section F2G of section 2=0, a fee not e.ceeding fifteen per centum of the gross income of the owner

<

PPPPPPPPPPPPPPPPPPPPPPPPP . This section was substituted for the original section by section 2, of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. These words were substituted for the words Qnot less than si. weeDs before such place is opened as a marDet or before the commencement of the year for which the licence is soughtQ by section 2 of the Tamil 'adu 0istrict 7unicipalities FThird )mendmentG )ct, 4:2 FTamil 'adu )ct @@@?%%% of 4:2G, re-enacted permanently with specified modifications by section of, and the "chedule to, the Tamil 'adu ,e-enacting F'o. %%%G )ct, 4:3 FTamil 'adu )ct %@ of 4:3G. /. &mitted in respect of $hennai $ity 7etropolitan 0evelopment )uthority by the Tamil 'adu )ct 23 of 413. :. These words were substituted for the words Qa vernacular languageQ by section / of, and the second "hedule to, the Tamil 'adu ,epealing and )mending )ct, 4<< FTamil 'adu )ct @@@?% of 4<<G. <. This section was inserted by section / of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

21,

from the marDet in the preceding year shall be charged by the 7unicipal $ouncil for such licence.! 2,'% Sale i5 15lice5se0 Pri<a4e MarDe4s %3 %t shall not be lawful for any person to sell or e.pose for sale any animal or article in any unlicensed (rivate 7arDet. 2,*% P8Aers 89 C815cil i5 res7ec4 89 Pri<a4e MarDe4s %3 The $ouncil may by notice reHuire the owner, occupier, or farmer of any (rivate 7arDet to O
FaG construct approaches, entrances, passages, gates, drains and cesspits for such

marDet and provide it with latrines of such description and in such position and number as the $ouncil may thinD fitN
FbG roof and pave the whole or any portion of it or pave any portion of the floor with such material as will in the opinion of the $ouncil secure imperviousness and ready cleansingN FcG ventilate it properly and provide it with a supply of waterN FdG provide passages of sufficient width between the stalls and maDe such alterations

in the stalls, passages, shops, doors or other parts of the marDet as the $ouncil may directN and
FaG Deep it in a cleanly and proper state and remove all filth and refuse therefrom.

2,+% S1s7e5si85 8r re91sal 89 lice5ce i5 0e9a1l4 %3 F G %f any person after notice given to him in that behalf by the -$ouncil fails within the period and in the manner laid down in the said notice to carry out any of the worDs specified in section 2=:, the $ouncil may suspend the licence of the said person, or may refuse to grant him a licence, until such worDs have been completed. F2G %t shall not be lawful for any person to open or Deep open any such marDet after such suspension or refusal. 2,,% Pr8?i2i4i85 a;ai5s4 51isa5ces i5 Pri<a4e MarDe4s %3 'o owner, occupier, agent or manager in charge of any (rivate 7arDet, or of any shop, stall, shed or other place therein shall Deep the same so that it is a nuisance or fail to cause anything that is a nuisance to be at once removed to a place to be [specified! by the $ouncil.

PPPPPPPPPPPPPPPPPPPPPPPPP . This word was substituted for the word QnotifiedQ by section 2 FiiG of the Tamil 'adu 0istrict 7unicipalities and 9ocal 2oards F"econd )mendmentG )ct, 4:: FTamil 'adu )ct @?%%% of 4::G, re-enacted permanently by section 2 of, and the First "chedule to, the Tamil 'adu ,e- enacting and ,epealing F'o. G )ct, 4:3 FTamil 'adu )ct ?%% of 4:3G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

21-

2,-% P8Aer 48 cl8se Pri<a4e MarDe4s %3 The $ouncil or any officer duly authorised by it in that behalf may close any (rivate 7arDet in respect of which no licence has been applied for or [CCC! the licence for which has been refused, withheld or suspended 2[or which is held or Dept contrary to the provisions of this )ct.!

@2,-#A% AcC1isi4i85 89 ri;?4s 89 7ri<a4e 7ers85s 48 ?8l0 Pri<a4e MarDe4s %3 F G ) 7unicipal $ouncil may acHuire the rights of any person to hold a (rivate 7arDet in any place and to levy fees therein. The acHuisition shall be made under the 9and )cHuisition )ct, 34: F$entral )ct % of 34:G and such rights shall be deemed to be land for the purpose of that )ct. F2G &n payment by the 7unicipal $ouncil of the compensation awarded under the said )ct in respect of such property and any other charges incurred in acHuiring it, the rights of such person to hold a (rivate 7arDet and to levy fees therein shall vest in the 7unicipal $ouncil.!
2,.% D14= 89 e67elli5; le7ers, e4c%, 9r8m marDe4s a50 78Aer 48 e67el 0is41r2ers %3

'

The person in charge of a marDet shall prevent the entry therein or e.pel therefrom any person suffering from leprosy in whom the process of ulceration has commenced or from any infectious or contagious disease who sells or e.poses for sale therein any article or who, not having purchased the same, handles any articles e.posed for sale therein, and he may e.pel therefrom any person who is creating a disturbance therein.
2,9% )14c?er:s, 9is?m85;er:s a50 781l4erer:s lice5ce% 3 F G 'o person shall, without or

otherwise than in conformity with a licence from the :[#.ecutive )uthority!, carry on the trade of a butcher, fishmonger or poulterer, or use any place for the sale or flesh of fish intended for human food in any place within municipal limits or at a distance within three miles of such limits 5 (rovided that no licence shall be reHuired for a place used for the selling or storing for sale of preserved flesh or fish contained in airtight and hermetically sealed receptacles 5 [(rovided further that no licence shall be reHuired for any place included in a public marDet as defined in section =1 of the =[Tamil 'adu! 9ocal 2oards )ct, 4201F=[Tamil 'adu! )ct @%? of 420G.!
<

PPPPPPPPPPPPPPPPPPPPPPPPP . The words Qany (rivate 7arDetQ were omitted by section : of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. These words were added by i%id( /. This section was inserted by section < i%id( :. These words were substituted for the word Q$hairmanQ by section 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. <. This proviso was added by section =, of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct . of 4/0G. =. These words were substituted for the word Q7adrasQ by the Tamil 'adu )daptation of 9aws &rder, 4=4, as amended by the Tamil 'adu )daptation of 9aws F"econd )mendmentG &rder, 4=4, which came into force on the :th 6anuary 4=4. 1. 'ow the Tamil 'adu 0istrict 2oards )ct, 420 FTamil 'adu )ct @%? of 420G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

21.

F2G The [#.ecutive )uthority! may, by an order and subJect to such restrictions as to

supervision and inspection as he thinDs fit, grant or refuse to grant such licence.
F/G #very such licence shall e.pire at the end of the year in which it is granted unless for special reasons the [#.ecutive )uthority! considers it should e.pire at an earlier date, when it shall e.pire at such earlier date as may be specified therein.

2-0% P8Aer 48 7r8?i2i4 8r re;1la4e sale 89 ar4icles i5 712lic s4ree4s % The [#.ecutive )uthority! may, with the sanction of the $ouncil, prohibit by public notice or licence, or regulate the sale or e.posure for sale, of any 2[animals or! articles in or on any public street or part thereof.
'

@2-0#A% Decisi85 89 0is714es as 48 A?e4?er 7laces are marDe4s% 3

%f any Huestion arises whether any place where persons assemble for the sale or purchase of articles of food or clothing, of livestocD or poultry, of cotton, groundnut or other industrial crops or of any other raw or manufactured products is a marDet or not the 7unicipal $ouncil shall maDe a reference to the :["tate *overnment! and the decision of the :["tate *overnment! on the Huestion shall be final.! < -CA$T4#TAND#/ @2-0#)% Pr8<isi85 89 712lic car4-s4a50s, e4c% %3 F G The 7unicipal $ouncil may construct or provide =[and maintain! public landing places, halting places and cart-stands and may levy fees for the use of the same.
1 <

[F -)G The $ouncil may

FaG place the collection of any such fees under the management of such persons as may appear to it properN or PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by section 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 2. These words were inserted by section 1 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. /. This section was inserted by section 3, i%id( :. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnment Q by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. <. "ections 210-2 to 210-# and the heading thereto were inserted by section 3 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. =. These words were inserted by section 2 F G of the Tamil 'adu 0istrict 7unicipalities and 9ocal 2oards F)mendmentG )ct, 4: FTamil 'adu )ct @%% of 4: G, re-enacted permanently by section 2 of, and the First "chedule to, the Tamil 'adu ,e-enacting F'o. %%G )ct, 4:3 FTamil 'adu )ct ?%%% of 4:3G. 1. "ub-sections F -)G and F -2G were inserted by section 2 *ii+ i%id(

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

219

*%+ farm out the collection of any such fees for any period not e.ceeding three years at a time and on such terms and conditions as it may thinD fit. F -2G )ny agreement entered into by a 7unicipal $ouncil, farming out the collection of such fees for a period, not e.ceeding three years, commencing on or after the st )pril 4: , shall be valid, notwithstanding that such agreement was entered into before the commencement of the Tamil 'adu 0istrict 7unicipalities and 9ocal 2oards F)mendmentG )ct, 4: FTamil 'adu )ct @%% of 4: G.! F2G ) statement in #nglish and a vernacular language of the district of the fees fi.ed by the $ouncil for the use of such place shall be put up in a conspicuous part thereof. E'planation (B ) cart-stand shall, for the purposes of this )ct, include a stand for carriages including motor vehicles within the meaning of the %ndian 7otor ?ehicles )ct, 4 :2 and animals.! @2-0#C% Pr8?i2i4i85 89 1se 89 712lic 7lace 8r si0es 89 712lic s4ree4 as car4#s4a50, e4c%% 3 Where a 7unicipal $ouncil has provided a public landing place, halting place or cartstand, the :[#.ecutive )uthority! may prohibit the use for the same purpose by any person within such distance thereof, as may be determined by the 7unicipal $ouncil, of any public place or the sides of any public street.! @2-0#D% Rec8<er= 89 car4#s4a50 9ees, e4c%%3 F G %f the fee leviable under sub-section F G of section 210-2 in respect of a vehicle or animal is not paid on demand, the person appointed to collect such fee may seize and detain such portion of the appurtenances or load of such vehicle or animal as will, in his opinion, suffice to defray the amount due N in the absence of any such appurtenances or load or in the event of this value being insufficient to = [defray the amount! due, he may seize and detain the vehicle or animal.
< /

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were inserted by "chedule-% to the Tamil 'adu 7otor ?ehicles Ta.ation )ct, 4/ FTamil 'adu )ct %%% of 4/ G. 2. S&& now, the 7otor ?ehicles )ct, 433 F$entral )ct of 433G. /. "ection 210-2 to 210-# and the heading thereto were inserted by section 3 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. :. These words were substituted for the word Q$hairmanQ by section 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. <. This section was substituted by "chedule % to the Tamil 'adu 7otor ?ehicles Ta.ation )ct, 4/ FTamil 'adu )ct %%% of 4/ G, for the original section 210-0 which was inserted by section 3 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. =. These words were substituted for the words Edefray their amountQ by section 0 F G of the Tamil 'adu 7otor ?ehicles Ta.ation F)mendmentG )ct, 4/2 FTamil 'adu )ct ? of 4/2G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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F2G )ll property seized under sub-section F G shall be sent within twenty-four hours to

the [#.ecutive )uthority! or to such person as he may have authorised to receive and sell such property and the [#.ecutive )uthority! shall forthwith give notice to the proprietor of the property seized, or, if the proprietor is not Dnown, or is not resident within the 7unicipality to the person who was in, charge of the said property at the time when it was seized, or if such person cannot be found, publish by beat of drum, that after the e.piry of two days, e.clusive of "unday, from the date of service or publication of such notice, the property will be sold by auction at a place to be specified in the notice.
F/G %f, at any time before the sale has begun, the amount due on account of the fee,

together with a sum of four annas on account of charges incurred in connection with the seizure and detention, is tendered to the [#.ecutive )uthority! or other person authorised as aforesaid, the property seized shall be forthwith released.
F:G %f no such tender is made, the property may be sold and the proceeds of the sale applied to the payment of-

*i+ the amount due on account of the fee N


FiiG such penalty not e.ceeding the amount of the fee as the [#.ecutive )uthority! may directN and

a sum of eight annas on account of charges incurred in conne.ion with the seizure, detention and sale.!
FiiG

@2-0#E% Lice5ce 98r 7ri<a4e car4#s4a50 %3 F G 'o person shall open a new private cartstand or continue to Deep open a private cart-stand unless he obtains from the $ouncil a licence to do so. F2G )pplication for such licence shall be made by the owner of the place in respect of which the licence is sought /[not less than thirty and not more than ninety days before the opening of such place as a cart-stand, or the commencement of the year for which the licence is sought to be renewed!, as the case may be. PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by section 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 2. "ection 210-2 to 210-# and the heading thereto were inserted by section 3 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. /. These words were substituted for the words Qnot less than si. weeDs before such place is opened as a cart-stand or before the commencement of the year for which the licence is soughtQ by section 22 of the Tamil 'adu 0istrict 7unicipalities FThird )mendmentG )ct 4:2 FTamil 'adu )ct @@@?%%% of 4:2, re-enacted permanently with specified modifications by section / of, and the "chedule to, the Tamil 'adu ,e-enacting F'o. %%%G )ct, 4:3 FTamil 'adu )ct %@ of 4:3G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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F/G The $ouncil shall as regards private cart-stands already lawfully established and may, at its discretion, as regards new private cart-stands, grant the licence applied for subJect to such regulations as to supervision and inspection and to such conditions as to conservancy as the $ouncil may thinD properN or the $ouncil may refuse to grant any such licence for any new private cart-stand. The $ouncil may, however, at any time for breach of the conditions thereof suspend or cancel any licence which has been granted under this section. The $ouncil may also modify the conditions of the licence to taDe effect from a specified date. F:G When a licence is granted, refused, suspended, cancelled or modified under this section, the $ouncil shall cause a notice of such grant, refusal, suspension, cancellation or modification, in #nglish and a vernacular language of the district to be pasted in some conspicuous place at or near the entrance to the place in respect of which the licence was sought or had been obtained. F<G The $ouncil may levy for every licence granted under this section a fee not e.ceeding three hundred rupees per annum. F=G #very licence granted under this section shall e.pire at the end of the year.!

INSPECTION OF PLACES FOR SALE' ETC(


2-1% D14= 89 1@E6ec14i<e A14?8ri4=E 48 i5s7ec4 %3 %t shall be the duty of the [#.ecutive

)uthority! to maDe provision for the constant and vigilant inspection of animals, carcasses, meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread, flour, milD, ghee, butter, oil and any other articles e.posed or hawDed about for sale or deposited in or brought to any place for the purpose of sale or preparation for sale.
2-2% P8Aers 89 1@E6ec14i<e A14?8ri4=E98r 71r78ses 89 i5s7ec4i85%3 F G The [#.ecutive

)uthority! or any person authorized by him in writing for the purpose may without notice enter any slaughter-house or any place where animals, poultry or fish intended for food are e.posed for sale or where articles of food are being manufactured or e.posed for sale at any time by day or night, when the slaughter, e.posure for sale or manufacture is being carried on and inspect, the same and any utensil or vessel used for manufacturing, preparing or containing any such articles. F2G %f the [#.ecutive )uthority! or any person so authorised by him has reason to believe that in any place any animal intended for human food is being

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by section 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

222

slaughtered or any carcasses being sDinned or cut up or that any food is being manufactured, stored, prepared, pacDed, cleansed, Dept or e.posed for sale, or sold without, or otherwise than in conformity with a licence, he may enter any such place without notice, at any time by day or night for the purpose of satisfying himself whether any provision of laws, by-laws, or regulations or any condition of a licence is being contravened.
F/G 'o claim shall lie against [an 2F#.ecutive )uthorityG! or any person acting under

his authority or the $ouncil for any damage or inconvenience necessarily caused by the e.ercise of powers under this section or by the use of any force necessary for effecting an entry into any place under this section.
F:G %n any legal proceedings in respect of powers e.ercised under this section in which it is alleged that any animals, poultry, fish or articles of food were not Dept, e.posed, hawDed about, manufactured, prepared, stored, pacDed, or cleansed for sale, or were not intended for human food, the burden of proof shall lie on the party so alleging. 2-'% Pre<e54i5; i5s7ec4i85 2= 2@E6ec14i<e A14?8ri4=E %3 'o person shall, in any

manner whatsoever, prevent the [#.ecutive )uthority! or person duly authorised by him e.ercising his powers under the last preceding section.
2-*% P8Aer 89 2@E6ec14i<e A14?8ri4=E 48 seiMe 0isease0 a5imals, 586i81s 9880 %3 %f

any animal, poultry or fish intended for food appears to the 2[#.ecutive )uthority! or to a person duly authorised by him, to be diseased, or any food appears to him to be no.ious, or if any vessel or utensil used in manufacturing, preparing or containing such article appears to be of such Dind or in such state as to render the article no.ious, he may seize or carry away or secure such animal, article, utensil, or vessel, in order that the same may be dealt with as hereinafter provided. E'planation (BM&14 subJect to the process of blowing shall be deemed to be no.ious.
2-+% Rem8<i5; 8r i54er9eri5; Ai4? ar4icles seiMe0 %3 'o person shall remove or in any way interfere with an animal or article secured under the last preceding section. 2-,% P8Aer 48 0es4r8= ar4icle seiMe0 %3 F G When any animal or article of food is seized under "ection 21:, it may, with the consent of the owner or

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the words Qa #.ecutive )uthorityQ by section / F2G of, and the "econd "chedule to, the Tamil 'adu ,epealing and )mending )ct, 4< FTamil 'adu )ct @%? of 4< G. 2. These words were substituted for the word Q$hairmanQ by section 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

22'

person in whose possession it was found, be forthwith destroyed in such manner as to prevent its being used for human food or e.posed for sale, and if the article is perishable, without such consent. F2G )ny e.penses incurred in destroying any animal or article under subsection F G shall be paid by the owner or person in whose possession it was at the time of its seizure. 2--% Pr801c4i85 89 ar4icles, e4c%, seiMe0 2e98re Ma;is4ra4e a50 78Aers 89 Ma;is4ra4e 48 0eal Ai4? 4?em %3 F G )rticles offood, animals, poultry, fish, utensils, vessels, etc., seized under section 21: and not destroyed under section 21= shall, as soon as possible, be produced before a 7agistrate. F2G Whether or not complaint is laid before a 7agistrate of any offence under the %ndian (enal $ode F$entral )ct @9? of 3=0G or under this )ct, if it appears to the 7agistrate on taDing such evidence as he thinDs necessary that any such animal, poultry or fish is diseased, or any such article is no.ious or any such utensil or vessel is of such Dind or in such state as is described in section 21:, he may order the same O
FaG to be forfeited to the $ouncil N FbG to be destroyed at the charge of the owner or person in whose possession it was

at the time of seizure, in such manner as to prevent the same being again e.posed or hawDed about for sale, or used for human food or for the manufacture or preparation of, or for containing, any such article as aforesaid. DI#%O#AL O3 THE DEAD 2-.% Re;is4ra4i85 8r cl8si5; 89 8A5erless 7laces 98r 0is78sal 89 0ea0 %3 F G #very owner or person having the control of any place used at the date of the coming into operation of this )ct, as a place for burying, burning, or otherwise disposing of the dead shall, if such place be not already registered, apply to the $ouncil to have such place registered. F2G %f it appears to the $ouncil that there is no owner or person having the control of such place, it shall assume such control and register such place, or may, with the sanction of the ["tate *overnment!, close it. 2-9% Lice5si5; 89 7laces 98r 0is78sal 89 0ea0 %3 F G 'o 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 $ouncil on application.

PPPPPPPPPPPPPPPPPPPPPPPPP . The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

22*

F2G "uch application for a licence shall be accompanied by a plan of the place to be registered, showing the locality, boundary and e.tent thereof, the name of the owner or person or community interested therein, the system of management and such further particulars as the $ouncil may reHuire. F/G The $ouncil may O FaG grant or refuse a licence N or FbG postpone the grant of a licence until obJections to the site have been removed or any particulars called for by it have been furnished. 2.0% Pr8<isi85 89 21rial a50 21r5i5; ;r8150s a50 crema48ria Ai4?i5 8r Ai4?814 M15ici7ali4= %3 F G The $ouncil may, and shall if no sufficient provision e.ists, provide at the cost of the municipal fund places to be used as burial or burning grounds or crematoria, either within or without the limits of the 7unicipality, and may charge rents and fees for the use thereof. F2G The $ouncil may farm out the collection of such rents and fees for any period not e.ceeding three years at a time and on such terms and conditions as it may thinD fit. F/G %f the $ouncil provides any such place without the limits of the 7unicipality, all the

provisions of this )ct and all by-laws framed under this )ct for the management of such places within the 7unicipality shall apply to such place. 2.1% Re;is4er 89 re;is4ere0, lice5se0 a50 7r8<i0e0 7laces a50 7r8?i2i4i85 89 1se 89 84?er 7laces %3 F G ) booD shall be Dept at the municipal office in which the places registered, licensed or provided under sections 213, 214 or 230 and all such places registered, licensed or provided before the commencement of this )ct, shall be recorded, and the plans of such places shall be filed in such office.
F2G 'otice that such place has been registered, licensed or provided as aforesaid shall be affi.ed in #nglish and in at least one vernacular language to some conspicuous place at or near the entrance to the burial or burning ground or other place as aforesaid. F/G 'o person shall bury, burn or otherwise dispose of any corpse e.cept in a place which has been registered, licensed or provided, as aforesaid.

2.2% Re78r4 89 21rials a50 21r5i5;s %3 The person having control of a place for disposing of the dead shall give information of every burial, burning or other disposal of a corpse at such place to any person appointed by the #.ecutive )uthority! in that behalf.

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by section 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

22+

2.'% Pr8?i2i4i85 a;ai5s4 1se 89 21rial a50 21r5i5; ;r8150s 0a5;er81s 48 ?eal4? 8r 8<er cr8A0e0 Ai4? ;ra<es %3 F G %f the $ouncil is satisfied O
FaG that any registered or licensed place for the disposal of the dead is in such a state or situation as to be, or to be liDely to become, dangerous to the health of persons living in the neighbourhood thereofN or FbG that any burial ground is overcrowded with graves, and, if in the case of a public burial or burning ground or other places as aforesaid another convenient place duly authorised for the disposal of the dead e.ists or has been provided for the persons who would ordinarily maDe use of such place,

it may, with the previous sanction of the ["tate *overnment!, give notice that it shall not be lawful after a period to be named in such notice to bury, burn or otherwise dispose of any corpse at such place.
F2G #very notice given under sub-section F G shall be published in the district gazette and by beat of drum. F/G )fter the e.piry of the period named in such notice, it shall not be lawful to bury,

burn or otherwise dispose of a corpse at such place. 2.*% Pr8?i2i4i85s i5 res7ec4 89 c8r7ses %3 'o person shall O
FaG bury or cause to be buried any corpse or part thereof in a grave whether dug, or

constructed of masonry or otherwise, in such manner that the surface of the coffin or the surface of the body where no coffin is used, is at a less depth than five feet from the surface of the ground N or
FbG build or dig or cause to be built or dug any grave in any burial ground at a less

distance than two feet from the margin of any other e.isting graveN or
FaG without the sanction in writing of the 2[#.ecutive )uthority!, or an order in

writing of a magistrate, re-open a grave already occupiedN or


FcG convey or cause to be conveyed 1 corpse or part thereof to any burial or burning

ground, and not cause the burial or burning of the same to commence within si. hours after its arrival at such place N or

PPPPPPPPPPPPPPPPPPPPPPPPP . The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. 2. These words were substituted for the word Q$hairmanQ by section 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G..,

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

22,

FeG when burning or causing to be burnt a corpse or part thereof permit the same or any part thereof or its clothes to remain without being completely reduced to ashes N or FeG

carry through any street a corpse or part thereof not decently covered N or

FeG while carrying a corpse or part thereof within the 7unicipality leave the same in or near any street for any purpose whatever N or FfG remove, otherwise than in a closed receptacle, any corpse or part thereof Dept or

used for the purpose of dissection. 2.+% &ra<e#0i;;ersP lice5ce %3 'o person shall discharge the office of a grave-digger or other attendant at a public place for the disposal of the dead Fother than a place provided by the *overnmentG unless he has been licensed in that behalf by the #.ecutive )uthority!. "uch licence may be withdrawn or cancelled at the discretion of the $ouncil.

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by section 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920 [$+)(T#, @%%-). @2.+#A% De9i5i4i85 %3 %n this $hapter . 3

22-

FaG RhoardingS means any screen of boards other than digital banner and placard, at any place, whether public or private used or intended to be used for e.hibiting advertisement, including the frame worD or other support, erected, wholly or in part upon or over any land, building, wall or structure, visible to public wholly or partlyN FbG Rdigital bannerS means any screen of bards, at any place, whether public or private used or intended to be used for e.hibiting 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, designed and printed using electronic printing technologyN FcG RplacardS means any screen of boards, the size of which is not e.ceeding eight feet in height and four feet in breadth, at any place, whether public or private, used or intended to be used for e.hibiting any advertisement or any information in connection with marriage, religious ceremony, birth or death anniversary or meeting or conference of my political, religious or communal organization, designed and printed using electronic printing technologyS.! 2.+#)% Pr8?i2i4i85 98r erec4i85 89 ?8ar0i5;s %3 F G 'o hoarding shall be erected at any place, on or after the 2/rd day of 6uly 443 Fhereafter in this section referred to as the said dateG, by any person without obtaining a licence from the /[0istrict $ollector!. F2G #very person who has erected any hoarding without obtaining a licence and which is in e.istence immediately before the said date shall apply fora licence in accordance with the provisions of this $hapter within thirty days from the said date.
:

@F2.+#)) Re;1la4i85 89 erec4i85 89 0i;i4al 2a55ers a50 7lacar0s%3

F G 'o digital banner or placard for e.hibiting any advertisement or information for a period not e.ceeding si. days shall be erected by any person without obtaining prior permission from the 0istrict $ollector. F2G #very application for permission under sub-section F G, shall be made, in writing to the 0istrict $ollector fifteen days prior to the date of erection of digital banner or placard in such form, containing such particulars and with such fee, as may be prescribed. F/G The permission for erection of digital banner or placard may be granted for such purpose and for such period, not e.ceeding si. days and subJect to such conditions as may be specified by the 0istrict $ollector. F:G The 0istrict $ollector may refuse to grant permission for the reasons to be recorded in writing. F<G #very person who has erected the digital banner or placard after obtaining the permission, shall, on e.piry of such permission remove the same and dispose it, without causing any hazard to health or environment, in such manner as may be prescribed,S!2 PPPPPPPPPPPPPPPPPPPPPPPPP . $hapter @%%-) was inserted by the Tamil 'adu 7unicipal 9awsF)mendmentsG )ct, 443 FTamil 'adu )ct < of 443G 2. "ection 23<-) was substituted by Tamil 'adu )ct 2 of 20 . /. "ubstituted for the words R#.ecutive )uthorityS by the Tamil 'adu 7unicipal 9aws F)mendmentG )ct, 200/ FTamil 'adu )ct 4 of 200/G. :. "ection 23<-22 was inserted by Tamil 'adu )ct 2 of 20

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

22.

2.+#C% A77lica4i85 98r lice5ce %3 F G #very application for licence under this $hapter shall be made to the [0istrict $ollector! in such form, containing such particulars and with such fee, as may be prescribed. F2G The [0istrict $ollector! may, after local inspection, grant a licence with such conditions or directions, subJect to such rules as may be prescribed. F/G The [0istrict $ollector! may refuse to grant licence for reasons to be recorded in writing5 (rovided that a licence shall not be refused unless the applicant has been given an opportunity of maDing his representation. F:G #very licence granted under sub-section F2G shall be valid for such period as may be prescribed and may be renewed, from time to time. 2 [F<G The fee paid under sub-section F G shall be credited to the /[account of the 7unicipality, Town (anchayat or Third *rade 7unicipality, as the case may be, within whose Jurisdiction such fee has been collected! in such manner as may be prescribed.!

PPPPPPPPPPPPPPPPPPPPPPPPP . "ubstituted for the words R#.ecutive )uthorityS by the Tamil 'adu 7unicipal 9aws F)mendmentG )ct, 200/ FTamil 'adu )ct 4 of 200/G. 2. %nserted by the Tamil 'adu 7unicipal 9aws F)mendmentG )ct, 200/ FTamil 'adu )ct 4 of 200/G. /. "ubstituted for the words R"tate *overnment accountS by Tamil 'adu 7unicipal 9aws FFourth )mendmentG )ct, 2003 FTamil 'adu )ct 2: of 2003G.

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229

@2.+#CC% Ta6 85 a0<er4iseme54 85 ?8ar0i5; %3 F G 'otwithstanding anything contained in this )ct, every person, who is granted licence under "ection 23<-$ shall pay on every advertisement on hoardings, a ta. calculated at such rates as may be prescribed, having regard to the location, size, reach and nature of the advertisement but subJect to the ma.ima and minima specified in the Table below 5O THE TA)LE% ,ates of ta. per sHuare 9ocation and nature F G M15ici7ali4ies% metre per half-year F,upeesG. F2G Mi5im1m Ma6im1m /00 :00 <00 200 /00 :00 00 200 2<0

+oardings in arterial road with bus route O *1+ without lighting. 1< *%+ with ordinary lighting. 40 00 *8+ with neon or mercury lighting. 2. +oardings in main road with bus route FaG without lighting N =0 *%+ with ordinary lighting N 10 30 *8+ with neon or mercury lighting. /. +oardings in other road or street FaG without lighting N <0 *%+ with ordinary lighting N =0 10 *8+ with neon or mercury lighting. 1 @T?ir0 &ra0e M15ici7ali4ies, T8A5 Pa5c?a=a4E% . +oardings in arterial road with bus route FaG without lighting N =0 *%+ with ordinary lighting N 30 *8+ with neon or mercury lighting. 40 2. +oardings in main road with bus route FaG without lighting N :0 *%+ with ordinary lighting N =0 *8+ with neon or mercury lighting. 10

30 /=0 :<0 20 2:0 /00

PPPPPPPPPPPPPPPPPPPPPPPPP . "ubstituted for the words QTown (anchayatsQ by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 200: FTamil 'adu )ct of 200:G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2'0

/. +oardings in other road or street FaG without lightingN 20 =0 FbG with ordinary lightingN /0 20 FcG with neon or mercury lighting. =0 <0 [F2G The ta. paid under sub-section F G shall be credited to the account of the 7unicipality, Town (anchayat or Third *rade 7unicipality, as the case may be, within whose Jurisdiction such ta. has been collected, in such manner as may be prescribed.! 2.+#D% P8Aer 48 ca5cel 8r s1s7e50 lice5ce%3 F G Without preJudice to any other penalty to which the licensee may be liable under this $hapter, the 2[0istrict $ollector! may, at any time, by order in writing, cancel or suspend any licence granted or renewed under "ection 23<-$, if
FaG such licence has been obtained by fraud, misrepresentation or suppression of

material particulars N or
FbG the licensee has contravened any of the provisions of this $hapter or the rules made thereunder or any of the conditions subJect to which the licence was granted.

F2G 2efore cancelling or suspending a licence under sub-section F G, the 2[0istrict $ollector! shall give the licensee, an opportunity of maDing his representation. @F2.+#E, Rem8<al 89 15a14?8riMe0 ?8ar0i5;,## 0i;i4al 2a55er 8r 7lacar0%3 )ny hoarding erected without a licence or any digital banner or placard erected without a permission shall be confiscated and removed by the 0istrict $ollector without giving any notice,S!/ 23<#!% Rem8<al 89 ?8ar0i5; i5 cer4ai5 84?er cases%3 F G Where any hoarding is retained after the e.piry of the licence or erected contrary to the conditions of licence, the 2 [0istrict $ollector! may, by notice in writing, reHuire the licensee to remove such hoarding within such time as may be prescribed. F2G Where the hoarding is not removed within the time specified in the notice, the [0istrict $ollector! shall, without further notice, remove such hoarding and recover the e.penditure for such removal as an arrear of land revenue.
2 /

2.+#&% E6em74i85s %3 'othing contained in this $hapter shall apply to any :[hoardings or digital banner or placard!: on which is e.hibited any advertisement which relates to O FiG the trade or business carried on within the land or building, upon or over, which such [hoardings or 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 buildingN or

PPPPPPPPPPPPPPPPPPPPPPPP . "ubstiuted by Tamil 'adu )ct 2: of 2003. 2. "ubstituted by The Tamil 'adu 7unicipal 9aws F)mendment )ct, 200/ FTamil 'adu )ct 4 of 200/G. /. "ection 23<# "ubstituted by Tamil 'adu )ct 2 of 20 :. The words +oardings or digital banner or placard was substituted by Tamil 'adu )ct 2 of 20

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2'1

*ii+ the name of the land or building, upon or over which the [hoarding or digital banner or placard! is erected or to the name of the owner or occupier of such land or building 5 (rovided that the e.emption under this section shall be subJect to such size and nature of the [hoarding or digital banner or placard! as may be prescribed. 2.+#H% A77eal %3 F G )n appeal shall lie to the 2["tate *overnment! from an order of, refusal to grant or renew a licence or cancelling or suspending a licence /[Rrefusing to give permissionS! by the :[0istrict $ollector! under this $hapter within thirty days from the date of receipt of the order.
F2G The appeal shall be in such form and in such manner and shall accompany with

such fee, as may be prescribed.


F/G &n receipt of such appeal, the 2["tate *overnment! may, after maDing such inHuiry

as may be necessary and giving a reasonable opportunity to the appellant to be heard, pass such orders as it deems fit. 2.+#I Pe5al4= %3 Whoever contravenes any of the provisions of this $hapter or any rule or order made thereunder or obstructs lawful e.ercise or any power conferred by or under. this $hapter shall be punished with imprisonment for a term which may e.tend to three years or with fine which may e.tend to ten thousand rupees or with both. < [R(rovided that whoever, erects any digital banner or placard without the permission of the 0istrict $ollector, shall be punished with imprisonment for a term which may e.tend to one year or with fine which may e.tend to five thousand rupees or with both,S!= @2.+#G%# Pr8?i2i4i85 89 erec4i85 89 cer4ai5 @?8ar0i5;s 8r 0i;i4al 2a55ers 8r 7lacar0sE.O1[F G! 'otwithstanding anything contained in this )ct or in any other law for the time being in force, or in any Judgment, decree or order of any $ourt, Tribunal or other authority , O *1+ *i+ where any hoarding Fother than traffic sign and road signG 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 e.istence immediately before the date of the commencement of the Tamil 'adu 7unicipal 9aws F)mendmentG )ct, 2000 Fhereafter in this section referred to as the amendment )ctG, the :[0istrict $ollector! shall, by notice in writing, reHuire the licensee or any person in possession of such hoarding, to remove such hoarding within such time as may be specified in the notice 5 (rovided that such time shall not e.ceed fifteen days from the date of issue of such notice N *ii+ where the hoarding referred to in sub-clause FiG is not removed within the time specified in the notice, the :[0istrict $ollector! shall, without
PPPPPPPPPPPPPPPPPPPPP . The words Rhoardings or digital banner or playcardSwas substituted by Tamil 'adu )ct 2 of 20 2. The words R(rovincial *overnmentS were substituted for the words R9ocal *overnmentS by the adaptation &rder of 4/1 and the word R"tateS was substituted for R(rovincialS by the )daptation &rder of 4<0. /. The word Rrefusing to give permissionS was substituted by Tamil 'adu )ct 2 of 20 :. "ubstituted by The Tamil 'adu 7unicipal 9aws F)mendment )ct,200/ FTamil 'adu )ct 4 of 200/ <. (roviso to "ection 23<-% inserted by Tamil 'adu )ct 2 of 20 =. %nserted by the Tamil 'adu 7unicipal 9aws F)mendmentG )ct,2000 FTamil 'adu )ct 2= of 2000 1. "ection 23<-6- re-numbered as 23<6 F G by the Tamil 'adu )ct 2 of 20
=

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2'2

further notice, remove such hoarding and recover the e.penditure for such removal as an arrear of land revenue N *%+ *i+ where the [0istrict $ollector! is satisfied that the erection of any hoarding Fother than traffic sign and road signG visible to the traffic on the road is hazardous and disturbance to the safe traffic movement so as to adversely affect free and safe flow of traffic, he shall not grant any licence under "ection 23<-$ and no such hoarding shall be erected, on and from the date of the commencement of the amendment )ct by any person *ii+ where any hoarding is erected in contravention of sub-clause FiG, it shall be confiscated and removed by the [0istrict $ollector! without any notice.! [23<-6-2 Where the 0istrict $ollector is satisfied that the erection of any digital banner or placard 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 permission under section 23<-22S.!2
2

PPPPPPPPPPPPPPPPPPPPPPPPP . "ubstituted by The Tamil 'adu 7unicipal 9aws F)mendment )ct, 200/ FTamil 'adu )ct 4 of 200/G. 2. "ection 23< 6-2 was added by Tamil 'adu )ct 2 of 20

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2''

$+)(T#, @%%%. VITAL STATISTICS AND THE PREVENTI N .ital statistics.

! DISEASE%

2.,% C8m71ls8r= re;is4ra4i85 89 <i4al s4a4is4ics %3 F G The 7unicipal $ouncil shall register all births and deaths occurring in the 7unicipality.

F2G [%nformation of births and deaths shall be given and their! registration shall be made and enforced in the prescribed manner. Dangerous diseases.
2.-% De9i5i4i85 89 0a5;er81s 0isease %3 Q0angerous diseaseQ means a disease specified in "chedule ?%.

2li;a4i85 89 Me0ical Prac4i4i85er 8r 8A5er 8r 8cc17ier 89 ?81se 48 re78r4 0a5;er81s 0isease%3 F G %f any 7edical (ractitioner becomes cognizant of the e.istence of any dangerous disease in any private or public dwelling Fnot being a public hospitalG in the 7unicipality, he shall inform the 2[#.ecutive )uthority! with the least practicable delay.
2..% F2G The information shall be communicated in such form and with such details as the [#.ecutive )uthority! may reHuire. The 2[#.ecutive )uthority! may pay a fee not e.ceeding one rupee for each intimation by a private medical practitioner of a case occurring in his practice.
2

F/G This section shall apply to a haDeem or a vaidyan. F:G With the previous approval in all cases of the $ollector of the district, the
2

[#.ecutive )uthority! may direct the compulsory notification by the owner or occupier of every house within the municipal limits during such period and to such officer as the 2 [#.ecutive )uthority! may prescribe of all deaths from or occurrence of dangerous diseases in his house.

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q"uchQ by "ection 4 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2'*

2.9% P8Aer 89 e54r= i548 s1s7ec4e0 7laces %3 The [#.ecutive )uthority! 2[or health

officer! may at any time by day or by night without notice, or after giving such notice as may appear to him reasonable, inspect any place in which any dangerous disease is reported or suspected to e.ist, and taDe such measures as he may thinD fit to prevent the spread of such disease beyond such place.
2.9% Disi59ec4i85 89 21il0i5;s a50 ar4icle %3 F G %f the [#.ecutive )uthority! 2[or health

officer! is of opinion that the cleansing or disinfecting of any premises or part thereof, or of any article therein which is liDely to retain infection, will tend to prevent or checD the spread of any dangerous disease, he may, by notice, reHuire the occupier to cleanse or disinfect the same in the manner and within the time specified in such notice. F2G %f the [#.ecutive )uthority! 2[or health officer! considers that immediate action is necessary, or that the occupier is, by reason of poverty or otherwise, unable effectually to comply with his reHuisition, the [#.ecutive )uthority! 2[or health officer! may himself, without notice, cause /[such premises or article! to be cleansed or disinfected and for this purpose may cause such article to be removed from the premises N and the e.penses incurred by the [#.ecutive )uthority! 2[or health officer! shall be recoverable from the said occupier in cases in which he is, in the opinion of the [#.ecutive )uthority! :[or health officer!, not unable by reason of poverty effectually to comply with such reHuisition. 291% Pr8<isi85 89 7laces 98r 0isi59ec4i85 a50 78Aer 48 0es4r8= i59ec4e0 ar4icles %# F G The [#.ecutive )uthority! shall, from time to time, notify places at which conveyances, clothing, bedding, or other articles, which have been e.posed to infection from any dangerous disease shall be washed or disinfected.
F2G The [#.ecutive )uthority! may direct any clothing, bedding or other articles liDely

to retain such infection to be disinfected or destroyed and shall, on demand, give compensation for any article destroyed under this sub-section.
F2G 'o person shall wash such clothing or bedding or other articles in any places other

than those set apart for such purposes under sub-section F G. 292% Pr8?i2i4i85 a;ai5s4 4ra5s9er 89 i59ec4e0 ar4icles %3 'o person shall, without previously disinfecting it, give, lend, let, hire, sell, transmit or otherwise dispose of any articles which he Dnows or has reason to Dnow has been e.posed to infection from any dangerous disease 5

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 2. These words were inserted by "ection 20 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. /. These words were substituted for the words Qsuch building or articleQ by "ection 2 FiiG, i%id( :. These words were inserted by "ection 20 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G.

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(rovided that nothing in this [section! shall apply to a person who transmits with proper precautions any article for the purpose of having it disinfected. P8Aer 89 C815cil 48 7r8?i2i4 1se 89 Aa4er liDel= 48 s7rea0 i59ec4i85 %3 %f the chief medical officer of the district, the health officer or the local medical officer certifies that the water in any well, tanD or other place within the limits of the 7unicipality is liDely, if used for drinDing, to endanger or cause the spread of any dangerous disease, the $ouncil may, by public -notice, prohibit the removal or use of such water for drinDing and domestic purposes during a specified period.
293.

@E6ec14i<e a14?8ri4=E ma= 8r0er rem8<al 89 7a4ie54s 48 ?8s7i4al %3 When a hospital or other place for the reception of persons suffering from dangerous diseases is provided by the 7unicipal $ouncil, the 2[#.ecutive )uthority! may, on a certificate signed by a medical practitioner registered under the /[Tamil 'adu! 7edical ,egistration )ct, 4 :, F/[Tamil 'adu! )ct %? of 4 :G arrange for, or direct the removal to such hospital or place of any person suffering from a dangerous disease who is, in the opinion of such medical practitioner, without proper lodging or accommodation, or without medical supervision directed to prevent the spread of the disease, or who is in a place occupied by more than one family.
294. 293. Pr8?i2i4i85 a;ai5s4 i59ec4e0 7ers85 carr=i5; 85 8cc17a4i85 %3 %f any person Dnows or has been certified by the health officer, the local medical officer, or a registered medical practitioner that he is suffering from a dangerous disease, he shall not engage in any occupation, or any trade or business unless he can do so without risD of spreading the disease.

a;ai5s4 0isease0 7ers85 e54eri5; 712lic c85<e=a5ce %3 F G 'o person who is suffering from any dangerous disease shall, without taDing proper precautions against spreading such disease, cause or suffer himself to be conveyed in a public conveyance. F2G 'o person who is suffering from any dangerous disease shall enter a public conveyance without previously notifying to the owner or driver or person in-charge of such conveyance that he is so suffering.

293. Pr8?i2i4i85

PPPPPPPPPPPPPPPPPPPPPPPPP . This word was substituted for the word Qsub-sectionQ by "ection 2/ of the Tamil 'adu 0istrict 7unicipalities FThird )mendmentG )ct, 4:2 FTamil 'adu )ct @@@?%%% of 4:2G, re-enacted permanently with specified modifications by "ection / of, and the "chedule to, the Tamil 'adu ,e-enacting F'o.%%%G )ct, 4:3 FTamil 'adu )ct %@ of 4:3G. 2. These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. /. These words were substituted for the word Q7adrasQ by the Tamil 'adu )daptation of 9aws &rder, 4=4, 13 amended by the Tamil 'adu )daptation of 9aws F"econd )mendmentG &rder, 4=4, which came into force on the :th 6anuary 4=4.

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F/G 'o owner, driver, or person in-charge of a public conveyance shall Dnowingly carry or permit to be carried in such conveyance any person suffering as aforesaid in contravention of sub-section F G. F:G 'o owner or driver or person in-charge of a public conveyance shall be bound to convey any person suffering as aforesaid, unless and until the said person pays or tenders a sum sufficient to cover any loss and costs that may be incurred in disinfecting such conveyance, anything in any )ct relating to public conveyances for the time being in force to the contrary notwithstanding. F/G ) $ourt convicting any person of contravening sub-section F G or subsection F2G

may levy, in addition to the penalty for the offence provided in this )ct, an additional fine of such amount as the $ourt deems sufficient to cover the loss and costs which the owner or driver must incur for the purpose of disinfecting the conveyance. The amount of any additional fine so imposed shall be awarded by the $ourt to the owner or driver of the conveyance (rovided that if such additional fine is imposed in a case which is subJect to appeal, the amount shall not be paid to the owner or driver before the period allowed for presenting the appeal has elapsed N or if an appeal is presented, before the decision of the appeal.
F<G )t the time of awarding compensation in any subseHuent civil suit relating to the

same matter, the $ourt shall taDe into account any sum which the plaintiff shall have received under this section.
29-% Le44i5; 89 i59ec4e0 21il0i5;s 3 F G 'o person shall let or sub-let or for that purpose allow any person to enter a building or any part of a building in which he Dnows or has reason to Dnow that a person has been suffering from any dangerous disease without having the same and all articles therein liable to retain infection disinfected to the satisfaction of the #.ecutive )uthority!.

F2G For the purposes of sub-section F G, the Deeper of a hotel or lodging-house shall be deemed to let the same or part of the same to any person accommodated therein.
29.% P8Aer 48 8r0er cl8s1re 89 7laces 89 712lic e54er4ai5me54 %3 %n the event of the

prevalence of any dangerous disease within the 7unicipality, the $ouncil may, by notice, reHuire the owner or occupier of any building, booth or tent used for purposes of public entertainment to close the same for such period as it may fi..
299% Mi58r s199eri5; 9r8m 0a5;er81s 0isease 584 48 a44e50 sc?88l%3 'o person being the parent or having the care or charge of a minor who is or

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

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has been suffering from a dangerous disease or has been e.posed to infection therefrom shall, after a notice from the health officer or the local medical officer that the minor is not to be sent to school or college, permit such minor to attend school or college without having procured from the health officer, the local medical officer or a registered medical practitioner a certificate that in his opinion such minor may attend without undue risD of communicating such disease to others. 'o fee shall be charged by the health officer or the local medical officer for the grant of a certificate under this section. #MALL %O+ '00% C8m71ls8r= <acci5a4i85 %3 F G ?accination shall be compulsory in every 7unicipality [in respect of such persons and to such e.tent as may be prescribed.! F2G The procedure prescribed in such rules for enforcing, vaccination shall be observed.
'01% 2li;a4i85 48 ;i<e i598rma4i85 89 small786 %3 Where an inmate of any dwelling place is suffering from smallpo., the head of the family to which the inmate belongs and in his default, the occupier or person in charge of such place, shall inform the 2[#.ecutive )uthority! with the least practicable delay. '02% Pr8?i2i4i85 89 i58c1la4i85 98r small786 %3 F G %noculation for smallpo. is hereby prohibited.

F2G 'o person who has undergone the operation of inoculation shall enter any 7unicipality before the lapse of forty days from the date of inoculation without a certificate from a medical practitioner of such class as the $ouncil may authorise to grant such certificates, stating that such person is no longer liDely to produce smallpo. by contact or near approach.

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the words Qto the e.tent prescribed by rules made by the *overnment in $ouncilQ by "ection 22 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

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(),T ? SU)SIDIAR$ LE&ISLATI N AND PENALTIES $+)(T#, @%? ,>9#", 2A-9)W" )'0 ,#*>9)T%&'" $ULE# AND #CHEDULE# '0'% P8Aer 89 1@S4a4e &8<er5me54E 48 maDe r1les %3 F G The ["tate *overnment! may maDe rules to carry out all or any of the purposes of this )ct not inconsistent therewith. F2G %n particular and without preJudice to the generality of the foregoing power, 2[they may maDe rules! O FaG with reference to all matters e.pressly reHuired or allowed by this )ct to be prescribed N [FbG with reference to all matters not e.pressly provided for in this )ct, relating to the elections of chairman, vice-chairman or councilors including deposits to be made by candidates standing for election as councilors and the conditions under which such deposit may be forfeited5!
: < = /

[CCC! [CCC!

[FcG CCC!. FdG as to the conditions on which property may be acHuired by the 7unicipal $ouncil or on which property vested in or belonging to the 7unicipal $ouncil may be transferred by sale, mortgage, lease, e.change or otherwise N

PPPPPPPPPPPPPPPPPPPPPPPPP . The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnment Q by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. 2. These words were substituted for the words Qhe may maDe rulesQ by the "chedule to the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. /. $lause *%+ was substituted for original clauses *%+ and FcG by "ection 2/ FiG. i%id :. The proviso to clause FbG of sub-section 2 of "ection /0/ omitted by Tamil 'adu )ct 2= of 44= <. The word QandQ the second proviso were omitted by "ection / *iii+ of the $hennai $ity 7unicipal, 0istrict 7unicipalities and 9ocal 2oards F)mendmentG )ct, 4/4 FTamil 'adu )ct @@% of 4/4G. =. $lause *%+ was substituted for original clauses *%+ and FcG by "ection 2/ *i+ of Tamil 'adu )ct @ of 4/0.

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*&+ as to the [worDing! of provident funds N FfG as to the matters mentioned in rule /1 of the Ta.ation and Finance ,ules in "chedule %? N as to the conditions on which grants-in-aid shall be paid from the municipal fund for purposes of education and medical relief and as to the conditions on which grants and loans may be made to co-operative building societies N
FgG as to the intermediate officer, if any, through which correspondence between the

7unicipal )uthorities and the 2["tate *overnment! or officers of /[that *overnment! shall pass N
FhG as to the preparation of plans and estimates for worDs which are to be partly or

wholly constructed at the e.pense of the 7unicipal $ouncil and the power of the 7unicipal )uthorities or :[officers of the "tate *overnment! <[CCC! to accord professional or administrative sanction to estimates N
FgG as to the accounts to be Dept by the 7unicipal $ouncil, the manner in which such

accounts shall be audited and published and as to the conditions under which the rate-payers may appear before auditors, inspect booDs and vouchers and taDe e.ception to items entered or omitted therein N
FgG as to the estimates of receipts and e.penditure, returns, statements and reports to be submitted by 7unicipal $ouncils N FgG as to the mode in which the officers of =[the "tate *overnment! shall advise and

assist 7unicipal $ouncils in carrying out the purposes of this )ct N *1+ as to the interpellation of the $hairman by the members of the $ouncil N *0+ as to the moving of resolutions at the meetings of the $ouncil N

PPPPPPPPPPPPPPPPPPPPPPPPP . This word was substituted for the words Qestablishment and maintenanceQ by "ection 2/ FiiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnment Q by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. /. These words were substituted for the words Qthe *overnmentQ by the )daptation &rder of 4/1. :. The words Qofficers of the (rovincial *overnmentQ were substituted for the words Q*overnment officers Q by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. <. The words Qor the "anitary 2oardQ were omitted by "ection 2/ FiiiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. =. The words Qthe (rovincial *overnmentQ were substituted for the word Q*overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0.

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F2G for regulating the sharing between local authorities in the 2["tate of Tamil 'adu! of the proceeds of the profession ta., /[CCC! ta. on carriages and animals, ta. on carts, :[CCC! and other ta.es or income, levied or obtained under this or any other )ct N! < [FoG CCC! FpG as to the form of registers and returns of .births and deaths and the manner in which the registers shall be maintained, the dates on which returns shall be made and the officer to whom returns shall be sent N [F7G as to the powers of auditors, inspecting and superintending officers and officers authorised to hold inHuiries, to summon and e.amine witnesses, and to compel the production of documents and all other matters connected with audit, inspection and superintendence N andFsG for determining the costs of buildings and lands.! F/G %n maDing any rule, the 1["tate *overnment! may provide that a breach thereof shall be punishable with a fine which may e.tend to one hundred rupees. @'0*% R1les a50 584i9ica4i85s 48 2e 7lace0 2e98re 4?e Le;isla41re .- F G FaG )ll rules made under sub-section F2G of "ection 11-) or under "ection PPPPPPPPPPPPPPPPPPPPPPPPP This clause was substituted for the original clause by "ection 2/ FivG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @. of 4/0G. 2 This e.pression was substituted for the e.pression Q(residency of 7adrasQ by the Tamil 'adu )daptation of 9aws &rder, 410, which was deemed to have come into force on the :th 6anuary 4=4. / The words Qsurcharge on income-ta.Q were omitted by the )daptation &rder of 4/1. : The word QtollsQ was omitted by "chedule %to the Tamil 'adu 7otor ?ehicles Ta.ation )ct, 4/ FTamil 'adu )ct %%% of 4/ G. < $lause FoG was o0i44&d by "ection 2/ FvG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. = $lauses FHG, *7+ and FsG were added by "ection 2/ FviG, i%id( 1 The words Qthe (rovincial *overnmentQ were substituted for the word Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. 3 The words and figures QThe power to maDe rules under "ection /0/ and the power to issue notifications under this )ct areQ were substituted for the words and figures QThe power to maDe rules under "ection /0/ isQ, the words Qthree weeDsQ were substituted for the words Qsi. weeDsQ and the following clause *d+ was added by "ection 2 of the $hennai $ity 7unicipal $orporation 12d 0istrict 7unicipalities F)mendmentG )ct, 4=2 FTamil 'adu )ct 0 of 4=2G5QFdG #very rule made under "ection /0/ and every notification issued under this )ct shall, as soon as possible after it is made or issued, be placed on the table of both +ouses of the 9egislature, and if, before the e.piry of the session in which it is so placed or the ne.t session, both +ouses agree in maDing any modification in any such rule or notification or both +ouses agree that the rule or notification should not be made or issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without preJudice to the validity of anything previously done under that rule or notification.Q The present "ection was subseHuently substituted for "ection /0: as so amended by "ection / of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 412 FTamil 'adu )ct < of 41/G.
3 =

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/0/ shall be published in the Tamil 'adu *overnment *azette and, unless they are e.pressed to come into force on a particular day, shall come into force on the day on which they are so published. *%+ )ll notifications issued under this )ct shall, unless they are e.pressed to come into force on a particular day, come into force on the day on which they are published. F2G #very rule made under sub-section F2G of "ection 11-) or under "ection /0/ and every notification issued under this )ct shall, as soon as possible after it is made or issued, be placed on the table of the [9egislative )ssembly!, and if, before the e.piry of the session in which it is so placed [the 9egislative )ssembly agrees! in maDing any modification in any such rule or notification or [the 9egislative )ssembly agrees! that the rule or notification should not be made or issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without preJudice to the validity of anything previously done under that rule or notification.! @'0+% P8Aer 89 '@S4a4e &8<er5me54E 48 al4er sc?e01les %## F G The /[ "tate *overnment! may maDe rules :[whether prospectively or retrospectively! altering, adding to or cancelling any of the following "chedules to this )ct, namely 5"chedules +, %%%, %?, ? and ?%. F2G The /[ "tate *overnment! may, by notification under sub-section F G of "ection 2$, include any 7unicipality in "chedule %@ but shall not remove therefrom any 7unicipality so included. F/G )ll references made in this )ct to any of the aforesaid "chedules shall be construed as referring to such "chedules as for the time being amended in e.ercise of the powers conferred by sub-section F G or sub-section F2G, as the case may be.! @'0+#A% Pr8ce01re 98r maDi5; 89 r1les 150er =[CCC! Sec4i85 '0+%) draft of the rules proposed to be made 1[CCC! under 3[sub-section F G of
< 2

PPPPPPPPPPPPPPPPPPPPPPPPP . "ubstituted by the Tamil 'adu )daptation of 9aws and &rder, 431. 2. This section was substituted for the original section by "ection / of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. /. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. :. )dded by Tamil 'adu )ct /< of 440. <. This section was inserted by "ection 2: F/G *%+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. =. The e.pression Qsub-section F2G of "ection 11-) andQ was omitted by "ection : FiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 412 FTamil 'adu )ct < of 41/G. 1. The e.pression Qunder sub-section F2G of "ection 11-) of was omitted by "ection : FiiG, i%id( 3. These words and figures were substituted for the word and figures Q"ection /0<Q by "ection : of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

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"ection /0<! shall be laid [before the 9egislative )ssembly! and the rules shall not be made unless [the 9egislative )ssembly approves! the draft either without modification or addition or with modifications or additions 2[to which! [the 9egislative )ssembly agrees! but upon such approval being given, the rules may be made in the form in which they have been approved and such rules on being given, the rules may be made in the form in which they have been approved and such rules on being so made shall be notified in the /[&fficial *azette! and shall thereafter be of full force and effect! . BY#LA!S '0,% P8Aer 89 C815cil 48 maDe 2=#laAs %3 The $ouncil may maDe bylaws, not inconsistent with this )ct or with any other law to provide
:

[FlG for all matters e.pressly reHuired or allowed by this )ct to be provided for by by-

lawN! [F -)G! for the due performance by all municipal officers and servants of the duties assigned to them
F2G for the regulation of the time and mode of collecting the ta.es =[and duties! under
<

this )ct [F2-)G for determining the conditions under which lands shall be deemed to be appurtenant to buildings! N
F/G C[FaG for the use of public tanDs, wells, conduits and other places or worDs for
1

water-supply N! FbG for the regulation of public bathing, washing and the liDeN C [FcG for the maintenance and protection of the water-supply system, and the protection of the water-supply from contamination N

PPPPPPPPPPPPPPPPPPPPPPPPP "ubstituted by Tamil 'adu )daptation of 9aws and &rder, 431. 2 These words were inserted by i%id( / These words were substituted for the words CFo74 'S4( G&o7>& G1H&44&C by i%id( : This clause was inserted by "ection 2< FiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. < The original clause F G was re-numbered as clause F -)G by i%id( = These words were substituted for the words Qduties and tollsQ by "chedule % to the Tamil 'adu 7otor ?ehicles Ta.ation )ct, 4/ FTamil 'adu )ct %%% of 4/ G. 1 This clause was inserted by "ection 2< FiiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. C &mitted in respect of $hennai $ity. 7etropolitan 0evelopment )rea by Tamil 'adu )ct 23 of 413.

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FdG for the conditions on which house-connections with the $ouncilEs water-supply mains may be made N for their alteration and repair and for their being Dept in proper order N FdG for supply of water for domestic consumption and use N Fn for the

prevention of waste of water N


FgG for the measurement of water N FhG for the compulsory provision of cisterns and meters N FgG for the supply of water in case of fire N

F:G for the maintenance and protection of the lighting system N F<G *1+ for the maintenance and protection of the drainage system N M -*%+ for the construction of house drains, and for regulating their situation, mode of construction and materials N
CFcG for the alteration and repair of house drains N CFdG for the cleansing of house drains N CFeG for the construction of cesspools, septic tanDs, filters and drainsN CFfG for the payment or apportionment of money payable on account of pipes or drains common to more premises than one N!

F=G for the cleansing of latrines, earth-closets, ash-pits and cess-pools, and the Deeping of latrines supplied with sufficient water for flushing N C [F1G *1+ for the testing of water pipes and drains in private premises, the recovery or the apportionment of the cost of such testing, and the breaDing up of ground or of buildings for the purpose of such testing N *%+ for the licensing of plumbers and fitters, and for the compulsory employment of licensed plumbers and fitters N! F3G *1+ for the laying out of streets, and for determining the information and plans to be submitted with application for permission to lay out streets N and for regulating the level and width of public streets and the height of buildings abutting thereon N [FbG C CC! [FcG C CC! [FbG! for the protection of avenues, trees, grass and other appurtenances of public streets and other places N

PPPPPPPPPPPPPPPPPPPPPPPPP C &mitted in respect of $hennai $ity 7etropolitan 0evelopment )rea by Tamil 'adu )ct 23 of 413. . "ub-clauses *%+ and *8+ were omitted and sub-clause *d+ was relettered as sub-clause *%+ by "ection = *ii+ of the Tamil 'adu Traffic $ontrol )ct, 4/3 FTamil 'adu )ct ? of 4/3G.

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F4G for the regulation of the use of parDs, gardens and other public or municipal places [but not including the regulation of traffic therein, the reservation thereof for particular Dinds of traffic, or the closing thereof or parts thereof to traffic! N F4G FaG for the regulation of building N FbG for determining the information and plans to be submitted with application to

buildN
FbG for the licensing of builders and surveyors and for the compulsory employment of licensed builders and surveyorsN

F G for the regulation of hotels, lodging houses, boarding houses, choultries, resthouses, emigration depots, restaurants, eating houses, cafes, refreshment rooms, coffeehouses, and any premises to which the public are admitted for repose or for the consumption of any food or drinD N F 2G for regulating the mode of constructing stables, cattle-sheds and cow-houses C[and connecting them with municipal drains! N F /G for the sanitary control and supervision of places used for any of the purposes specified in "chedule ? and of any trade or manufacture carried on therein N F :G FaG for the control and supervision of slaughter-houses and of places used for sDinning and cutting up carcasses N
FbG for the control and supervision of the methods of slaughtering N FbG for the control and supervision o9 butchers carrying on business in the

7unicipality or at any slaughter-house without the 7unicipality 2[provided by the 7unicipal $ouncil or licensed by the #.ecutive )uthority, as the case may be! N F <G for the inspection of milch cattle, and the regulation of the ventilation, lighting, cleaning, drainage C[and water-supply! of dairies and cattle-sheds in the occupation of persons following the trade of dairy man or milD seller N F =G for enforcing the cleanliness of milD stores and milD shops and vessels

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were added by "ection I *iii+' i%id( 2. These words were substituted for the words Qprovided or licensed by the 7unicipal $ouncilQ by "ection 2: of the Tamil 'adu 0istrict 7unicipalities FThird )mendmentG )ct, 4:2 FTamil 'adu )ct @@@?%%% of 4:2G, re-enacted permanently with specified modifications by "ection / of, and the "chedule to, the Tamil 'adu ,e-enacting F'o.%%%G )ct, 4:3 FTamil 'adu )ct %@ of 4:3G. C &mitted in respect of $hennai $ity 7etropolitan 0evelopment )rea by Tamil 'adu )ct 23 of 413.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2*+

and utensils used by the Deepers thereof or by hawDers for containing or measuring milD or preparing any milD product and for enforcing the cleanliness of persons employed in the milD trade N
F 1G for reHuiring notice to be given whenever any milch animal is affected with any contagious disease and prescribing the precautions to be taDen in order to protect milch cattle and milD against infection and contamination N F 3G *1+ for the inspection of public and (rivate 7arDets and shops and other places

therein N *%+ for the regulation of their use and the control of their sanitary condition N [FcG for licensing and controlling broDers, commission agents, weighmen and measurers practising their calling in marDers N! F 4G for prescribing the method of sale of articles whether by measure, weight, tale or piece N F20G for prescribing and providing standard weights, scales and measures and preventing the use of any others N F2 G for the prevention of the sale or e.posure for sale of unwholesome meat, fish or provisions and securing the efficient inspection and sanitary regulation of shops in which articles intended for human food are Dept or sold N F22G *1+ for the regulation of burial and burning grounds and other places for the disposal of corpses N
FbG for the levy of fees for the use of such burial and burning grounds and

crematoria as are maintained by the $ouncil N


FcG for the verification of deaths and the causes of death N FdG for the period for which corpses must be Dept for inspection N FeG for the period within which corpses must be conveyed to a burial or burning ground, and the mode of conveyance of corpses through public placesN

F2/G for the registration of births, deaths and marriages N


2

[F2/-)G for the training and licensing of dhais and midwives N!

F2:G for the enumeration of the inhabitants of the city N

PPPPPPPPPPPPPPPPPPPPPPPPP . This sub-clause was added by "ection 2< FiiiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. This clause was inserted by "ection 2< FivG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct 4/0 FTamil 'adu )ct @ of 4/0G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2*,

F2<G for the prevention of dangerous diseases of men or animals N F2<G for the enforcement of compulsory vaccination N F2=G for the prevention of outbreaDs of fire N F21G for the prohibition and regulation of advertisements in public streets or parDs N F23G in general for securing cleanliness, safety and order and the good government and

well-being of the 7unicipality and for carrying out all the purposes of this )ct.
'0-% KP8Aer 48 ;i<e re4r8s7ec4i<e e99ec4 48 cer4ai5 2=#laAs %3 2ylaws with regard to

the drainage of, and supply of water to, buildings and water-closets, earth-closets, privies, ash-pits and cesspools in connection with building and the Deeping of water-closets supplied with sufficient water for flushing may be made so as to affect buildings erected before the passing of the by-laws or this )ct.
'0-% Pe5al4= 98r 2reac?es 89 2=#laAs %3 %n maDing a by-law, the 7unicipal $ouncil may [subJect to the provisions of clause F G of )rticle 20 of the $onstitution!, provide that a breach thereof shall be punishable FaG with fine which may e.tend to fifty rupees, and in case of a continuing breach with fine which may e.tend to fifteen rupees for every day during which the breach continues after conviction for the first breach, or FbG with fine which may e.tend to ten rupees for every day during which the breach

continues after receipt of notice from the 2[#.ecutive )uthority! to discontinue such breach. @'09% C850i4i85s 7rece0e54 48 maDi5; 2=#laAs %3 The 7unicipal $ouncil shall, before maDing or altering by-laws, publish a draft of the proposed by-laws, and alterations together with a notice specifying a date at or after which such draft will be taDen into consideration, and shall, before maDing the by-laws or alterations, receive and consider any obJection or suggestion which may be made in respect of such draft by any person interested therein before the date so specified.!
'

PPPPPPPPPPPPPPPPPPPPPPPPP . This e.pression was inserted by the )daptation F)mendmentG &rder of 4<0. 2. These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. /. This section was substituted for the original section by "ection 2= of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. C &mitted in respect of $hennai $ity 7etropolitan 0evelopment )uthority by Tamil 'adu )ct 23 of 413.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2*-

@'10% C859irma4i85 89 2=#laAs 2= 2@S4a4e &8<er5me54E %3 F G 'o bylaw or cancellation or alteration of a by-law shall have effect until the same shall have been approved and confirmed by the 2["tate *overnment!. F2G )ny by-law or cancellation or alteration of a by-law when it shall have been duly confirmed shall be published in the district gazette in #nglish and shall come into operation three months after it has been so published.! PUBLICATION OF RULES' 5*4LA!# AND $E&ULATION# '11% C87ies 89 Ac4, r1les a50 2=#laAs, 48 2e s8l0 a4 m15ici7al 899ice %3 $omplete copies in #nglish and in a vernacular language of the district
FaG of this )ct, FbG of all rules framed by the 2["tate *overnment! under /[clause *%+ of sub-section F2G

of "ection /0/!, and


FaG of all by-laws in force for the time being, shall be Dept at the municipal office and shall be sold to the public at cost price.

'12% P12lica4i85 89 re;1la4i85s %3 ,egulations made by the 7unicipal )uthorities under this )ct shall be published in such manner as the $ouncil may determine.

PPPPPPPPPPPPPPPPPPPPPPPPP . This section was substituted for the original section by "ection 2= of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnment Q by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. /. This e.pression was substituted for the words, figures and letters Qclauses FbG and FcG of "ection /0/Q by "ection 21 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2*.

$+)(T#, U @? PENALTIES '1'% &e5eral 7r8<isi85s re;ar0i5; 7e5al4ies s7eci9ie0 i5 4?e Sc?e01le%3F GWhoever 3
FaG contravenes any provision of any of the sections or rules specified in the first

column of "chedule ?%%, or


FbG contravenes any rule or order made under any of the specified sections or rules,

or
FcG fails to comply with any direction lawfully given to him or any reHuisition lawfully made upon him under or in pursuance of the provisions of any of the said sections or rules,

shall, on conviction, be punished with fine which may e.tend to the amount mentioned in that behalf in the fourth column of the said "chedule. F2G Whoever after having been convicted of FaG contravening any provision of the sections or rules specified in the first column of "chedule ?%%%, or FbG contravening any rule or order made under any of the specified sections or rules,

or
FcG failing to comply with any direction lawfully given to him or any reHuisition

lawfully made upon him under or in pursuance of any of the said sections or rules, continues to contravene the said provision or to neglect to comply with the said direction or reHuisition, as the case may be, shall, on conviction, be punished, for each day after the previous date of conviction during which he continues so to offend, with fine which may e.tend to the amount mentioned in that behalf in the fourth column of the said "chedule. E'planation .( The entries in the third column of "chedules ?%% and ?%%% headed QsubJectQ are not intended as definitions of the offences described in the section, sub-sections or clauses mentioned in the first and second

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2*9

columns or even as abstracts of those sections, sub-sections or clauses, but are inserted merely as references to the subJect of the sections, sub-sections or clauses, as the case may be. @'1*% Pe5al4= 98r ac4i5; as C815cill8r, C?airma5 8r Vice#C?airma5 A?e5 0isC1ali9ie0 %3 F G Whoever acts as a member of a 7unicipal $ouncil Dnowing that under this )ct or the rules made thereunder he is not entitled or has ceased to be entitled to hold such office shall, on conviction, be punished with fine not e.ceeding two hundred rupees for every such offence.
F2G Whoever acts as or e.ercises the functions of the $hairman or ?ice-$hairman of a 7unicipal $ouncil Dnowing that under this )ct or the rules made thereunder he is not entitled or has ceased to be entitled to hold such office or to e.ercise such functions shall, on conviction, be punished with fine not e.ceeding one thousand rupees for every such offence. F/G %f the $hairman or ?ice-$hairman of a 7unicipal $ouncil fails to handover any
1

documents of, or any moneys or other properties vested in, or belonging to, the 7unicipal $ouncil which are in or have come into his possession or control, to his successor in office or other prescribed authority, in every case as soon as his term of office as $hairman or ?ice$hairman e.pires and in the case of the ?ice-$hairman also on demand by the $hairman, such $hairman or ?ice-$hairman shall, on conviction, be punished with fine not e.ceeding one thousand rupees for every such offence.! 2 @'1*#A% KCC.! '1+% Pe5al4= 98r acC1isi4i85 2= m15ici7al 899icer 89 i54eres4 i5 c854rac4 8r A8rD %3 %f any municipal officer or servant Dnowingly acHuires, directly or indirectly, by himself or by a partner or employer or servant, any personal share or interest in any contract or employment with, by, or on behalf of the 7unicipal $ouncil, he shall be deemed to have committed an offence under "ection =3 of the %ndian (enal $ode F$entral )ct @9? of 3=0G 5 (rovided that no person shall, by reason of being a shareholder in, or member of, any company, be held to be interested in any contract entered into between such company and the $ouncil, unless he is a director of such company 5 [(rovided further that nothing in this section shall apply to a teacher employed by a 7unicipal $ouncil who, with the sanction of the :["tate *overnment!, enters
/

PPPPPPPPPPPPPPPPPPPPPPPPP . This section was substituted for the original section by "ection 23 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. %nserted by the Tamil 'adu 7unicipal 9aws F"econd )mendmentG )ct, 2002 FTamil 'adu )ct / of 2002G and omitted by Tamil 'adu )ct 4 of 2003. /. This. proviso was added by "ection 24 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. :. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnment Q by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2+0

into a contract with the 7unicipal $ouncil with regard to the utilisation for the purpose of a school of any land or building owned by him or in which he has a share or interest.! '1,% Pe5al4= 98r 8missi85 48 4aDe 814 lice5ce 98r <e?icle 8r a5imal .F G #very owner or person in-charge of any vehicle or animal liable to ta. under "ection 43 who omits to obtain a licence shall, on conviction, be punished with fine not e.ceeding fifty rupees and shall also pay the amount of the ta. payable by him in respect of such vehicle or animal.
F2G &n payment of such fine and ta. and of such costs as may be awarded, such owner

or person shall receive a licence for the vehicle or animal in respect of which he has been fined and for the period during which he has been found to be in default.
F/G The provisions of this section shall apply to any person who, having compounded for the payment of a certain sum under "ection 0 , fails to pay such sum, and the amount due for a licence shall, in such case, be taDen as the amount so compounded for.

'1-% Pe5al4= 98r 15laA91l 21il0i5; .O %f the construction or re-construction of any building or well O *1+ is commenced without the permission of the [#.ecutive )uthority!, or
*%+ is carried on or completed otherwise than in accordance with the particulars on

which such permission was based, or *8+ is carried on or completed in contravention of any lawful order or in breach of any provision contained in this )ct or in any rule or by-law made hereunder or of any direction or reHuisition lawfully given or made, or if any alterations or additions reHuired by any notice issued under "ection 20< or "ection 2 < are not duly made, or if any person to whom a direction is given by the [#.ecutive )uthority! to alter or demolish a building or well under "ection 2 = fails to obey such direction, the owner of the building or well or the said person, as the case may be, shall be liable on conviction to a fine which may e.tend in the case of a building to five hundred rupees and in the case of a well or but to fifty rupees, and to a further fine which may e.tend in the case of a building to one hundred rupees, and in the case of a well or but to ten rupees, for each day during which the offence is proved to have continued after the first day.

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2+1

'1.% N84ice 48 sca<e5;ers 2e98re 0isc?ar;e %3 F G %n the absence of a written contract to the contrary, every scavenger employed by the 7unicipal $ouncil shall be entitled to one monthEs notice before discharge or to one monthEs wages in lieu thereof, unless he is discharged for misconduct or was engaged for a specified term and discharged at the end of it.
(2" Pe5al4= 98r Ai4?0raAal 89 sca<e5;ers Ai4?814 584ice %3 "hould any scavenger employed by the $ouncil, in the absence of a written contract authorising him so to do, and without reasonable cause, resign his employment or absent himself from his duties without giving one monthEs notice to the $ouncil, or neglect or refuse to perform his duties, or any of them, he shall be liable on conviction to a fine not e.ceeding fifty rupees or to imprisonment of either description which may e.tend to two months. (2" A77lica4i85 89 s12-sec4i85s (1" a50 F2G 48 84?er m15ici7al ser<a54s %3 The

["tate *overnment! may, by notification, direct that, on and from a date to be specified in the notification, the provisions of sub-sections F G and F2G with respect to scavengers shall apply also to any specified class of municipal servants whose functions intimately concern the public health or safety. '19% (r85;91l res4rai54 89 2@E6ec14i<e A14?8ri4=E a50 ?is 0ele;a4e #very person who prevents the 2[#.ecutive )uthority! or any person to whom the 2[#.ecutive )uthority! has lawfully delegated his powers of entering into or on any land or building, from e.ercising his lawful power of entering thereinto or thereon shall be deemed to have committed an offence under "ection /: of the %ndian (enal $ode F$entral )ct @9? of 3=0G. '20% Pe5al4= 98r 584 ;i<i5; 8r ;i<i5; 9alse i598rma4i85 %3 %f any person who is reHuired by the provisions of this )ct or by any notice or other proceedings issued under this )ct to furnish any information O
FaG omits to furnish it, or FbG Dnowingly or negligently furnishes false information,

such person shall be liable to a fine not e.ceeding ,s. 00.

PPPPPPPPPPPPPPPPPPPPPPPPP . The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnment Q by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. 2. These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2+2

(),T ?% $+)(T#, @?% PR CEDURE AND MISCELLANE US LICENCE# AND %E$MI##ION# '21% &e5eral 7r8<isi85s re;ar0i5; lice5ces a50 7ermissi85s %3 F G #very licence and permission granted under this )ct or any rule or by-law made under this )ct shall specify the period, if any, for which, and the restrictions, limitations and conditions, subJect to which the same is granted, and shall be signed by the [#.ecutive )uthority!. [F2G "ave as otherwise e.pressly provided in or may be prescribed under this )ct, for every such licence or permission, fees may be charged on such units and at such rates as may be fi.ed by the 7unicipal $ouncil.!
/ 2

[F/G The $ouncil may O


FaG place the collection of such fees under the management of such persons as may

appear to it proper N or
FbG farm out such collection for any period not e.ceeding three years at a time and

on such terms and conditions as it may thinD fit! [F/-)G #very order of a municipal authority granting or refusing a licence or permission shall be published on the notice board of the 7unicipal $ouncil.! F:G #very order of a municipal authority refusing, suspending, cancelling or modifying a licence or permission shall be in writing and shall state the grounds on which it proceeds.
:

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 2. This sub-section was substituted for the original sub-section by "ection /0 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. /. This sub-section was substituted for the original sub-section F/G by "ection 2< FiG of the Tamil 'adu. 0istrict 7unicipalities FThird )mendmentG )ct, 4:2 FTamil 'adu )ct @@@?%%% of 4:2G, re-enacted permanently with specified modification by "ection / of, and the "chedule to, the Tamil 'adu ,e-enacting F'o.%%%G )ct, 4:3 FTamil 'adu )ct %@ of 4:3G. :. This sub-section was inserted by "ection /0 FiiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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F<G "ubJect to the special provisions in $hapters @ and @%% regarding buildings and (rivate 7arDets, and subJect to such sanction as may be reHuired for the refusal of a licence or permission, [CCC! any licence or permission granted under this )ct or any rule or by-law made under it may, at any time, be suspended or revoDed by the 2[#.ecutive )uthority! if any of its restrictions, limitations or conditions is evaded or infringed by the grantee, or if the grantee is convicted of a breach of any of the provisions of this )ct, or of any rule, bylaw or regulation made under it in any matter to which such licence or permission relates, or if the grantee has obtained the same by misrepresentation or fraud. F<G %t shall be the duty of the 2[#.ecutive )uthority! to inspect places in respect of

which a licence or permission is reHuired by or under this )ct, and he may enter any such place between sunrise and sunset and also between sunset and sunrise if it is open to the public or any industry is being carried on in it at the time N and if he has reason to believe that anything is being done in any place without a licence or permission where the same is reHuired by or under this )ct, or otherwise than in conformity with the same, he may at any time by day or night without notice enter such place for the purpose of satisfying himself whether any provision of law, rules, by-laws or regulations, any condition of a licence or permission or any lawful direction or prohibition is being contravened and no claim shall lie against any person for any damage or inconvenience necessarily caused by the e.ercise of powers under this subsection, by the 2[#.ecutive )uthority! or any person to whom he has lawfully delegated his powers, or by any force necessary for effecting an entrance under this sub-section.
F<G When any licence or permission is suspended or revoDed, or when the period for

which it was granted, or within which application for renewal should be made, has e.pired, whichever e.pires later, the grantee shall, for all purposes of this )ct or any rule or by-law made under this )ct, be deemed to be without a licence or permission until the order suspending or revoDing the licence or permission is cancelled or, subJect to sub-section F G, until the licence or permission is renewed, as the case may be. #very grantee of any licence or permission shall, at all reasonable times, while such licence or permission remains in force, produce the same at the reHuest of the 2 [#.ecutive )uthority!.
F=G F1G Whenever any person is convicted of an offence in respect of the failure to obtain a licence or permission or to maDe a registration reHuired by

PPPPPPPPPPPPPPPPPPPPPPPPP . The words Qand to such appeal as may be provided in case of refusalQ were omitted by "ection /0 FiiiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2+*

the provisions of this )ct or any rule or by-law made under this )ct, the magistrate shall, in addition to any fine which may be imposed, recover summarily and pay over to the 7unicipal $ouncil the amount of the fee chargeable for the licence or permission or for registration N [and may in his discretion also recover summarily and pay over to the $ouncil such amount, if any, as he may fi. as the costs of the prosecution!. [F4-)G "ave as otherwise e.pressly provided in or may be prescribed under this )ct, every application for a licence or permission or for registration of the renewal of a licence or permission or registration, shall be made not less than thirty and not more than ninety days before the commencement of the year or of such less period as is mentioned in the application.!
F 0G "uch recovery of the fee under sub-section F4G shall not entitle the person
2

convicted to a licence or permission or to registration as aforesaid.


F G The acceptance by the 7unicipal $ouncil of the pre-payment of the fee for a licence or permission or for registration shall not entitle the person maDing such pre-payment to the licence or permission or to registration, as the case may be, but only to refund of the fee in case of refusal of the licence or permission or of registration N but an applicant for the renewal of a licence or permission or registration shall until communication of orders on his application be entitled to act as if the licence or permission or registration had been renewedN and save as otherwise specially provided in this )ct, if orders on an application for licence or permission or for registration are not /[received by the applicant within si.ty days after the receipt of the application! by the :[#.ecutive )uthority!, the application shall be deemed to have been allowed for the year or for such less period as is mentioned in the application, and subJect to the law, rules, bylaws, regulations and all conditions ordinarily imposed.

'22% A77eals 9r8m *@E6ec14i<e A14?8ri4=E 48 C815cil %3 F G )n appeal shall lie to the $ouncil from O *1+ any notice issued or other action taDen or proposed to be taDen by the :[#.ecutive )uthority! O

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were added by "ection /0 FivG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. This sub-section was inserted by sub-section 2< FiiG of the Tamil 'adu 0istrict 7unicipalities FThird )mendmentG )ct, 4:2 FTamil 'adu )ct @@@?%%% of 4:2G, reenacted permanently with specified modification by "ection / of, and the "chedule to, the Tamil 'adu ,e-enacting F'o.%%%G )ct, 4:3 FTamil 'adu )ct %@ of 4:3G. /. This e.pression was substituted for the e.pression Qcommunicated to the applicant within thirty days after the receipt of the applicationQ by "ection / FiiG of the Tamil 'adu 9ocal )uthoritiesE 9aws F)mendmentG )ct, 41: FTamil 'adu )ct /4 of 41:G. :. These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2++

*i+ [under "ection! C[ / , /4!, :=, :1, :3, <0, 20< sub-section F G and subsection F/G, 2 = sub-section F/G, 2 3 sub-section F G, 2 4 sub-section F G, 22: sub-section F G, 22=, 2/=, E [2:= or 2:1! N *ii+ under any by-law concerning house drainage and the connection of house drains with municipal drains or house connections with municipal water-supply or lighting mains N or [F%G any refusal by the /[#.ecutive )uthority! to approve a building site under "ection 200 N or! [F8G any order of the /[#.ecutive )uthority! granting or refusing a licence or permissionN! [FdG any order of the /[#.ecutive )uthority! made under "ection /2 , sub-section F<G, suspending or revoDing a licence N! or [F&G any other order of the /[#.ecutive )uthority! that may be made appealable by rules under "ection /0/.! F2G The decision of the $ouncil on any such appeal shall be final. '2'% Limi4a4i85 89 4ime 98r a77eal %3 %n any case in which no time is prescribed by the foregoing provisions of this )ct for the presentation of an appeal allowed thereunder, such appeal subJect to the provisions of "ection < of the %ndian 9imitation )ct, 403 F$entral )ct %@ of 403G, must <[be presented O
FaG where the appeal is against an order granting a licence or permission, within thirty days after the date of the publication of the order on the notice board of the 7unicipal $ouncil, and FbG in other cases, within thirty days after the date of the receipt of the order or proceeding against which the appeal is made.!
: : 2 2

'2*% P8Aer 89 7ers85s c8501c4i5; elec4i85 a50 84?er e5C1iries %3 )ll persons authorised by rule to conduct enHuiries relating to elections and all PPPPPPPPPPPPPPPPPPPPPPPPP . The words Qunder sectionQ were substituted for the words Qunder sectionsQ and the figures and word Q2:= or 2:1Q were substituted for the figures C/:I' /:FC by "ection / of, and the "econd "chedule to, the Tamil 'adu ,epealing and )mending )ct, 4<< FTamil 'adu )ct @@@?% of 4<<G. 2. $lauses *%+ and FcG were substituted for original clauses FbG, FcG, *d+ and FeG by "ection / of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. /. These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. :. &riginal clauses *9+ and FgG were re-lettered as clauses *d+ and FeG respectively by i%id( <. These words and letters were substituted for the words Qbe presented within thirty days after the date of receipt of the order or proceeding against which the appeal is madeQ by "ection /2 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. C &mitted in respect of $hennai $ity 7etropolitan 0evelopment )rea by Tamil 'adu )ct 23 of 413.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2+,

inspecting or superintending officers holding any enHuiries into matters falling within the scope of their duties shall have for the purposes of such enHuiries the same powers in regard to the issue of summonses for the attendance of witnesses and the production of documents as are conferred upon revenue officers by the [Tamil 'adu! ,evenue "ummonses )ct, 3=4 F [Tamil 'adu! )ct %%% of 3=4G, and the provisions of "ections 2, /, : and < of that )ct shall apply to summonses issued and to persons summoned by virtue of the powers conferred by this section N and all persons to whom summonses are issued by virtue of the said powers shall be bound to obey such summonses.
'2+% S1mm85s 48 a44e50 a50 ;i<e e<i0e5ce 8r 7r801ce 08c1me54s%# The 2[#.ecutive

)uthority! may summon any person to attend before him and to give evidence or produce documents, as the case may be, in respect of any Huestion relating to ta.ation, or inspection, or registration, or to the grant of any licence or permission under the provisions of this )ct. NOTICE#8 ETC(
'2,% !8rm 89 584ices a50 7ermissi85s %3 )ll notices and permissions given, issued, or

granted, as the case may be, under the provisions of this )ct must be in writing.
'2+% Si;5a41re 85 08c1me54s %3 F G #very licence, permission, notice, bill, schedule, summons or other document which is reHuired by this )ct or by any rule, by-law or regulation made under it to /[bear the signature of the $hairman or #.ecutive )uthority! or of any municipal officer shall be deemed to be properly signed if it bears a :[facsimile of the signature of the $hairman or #.ecutive )uthority! or of such municipal officer, as the case may be, stamped thereon.

F2G 'othing in sub-section F G shall be deemed to apply to a cheHue drawn upon the municipal fund or to any deed of contract entered into by the 7unicipal $ouncil.
'2-% P12lica4i85 89 584i9ica4i85s %3 <["ave as otherwise provided, every notification

under this )ct! other than one issued by the =["tate *overnment!

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q7adrasQ by the Tamil 'adu )daptation of 9aws &rder, 4=4, as amended by the Tamil 'adu )daptation of 9awsEF"econd )mendmentG &rder, 4=4 which came into force on the :th 6anuary 4=4. 2. These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. /. These words were substituted for the words Qbear the signature of the $hairmanQ by "ection = F2G, i%id( :. These words were substituted for the words Qfacsimile of the signature of the $hairmanQ by i%id( <. These words were substituted for the words Q#very notification under this )ctQ by "ection // of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. =. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2+-

shall be published in the official gazette of the district in which the 7unicipality is situated both in #nglish and in a vernacular language of the district [(rovided that the 2["tate! *overnment shall have power to direct that any such notification O
FiG shall be published in the said gazette either in #nglish or in a vernacular language of

the district N or
FiG shall, instead of being published in the said gazette, be published in any other

manner specified by them.! '29% P12lica4i85 89 2=#laAs, 584ices, 8r0ers, e4c%%3 #very by-law, order, notice or other document directed to be published under this )ct shall, unless a different method be prescribed by this )ct, or by the $ouncil, be written in, or translated into, the vernacular of the district and deposited at the municipal office, and a copy shall be posted up in a conspicuous position at such office and such other places as the $ouncil may direct. )nd a public proclamation shall be made throughout the 7unicipality by beat of drum that such copy has been so posted up and that the original is open to inspection at the municipal office.
''0% N84ice 89 7r8?i2i4i85s 8r se44i5; a7ar4 89 7laces %3 Whenever the municipal

$ouncil shall have set apart any place for any purpose authorised by this )ct or shall have prohibited the doing of anything in any place, the [#.ecutive )uthority! shall forthwith cause to be put up a notice in #nglish and in a vernacular language of the district at or near such place. "uch notice shall specify the purpose for which such place has been set apart or the act prohibited in such place.
''1% Me4?80 89 ser<i5; 08c1me54s %3 F G When any notice or other document is reHuired by this )ct, or by any rule, by-law, regulation or order made under it, to be served on, or sent to any person, the service or sending thereof may be effected FaG by giving or tendering the said document to such person N or FbG if such person is not found, by leaving such document at his last Dnown place of abode or business or by giving or tendering the same to some adult member or servant of his family N or

PPPPPPPPPPPPPPPPPPPPPPPPP . This proviso was added by "ection 2 FiiiG of the Tamil 'adu 0istrict 7unicipalities and 9ocal 2oards F"econd )mendmentG )ct, 4:: FTamil 'adu )ct @?%%% of 4::G, reenacted permanently by "ection 2 of, and the First "chedule, to, the Tamil 'adu . ,eenacting and ,epealing F'o. G )ct, 4:3 FTamil. 'adu )ct ?%% of 4:3G. 2. This word was substituted for the word Q(rovincialQ by the )daptation &rder of 4<0.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2+.

FcG if such person does not reside in the 7unicipality and his address elsewhere is

Dnown to the [#.ecutive )uthority! by sending the same to him by post registered N or
FdG if none of the means aforesaid be available, by 2[affi.ing the same on some

conspicuous part! of such place of abode or business.


F2G 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.
F/G Whenever in any bill, notice, /[form or other document! served or sent under this

)ct a period is fi.ed within which any ta. or other sum is to be paid or any worD e.ecuted, or anything provided, such period shall, in the absence from this )ct of any distinct provision to the contrary, be calculated from the date of such service or sending. $ELATION O3 OCCU%IE$ TO O!NE$
''2% Rec8<er= 2= 8cc17ier 89 s1m le<ia2le 9r8m 8A5er %3 %f the occupier of any

building or land maDes on behalf of the owner thereof any payment for which under this )ct, the owner, but not the occupier, is liable, such occupier shall be entitled to recover the same from the owner and may deduct the same from the rent then or thereafter due by him to the owner. 2s4r1c4i85 89 8A5er 2= 8cc17ier %3 F G %f the occupier of any building or land prevents the owner from carrying into effect in respect thereof any of the provisions of this )ct, the [#.ecutive )uthority! may, by an order, reHuire the said occupier to permit the owner, within eight days from the date of service of such order, to e.ecute all such worDs as may be necessary.
'''%

F2G "uch owner shall, for the period during which he is prevented as aforesaid, be e.empt from any fine or penalty to which he might otherwise have become liable by reason of default in e.ecuting such worDs.
''2% E6ec14i85 89 A8rD 2= 8cc17ier i5 0e9a1l4 89 8A5er %3 %f the owner of any building

or land fails to e.ecute any worD which he is reHuired to e.ecute under the provisions of this )ct or of any rule, by-law, regulation or order made under it, the occupier of such building or land may, with the approval of the

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 2. These words were substituted for the words Qfi.ing the same in some conspicuous partQ by "ection : of , and the Third "chedule .to, the Tamil 'adu ,epealing and )mending )ct, 4<1 FTamil 'adu )ct @@? of 4<1G. /. These words were substituted for the words Qor formQ by "ection /: of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2+9

[#.ecutive )uthority!, e.ecute the said worD, and shall be entitled to recover from the owner the reasonable e.penses incurred in the e.ecution thereof, and may deduct the amount thereof from the rent then or thereafter due by him to the owner.
2

@P8Aer 89 e54r= a50 i5s7ec4i85 89 4?e E6ec14i<e A14?8ri4=%E

''+% P8Aer 89 e54r= 48 i5s7ec4, s1r<e= 8r e6ec14e 4?e A8rD%# The 1[#.ecutive )uthority! or any person authorised by him in this behalf may enter into or on any building or land with or without assistants or worDmen in order to maDe any inHuiry, inspection, test e.amination, survey, measurement or valuation or for the purpose of lawfully placing or removing pipes or meters, or to e.ecute any other worD which is authorised by the provisions of this )ct or of any rule, by-law, regulation or order made under it, or which it is necessary for any of the purposes of this )ct or in pursuance of any of the said provisions, to maDe or e.ecute 5 (rovided that O
*1+ e.cept when it is in this )ct otherwise e.pressly provided, no such entry shall be

made between sunset and sunrise N


*%+ e.cept when it is in this )ct otherwise e.pressly provided, no dwelling house

and no part of a public building used as a dwelling place, shall be so entered without the consent of the occupier thereof unless the said occupier has received at least si. hoursE previous notice of the intention to maDe such entry N
*1+ sufficient notice shall be given in every case even when any premises may otherwise be entered without notice, to enable the inmates of any apartment appropriated to women to remove to some part of the premises where their privacy may be preserved N *8+ due regard shall be paid, so far as may be compatible with the e.igencies of the purpose of the entry, to the social and religious usages of the occupants of the premises.

'',% P8Aer 89 e54r= 85 la50s a0Lace54 48 A8rDs %3 F G The [#.ecutive )uthority! or any person authorised by him in this behalf may with or without assistants or worDmen enter on any land adJoining or within fifty yards of any worD authorised by this )ct or by any rule, by-law, regulation or order made

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 2. These words were substituted for the words Q$hairmanEs powers of entry and inspectionQ by "ection 1 F2G, i%id(

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2,0

under it, for the purpose of depositing on such land any soil, gravel, stone, or other materials, or of obtaining access to such worD, or for any other purpose connected with the carrying on thereof.
F2G The [#.ecutive )uthority! or person authorised by him as aforesaid, shall, before entering on any land under sub-section F G, give the owner or occupier three daysE previous notice of the intention to maDe such entry, and state the purpose thereof, and shall, if so reHuired by the owner or occupier, fence off so much of the land as may be reHuired for such purpose. F2G The [#.ecutive )uthority! shall not be bound to maDe any payment, tender or

deposit before entering on any land under sub-section F G, but as little damage as may be shall be done and the [#.ecutive )uthority! shall pay compensation to the owner or occupier of the land for such entry and for any temporary or permanent damage that may result there from.
F/G %f such owner or occupier is dissatisfied with the amount of compensation paid to him by the [#.ecutive )uthority!, he may appeal to the $ouncil. ''-% I5s7ec4i85 a50 s4am7i5; 89 Aei;?4s a50 meas1res %3 The [#.ecutive )uthority! or any person authorised by him in this behalf may e.amine and test the weights and measures used in marDets and shops in the 7unicipality with a view to the prevention and punishment of offences relating to such weights and measures under $hapter @%%% of the %ndian (enal $ode F$entral )ct @9? of 3=0G.

%O!E$ TO EN3O$CE LICEN#IN& %$O.I#ION#8 O$DE$#8 ETC.


''.% C85seC1e5ces 89 9ail1re 48 824ai5 lice5ces, e4c%, 8r 89 2reac? 89 4?e same %3 %f,

under this )ct, or any rule, by-law or regulation made under it the licence or permission of the $ouncil or #.ecutive )uthority! or registration in the municipal office is necessary for the doing of any act, and if such act is done without such licence or permission or registration, or in a manner inconsistent with the terms of any such licence or permission, then O FaG the [#.ecutive )uthority! may, by notice, reHuire 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 and further, FbG if no penalty has been specially provided in this )ct for so doing such act, the person so doing it shall be liable on conviction before a magistrate to a fine not e.ceeding fifty rupees for every such offence.

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2,1

''9% Time 98r c8m7l=i5; Ai4? 8r0er a50 78Aer 48 e598rce i5 0e9a1l4 %# F G Whenever by any notice, reHuisition, or order under this )ct, or under any rule, by-law or regulation made under it, any person is reHuired to e.ecute any worD or to taDe any measures or do anything a reasonable time shall be named in such notice, reHuisition or order within which the worD shall be e.ecuted, the measures taDen, or the thing done.
F2G %f such notice, reHuisition, or order is not complied with within the time so named,

the [#.ecutive )uthority! may cause such worD to be e.ecuted or may taDe any measures or do anything which may, in his opinion, be necessary for giving due effect to the notice, reHuisition or order as aforesaid N and further,
F/G if no penalty has been specially provided in this )ct for failure to comply with such

notice, the said person shall be liable on conviction before a magistrate to a fine not e.ceeding fifty rupees for every such offence. '*0% Rec8<er= 89 e67e5ses 9r8m 7ers85s lia2le a50 limi4a4i85 89 lia2ili4= 89 8cc17ier% 3 F G The [#.ecutive )uthority! may, C[subJect to the provisions of 2["ection /4!,! recover any reasonable e.penses incurred under "ection //4 from the person or any one of the persons to whom the notice, reHuisition or order was addressed, and may, in e.ecuting worD or taDing measures under "ection //4, utilise any materials found on the property concerned or may sell them and apply the sale-proceeds in or towards the payment of the e.penses incurred.
F2G %f the person to whom notice is given is the owner of the property in respect of

which it is given, the [#.ecutive )uthority! may Fwhether any action or other proceeding has been brought or taDen against such owner or notG reHuire the person, if any, who occupies such property, or any part thereof, under the owner, to pay to the 7unicipal $ouncil instead of to the owner, the rent payable by him in respect of such property, as it falls due, up to the amount recoverable from the owner under sub-section F G or to such smaller amount as the [#.ecutive )uthority! may thinD proper N and any amount so paid shall be deducted from the amount payable by the owner.
F/G For the purpose of deciding whether action should be taDen under sub-section F2G, the [#.ecutive )uthority! may reHuire any occupier of property to furnish information as to the sum paid by him as rent on account of such property and as to the name and address of the person to whom it is payable N and such occupier shall be bound to furnish such information.

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. C &mitted in respect of $hennai $ity 7etropolitan 0evelopment )uthority by Tamil 'adu )ct 23 of 413. 2. This e.pression was substituted for the words and figures Q"ections /4 and <<Q by "ection /< of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2,2

F:G The provisions of this section shall not affect any contract made between any owner and occupier respecting the payment of any such e.penses. '*1% Relie9 48 A;e54 a50 48 Tr1s4ees %3 F G When any person by reason of his receiving the rent of immovable property as agent, trustee, guardian, manager or receiver, or of his being agent, trustee, guardian, manager or receiver for the person who would receive the rent if the property were let to a tenant, would, under this )ct, be bound to discharge any obligation imposed by this )ct, or any rule, by-law, regulation or order made under it on the proprietor of the property and for the discharge of which money is reHuired, he shall not be bound to discharge the obligation unless he has, or, but for his own improper act or default, might have had, in his hands funds belonging to the proprietor sufficient for the purpose.
F2G The burden of proving the facts entitling a person to relief under this section shall lie

on him.
F/G When any person has claimed and established his right to relief under this section, the [#.ecutive )uthority! may give him notice to apply to the discharge of such obligation as aforesaid the first moneys which shall come to his hands on behalf or for the use of the proprietor N and should he fail to comply with such notice, he shall be deemed to be personally liable to discharge such obligation.

'*2% P8Aer 89 1@E6ec14i<e A14?8ri4=E 48 a;ree 48 recei<e 7a=me54 89 e67e5ses i5 i5s4alme54s %3 %nstead of recovering any such e.penses as aforesaid in the manner provided under "ection /::, the [#.ecutive )uthority! may, if he thinDs fit, taDe an agreement from the person liable for the payment thereof, to pay the same in instalments of such amounts and at such intervals as will secure the payment of the whole amount due, with interest thereon at the rate of nine per centum per annum, within a period of not more than five years. %A*MENT O3 COM%EN#ATION8 ETC.8 5* AND TO THE MUNICI%ALIT* '*'% P8Aer 89 M15ici7ali4= 48 7a= c8m7e5sa4i85 %3 %n any case not otherwise e.pressly provided for in this )ct, the [#.ecutive )uthority! may, with the approval of the $ouncil, pay compensation to any person who sustains damage by reason of the e.ercise by any 7unicipal authority, officer or servant of any of the powers vested in them by this )ct or any other law, or by any rule, bylaw or regulation made under it.

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2,'

'**% Rec8<er= 89 s1m 01es as 4a6es %3 )ll costs, damages, [penalties!, compensation, charges, fees Fother than school feesG, e.penses, rents Fnot being rents for lands and buildings demised by the 7unicipal $ouncilG, contributions and other sum which under this )ct or any other law or rules or by-laws made thereunder, or under any contract in respect of watersupply 2[or drainage! made in accordance with this )ct, the rules or by-laws are due by any person to the $ouncil, may, if there is no /[special provision in this )ct for their recovery! be demanded by bill as provided in the rules in "chedule %? and recovered in the manner provided :[therein!. '*+% Limi4a4i85 98r rec8<er= 89 01es .O 'o distraint shall be made, no suit shall be instituted and no prosecution shall be commenced in respect of any sum due to the 7unicipal $ouncil under this )ct after the e.piration of a period of <[twelve! years from the date on which distraint might first have been made, a suit might first have been instituted, or prosecution might first have been commenced, as the case may be, in respect of such sum. '*,% Pr8ce01re i5 0eali5; Ai4? s1r7l1s sale 7r8cee0s .O %f any property, movable or immovable, is sold under the provisions of this )ct, and if there is a surplus after the sum due to the 7unicipal $ouncil and the costs have been deducted from the sale-proceeds, such surplus shall, if the owner of the property sold claims it within si. months from the date of the sale, be paid to him by the =[#.ecutive )uthority!, but if no such claim is preferred within such time, the said surplus shall be credited to the municipal fund, and no suit shall lie for the recovery of any sum so credited. '*-% Pers85s em78Aere0 48 7r8sec14e .O 1[CCC! 3["ave as otherwise e.pressly provided in this )ct, no $ourt shall taDe cognizance of any offence! against the provisions of this )ct, or of any rule, or by-law, made under it unless complaint is made by the police, or the = [#.ecutive )uthority! or by a person e.pressly authorised in this behalf by the $ouncil or the =[#.ecutive )uthority! within three months of the commission of the offence. 2ut nothing herein shall affect the provisions of the C$ode of $riminal (rocedure, 4[ 343! F$entral )ct PPPPPPPPPPPPPPPPPPPPPPPPP . This word was inserted by "ection /= FiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. These words were substituted for the words Qdrainage or scavengingsQ by "ection /= FiiG, i%id( /. These words were substituted for the words Qspecial provisions for their recovery contained in this )ctQ by i%id( :. These word was substituted for the words Qin those rulesQ by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. <. "ubstituted for the word QthreeQ by the Tamil 'adu )ct /= of 2003. =. These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 1. The words Q"ave as provided in "ection <4Q were omitted by "ection /1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 3. These words were substituted for the words Q'o person shall be tried for any offenceQ by "ection 22 of the $hennai $ity 7unicipal $orporation and 0istrict 7unicipalities F)mendmentG )ct, 4=2 FTamil 'adu )ct 0 of 4=2G. 4. These figures were inserted by "ection /1 FiiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. C "ee now the $ode of $riminal (rocedure, 41/ F$entral )ct 2 of 41:G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2,*

? of 343G in regard to the power of certain magistrates to taDe cognizance of offences upon information received or upon their own Dnowledge or suspicion 5 (rovided that failure to taDe out a licence, obtain permission or secure registration under this )ct shall, for the purposes of this section, be deemed a continuing offence until the e.piration of the period, if any, for which the licence, permission or registration is reHuired and if no period is specified, complaint may be made at any time within twelve months from the commencement of the offence.
'*.% Im7ris85me54 i5 0e9a1l4 89 7a=me54 a50 a77lica4i85 89 c8s4s, e4c% 3 F G %n case

any fine or costs imposed or assessed by a magistrate under this )ct or under any rule or bylaw made under it, shall not be paid, the magistrate may order the offender to be imprisoned in default of payment subJect to all the restrictions, limitations and conditions imposed in "ections =: to 10 Fboth inclusiveG of the %ndian (enal $ode F$entral )ct @9? of 3=0G. [F2G )ny fine, costs, ta. or other sum imposed or assessed by a magistrate under this )ct or under any rule or by-law made under it shall be recoverable by such magistrate under the C$ode of $riminal (rocedure, 343 F$entral )ct ? of 343G, as if it were a fine and the same shall 2[e.cept in the case of a fine! on recovery be paid to the 7unicipal $ouncil to be applied to the purposes of this )ct.!
'*9% Pa=me54 89 c8m7e5sa4i85 98r 0ama;e 48 M15ici7al 7r87er4=% # %f, on account of any act or omission, any person has been convicted of an offence against the provisions of this )ct or against any rule or by-law made under it and by reason of such act or omission damage has been caused to any property owned by or vesting in the 7unicipal $ouncil, the said person shall pay compensation for such damage, notwithstanding any punishment to which he may have been sentenced for the said offence. %n the event of dispute, the amount of compensation payable by the said person shall be determined by the $ourt before whom he was convicted of the said offence on application made to him for the purpose by the ' [#.ecutive )uthority! not later than three months from the date of conviction N and in default of payment of the amount of compensation so determined, it shall be recovered under a warrant from the said-$ourt as if it were a fine inflicted by him on the person liable therefor.

PPPPPPPPPPPPPPPPPPPPPPPPP . This sub-section was substituted for the original sub-section by "ection /3 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. These words were inserted by the )daptation &rder of 4/1. /. These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. M S&& now the $ode of $riminal (rocedure, 41/ F$entral )ct 2 of 41:G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2,+

LE&AL %$OCEEDIN&# '+0% I5s4i414i85 89 s1i4s a;ai5s4 M15ici7al A14?8ri4ies 899icers a50 ser<a54s %## F G 'o suit for damages or compensation shall be instituted against the 7unicipal $ouncil, any municipal authority, officer or servant, or any person acting under the direction of the same, in respect of any act done in pursuance or e.ecution or intended e.ecution of this )ct or any rule, by-law, regulation or order made under it or in respect of any alleged neglect or default in the e.ecution of this )ct, or any rule, by-law, regulation, or order made under it until the e.piration of one month after a notice has been delivered or left at the 7unicipal office or at the place of abode of such officer, servant or person, stating the cause of action, the relief sought, and the name and the place of abode of the intending plaintiff N and the plaint shall contain a statement that such notice has been so delivered or left.
F2G #very such suit shall be commenced within si. months after the date on which the

cause of action arose or in case of a continuing inJury or damage during such continuance or within si. months after the ceasing thereof.
F/G %f any person to whom any notice is given under sub-section F G tenders amends to

the plaintiff before the suit is instituted, and if the plaintiff does not recover in any such action more than the amount so tendered he shall not recover any costs incurred after such tender by the person to whom such notice has been given, and the defendant shall be entitled to costs as from the date of tender.
F:G Where the defendant in any such suit is [the $hairman, the #.ecutive )uthority, or!

a 7unicipal officer or servant, payment of the sum, or any part of any sum, payable by him in, or in conseHuence of, the suit whether in respect of costs, charges, e.penses, compensation for damages or otherwise may be made, with the sanction of the $ouncil, from the 7unicipal Fund. '+1% Pr8<isi85 res7ec4i5; i5s4i414i85, e4c%, 89 ci<il a50 crimi5al ac4i85s a50 824ai5i5; 89 le;al a0<ice %3 The 2[#.ecutive )uthority! may , *1+ taDe, or withdraw from, proceedings against any person who commits O
FiG any offence against this )ct, the rules, by-laws or regulations N

any offence which affects or is liDely to affect any property or interest of the 7unicipal $ouncil or the due administration of this )ctN
FiG

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the words Q$hairmanQ by "ection 1 F2G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 2. These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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*iii+ any nuisance whatsoever N FbG compound any offence against this )ct, the rules, by-laws, or regulations which may by rules made by the ["tate *overnment! be declared compoundable N [FcG with the approval of the $ouncil taDe, withdraw from or compromise proceedings for the recovery of e.penses or compensation claimed to be due to the 7unicipal $ouncil! N [FdG with the approval of the $ouncil withdraw or compromise any claim against any person in respect of a penalty payable under a contract entered into with such person by the / [#.ecutive )uthority! N [FeG with the approval of the $ouncil, defend any suit or other legal proceeding brought against the 7unicipal $ouncil or against any municipal authority, officer or servant, in respect of anything done or omitted to be done in its or his official capacity N [FfG with the approval of the $ouncil, compromise any claim, suit or legal proceedings brought against the $ouncil or against any municipal authority, officer or servant, in respect of anything done or omitted to be done as aforesaidN [FgG with the approval of the $ouncil, institute and prosecute any suit or withdraw from or compromise any suit or claim, which has been instituted or made in the name of the 7unicipal $ouncil or of the /[#.ecutive )uthority! N [FhG obtain such legal advice and assistance as he may, from time to time, thinD it necessary or e.pedient to obtain, or as he may be desired by the $ouncil to obtain, for any of the purposes mentioned in the foregoing clauses of this section or for securing the lawful e.ercise or discharge of any power or duty vesting in or imposed upon any municipal authority or municipal officer or servant.!
: + 2 2 2 2 2 2

['+1#A. CCC!

@'+1#)% I5L15c4i85s 584 48 2e ;ra54e0 i5 elec4i85 7r8cee0i5;s% # 'otwithstanding anything contained in the $ode of $ivil (rocedure, 403 F$entral

PPPPPPPPPPPPPPPPPPPPPPPPP . The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. 2. $lause FcG was omitted and clauses *d+ to *i+ were relettered as clauses *&+ to FhG by "ection /4 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. /. These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. :. &mitted by Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 44:. FTamil 'adu )ct 2< of 44:G. <. This section was inserted by "ection 2 of the Tamil 'adu 0istrict 7unicipalities and 9ocal 2oards F)mendmentG )ct, 4/= FTamil 'adu )ct @@? of 4/=G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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)ct ? of 403G, or in any other law for the time being in force, no $ourt shall grant any permanent or temporary inJunction or maDe any interim order restraining any proceeding which is being or about to be taDen under this )ct for the preparation or publication of electoral rolls or for the conduct of any election.! '+2% I50em5i4= 48 4?e &8<er5me54, C8llec48r, Re<e51e Di<isi85al 99icer, M15ici7al A14?8ri4ies, 899icers a50 a;e54s %3 'o suit shall be maintainable against [the 2["tate *overnment!, the district $ollector, the ,evenue 0ivisional &fficer! /[or any municipal $hairman, #.ecutive )uthority!, officer or servant or any person acting under the :[direction of any municipal $hairman, #.ecutive )uthority!, officer or servant, or of a 7agistrate, in respect of anything in good faith done under this )ct <[CCC! or any rule, by-law, regulation or order made under it.
'+2% Lia2ili4= 89 C?airma5, mem2ers, a50 E6ec14i<e A14?8ri4= 98r l8ss, Aas4e, 8r

misa77lica4i85 %## F G The =[$hairman, every $ouncillor, and the #.ecutive )uthority! shall be liable for the loss, waste or misapplication of any money or other property owned by or vested in the 7unicipal $ouncil, if such loss, waste or misapplication is a direct conseHuence of his neglect or misconduct and a suit for compensation may be instituted against him by the $ouncil with the previous sanction of the 2["tate *overnment! or by the 1["tate *overnment!. F2G #very such suit shall be commenced within three years after the date on which the cause of action arose. @'+'#A% Sa5c4i85 98r 7r8sec14i85 89 C?airma5, C815cill8r 8r E6ec14i<e A14?8ri4= . O When the 4[$hairman, any $ouncillor or the #.ecutive )uthority! 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 $ourt PPPPPPPPPPPPPPPPPPPPPPPPP . These words were inserted by "ection : FiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct %% of 4/0G. 2. The words Q(rovincial *overnmentQ were substituted for the word Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. /. These words were substituted for the words Qor any municipal $hairmanQ by "ection 1 F2G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. :. These words were substituted for the words Qdirection of any municipal $hairmanQ by i%id( <. The words Qor any other lawQ were omitted by "ection : FiiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. =. These words were substituted for the words, Q$hairman and every $ouncillorQ by "ection 1 F2G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 1. These words were substituted for the words Q"ecretary of "tate for %ndia in $ouncilQ by the )daptation &rder of 4/1 13 amended by the )daptation &rder of 4<0. 3. This section was inserted by "ection :/ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 4. These words were substituted for the words, Q$hairman or any $ouncillorQ by "ection 1 F2G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.
.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2,.

shall taDe cognizance of such offence e.cept with the previous sanction of the ["tate *overnment!.! '+*% Assessme54s, e4c%, 584 48 2e im7eac?e0 %3 F G 'o assessment or demand made, and no charge imposed, under the authority of this )ct shall be impeached or affected by reason of any clerical error or by reason of any mistaDe FaG in respect of the name, residence, place of business or occupation of any person or *%+ in the description of any property or thing, or FcG in respect of the amount assessed, demanded or charged 5 provided that the provisions of this )ct have been, in substance and effect, complied with. )nd no proceedings under this )ct shall 2[merely! for defect in form, be Huashed or set aside by any $ourt of 6ustice. F2G 'o suit shall be brought in any $ourt to recover any sum of money collected under the authority of this )ct or to recover damages on account of any assessment, or collection of money made under the said authority N (rovided that the provisions of this )ct have been, in effect, complied with.
F/G 'o distraint or sale under this )ct shall be deemed unlawful, nor shall any person

maDing the same be deemed a trespasser, on account of any error, defect or want of form in the bill, notice, schedule, form, summons, notice of demand, warrant of distraint, inventory, or other proceeding relating thereto if the provisions of this )ct, the rules and by-laws have in substance and effect been complied with5 (rovided that every person aggrieved by any irregularity may recover satisfaction for any special damage sustained by him. %OLICE '++% D14ies 89 P8lice 99icers %3 F G %t shall be the duty of every (olice &fficer
FaG to communicate without delay to the proper 7unicipal officer any information which he receives of the design to commit or of the commission of any offence under this )ct or any rule, by-law or regulation made under it, [and!/

FbG :[to assist the $hairman, the #.ecutive )uthority! or any 7unicipal officer or servant reasonably demanding his aid for the lawful e.ercise of any

PPPPPPPPPPPPPPPPPPPPPPPPP . The words Q(rovincial *overnmentQ were substituted for the word Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. 2. This word was inserted by "ection :: of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. /. This word was inserted by "chedule % to the Tamil 'adu 7otor ?ehicles Ta.ation )ct, 4/ FTamil 'adu )ct %%% of 4/ G. :. These words were substituted for the words Qassist the $hairmanQ by "ection 1 F2G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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power [vesting in the $hairman or the #.ecutive )uthority! or in such 7unicipal officer or servant under this )ct, or any such rule, by-law or regulation, 2[CCC! / [FcG CCC! F2G )ny (olice officer who omits or refuses to perform any duty imposed on him by this )ct, shall be deemed to have committed an offence under "ection 0 or under "ection :: of the :[Tamil 'adu! 0istrict (olice )ct, 3<4 F$entral )ct @@%? of 3<4G. '+,% P8Aer 89 P8lice 99icers 48 arres4 7ers85s %3 F G %f any (olice &fficer sees any person committing an offence against any of the provisions of this )ct or of any rule or bylaw made under it, he shall, if the name and address of such person are unDnown to him, and if the said person on demand declines to give his name and address, or gives a name and address which such officer has reason to believe to be false, arrest such person. F2G 'o person arrested under sub-section F G shall be detained in custody O FaG after his true name and address are ascertained, or FaG without the order of a magistrate for any longer time, not e.ceeding twenty-four hours from the hour of arrest, than is necessary for bringing him before a magistrate. '+-% E6ercise 89 78Aers 89 P8lice 99icer 2= M15ici7al ser<a54s%# The <["tate *overnment! may empower any 7unicipal servant or any class of 7unicipal servants to e.ercise the powers of a (olice &fficer for the purposes of this )ct and of the :[Tamil 'adu! Towns 'uisances )ct, 334. F:[Tamil 'adu! )ct %%% of 334G.
1 =

-MAINTENANCE O3 $ECO$D#/

'+-#A% Mai54e5a5ce 89 rec8r0s a50 0iscl8s1re 89 i598rma4i85 2= 4?e M15ici7ali4= i5cl10i5; T?ir0 &ra0e M15ici7ali4= a50 T8A5 Pa5c?a=a4 %3 #very 7unicipality including Third *rade 7unicipality and Town (anchayat, shall, maintain all its records duly catalogued and inde.ed, and publish such information, in such form, in such manner and at such intervals, as, may be prescribed.!

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the words .Qvesting in the $hairmanQ by i%id( 2. The word QandQ was omitted by "chedule % to the Tamil 'adu 7otor ?ehicles Ta.ation )ct, 4/ FTamil 'adu )ct %%% of 4/ G. /. $lause FcG was omitted by i%id( :. These words were substituted for the word Q7adrasQ by the Tamil 'adu )daptation of 9aws &rder, 4=4, as amended by the Tamil 'adu )daptation of 9aws F"econd )mendmentG &rder, 4=4, which came into force on the :th 6anuary 4=4. <. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. =. +eading and "ection /<1-) inserted by Tamil 'adu )ct /1 of 2003.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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MI#CELLANEOU#
'+.% A77lica4i85 89 4erm :712lic ser<a54: 48 m15ici7al 899icers, a;e54s a50 s12#a;e54s

.O #very municipal officer or servant, every contractor or agent for the collection of any municipal ta., [CCC! fee or other sum due to the 7unicipal $ouncil and every person employed by any such contractor or agent for the collection of such ta., [CCC! fee or sum shall be deemed to be a public servant within the meaning of "ection 2 of the %ndian (enal $ode F$entral )ct @9? of 3=0G.
'+9% Pr8?i2i4i85 a;ai5s4 82s4r1c4i85 89 M15ici7al A14?8ri4ies, ser<a54s a50 c854rac48rs .O'o person shall obstruct or molest the $ouncil, the 2[$hairman, any $ouncillor, the #.ecutive )uthority!, or any person employed by the 7unicipal $ouncil or / [any person with whom a contract has been entered into on behalf of the $ouncil! in the performance of their duty or of anything which they are empowered or reHuired to do by virtue or in conseHuence of this )ct or of any bylaw, rule, regulation or order made under it. ',0% Pr8?i2i4i85 a;ai5s4 rem8<al 89 marD .O 'o person shall remove any marD set up for the purpose of indicating any level or direction incidental to the e.ecution of any worD authorised by this )ct or by any by-law, rule or order made under it. ',1% Pr8?i2i4i85 a;ai5s4 rem8<al 8r 82li4era4i85 89 584ice .O 'o person shall, without authority in that behalf, remove, destroy, deface, or otherwise obliterate, any notice e.hibited by, or under the orders of the $ouncil or the :[#.ecutive )uthority!. '+.% Pr8?i2i4i85 a;ai5s4 15a14?8rise0 0eali5;s Ai4? 712lic 7lace 8r ma4erials .O 'o person shall, without authority in that behalf, remove earth, sand or other material or deposit any matter or maDe any encroachment from, in or on any land vested in the 7unicipal $ouncil, or river, estuary, canal, bacDwater or water-course Fnot being private propertyG or in any way obstruct the same.
;

-#TATE &O.E$NMENT<#/8 %O!E$ O3 DELE&ATION

',2% Dele;a4i85 89 78Aers 2= 4?e <@S4a4e &8<er5me54E .-=[F G The <["tate *overnment!

may, by notification, authorise any person to e.ercise any one or PPPPPPPPPPPPPPPPPPPPPPPPP . The word QtollQ was omitted by "chedule % to the Tamil 'adu 7otor ?ehicles Ta.ation )ct, 4/ FTamil 'adu )ct %%% of 4/ G. 2. These words were substituted for the words Q$hairman any $ouncillorQ by "ection 1 F2G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. /. These words were substituted for the words Qany person with whom the $hairman has entered into a contract on behalf of the $ouncilQ by i%id( :. These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. <. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnment Q by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. =. The original "ection /=/ was re-numbered as sub-section F G thereof and sub-section F2G was added by "ection 2= of the Tamil 'adu 0istrict 7unicipalities FThird )mendmentG )ct, 4:2 FTamil 'adu )ct @@@?%%% of 4:2G, re-enacted permanently with specified modifications by "ection / of and the "chedule to, the Tamil 'adu ,e-enacting F'o.%%%G )ct, 4:3 FTamil 'adu )ct %@ of 4:3G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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more of the powers [vested in them! by this )ct, 2[e.cept the powers mentioned in $hapters %% and %%%, the power to determine the amount of contribution under "ection <=, the power to maDe rules under sub-section F2G of "ection 11-) and "ections /0/ and /0< and the power to sanction prosecution under "ection /</-)! and may in liDe manner withdraw such authority. [F2G The e.ercise of any powers delegated under sub-section F G shall be subJect to such restrictions and conditions as may be prescribed or as may be specified in the notification, and also to control and revision by the :["tate! *overnment or by such persons as may be empowered by them in this behalf. The :["tate! *overnment shall also have power to control and revise the acts or proceedings of any persons so empowered.! T$AN#ITIONAL AND T$AN#ITO$* %$O.I#ION# ',*% Passi5; 89 7r87er4= a50 ri;?4s 48 M15ici7ali4= as rec85s4i414e0.O )ll property, all rights of whatever Dinds used, enJoyed or possessed by, and all interests of whatever Dind owned by, or vested in or held in trust by, or for , a 7unicipal $ouncil, as constituted under the Tamil 'adu 0istrict 7unicipalities )ct, 33: FTamil 'adu )ct %? of 33:G, as well as all liabilities legally subsisting against the said $ouncil shall pass to the $ouncil as constituted under this )ct. ',+%C8mme5ceme54 89 Ac4C .O This )ct shall come into force on such date as the <["tate *overnment! may, by notification, direct 5 (rovided that the power to maDe or approve rules, by-laws and regulations may be e.ercised at any time after the publication of the assent of the *overnor-*eneral under "ection 3 of the *overnment of %ndia )ct, 4 <, and that any election or appointment of $hairman, or $ouncillors under this )ct, or under the rules made under this )ct, may be held or made at any time after such publication, but no such election or appointment shall taDe effect until the commencement of the )ct.
/

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the words Qvested in himQ by the "chedule to the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. These words and figures were substituted for the words and figures Qe.cept those mentioned in $hapters %% and %%%Q by "ection :<, i%id( Transitional and transitory provisions. /. The original "ection /=/ was re-numbered as sub-section F G thereof and sub-section F2G was added by "ection 2= of the Tamil 'adu 0istrict . 7unicipalities FThird )mendmentG )ct, 4:2 FTamil 'adu )ct @@@?%%% of 4:2G, re-enacted permanently with specified modifications by "ection / of and the "chedule to, the Tamil 'adu ,e-enacting F'o.%%%G )ct, 4:3 FTamil 'adu )ct %@ of 4:3G. :. This word was substituted for the word Q(rovincialQ by the )daptation &rder of 4<0. <. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnment Q by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. C $ame into force on . 0. 420 vid& notification 'o. <4< - (age /=:, (art %-) of Fort "t. *eorge *azette dated 0th )ugust 420.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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',,% C854i51a5ce i5 899ice 89 7rese54 C?airma5 a50 C815cill8rs%# %n their application to the term of office and the election and appointment of $ouncillors and the $hairman elected or appointed for the first time after the commencement of this )ct, the provisions of this )ct shall be read subJect to the following modifications 5FaG The term of office of the $hairman and of the $ouncillors holding office, under the Tamil 'adu 0istrict 7unicipalities )ct, 33: FTamil 'adu )ct %? of 33:G, shall e.pire on such date or dates after the commencement of this )ct as the ["tate *overnment! shall determine and the ["tate *overnment! shall maDe appointments and cause arrangements for election to be made under this )ct so that the newly elected and appointed $ouncillors may come into office on the date fi.ed for the retirement of the former $ouncillors and the $hairman elected or appointed under this )ct on the date fi.ed for the retirement of the $hairman elected or appointed or &,#o99i8io under the Tamil 'adu 0istrict 7unicipalities )ct, 33: FTamil 'adu )ct %? of 33:G and until they so come into office the $hairman and the $ouncillors appointed or elected or &,#o99i8io under the Tamil 'adu 0istrict 7unicipalities )ct, 33: FTamil 'adu )ct %? of 33:G, shall have all the powers and be subJect to all the duties respectively of the $hairman and $ouncillors under this )ct N and FbG on or as soon as may be after the constitution of the $ouncil under this )ct, a

meeting shall be held on a day and at a time fi.ed by the $hairman, and if not held on that date shall be held on some subseHuent day fi.ed by the $hairman O *i+ for ascertainment by lot For if the ["tate *overnment! 2[so direct! otherwise than by lotG of one-third the number of elective seats to be vacated at noon on the first day of 'ovember 42 and of one-third more such seats to be vacated at noon on the first day of 'ovember 422 and the $ouncillors elected for the total number of seats so ascertained or the $ouncillors elected in their places in casual vacancies shall hold office until the first day of 'ovember 42 or the first day of 'ovember 422, as the case may be, and the remaining elected $ouncillors shall continue in office until the first day of 'ovember 42/ N and *ii+ for the election of a $hairman by those $ouncils on whom this privilege has been conferred by the ["tate *overnment!.

PPPPPPPPPPPPPPPPPPPPPPPPP . The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnment Q by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. 2. These words were substituted for the words Qso directsQ by the "chedule to the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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',-% Pr8ce01re 98r rec8<er= 89 arrears 89 4a6es, e4c%%3 )ll arrears of ta.es or other payments by way of composition for a ta. or due for e.penses or compensation or otherwise due to a 7unicipal $ouncil at the time this )ct comes into force may be recovered as though they had accrued under this )ct. @',.% S7ecial 7r8<isi85 i5 4?e case 89 5eAl= c85s4i414e0 a50 rec85s4i414e0 M15ici7al C815cil %3 F G 'otwithstanding anything contained in this )ct, when a 7unicipality is constituted for the first time, the 2["tate *overnment! may appoint a "pecial &fficer to e.ercise the powers, discharge the duties and perform the functions of the 7unicipal $ouncil / [and its $hairman and #.ecutive )uthority!.
F2G The "pecial &fficer shall cause arrangements for election to be made so that the newly elected :[CCC! $ouncillors may come into office on a day within si. months from the date of publication of the notification under sub-section F/G of "ection : declaring the area to be a 7unicipality. F/G The "pecial &fficer shall e.ercise the powers, discharge the duties and perform the

functions of the 7unicipal $ouncil until the $ouncil has been constituted. <[of the $hairman until a $hairman has been elected! =[by the $ouncil! 1[CCC! and of the #.ecutive )uthority until a $hairman has been elected =[by the $ouncil! or a commissioner has been appointed, as the case may be.!
1

[F:G CCC!

F<G3[The term of office of the :[CCC! $ouncillors or of the $ouncillors elected in their places at casual vacancies shall be 4[five years! beginning and e.piring at noon on such date as the "tate *overnment may, by notification, appoint in that behalf and different dates may be appointed for different 7unicipal $ouncils5!

PPPPPPPPPPPPPPPPPPPPPPPPP . This section was substituted for the original section by "ection := of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. The. words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnment Q by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for MM(rovincialE by the )daptation &rder of 4<0. /. These words were substituted for the word Q$hairmanQ by "ection 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. :. The words Q$hairman andQ added by Tamil 'adu )ct 2/ of 413 and omitted by Tamil 'adu )ct 3 of 200=.. <. These words were substituted for the words Qand of the $hairman until a $hairman has been elected by the $ouncilQ by i%id( =. "ubstituted for the words Runtil a $hairman has been electedS by ibid. 1. &mitted by Tamil 'adu )ct 2/ of 413. 3. This paragraph was substituted for the first paragraph by "ection /F/G FaG of the $hennai $ity 7unicipal $orporation and 0istrict 7unicipalities F)mendmentG )ct, 4=3 FTamil 'adu )ct 0 of 4=3G. 4. This words were substituted for the words Qthree yearsQ by "ection /1 F G FaG of the $hennai $ity 7unicipal $orporation and Tamil 'adu 0istrict 7unicipalities F)mendment and #.tension of term of officeG )ct, 41 FTamil 'adu )ct 22 of 41 G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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[CCC!
F=G The provisions of sub-sections F G to F<G shall apply save as otherwise provided in

this )ct and, so far as may be, to all cases of reconstitution of 7unicipal $ouncils 2[and to all cases where ordinary vacancies in-the office of /[CCC! $ouncillors have not been filled.!
F=G Where the number of seats on a 7unicipal $ouncil is increased by or in conseHuence of a notification under sub-section F G of "ection 1, the $ouncillors elected for the additional seats or the $ouncillors elected in their places at casual vacancies shall hold office until the date on which the $ouncillors elected to the original seats at the ordinary elections immediately preceding will vacate office.!

@',9% A0L10ica4i85 89 0is714es 2e4Aee5 l8cal a14?8ri4ies .O F G When a dispute e.ists between a $ouncil and one or more than one other local authority in regard to any matters arising under the provisions of this or any other )ct and the <["tate *overnment! are of opinion that the local authorities concerned are unable to settle it amicably among themselves, the <["tate *overnment! may taDe cognizance of the dispute, and
FaG decide it themselves, or FbG refer it for inHuiry and report to an arbitrator or a board of arbitrators, or to a 6oint $ommittee constituted under "ection 2= for the purpose.

F2G The report referred to in clause FbG of sub-section F G shall be submitted to the <["tate *overnment! who shall decide the dispute in such manner as they deem fit. [F/G )ny decision given, whether before or after this sub-section comes into force, under clause FaG of sub-section F G or under sub-section F2G 1[may, PPPPPPPPPPPPPPPPPPPPPPPPP . &mitted by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 44: FTamil 'adu )ct 2< of 44:G. 2. These words were added by "ection / F/G FbG of the $hennai $ity 7unicipal $orporation and 0istrict 7unicipalities F)mendmentG )ct, 4=3 FTamil 'adu )ct 0 of 4=3G. /. The words Q$hairman orQ %nserted by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 44: FTamil 'adu )ct 2< of 44:G and omitted by Tamil 'adu )ct 3 of 200=. :. This section was added by "ection :1 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. <. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnment Q by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. =. This sub-section was substituted for the original sub-section F/G by "ection / of the $hennai $ity 7unicipal 0istrict 7unicipalities and 9ocal 2oards F)mendmentG )ct 4: FTamil 'adu )ct ?%%% of 4: G, re-enacted permanently with specified modifications by "ection 2F2G of, and the "econd "chedule to, the Tamil 'adu ,e-enacting )ct, 4:4 FTamil 'adu )ct @ of 4:4G. 1. These words were substituted for the words Qmay be modifiedE by the "econd "chedule to the Tamil 'adu ,e-enacting )ct, 4:4 FTamil 'adu )ct @ of 4:4G.
=

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2-+

at the instance of the local authorities concerned, be modified!, from time to time, by the ["tate! *overnment in such manner as they deem fit, and any such decision with the modifications, if any, made therein under this sub-section, 2[may, at the instance of such local authorities, be cancelled! at any time by the ["tate! *overnment. )ny 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 Huestioned in any $ourt of 9aw.! [F:G The powers, of the ["tate! *overnment 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 e.ercisable with the concurrence of the $entral *overnment.! @'-0% Re9ere5ces 48 C?airma5 i5 84?er e5ac4me54s a50 584i9ica4i85s, e4c%, iss1e0 4?ere150er%3 F G )ny reference to the $hairman contained in any enactment in force in the < ["tate of Tamil 'adu! or in any notification, order, scheme, rule, form or by-law made under any such enactment and in force in the =[said "tate! shall where such reference relates to the e.ecutive functions of the $hairman be construed as a reference to the #.ecutive )uthority. F2G %f any Huestion arises as to whether any such reference relates to the e.ecutive functions of the $hairman or not, the decision of the 1["tate *overnment! shall be final.! [F/G )ny reference to the 4[Third *rade 7unicipality, Town (anchayat! contained in any enactment in force in the "tate of Tamil 'adu or in any notification, order scheme, rules, form or by-law made under any such enactment and in force in the said "tate shall be construed as a reference to the 4[Third *rade 7unicipality, Town (anchayat! constituted under this )ct.!
3 * /

PPPPPPPPPPPPPPPPPPPPPPPPP . This word was substituted for the word Q(rovincialQ by the )daptation &rder of 4<0. 2. This words were substituted for the words Rmay be cancelledQ by the "econd "chedule to the Tamil 'adu ,e-enacting )ct, 4:4 FTamil 'adu )ct @ of 4:4G. /. This sub-section was inserted by the )daptation &rder of 4/1. :. This section was inserted by "ection < of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. <. This e.pression was substituted for the e.pression Q(residency of 7adrasQ by the Tamil 'adu )daptation of 9aws &rder, 410, which was deemed to have come into force on the :th 6anuary 4=4. =. These words were substituted for the words Qsaid (residencyQ by paragraph : of, and the "chedule to, i%id( 1. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnment Q by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. 3. %nserted by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 44: FTamil 'adu )ct 2< of 44:G. 4. "ubstituted for the words Qtown (anchayatsE by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 200: FTamil 'adu )ct of 200:G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2-,

'-1% 1P8Aer 48 rem8<e 0i99ic1l4ies%# F G %f any difficulty arises in giving effect to the

provisions of this )ct, as amended by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 44: FTamil 'adu )ct 2< of 44:G, the "tate *overnment may, by an order published in the Tamil 'adu *overnment *azette, maDe such provisions, not inconsistent with the provisions of this )ct, as amended by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 44: FTamil 'adu )ct 2< of 44:G as appear to them to be necessary or e.pedient for removing the difficulty5 (rovided that no such order shall be made after the e.piry of two years from the date of commencement of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 44: FTamil 'adu )ct 2< of 44:G. F2G #very order made under sub-section F G shall, as soon as possible, after it is made, be placed on the table of the 9egislative )ssembly and if, before the e.piry of the session in which it is so placed or the ne.t session, the )ssembly maDes any modification in any such order or the )ssembly decides that the order should not be issued, the order shall, thereafter, have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without preJudice to the validity of anything previously done under that order.
'-2% Re7eal 89 cer4ai5 Ac4s %3 The 7ettur Township )ct, 4:0 FTamil 'adu )ct @% of

4:0G, the $ourtallam Township )ct, 4<: FTamil 'adu )ct @?% of 4<:G and the 2havanisagar Township )ct, 4<: FTamil 'adu )ct @@? of 4<:G are hereby repealed.
'-'% C85<ersi85 89 a T8A5s?i7 i548 a M15ici7ali4= 8r 2@T?ir0 &ra0e M15ici7ali4=E %

3 'otwithstanding anything contained in this )ct or any other law for the time being in force, the "tate *overnment may, by notification, direct that the local area constituting any Township shall from such date as may be specified therein Fhereinafter referred to as the specified dateG, be a 7unicipal area or a /[transitional area! and in respect thereof on and from such specified date, the following conseHuences shall ensue, namely, FaG the Township $ommittee of such area shall cease to e.ist or to functionN FaG there shall be constituted for the 7unicipal area a 7unicipality, or, as the case may be, for the (anchayat area 2[Third *rade 7unicipality, Town (anchayat! under the provisions of this )ct, as amended by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct 44: FTamil 'adu )ct 2< of 44:G N

PPPPPPPPPPPPPPPPPPPPPPPPP . "ections /1 to /1= were added by Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 44: FTamil 'adu )ct 2< of 44:G. 2. "ubstituted for the words Qtown (anchayatsE by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 200: FTamil 'adu )ct of 200:G. /. "ubstituted for the words Rpanchayat townS by ibid.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2--

FcG the une.pended balance of the fund and the property Fincluding arrears of rates,

ta.es and feesG belonging to the Township $ommittee and all rights and powers which prior to such notification, vested in the Township $ommittee shall, subJect to all charges and liabilities affecting the same, vest in the fund constituted for the 7unicipality or as the case may be, the [Third *rade 7unicipality, Town (anchayat! N
FcG any appointment, notification, notice, ta., order, scheme, licence, permission, rule, by-law, or form made, issued, imposed or granted under any law governing such township before the specified date in respect of such local area shall continue in force and be deemed to have been made, issued, imposed or granted in respect of the municipal area or (anchayat Town until it is superseded or modified by any appointment, notification, notice, ta., order, scheme, licence, by-law, or form made, issued, imposed or granted under this )ctN FdG all budget estimates, assessments, assessment lists, valuation or measurements

made, or authenticated under any law governing such townships immediately before the specified date in respect of such local area shall be deemed to have been made or authenticated in this )ct N
FdG all debts and obligations incurred and all contracts made by or on behalf of the

Township $ommittee before the specified date and subsisting on the specified date shall be deemed to have been incurred and made by the 7unicipality, or as the case may be, the [Third *rade 7unicipality, Town (anchayat!, in e.ercise of the powers conferred on it by this )ct N
FeG all officers and servants in the employment of the Township $ommittee immediately before the specified date shall be officers and servants of the 7unicipality, or as the case may, be the [Third *rade 7unicipality, Town (anchayat!, under this )ct, and shall until other provision is made in accordance with the provisions of this )ct, receive salaries and allowances and subJect to the conditions of service to which they were entitled or subJect immediately before such date 5

(rovided that it shall be competent to the 7unicipality or [Third *rade 7unicipality, Town (anchayat! subJect to the previous sanction of the "tate *overnment to discontinue the services of any officer or servant who, in its opinion, is not necessary or suitable to the reHuirements of the 7unicipality or [Third *rade 7unicipality, Town (anchayat! service after giving such officer or servant such notice as is reHuired to be given by the terms of his employment and every officer or servant whose services are discontinued, shall be entitled to such leave, pension, provident fund and gratuity as he would have been entitled to taDe or receive on being invalidated out of service as if the Township $ommittee in the employment of which he was, had not ceased to e.ist N

PPPPPPPPPPPPPPPPPPPPPPPPP . "ubstituted for the words Qtown (anchayatsE by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 200: FTamil 'adu )ct of 200:G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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FhG all proceedings pending immediately before the specified date before the Township . $ommittee shall be deemed to be transferred to and be continued before the 7unicipality or [Third *rade 7unicipality, Town (anchayat! N FhG all appeals pending immediately before the specified date before the Township $ommittee shall, so far as may be practicable, be disposed of as if such local area had been included in the 7unicipality or [Third *rade 7unicipality, Town (anchayat! when they were filed N

FJG all prosecutions instituted by or on behalf of the Township $ommittee and all suits or other legal proceedings instituted by or against such Township $ommittee or any officer of such Township $ommittee pending immediately before the specified date shall be continued by or against the 7unicipality or [Third *rade 7unicipality, Town (anchayat! as if such local area had been included in the municipal area or (anchayat town when such prosecutions, suits or proceedings were instituted.
'-*% P8Aers, a14?8ri4= a50 res785si2ili4ies 89 4?e M15ici7ali4ies %3 "ave as otherwise

provided in this )ct, the "tate *overnment may, by notification and subJect to such conditions and restrictions as may be specified therein, entrust to the 7unicipality, [Third *rade 7unicipality, Town (anchayat! the wards $ommittee or any other $ommittee constituted under this )ct with such powers and responsibilities with respect to the preparation of plans for economic development and social Justice and also with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matter listed in "chedule @.
'-+% Tra5si48r= 7r8<isi85%# F G 'otwithstanding anything contained in this )ct, or in any other law for the time being in force, the "tate *overnment may, by notification, if necessary, appoint special officers to e.ercise the powers and discharge the functions of the 7unicipalities or the [Third *rade 7unicipalities, Town (anchayat!, as the case may be, until the day on which the first meetings of the 7unicipal $ouncils are held after ordinary elections to the 7unicipalities and the [Third *rade 7unicipalities, Town (anchayats! after the date of commencement of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct 44: FTamil 'adu )ct 2< of 44:G.

[F2G The "pecial &fficers appointed under sub-section F G in respect of $ourtallam and 2havanisagar 7unicipalities and holding as such immediately before the /th day of )ugust 441, shall be deemed to have been appointed as "pecial &fficers under sub-section F G with effect on and from the /th day of )ugust 441 in respect of $ourtallam and 2havanisagar E [Third *rade

PPPPPPPPPPPPPPPPPPPPPPPPP . "ubstituted for the words Qtown (anchayatsE by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 200: FTamil 'adu )ct of 200:G. 2. "ubstituted by "ection 2 of the Tamil 'adu 0istrict 7unicipalities F"econd )mendmentG )ct, 441 FTamil 'adu )ct <1 of 441G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2-9

7unicipalities, Town (anchayat! and such "pecial &fficers shall continue to hold office up to the [/0th day of 6une 443! or for such shorter period as the "tate *overnment may, by notification, specify in this behalf.! PR VISI N N T INC RP RATED IN THE ACT @Vali0a4i85 89 4?i5;s 085e 8r ac4i85 4aDe5 2= 4?e S7ecial 99icers .- )nything done or any action taDen by the "pecial &fficers deemed to have been appointed under sub-section F2G of "ection /1< of the principal )ct, as amended by this )ct, on or after the /th day of )ugust 441 and before the /0th day of "eptember 441, shall, for all purposes, be deemed to be, and to have always been, validly done or taDen in accordance with law and shall not be liable to be Huestioned in any $ourt of law.!
'-,% S7ecial 7r8<isi85 i5 res7ec4 89 T?ir0 &ra0e M15ici7ali4ies a50 <ali0a4i85 %3
1

'otwithstanding the repeal of the Tamil 'adu (anchayats )ct, 4<3 FTamil 'adu )ct @@@? of 4<3G Fhereafter in this section referred to as the 4<3 )ctG, by the Tamil 'adu (anchayats )ct, 44: FTamil 'adu )ct 2 of 44:G, on and from the 22nd day of )pril 44:, the provisions of the 4<3 )ct in so far as they relate to Town (anchayats, shall be deemed never to have been repealed and to have been continued to be in force up to and inclusive of the date of commencement of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 44: FTamil 'adu )ct 2< of 44:G, and the "pecial &fficers appointed in respect of Town (anchayats under "ection / of the Tamil 'adu (anchayats and (anchayat >nion $ouncils F)ppointment of "pecial &fficersG )ct, 44 FTamil 'adu )ct < of 44 G, shall be deemed to have e.ercised the powers and performed the functions conferred under the said "ection /, for the period commencing on the 22nd day of )pril 44: and ending with the date of the commencement of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct 44: FTamil 'adu )ct 2< of 44:G, as if, in respect of Town (anchayats, the 4<3 )ct and this section had been in force at all material times, when such powers were e.ercised and functions were performed.

PPPPPPPPPPPPPPPPPPPPPPPPP . %nserted by "ection / of the Tamil 'adu 0istrict 7unicipalities F"econd )mendmentG )ct, 441 FTamil 'adu )ct <1 of 441G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

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SCHEDULE I% #')$T7#'T" ,#(#)9#0. *S&& section 2G Aear. F G 33: 341 344 401 404 4 / 'umber. F2G %? %%% % %% ? %%% "hort title. F/G The Tamil 'adu 0istrict 7unicipalities )ct, 33: The Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 341. The Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 344. The Tamil 'adu +ill 7unicipalities )ct, 401. The Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 404. The Tamil 'adu 0istrict 7unicipalities and 9ocal 2oards F)mendmentG )ct, 4 /. The [Tamil 'adu! 0ecentralization )ct, #.tent of repeal. F:G The whole. 0o. 0o. 0o. 0o. "ections 2, / and :. "o much of the schedule as relates to the Tamil 'adu 0istrict 7unicipalities )ct, 33:. The whole.

4 :

?%%%

4 =

%@

The Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4 =.

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q7adrasQ by the Tamil 'adu )daptation of 9aws &rder, 4=4, as amended by the QTamil 'adu )daptation of 9aws F"econd )mendmentG &rder, 4=4, which came into force on the :th 6anuary 4=4.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2.1

SCHEDULE II LIST ! HILL STATI NS -S&& section / F 0G! >dhagamandalam, the 'ilgiri 0istrict $oonoor, the 'ilgiri 0istrict 8odaiDanal, [7adurai 0istrict! C SCHEDULE III. RULES RE&ARDIN& PR CEEDIN&S *S&& section 2<G MODE OF TRANSACTING BUSINESS . The 7unicipal $ouncil shall provide an office and the $ouncil shall meet therein for the transaction of business at least once in every month, upon such days and at such times as it may arrange and also at other times as often as a meeting shall be called by the $hairman5
2

! THE C UNCIL

[(rovided that no meeting shall be held on a public holiday.

E'planation (B The e.pression Mpublic holidayE includes "unday and any other day declared by the /["tate *overnment!, by notification in the :[&fficial *azette!, to be a public holiday. [2. F G 'o meeting shall be held unless notice of the day and time when the meeting is to be held and of the business to be transacted thereat has been given at least three clear days before the day of the meeting. F2G %n cases of urgency, the $hairman may convene a meeting on giving shorter notice than that specified in sub-rule F G.!
<

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the words Q7adura 0istrictQ by section / of, and the "econd "chedule to, the Tamil 'adu ,epealing and )mending )ct of << FTamil 'adu )ct @@@?% of 4<<G. 2. This proviso and the #.planation were added by section :3 FiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. /. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnment Q by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. :. These words were substituted for the words QFort "t. *eorge *azetteQ by the )daptation &rder of 4/1. <. ,ule 2 was substituted for the original rule by section :3 FiiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. C 'ow, 0indugal district.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2.2

[F/G %n 7unicipalities in which there is a commissioner, the agenda for the meeting shall be prepared by the commissioner in consultation with the $hairman. The commissioner may include in the agenda any subJect which in his opinion should be considered by the $ouncil and shall include therein any subJect specified by the $hairman. &n any subJect included in the agenda, the $hairman as well as the commissioner shall have the right of recording his views in a note and such note shall be circulated to the $ouncillors or placed before the $ouncil before or at the time of the consideration of such subJect by the $ouncil.! [/. F G The $hairman shall, on the reHuisition in writing of not less than one-third of the members then on the $ouncil, convene a meeting of the $ouncil, provided that the reHuisition specifies the day Fnot being a public holiday as defined in the #.planation to rule F G when and the purpose for which the meeting is to be held. /[&nly urgent matters of local importance relating to municipal administration which cannot wait till the ne.t ordinary or urgent meeting shall be considered at special meetings and not more than one subJect shall be considered at such meetings.! The reHuisition shall be delivered at the municipal office during office hours to the $hairman, secretary, manager or any other person who may then be in charge of the office at least ten clear days before the day of the meeting. F2G %f the $hairman fails within forty-eight hours from the delivery of such reHuisition to call a meeting on the day specified therein, or within three days thereafter, the meeting may be called by the members who signed the reHuisition on giving the notice provided for in sub-rule F G of rule 2 to the other members of the $ouncil.!
:. )ll meetings of the $ouncil shall be open to the public N provided that the presiding
2

member may and at the reHuest of the $ouncil shall, in any particular case, for reasons to be recorded in the minute booD Dept under rule 4, direct that the public generally, or any particular person, shall withdraw.
:. )ll Huestions which may come before the $ouncil at any meeting shall be decided by a maJority of the members present and voting at the meeting and, in every case of eHuality of votes, the presiding member shall have :[and e.ercise! a second or casting vote.

PPPPPPPPPPPPPPPPPPPPPPPPP . This sub-rule was added by section 21 of the Tamil 'adu 0istrict 7unicipalities FThird )mendmentG )ct, 4:2 FTamil 'adu )ct @@@?%%% of 4:2G, re-enacted permanently with specified modification by section / of, and the "chedule to the Tamil 'adu ,eenacting F'o. G )ct, 4:3 FTamil 'adu )ct %@ of 4:3G. 2. ,ule / was substituted for the original rule by section :3 FiiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. /. This sentence was inserted by * 0. 7s. 'o. := , ,.0. and 9.)., dated the 4th 6une 4==. :. These words were inserted by section :3 FiiiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2.'

=. 'o business shall be transacted at a meeting unless there be present at least si.

members or, if the number of members then on the $ouncil e.ceeds si.teen, at least one-third of that number.
1. %f within half an hour after the time appointed for a meeting, a Huorum is not present, the meeting shall stand adJourned, unless all the members present agree to wait longer. 3. 'o resolution of the $ouncil shall be modified or cancelled within three months after the passing thereof e.cept at a meeting specially convened in that behalf and by a resolution of the $ouncil supported by [CCC! not less than one-half of the sanctioned number of members. =. 7inutes of the proceedings at each meeting of the $ouncil shall be drawn up and

entered in a booD to be Dept for that purpose N and shall be signed by the 2[presiding member! or in his absence by some one of the members present thereat N and the said minutes shall, at all reasonable times and without charge, be open at the municipal office to the inspection of any person who pays any ta. under this )ct in the 7unicipality. [ 0. Within three days of the date of the meeting, a copy of the minutes of the proceedings at such meeting in #nglish and in the language of the district, shall be forwarded by the $hairman to the $ollector of the district, and another copy to the :[0irector of 7unicipal )dministration! of 7unicipal $ouncils and 9ocal 2oards of the range in which the 7unicipality is situated. )n authenticated copy of the said minutes shall also be affi.ed to the notice board of the municipal office and relevant e.tracts of the said minutes shall be sent to the heads of departments of the <["tate! *overnment and to the superintending officers appointed under sub-section F G of section /3 for information and necessary action. The $hairman shall also immediately submit to the said $ollector any minute of dissent that may be forwarded to him within forty-eight hours of the meeting by any $ouncillor.!
/

PPPPPPPPPPPPPPPPPPPPPPPPP . The words Ethe votesL of were omitted by section :3 *iv+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. These words were substituted for the words Q$hairmanQ or the member who presided at such meetingQ by section :3 FvG, i%id( /. This rule was substituted for rule 0 by 9ocal )dministration 0epartment 'otification 'o. /03, dated the 2th )pril 4:/, published at page =: of (art -) of the Fort "t. *eorge *azette, dated the 21th )pril 4:/, re-enacted permanently by 9ocal )dministration 0epartment 'otification, dated the 2=th )pril 4:3, published at pages /4 to <3 of the ,ules "upplement of (art -) of the Fort "t. *eorge *azette, dated the 21th )pril 4:3. :. "ubstituted by Tamil 'adu )ct < of 431. <. This word was substituted for the word Q(rovincialQ by the )daptation &rder of 4<0.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2.*

. The [#.ecutive )uthority! shall have the custody of the proceedings and records of the $ouncil and may grant copies of any such proceedings and records on payment of such fees as the $ouncil may, by general or special order, determine. $opies shall be certified by the [#.ecutive )uthority! as provided in section 1= of the %ndian #vidence )ct, 312 F$entral )ct % of 312G and copies so certified may be used to prove the records of the $ouncil in the same manner as they may, under sub-section F<G of section 13 of the said )ct, be used to prove the proceedings of that body.

[ -). The committees constituted by the $ouncil under section 2/ as well as the committees constituted under the proviso to section =3 F G and under section 1/ shall meet in the office provided by the 7unicipal $ouncil under rule .!
2. The proceedings of every committee appointed by the $ouncil shall be recorded in

writing and submitted to the $ouncil.


/

[ /. CCC! SCHEDULE IV TA/ATI N AND !INANCE RULES (),T %. - T)@)T%&' ,>9#" -S&& "ection 2:! DEFINITION OF TAX . %n these rules Mta.E includes payment due by way of composition for a ta..
:

-PROVISIONS COMMON TO TAXES IN GENERAL=

[2. F G The [#.ecutive )uthority! shall prepare and Deep assessment booDs in such form as may be prescribed showing the persons and property liable to ta.ation under this )ct. F2G The assessment booDs and where detailed particulars relating to any assessment are Dept in separate records, the portion thereof containing such particulars shall be open at all reasonable times and without charge to inspection

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by section 1 F G . of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 2. This rule was inserted by 9ocal )dministration 0epartment 'otification 'o. 11<, dated the =th &ctober 4:2, published at page 300 of (art -) of the Fort "t. *eorge *azette, dated the /rd 'ovember 4:2, re-enacted permanently by 9ocal )dministration 0epartment 'otification, dated the 2=th )pril 4:3, published at pages /4 to <3 of the ,ules "upplement of (art -) of the Fort "t. *eorge *azette, dated the 21th )pril 4:3. /. This rule was omitted by section :3 FviG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. :. ,ules 2 to : and the heading thereto were substituted for the original by section :4 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2.+

by any person who pays any ta. to the 7unicipality or his authorised agent and such person or agent shall be entitled to taDe e.tracts free of charge, from the said booDs and records. F/G The account booDs of the $ouncil shall be open without charge to inspection by any person who pays any ta. to the 7unicipality or his authorised agent on a day or days in each month be fi.ed by the $ouncil.! [/. The 2[#.ecutive )uthority! shall, save as otherwise provided in this )ct, determine the ta. to which each property or person is liable 5 (rovided that in the case of ta.es payable by the 2[#.ecutive )uthority!, the original assessment shall be made by the /[,egional 0irector of 7unicipal )dministration!. [:. F G %f at any time it appears to the 2[#.ecutive )uthority! that any person or property has been inadeHuately assessed or inadvertently or improperly omitted from the assessment booDs relating to any ta., or that there is any clerical or arithmetical error in the said booDs, the 2[#.ecutive )uthority! /[may! amend the said booDs in such manner as it deems Just or necessary 5 (rovided that no such /[amendment in the said booDs shall be made! where it involves an increase in the assessment, unless the person concerned shall have been afforded a reasonable opportunity to show cause to the 2[#.ecutive )uthority! why the assessment booDs should not be amended as proposed. F2G "uch amendment shall be deemed to have taDen effect on the earliest date, either in the current half-year or in the two half-years immediately preceding it, on which the circumstances Justifying the amendment e.isted.! <. F G The 2[#.ecutive )uthority! shall give to every person maDing payment of a ta. a receipt therefor signed by him or by some person duly authorised by him in that behalf. F2G "uch receipt shall specify O
FaG the date of the grant thereof N FbG the name of the person to whom it is granted FcG the ta. in respect of which the payment has been made N FdG the period for which payment has been made N and FeG the amount paid.

PPPPPPPPPPPPPPPPPPPPPPPPP . ,ules 2 to : and the heading thereto were substituted for the original by section :4 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. These words were substituted for the word Q$hairmanQ by section 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. /. "ubstituted by Tamil 'adu )ct < of 431.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2.,

A##E##MENT O3 THE %$O%E$T* TA+ [=. The value of any land or building for purposes of the property ta. shall be determined by the 2[#.ecutive )uthority! 5 [(rovided that the value of any land or building, the ta. for which is payable by the #.ecutive )uthority shall be determined by the ,egional 0irector of 7unicipal )dministration!. [=-). The 0irector of 7unicipal )dministration may prescribe suitable guidelines for fi.ing the reasonable annual value of lands and buildings from time to time.! [1. The 2[#.ecutive )uthority! shall enter the annual or capital value of all lands and buildings determined by him and the ta. payable thereon in assessment booDs to be Dept for the purpose at the municipal office. "uch booDs shall record the following particulars, in so far as they can be ascertained, with regard to each assessable item 5O FaG the name of the owner N FbG the name of the occupier N FcG the designation, if any, of the item N FdG the name of the ward and street, if any, in which it is situated, and any survey or other number which it bears N FeG the annual or capital value, as the case may be N and FaG the amount of the ta. payable.! [3. F G The assessment booDs shall be completely revised by the 2[#.ecutive )uthority! once in every five years. [F -)G FaG 'otwithstanding anything contained in sub-rule F G, the "tate *overnment may, for sufficient cause, from time to time, by order O FiG postpone the general revision of assessment of booDs, FiiG stay any proceedings relating to the general revision of assessment booDs, for a period of one or more half-years at a time but not e.ceeding in any case seven half-years5 (rovieded that such postponement or stay shall not affect any subseHuent general revision of assessment booDs. FbG Where the stay is vacated or the period of stay e.pires, the "tate *overnment may direct that proceedings for the general revision of assessment booDs shall be either commenced de novo or continued from the stage at which such proceedings were stayed.! F2G The 2[#.ecutive )uthority! may amend the assessment booDs at any time between one general revision and another by inserting therein or removing therefrom any property or by altering the valuation of any property or the amount of ta. <[or subJect to any rules which the =["tate! *overnment
PPPPPPPPPPPPPPPPPPPPPPPPP . ,ules = to 2 were substituted for the original rules by section <0 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. This word was substituted for the word Q$hairmanQ by section 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. /. "ubstituted by Tamil 'adu )ct < of 431. :. %nserted by *.&.7s.'o. 2 7) V W" dated / . . 44<. <. These words were added by 9.). 0epart. 'otification 'o.2:/,0t. 0.0/.:2 published at page 2/: of (art -) of the Fort "t. *eorge *azette,0t. the / .0/.:2, re-enacted permanently with specified modifications by 9ocal )dministration 0epartment 'otification, dated the 2=.0:.:3, published at pages /4 to <3 o9 the ,ules "upplement of (art -) of the Fort "t. *eorge *azette, 0t. 21.0:.:3. =. This word was substituted for the word Q(rovincialQ by the )daptation &rder of 4<0. 1. This sub-rule was inserted by *.&.7s.'o. 4<4,,0V9) 0t. 0.03.== by *.&.7s.'o.<<< ,09) 0t.2=.0/.=4
1 : /

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2.-

may maDe in this behalf, by substituting therein for the name of the owner of any property, the name of any other person who has succeeded by transfer or otherwise to the ownership of the property.! "uch amendment shall be deemed to have taDen effect on the first day of the half-year in which it is made 5 (rovided that when the amendment is made in any half-year after the demand notice for that half-year has been issued, it shall have effect only from the succeeding half-year [e.cept where the fair rent of a building together with land appurtenant to it has been determined by the 2[$ontroller under the Tamil 'adu 2uildings F9ease and. ,ent $ontrolG )ct, 4:=/! 5 [(rovided further that the decision of the #.ecutive )uthority in any disputed case of transfer of ownership of a property shall not give the transferee a legal title to the property.! [4. When assessment booDs have been prepared for the first time and whenever a general revision of such booDs has been completed, the =[#.ecutive )uthority! shall give public notice stating that revision petitions will be considered if they reach the municipal office within a period of si.ty days from the date of such notice in the case of the *overnment, a railway administration or a company, and of thirty days from the said date in other cases. The notice shall be affi.ed to the notice board of the municipal office and on the same day be published in the 7unicipality by beat of drum 5!
1 < :

[(rovided that in every case where there is an enhancement in the assessment,

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were added by 9ocal )dministration 0epartment 'otification 'o. 2:/, dated the 0th 7arch 4:2 published at page 2/: of (art -) of the Fort "t. *eorge *azette, dated the / st 7arch 4:2, re-enacted permanently with specified modifications by 9ocal )dministration 0epartment 'otification, dated the 2=th )pril 4:3, published at pages /4 to <3 of the ,ules "upplement of (art -) of the Fort "t. *eorge *azette, dated the 21th )pril 4:3. 2. These words, bracDets and figures were substituted for the words and figures Q$ontroller under the 7adras +ouse ,ent $ontrol &rder, 4: Q by 9ocal )dministration 0epartment 'otification, dated the 2=th )pril 4:3, published at pages /4 to <3 of the ,ules "upplement to (art -) of the Fort "t. *eorge *azette, dated he 21th )pril 4:3. /. S&& now the Tamil 'adu 2uildings F9ease and ,ent $ontrolG )ct, 4=0 FTamil 'adu )ct 3 of 4=0G. :. This proviso was added by 9ocal )dministration 0epartment 'otification 'o. 2:/, dated the 0th march 4:2, published at page 2/: of (art -) of the Fort "t. *eorge *azette, dated the / st 7arch 4:2, re-enacted permanently with specified modifications by the 9ocal )dministration 0epartment 'otification, dated the 2=th )pril 4:3, published at pages /4 to <3 of the ,ules "upplement of (art -) of the Fort "t. *eorge *azette, dated the 21th )pril 4:3. <. ,ules = to 2 were substituted for the original rules by section <0 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. =. These words were substituted for the word Q$hairmanQ by section 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 1. These provisos were added by the 9ocal )dministration 0epartment 'otification 'o. <13, dated the =th 6une 4/4, published at pages :0 -:02 of (art -) of the Fort "t. *eorge *azette, dated the /th 6une 4/4.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2..

the #.ecutive )uthority shall also cause intimation thereof to be given by a special notice to be served on the owner or occupier of the property concerned5 (rovided further that, in every case where a special notice is reHuired to be served on the owner or occupier under the first proviso, the period of si.ty days and thirty days referred to in this rule shall be calculated from the date of service of such special notice.! [4-). F G 'otwithstanding anything contained in these rules, where there is an enhancement in the assessment of property ta. payable for the half-year commencing from the st &ctober 431 and the owner or occupier of the property concerned has been given a special notice about the enhancement of the property ta. payable by such owner or occupier, the said special notice shall be treated as modified to the e.tent specified below, namely 5FiG %n the case of buildings constructed after the st )pril 432, but before the st &ctober 431, the enhancement of property ta. shall not e.ceed fifty per centum of the property ta. payable immediately before the st, &ctober 431. *ii+ %n the case of buildings used for residential purposes O
FaG there shall be no enhancement of property ta. for thatched buildingsN FaG the enhancement of property ta. shall not e.ceed one hundred per centum of the

property ta. payable immediately before the st &ctober 431, if such building is wholly or partly occupied by the ownerN
FbG the enhancement of the property ta. shall not e.ceed two hundred per centum of the property ta. payable immediately before the st &ctober 431, if such building is wholly let out.

*iii+ %n the case of buildings used for non-residential purposes, the enhancement of property ta. shall not e.ceed three hundred per centum of the property ta. payable immediately before the st &ctober 431.
F2G 'otwithstanding anything contained in these rules, the revision petitions filed by the persons who have failed-to file revision petitions before the 24th &ctober 431 to reduce the ta. in response to the special notices enhancing the property ta. with effect on and from the st &ctober 431 during the period commencing from the 24th &ctober 431 and ending with the / st 7arch 433, shall, for all purposes, be deemed to be and to have always been, validly filed within the period referred to in rule 4. F2G The #.ecutive )uthority shall dispose of the revision petitions to reduce

PPPPPPPPPPPPPPPPPPPPPPPPP . ,ule 4-) was inserted by the Tamil 'adu 0istrict 7unicipalities FFourth )mendmentG )ct, 440 FTamil 'adu )ct /< of 440G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

2.9

the ta. already filed and those deemed to have been filed in terms of sub-rule F2G subJect to, and in accordance with, the provisions contained in sub-rule F G.! [ 0. %n every case in which between one general revision and another, the 2[#.ecutive )uthority! assesses any property for the first time or increases the assessment on any property otherwise than in conseHuence of a general enhancement of the rate at which the property ta. is leviable, the 2[#.ecutive )uthority! shall intimate by a special notice to the owner or occupier of such property that a petition for revising the assessment will be considered if it reaches the municipal office within si.ty days from the date of service of such notice in the case of the *overnment, a railway administration or a company, and within thirty days from the said date in other cases.! [
/

. CCC!

[ 2 'o petition under rule :[4 or 0! or shall be disposed of unless the petitioner has been given a reasonable opportunity to appear either in person or by authorised agent and to represent his case.! /. %mmediately after the disposal of a revision petition, the 2[#.ecutive )uthority! shall inform the petitioner or his authorised agent, either orally or in writing, of the orders passed thereon, shall direct him to pay the amount fi.ed on revision within fifteen days :[after the date of receipt of such intimation!, or if the amount is not yet due, within fifteen days from the date on which it becomes due, and shall, if necessary, cause the assessment booDs to be corrected. [ :. F G &n the establishment of a 7unicipality, assessments shall have effect from the date specified in the notification under section 30. [F2G ) special notice shall be served on the owner or occupier of a building in the 7unicipality during the period of the half year in which a general revision of property ta. is to be given effect to.! F/G )ny corrections in the assessment booDs made by the 2[#.ecutive )uthority! under rule / or 21 shall be deemed to have effect o the first day of the half year to which the assessment which was sought to be revised or which was appealed against relates.
= <

PPPPPPPPPPPPPPPPPPPPPPPPP . ,ules = to 2 were substituted for the original rules by section <0 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. These words were substituted for the word Q$hairmanQ by section 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. /. &mitted by *.&.7s.'o. 21 7) V W" dated 21.<. 444. /. )mended by i%id( :. These words were inserted by section < of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. <. ,ules : to 4 were substituted for the original rules by section <2, i%id( =. "ubstituted by *.&.7s.'o. 2:< 7) V W" dated 2 - 2- 443.

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290

E'planation .( The levy of a new class of property ta. or an enhancement in the rate at which any class of property ta. is leviable is no amendment or revision within the meaning of this rule, and shall have effect from the date fi.ed for the levy or enhancement.! [ <. The first payment of ta. shall, save as provided in rule /, be made with in thirty days of the date or day specified in rule :.! A##E##MENT O3 THE %$O3E##ION TA+= [ =. F G /[The classes into which companies and persons shall, for the purposes of assessment to the profession ta., be divided, and the ma.imum half-yearly ta. leviable on each class shall be as follow 5O Ma6im1m ?al9#=earl= 4a6% Rs% 2< 00 1< <0 2< 2 = : 2 !. Rs%
2

Class a50 ?al9-=earl= i5c8me, %. 7ore than ,s, <,000. %%. 7ore than ,s. 2,000 but not more than ,s. <,000. %%%. 7ore than ,s. 4,000 but not more than ,s. 2,000. %?. 7ore than ,s. =,000 but not more than ,s. 4,000. ?. 7ore than ,s. :,300 but not more than ,s. =,000. ?%. 7ore than ,s. /,000 but not more than ,s. :,300. ?%%. 7ore than ,s. ,300 but not more than ,s. /,000. ?%%%. 7ore than ,s. ,200 but not more than ,s. ,300. %@. 7ore than ,s. =00 but not more than ,s. ,200. @. 7ore than ,s. /00 but not more than ,s. =00.

PPPPPPPPPPPPPPPPPPPPPPPPP . ,ules : to 4 were substituted for the original rules by section <2 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. ,ules : to 4 were substituted for the original rules by section <2 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. /. This rule was substituted by 9ocal )dministration 0epartment 'otification, dated the 2th )pril 4<0, published at page <2 of the ,ules "upplement to (art -) of the Fort "t. *eorge *azette, dated the 3th )pril 4<0, for the rule = F G as substituted by 9ocal )dministration 0epartment 'otification 'o. <:, dated the 3th February 4:2, published at page <3 of (art Z-) of the Fort "t. *eorge *azette, dated the /rd 7arch 4:2, re-enacted permanently by 9ocal )dministration 0epartment 'otification, dated the 2=th )pril 4:3, published at pages /4 to <3 of the ,ules "upplement to (art -) of the Fort "t. *eorge *azette, dated the 21th )pril 4:3. C This heading and rules = to 4 relating to professional ta. were implied repealed after the enactment of Tamil 'adu )ct 2: of 442.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

291

F2G The $ouncil shall determine the ta. leviable on each class subJect to the ma.imum specified in sub-rule F G 5

(rovided that the proportion which the ta. on any class bears to the minimum income of that class shall, in no case, be smaller than the proportion which the ta. on any lower class bears to the minimum income of such lower class.
F/G The $ouncil may e.empt any one or more of the classes in sub-rule F G from liability to profession ta., but no class shall be e.empted from liability when any lower class is liable to ta..!

[ 1. ) company or person shall be deemed to have transacted business and a person shall be deemed to have e.ercised a profession, art, or calling or held an appointment within a 7unicipality, if such company or person has an office or place of employment within such 7unicipality.! [ 3. F G Where a company or person transacts any business other than money-lending in any half-year e.clusively in the area of a single 7unicipality, the income of such company or person from the transaction of such business shall, for the purpose of levying profession ta. under this )ct during the half-year, be deemed to be
FaG where income-ta. is assessed on such company or person under the %ndian %ncome-

ta. )ct, 422C F$entral )ct @% of 422G, for the year comprising the half-year, one half of the amount at which the profits and gains of such business are computed under section 0 of the %ndian %ncome-ta. )ct, 422C F$entral )ct @% of 422G, for the purpose of assessing the income-ta. N and
FbG where the amount for the said profits and gains is not ascertainable or where such company or person is not assessed to income-ta., such percentage or percentages as the 2 [ "tate *overnment! may, subJect to the approval of /[both :F+ousesG of the <F"tateG 9egislature!, determine, of the turnover of such business transacted in the area of the 7unicipality during the half-year or where this is also unascertainable during the corresponding half-year of the previous year.

F2G Where a company or person transacts any business other than money-lending partly in the area of a 7unicipality and partly outside such area, the

PPPPPPPPPPPPPPPPPPPPPPPPP . ,ules : to 4 were substituted for the original rules by section <2 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. M S&& now the %ncome-ta. )ct, 4= F$entral )ct :/ of 4= G. 2. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnment Q by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. /. These words were substituted for the words Qthe 9egislative $ouncilQ by the )daptation &rder of 4/1. :. This word was substituted for the word Q$hambersQ by the )daptation F)mendmentG &rder of 4<0. <. This word was substituted for the word Q(rovincialQ by the )daptation &rder of 4<0.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

292

income of such company or person from the transaction of such business in the area of the 7unicipality shall, for the purpose of levying profession-ta. under this )ct, be deemed to be the percentage referred to in clause FbG of sub-rule F G of the turnover of such business transacted in such area, during the half-year or the corresponding half-year of the previous year, as the case may be. F/G For the purposes of clause *%+ of sub-rule F G and sub-rule F2G, the turnover of business in any 7unicipality means the aggregate money value of the goods produced, manufactured, purchased or sold or of any other business e.cept money-lending transacted in such 7unicipality. E'planation .( %n determining the turnover of business under this sub-rule
FaG where the delivery of any goods on account of any purchase made by any company or person and the delivery on account of the sale thereof by the same company or person are both effected in the ["tate of Tamil 'adu!, only the latter transaction shall be taDen into accountN FbG where the delivery of any goods on account of any purchase made by any company

or person is effected in any place outside the 2[said "tate! and the delivery on account of the sale thereof by the same company or person is effected in any place in the 2[said "tate!, the latter transaction shall be taDen into account N and
FcG where the delivery of any goods on account of any purchase made by any company

or person is effected in any place in the 2[said "tate! and the delivery on account of the sale thereof by the same company or person is effected in any place outside the 2[said "tate!, the former transaction shall be taDen into account.! [ 4. F G %f, in the opinion of the :[#.ecutive )uthority!, profession ta. is <[or will be! due from any company or person for any half-year, he shall serve a notice on such company or person either in that half-year or in the succeeding half-year reHuiring the company or person to furnish within such period, not being less than thirty days as may be specified in the notice, a return in the prescribed form showing the income on the basis of which, according to such company or person, it or he is liable to be assessed to profession ta. for the halfPPPPPPPPPPPPPPPPPPPPPPPPP . This e.pression was substituted for the e.pression Q(residency of 7adrasQ by the Tamil 'adu )daptation of 9aws &rder, 410, which was deemed to have come into force on the :th 6anuary 4=4. 2. These words were substituted for the words Qsaid (residencyQ by i%id( /. ,ules : to 4 were substituted for the original rules by section <2 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. :. These words were substituted for the word Q$hairmanQ by section 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. <. These words were added by 9ocal )dministration 0epartment 'otification 'o. 04=, dated the <th &ctober 4/3, published at page =2< of (art -) of the Fort "t. *eorge *azette, dated the th &ctober 4/3.
/

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

29'

year in Huestion. Thereupon, it shall be open to such company or person to submit a return showing the income derived by it or him during the half-year for which profession ta. is claimed or for the corresponding half-year of the previous year and produce any evidence on which the company or person may rely in support of the return made. -E,KD1214io2 Where in pursuance of section 41, a statement regarding the income of a company or the salary or income of an employed person has been furnished to the #.ecutive )uthority, nothing in this sub-rule shall be deemed to reHuire that authority to serve a notice on such company or person.!
F2G %f a return is made as reHuired under sub-rule F G 2[or a statement regarding the
1

income or salary is furnished under section 41! and the /[#.ecutive )uthority! is satisfied that it is correct and complete, he shall levy the profession ta. from such company or person on the basis of :[such return or statement.! E'planation (B %n cases not falling under clause FbG of sub-rule F G or under sub-rule F2G of rule 3, if the company or person produces the notice of demand of income-ta. served on it or him under section 24 of the %ndian %ncome-ta. )ct, 422C F$entral )ct @% of 422G, for the year comprising the half-year in Huestion, the /[#.ecutive )uthority! shall be bound to taDe one-half of the income mentioned in such notice of demand as the income derived from the sources on which profession ta. is leviable under this )ct, as the income on the said sources for the purposes of levying profession ta.. F/G <[%f no return is made as reHuired under sub-rule F G or if no statement is furnished under section 41, or if the /[#.ecutive )uthority! is satisfied that any return so made or any statement so furnished! is incorrect or incomplete, the /[#.ecutive )uthority! shall assign to the company or person the class in the scale appropriate to the half-yearly income of such company or person as estimated by him. F:G The /[#.ecutive )uthority! may, when classifying any company or person under sub-rule F/G, do so on general considerations with reference to the nature and reputed value of the business transacted, the size and rental of

PPPPPPPPPPPPPPPPPPPPPPPPP . 2. /. :. <. This e.planation was added by rule F G issued in *&. 7s. 2=3, 9ocal )dministration, dated the 2=th February 4<:, published at page /: of the ,ules "upplement to (art -) of the Fort "t. *eorge *azette, dated the / st 7arch 4<:. These words and figures were inserted by rule F2G FaG, i%id( These words were substituted for the word Q$hairmanQ by section 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. These words were substituted for the words Qsuch returnQ by rule F2G FbG, i%id( C "ee now the %ncome-ta. )ct, 4= F$entral )ct :/ of 4= G. These words, bracDets and figures were substituted for the words, bracDets and figures Q%f no return is made as reHuired under sub-rule F G, or if the #.ecutive )uthority is satisfied that any return so madeQ by rule F/G, issued in *&. 7s. 2=3, 9ocal )dministration, dated the 2=th February 4<:, published at page /: of the ,ules "upplement to part -) of the Fort "t. *eorge *azette, dated the / st 7arch 4<:.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

29*

residential and business premises, the Huantity and number of articles dealt with, the number of persons employed and the income-ta. paid to *overnment. F<G The [#.ecutive )uthority! shall not be entitled to call for the accounts of any company or person.! MA+IMAM $ATE# O3 TA+ ON CA$$IA&E#. AND ANIMAL -S&& section 43! [20. FF G The ta. on carriages and animals shall be levied at rates not e.ceeding the following 5O Ta6 85 carria;es a50 a5imals% Ma6im1m ?al9-=earl= 4a6% Rs% <0 0
2

For #very tram-car. For #very four-wheeled vehicle with springs or other appliances acting as springs constructed to be drawn by one or more animals. For #very two-wheeled vehicle with springs or other appliances acting as springs constructed to be drawn by one or more animals. For #very bicycle or tricycle. For #very other vehicle with springs or other appliances acting as springs not being a childEs perambulator or go-cart. For #very elephant. For #very camel. For #very horse or mule not under 2 hands. For #very horse or mule under 2 hands. For #very bullocD or bull. For #very male buffalo. For #very ass. For #very dog. For #very pig. For #very goat.

< 2 / 2 = = 2

)". 3 3 3 3

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by section 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 2. This rule was substituted for the original rule by "chedule % to the Tamil 'adu 7otor ?ehicles Ta.ation )ct, 4/ FTamil 'adu )ct %%% of 4/ G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

29+

F2G %f within the half-year, a person replaces any carriage or animal by another carriage or animal falling under the same class in the table given in sub-rule F G, the said person, in case the replacement was due to the destruction of the carriage or the death of the animal and if he had possession, custody or control of the carriage or animal so replaced at the time of its destruction or death, shall not be liable to more than one payment of ta. and the amount of such payment shall be regulated by the aggregate number of day for which the carriage which has been destroyed or the animal which has died and the carriage or animal replacing such carriage or animal have been Dept during the half-year.! [2 .CCC!
2

[CCC! [22.CCC [22-). CCC! APPEALS


<

2 /

[2/. )n appeal shall lie to the [Ta.ation )ppeals $ommittee! in respect of the assessment and imposition of the following ta.es and of no others 5--FaG

assessments made by the <[,egional 0irector of 7unicipal )dministration! under

rule / N
=

[FaaG any order passed by the #.ecutive )uthority under rule : N!

FaG the proceedings of the E[#.ecutive )uthority! under rule 4N


3

[FcG the order of the #.ecutive )uthority under rule / upon a revision petition N and !

PPPPPPPPPPPPPPPPPPPPPPPPP . This rule was omitted by "chedule % to the Tamil 'adu 7otor ?ehicles Ta.ation )ct, 4/ FTamil 'adu )ct %%% of 4/ G. 2. This rule and the headings thereof were omitted by section << of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. /. This rule was omitted by section / FiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 410 FTamil 'adu )ct /0 of 410G. :. This rule was substituted for the original rule by section <= of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. <. "ubstituted by Tamil 'adu )ct < of 431. =. %nserted by Tamil 'adu )ct < of 431. 1. These words were substituted for the word Q$hairmanQ by section 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 3. This clause was inserted by section FiiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 410 FTamil 'adu )ct /0 of 410G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

29,

*d+ the imposition by the [#.ecutive )uthority! of any ta. on any carriage, animal, or cart, or of the ta. on servants.!
2

[2/-). CCC! [2:. CCC!

2<. )n :[appeal! shall be made in writing and shall set forth concisely and under distinct

heads the grounds of obJection to the decision or other proceedings appealed against.
2=. 'o appeal to the <[Ta.ation )ppeals $ommittee! shall be heard O

FaG =[unless it reached the municipal. office! O FiG within fifteen days from the service 1[CCC! of the notice 3[CCC! referred to in sections 4< and 02 N or FiiG within fifteen days from the date upon which the ta. becomes payable under section 3= or 0< or 4[under rule / or <! N or *iii+ within three days from the service of the notice referred to in section 03 (rovided that the 0[Ta.ation )ppeals $ommittee! may admit an appeal within fifteen days after the time prescribed in this rule, if cause be shown to its satisfaction for not preferring it within the prescribed time N and PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by section 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 2. This rule was omitted by section / *iii+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 410 FTamil 'adu )ct /0 of 410G. /. This rule was omitted by Tamil 'adu )ct < of 431. :. This word was substituted for the words, figures and letters Qappeal under rule 22-), 2/ or 2/) by section / FivG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 410 FTamil 'adu )ct /0 of 410G. <. "ubstituted by Tamil 'adu )ct < of 431. =. These words were substituted for the words Qunless it be presented at the 7unicipal &fficeQ by 9ocal )dministration 0epartment 'otification 'o. </4, dated the 0th 7ay 4: , published at page /:= of (art -) of the Fort "t. *eorge *azette, dated the 20th 7ay 4: , re-enacted permanently by 9ocal )dministration 0epartment 'otification, dated the 2=th )pril 4:3, published at pages /4 to <3 of the ,ules "upplement of (art ) of the Fort "t. *eorge *azette, dated the-21th )pril 4:3. 1. The words Qor sendingQ were omitted by section <1 FiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 3. The words Qor tableQ were omitted by i%id( 4. These words and figures were substituted for the words and figures Qunder rule <Q by 9ocal )dministration 0epartment 'otification 'o. =/0, dated the 3th )ugust 4:2, published at page =30 of (art -) of the Fort "t. *eorge *azette, dated the 3th "eptember 4:2, re-enacted permanently by 9ocal )dministration 0epartment 'otification, dated the 2=th )pril 4:3, published at pages /4 to <3 of the ,ules "upplement to (art -) of the Fort "t. *eorge *azette, dated the 21th )pril 4:3. 0. "ubstituted by Tamil 'adu )ct < of 431.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

29-

*%+ unless [Fe.cept when the #.ecutive )uthority otherwise directs on the ground of poverty in respect of any ta. other than the property ta. levied under clause *1+ of sub-section F G of section 13G!, the ta. in respect of which the appeal is presented has been deposited at the municipal office 2[within the period specified in sub-clause FiG, *ii+ or *iii+ of clause FaG, as the case may be, or where an appeal is presented for admission under the proviso to the said clause! on or before the day upon which the appeal is presented. [2=-). 'otwithstanding anything to the contrary contained in rules /, < and 2=, in the case of any person preferring an appeal to the $ouncil in respect of any order of the #.ecutive )uthority under rule /, upon a revision petition 5FaG if the ta. assessed upon such person does not e.ceed fifteen rupees, then, such person shall not be reHuired to pay the ta. in respect of which the appeal is preferred until the disposal of such appeal by the $ouncil N and FbG if the ta. assessed upon such person e.ceeds fifteen rupees but does not e.ceed thirty rupees, then, such person shall be reHuired to pay only the ta. payable by him before the revision made under rule 3 N and such person shall not be reHuired to pay the amount of ta. enhanced in the revision in respect of which the appeal is preferred until the disposal of such appeal by the Ta.ation )ppeals $ommittee.!
/

[2=-2. )ny appeal against the decision of the Ta.ation )ppeals $ommittee may be filed within thirty days from the date of receipt of the order of the Ta.ation )ppeals $ommittee in the 0istrict $ourt concerned.! The assessment booDs maintained under <[sub-rule F G of rule 2! shall be corrected in accordance with the =[decision of the Ta.ation )ppeals $ommittee and!N in the event of the amount of any ta. being 1[reduced or remitted by the said committee!, the 3[#.ecutive )uthority! shall grant a refund accordingly.
21.

PPPPPPPPPPPPPPPPPPPPPPPPP . This e.pression was substituted for the e.pression QFe.cept when the #.ecutive )uthority otherwise directs on the ground of povertyG by section / FvG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 410 FTamil 'adu )ct /0 of 410G. 2. This e.pression was inserted by section <1 FiiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 410 FTamil 'adu )ct /0 of 410G. /. This rule was inserted by section / FviG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 410 FTamil 'adu )ct /0 of 410G. :. %nserted by *.&.7s.'o. 21 7) V W" dated 21-<- 444. <. These words and figures were substituted for the word and figure Qrule /Q by section <3 FiG of Tamil 'adu )ct @ of 4/0. =. These words and figures were substituted for the words, figures and letters Qorders passed under rule 22-), 2/, 2/-), or 2:Q by section / FviiG FaG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 410 FTamil 'adu )ct /0 of 410G. 1. These words were substituted for the words Qreduced or remitted by any officer appointed by the 0istrict $ollector in this behalf or the $ouncilQ by section / FviiG FbG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 410 FTamil 'adu )ct /0 of 410G. 3. These words were substituted for the word Q$hairmanQ by section 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

29.

[23. CCC! [23-). /F G The powers of the #.ecutive )uthority under rule : and of the Ta.ation )ppeals $ommittee under rule 2/ shall, during any period in respect of which the "tate *overnment may, by notification, so direct,. be e.ercised by a special officer appointed by them N and thereupon, the #.ecutiveX )uthority, or as the case may be, the Ta.ation )ppeals $ommittee, shall cease to e.ercise the said powers during the said period, and
FiG rule : shall have effect as if for the e.pression #.ecutive )uthorityQ occurring
2

therein, the e.pression Qspecial officer appointed under rule 23-)Q were substituted N
FiG rule 2/, rules 2< to 23 shall have effect as if for the e.pression QTa.ation )ppeals $ommitteeQ wherever it occurs in those rules, the e.pression Qspecial officer appointed under rule 23-)Q were substituted. F2G The special officer appointed under sub-rule F G shall have all the powers of the

#.ecutive )uthority under rule : and clause FbG of rule 2= and of the Ta.ation )ppeals $ommittee under rule 2/, rules 2< to 23, as are necessary for the purpose of e.ercising his powers under the said sub-rule and he shall be entitled to the same protection as the #.ecutive )uthority, or the Ta.ation )ppeals $ommittee, as the case may be, is entitled.!
F/G The special officer shall be paid out of the municipal fund such salary and allowances as the :["tate *overnment! may, in consultation with the $ouncil, fi.. %f a *overnment servant is appointed special officer, the $ouncil shall also <[maDe such contribution towards the pension and leave allowances of that servant as may be reHuired, by the conditions of his service under the =[*overnment! to be made by him or on his behalf!. COLLECTION OF TAXES ["ee section 2:! 24.1[F G Where any ta. not being a ta. in respect of which a notice has to be served under section 4<, 02 or 03 or in respect of which a direction has

PPPPPPPPPPPPPPPPPPPPPPPPP . 2. /. :. &mitted in *.&.7s.'o. 21 7) V W" dated 21-<- 444. ,ule 23-) was inserted by section <4 F2G of Tamil 'adu )ct @ of 4/0. "ubstituted by Tamil 'adu )ct < of 431. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnment Q by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. <. These words were substituted for the words Qpay the 9ocal *overnment such contribution towards the pension and leave allowances of such servant as may be payable under the regulations in force for the time being of the branch of *overnment service to which he belongsQ by the )daptation &rder of 4/1. =. This words was substituted for the word Q$rownQ by the )daptation &rder of 4<0. 1. This sub-rule was substituted for the original sub-rule by section = FiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

299

to be given under rule /, is due from any person, the E [#.ecutive )uthority! shall serve upon such person a bill for the sum due before he proceeds to enforce the provisions of rule /0.! F2G 2[) notice under section 4<, 02 or 03 and a bill under sub-rule F G shall be signed by the [#.ecutive )uthority! and shall contain
FaG a statement of the period and a description of the occupation, property or thing for which the ta. is charged N and FaG a notice of the liability incurred in default of payment.

[F/G Where a notice, bill or direction referred to in sub-rule F G has not been served or given either- in the half-year in which the ta. became due or in the succeeding half-year, the ta. for the half-year first mentioned in this sub-rule :Fshall not be recovered in the manner laid down in rule /0G! 5 (rovided that where the assessment booDs have been amended under rule :, the notice, bill or direction, as the case may be, may be given either in the half-year in which the amendment was made or in the succeeding half-year.! [F:G 'othing contained in this rule or in rule /0 shall preclude the $ouncil from suing in a $ivil $ourt for any ta. due to it under this )ct.! /0F G %f the amount due on account of any ta. is not paid within fifteen days from the service =F...G of the notice 1F...G or bill or the giving of the directions referred to in section 4< and 02 and rules / and 24 or within three days from the service of the notice referred to in section 03 and if the person from whom the ta. is due has not show cause to the satisfaction of the F#.ecutive )uthorityG PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by section 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 2. This words and figures were substituted for the words Q"uch billQE by section = *ii+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. /. This sub-rule was inserted by section 1 *iii+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. :. These words and figures were substituted for the words Qshall not be demandedQ by 9ocal )dministration 0epartment 'otification 'o. 1/<, dated the 2<th 6une 4:0, published at page :/2 of (art -) of the Fort "t. *eorge *azette, dated the 2nd 6uly 4:0, re-enacted permanently by 9ocal )dministration 0epartment 'otification, dated the 2=th )pril 4:3, published at pages /4 to <3 of the ,ules "upplement to (art -) of the Fort "t. *eorge *azette, dated the 21th )pril 4:3. <. This sub-rule was added by 9ocal )dministration 0epartment 'otification 'o. 1/<, dated the 2<th 6une 4:0, published at page :/2 of (art -) of the Fort "t. *eorge *azette, dated the 2nd 6uly 4:0, re-enacted permanently by 9ocal )dministration 0epartment 'otification, dated the 2=th )pril 4:3, published at pages /4 to <3 of the ,ules "upplement to (art -) of the Fort "t. *eorge *azette, dated the 21th )pril 4:3. =. The words Qor sendingQ were omitted by section =2 *i+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 1. The word QtableQ was omitted by i%id(
<

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

'00

why it should not be paid, the [#.ecutive )uthority! may recover by distraint under his warrant and sale of the movable property of the defaulter, the amount due on account of the ta. together with the warrant fee and the distraint fee, and with such further sum as will satisfy the probable charges that will be incurred in conne.ionP with the detention and sale of the property so distrained 5 (rovided always that movable property described in the proviso to section =0 of the $ode of $ivil (rocedure, 403 F$entral )ct ? of 403G, shall not be liable to distraint. F2G %f for any reason the distraint, or a sufficient distraint, of the defaulterEs property is impracticable, the [#.ecutive )uthority! may prosecute the defaulter before a magistrate. F/G2[CCC!
F:G The warrant under sub-rule F G shall be in the form contained in )ppendi. ) to these rules or in some similar form N and for each such warrant, a fee of two annas /[shall be levied!. F<G >nder a special order in writing of the [#.ecutive )uthority!, any officer charged with e.ecution of a warrant of distress may, between sunrise and sunset, breaD open any outer or inner door or window of building in order to maDe the distress, if he has reasonable ground for believing that such building contains property which is liable to seizure, and if, after notifying his authority and purpose and duly demanding admittance, he cannot otherwise obtain admittance5

(rovided that such officer shall not enter or breaD open the door of any apartment appropriated to women, until he has given three hoursE notice of his intention and has given such women an opportunity to withdraw. / . F G The officer charged with the e.ecution of a warrant, shall, before maDing the distraint, demand payment of the ta. due and the warrant fee. %f the ta. and fee are paid, no distraint shall be made, :[but if the ta. or fee is not paid,! the officer shall O

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by section 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 2. "ub-rule F/G was omitted by 9ocal )dministration 0epartment 'otification 'o. 1/<, dated the 2<th 6une 4:0, published at page :/2 of (art -) of the Fort "t. *eorge *azette, dated the 2nd 6uly 4:0, re-enacted permanently by 9ocal )dministration 0epartment 'otification, dated the 2=th )pril 4:3, published at pages /4 to <3 of the ,ules "upplement to (art -) of the Fort "t. *eorge *azette, dated the 21th )pril 4:3. /. These words were substituted for the words Qshall be leviableQ by section =2 *iii+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. :. These words were substituted for the words Qbut, if notQ by section =/ FiG FaG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

'01

*1+ seize such movable property of the defaulter as he may thinD necessary N
FbG maDe an inventory of the property seized N and FcG give to the person in possession of the property seized at the time of seizure a copy of the inventory and the notice of sale in the form in )ppendi. 2 to these rules or in some similar form 5

[(rovided that a period of seven days shall be allowed for paying the amount due and redeeming the property seized.! F2G The distress shall not be e.cessive, that is to say, the property distrained shall be as nearly as possible 2[eHual in value to the ta.!, due by the defaulter together with all e.penses incidental to the warrant, distraint, detention and sale. /2. F G %f the amount due by the defaulter on account of the ta., the warrant fee and distraint fee and the e.penses incidental to the detention of the property are not paid within the period of seven days mentioned in the notice given under rule / and if the distraint warrant is not suspended by the /[#.ecutive )uthority!, the property seized or a sufficient portion thereof shall be sold by public auction under the orders of the /[#.ecutive )uthority!, who shall apply the proceeds of the sale to the payment of the amount due on account of the ta., the warrant fee and the distraint fee and the e.penses incidental to the detention and sale of the property, and shall return to the person in whose possession the property was at the time of seizure any property or sum which may remain after the sale and the application of the proceeds thereof as aforesaid. %f the proceeds of the sale are insufficient for the payment of the amount due on account of the ta., the warrant fee and distraint fee and the e.penses incidental to the detention and sale of the property, the /[#.ecutive )uthority! may again proceed under rule /0 in respect of the sum remaining unpaid.
F2G When the property seized is subJect to speedy and natural decay, the /[#.ecutive

)uthority! may sell it, at any time before the e.piry of the said period of seven days, unless the amount due is sooner paid.
F2G The /[#.ecutive )uthority! shall consider any obJections to the distraint of any

property which are made within the said period of seven days and may postpone the sale pending investigation thereof. %f the /[#.ecutive )uthority! PPPPPPPPPPPPPPPPPPPPPPPPP . This proviso was added by section =/ *i+ *%+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. These words were substituted for the words Qproportionate in value to the sumQ by section =/ *ii+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. /. These words were substituted for the word Q$hairmanQ by section 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

'02

decided that the property attached was not liable to distraint, he shall return it, or if it has already been sold, the proceeds of the sale to the person appearing to be entitled thereto and may again proceed under rule /0 N and all fees and e.penses connected with the first distraint and sale shall be recoverable from the defaulter if it shall appear to the [#.ecutive )uthority! that he wilfully permitted the distraint of the property 2[when to his Dnowledge it was not liable! to distraint.
//. F G 0istraint fees shall be payable at such rates not e.ceeding those mentioned in )ppendi. $ to these rules as may be, from time to time, determined by the $ouncil.

F2G "uch fees shall not be held to include the e.penses incidental to the detention of any property distrained under this )ct.
//. The property of a person in default under /[sub-rule F G of rule /0! may be distrained

wherever it may be found within the 7unicipality.


/:. %f the ta. due on account of any building or land :[remains unpaid in whole or in part

at the end of the period specified in sub-rule F G of rule /0!, the [#.ecutive )uthority! may, if the said ta. has not remained unpaid for more than twelve months, reHuire the occupier for the time being of such building or land to pay the amount within a specified period <[not being less than fifteen days! and if the occupier fails to comply with =[such reHuisition!, /[the #.ecutive )uthority! may distrain and sell any movable property 1[found on the building or land!, and the provisions of the foregoing rules shall, 0A414i3 0A412di3' apply to all distraints and sales effected under this rule5 provided that no occupier shall be liable to prosecution or to a civil suit in respect of any sum recoverable from him under this rule, unless he has wilfully prevented distraint or a sufficient distraint. [/<-). %f any ta. due from any person remains unpaid in whole or in part at the end of the period specified in sub-rule F G of rule /0 and if such person has left 4[CCC! %ndia or cannot be found, the said ta. or such part thereof as
3

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q$hairmanQ by section 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. 2. These words were substituted for the words Qwhich to his Dnowledge was not liableQ by section =: of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. /. These words and figures were substituted for the word and figures, Qrule /0Q by section =< FiG FaG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. :. These words, bracDets and figures were substituted for the words and figures Qremain unpaid at the end of the period mentioned in rule /0Q by section == F G i%id( <. These words were inserted by section == FiiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. =. These words were substituted for the words Qthis reHuisitionQ by section == FiiiG, i%id( 1. These words were substituted for the words Qfound on the premisesQ by section == FivG, i%id( 3. This rule was inserted by section =1, i%id( 4. The words Q2ritishQ was omitted by the )daptation F)mendmentG &rder of 4<0.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

'0'

remains unpaid together with all sums payable in conne.ion therewith shall be recoverable as if it were an arrear of land revenue.! /=. [F G! #very person who is prosecuted 2[under sub-rule F2G of rule /0! shall be liable, on proof to the satisfaction of the magistrate that he wilfully omitted to pay the amount due by him or that he wilfully prevented distraint or a sufficient distraint, to pay a fine not e.ceeding twice the amount which may be due by him on account of O
FaG the ta. and the warrant fee, if any, and FbG if distraint has taDen place, the distraint fee and the e.penses incidental to the detention and sale, if any, of the property distrained /[CCC!.
:

[FcG CCC!

[F2G Whenever any person is convicted of an offence under sub-rule F G, the magistrate shall, in addition to any fine which may be imposed, recover summarily and pay over to the 7unicipal $ouncil O the amounts, if any, due under the heads specified in clauses *1+ and *%+ of sub-rule F G N and may in his discretion also recover summarily and pay to the $ouncil such amount, if any, as he may fi. as the costs of the prosecution.! [/=-). 'either the1[#.ecutive )uthority! nor any municipal officer or servant shall directly or indirectly purchase any property at any sale of distrained property held under the foregoing rules.! PART II # !INANCE RULES% -S&& "ection 2:! AUTHO$I#ED O5>ECT# O3 E+%ENDITU$E. /1. The purposes to which the municipal fund may be applied include all obJects e.pressly declared obligatory or discretionary by by-laws or rules, and in general everything necessary for, or conducive to the safety, health, convenience or education of the inhabitants or to the amenities of the 7unicipality and PPPPPPPPPPPPPPPPPPPPPPPPP . ,ule /= was re-numbered as sub-rule F G of that rule by section =3 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. These words and figures were substituted for the words and figures, Qunder rule /0Q by section =3 F G FiiG, i%id( /. The words Qand he shall also pay the said amount and the costs of the prosecutionQ were omitted by section =3 F G FiiiG, of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. :. $lause FcG was omitted by section =3 F G FiiiG, i%id( <. This sub-rule was added by section =3 F2G, i%id( =. This 7AD& was inserted by section =4, i%id( 1. These words were substituted for the word Q$hairmanQ by section 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.
=

<

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

'0*

everything incidental to the administration N and the fund shall be applicable thereto within the 7unicipality subJect to these rules and such further rules or special orders as the ["tate *overnment! may prescribe or issue N and shall be applicable thereto without the 7unicipality, if the e.penditure is authorised by this )ct, or specially sanctioned by the ["tate *overnment!. /3. The obJects of e.penditure connected with the public safety include the following 5 O
FaG the lighting of public streets and the provision, purchase, e.ploitation and

maintenance of electric, gas or other undertaDings for lighting public and private streets, places and buildings N
FbG e.tinction of fires N. FcG control, supervision or removal of dangerous places, buildings, trades and practices N FdG regulation of traffic N FeG prevention and removal of obstructions in public streets or places N

F9+ the giving of relief and the establishment and maintenance of relief worDs in time of famine or scarcity. /4. The obJects of e.penditure connected with the public health include the following 5 O *1+ the construction and maintenance of hospitals and dispensaries and temporary places of reception within the 7unicipality or without the 7unicipality for the treatment of infectious diseases occurring in the 7unicipality N building hospitals and dispensaries and places of reception for the sicD in general N contributing towards hospitals, dispensaries or places of reception provided by the ["tate *overnment!N contracting for the use of a hospital or part of a hospital, dispensary or place of reception N combining with any other local authority or with the [ "tate *overnment! to provide a common hospital, dispensary or place of reception N sending indigent inhabitants of the 7unicipality to institutions outside the 7unicipality for treatment N the training of medical practitioners, medical subordinates, midwives, nurses, health officers, sanitary inspectors and analysts, the-provision of nurses for attendance on patients suffering from infectious diseases at the houses of such persons N vaccination and the training and supervision of vaccinators and the provision of lymph N the registration of births, deaths and marriages N the enumeration of the inhabitants of the 7unicipality and other measures of a liDe nature N

PPPPPPPPPPPPPPPPPPPPPPPPP . The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

'0+

FbG the construction and maintenance of lunatic asylums


FcG the construction, establishment and maintenance, supervision and control of public

marDets and slaughter-houses N [of shops, stalls and plinths!N of latrines N C[of sewage farms and all worDs for the removal or disposal of sewage N of water-worDs, drinDing fountains, tanDs and wellsN! of wash-houses and dhobyDhanas N of parDs, sHuares and gardens N the reclamation of unhealthy localities N and other sanitary measures of a liDe nature N
FcG the cleansing and watering of streets and drains, scavenging N the removal of e.cessive or no.ious vegetation N the abatement of all nuisances N FdG the regulation and control of offensive or dangerous trades, of unhealthy buildings or localities, and of burial and burning grounds and crematoria N the provision of sites for and the closing of burial and burning grounds N the provision of new sites for offensive and dangerous trades and of special locations for factories N the acHuisition of congested areas and the provision of new sites, whether within or without municipal limits, to relieve congestion or to provide for the growth of population N improvement and reclamation of land, planning, surveying and control of town e.tensions, whether within or without municipal limits, redistribution of sites in such e.tensions and all measures of a liDe nature 2[and the acHuisition of land for any of the aforesaid purposes!.

:0. The obJects of e.penditure connected with the public convenience, education and amenities include FaG the construction, maintenance, diversion and improvement of streets, bridges, causeways, culverts and the liDe and the acHuisition of the land necessary for the buildings to form or improve streets N the regulation of building N the construction of model dwellings and the encouragement of co-operative building societies by loans, grants of land, or prizes N the removal of proJections and encroachments N the naming of streets N the numbering of houses N the planting and preservation of trees in public streets and places N the maintenance of public monuments FbG subJect to rules :1 to <2, the establishment and maintenance of schools, the construction and maintenance of school-houses, public libraries and reading-rooms, museums, art-galleries, gymnasia or any other institutions connected with the diffusion of mental or physical culture or technical instruction or the training of teachers

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were inserted by section 10 FiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @? of 4/0G. C "ubstituted by Tamil 'adu )ct 23 of 413. 2. These words were added by section 10 *ii+ *1+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

'0,

FcG the holding of industrial e.hibitions or fairs N FdG the construction, maintenance and adornment of public halls and theatres the acHuisition and maintenance of recreation grounds, playing fields and promenades FcG subJect to all provisions of law, the construction, maintenance and purchase or e.ploitation of tramways and other transport, services Frailways not includedG, of telephone systems, grass farms, dairies, public baDeries and [other agricultural, industrial or trading concerns! of public utility either within or without the municipal limits and whether or not in combination with other authorities or persons, and subscription to debenture loans of any such concerns N FcG the employment of veterinary officers, the prevention of diseases of animals, the

places for the treatment of sicD animals, and the prevention of cruelty to animalsN
FdG the construction and maintenance of rest-houses, choultries, poorhouses, pounds

and other worDs of public utilityN


FeG the provision and maintenance or holding of zoological and horticultural gardens and e.hibitions N FfG the provision of standard weights, scales and measures and public weighing places N FeG the provision and maintenance of public baths and bathing placesN FfG the provision of music for the people N

F G the provision and maintenance of public clocDs and clocD towers or a time gun N FmG the organisation and maintenance of associations for the prevention of Juvenile smoDing and cruelty to children. : . With the previous sanction of the 2["tate *overnment and of the $entral *overnment!, the $ouncil may O FaG upon any of the public streets in the town or upon any land in or without the town which is vested in the $ouncil construct or maintain any railway which may appear to the $ouncil to be useful or necessary for the removal of rubbish and offensive matter or for any of the other purposes of this )ct N

PPPPPPPPPPPPPPPPPPPPPPPPP These words were substituted for the words Qother industrial concernsQ by section 1 , of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. The words Q(rovincial *overnment and of the Fedeal ,ailway )uthority or the $entral *overnmentQ were substituted for the words Q*overnor-*eneral in $ouncilQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0 and the words Qthe Federal ,ailway )uthority orQ were omitted by the )daptation F)mendmentG &rder, 4<0. .

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

'0-

FbG use and employ upon any such railway locomotive engines or other motive power and carriages and wagons to be drawn or propelled thereby N FcG carry and convey passengers and goods upon any such railway N FdG maDe such reasonable charges in respect of such passengers or goods as the $ouncil may, from time to time, determine N

FfG from time to time, enter into any contract with any person for the passage over any such railway of locomotive engines or other motive power, carriages all wagons belonging to or controlled by such person upon the payment of such tolls or rent, and under such -conditions and restrictions, as may be mutually agreed upon N and *>+ lease any such railway to any person upon such terms and under such conditions and restrictions as may be mutually agreed upon. '&T# .O The term ErailwaysE in this rule does not include EtramwaysE :2. The obJects of e.penditure incidental to the administration include
FaG the provision and maintenance of a principal municipal office and record-room and of other offices with the cost of appurtenances and fittings and insurance N FaG salaries, allowances, liveries, pensioner contributions and provident fund

contributions, gratuities, and pensions of, and the cost of hire of vehicles for, the municipal officers and servants N study leave allowances of professional officers and subordinates N sending municipal servants to the (asteur %nstitute, $oonoor, for treatment N
FbG stationery, printing and all office and advertising e.penses N FcG legal e.penses N FdG election e.penses N

FfG the provision and maintenance of municipal worD-shops N *>+ municipal surveys, the preparation of maps of the 7unicipality and the preparation and maintenance of a record of right immovable property. O5LI&ATO$* E+%ENDITU$E [:2-). The 7unicipal $ouncil O F G shall maDe provision for the construction, maintenance, diversion and

PPPPPPPPPPPPPPPPPPPPPPPPP . This rule was inserted by 9ocal )dministration 0epartment 'otification 'o. <:2, dated the 2th 7ay 4: , published at page /:3 of (art -) of the Fort "t. *eorge *azette, dated the 20th 7ay 4: , re-enacted permanently by 9ocal )dministration 0epartment 'otification, dated the 2=th )pril 4:3, published at pages /4 to <3 of the ,ules "upplement to (art -) of the Fort "t. *eorge *azette, dated the 21th )pril 4:3.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

'0.

improvement of streets, bridges, causeways, culverts and the liDe to such e.tent as the ["tate! *overnment consider necessary and practicable N and F2G shall not divert such provision to other purposes without the e.press sanction of the ["tate! *overnment. :/. F G #.penditure on the following obJects is obligatory subJect to special directions that the 2["tate *overnment! may issue in respect of any 7unicipality by notifications 5O
FaG the principal municipal office and record-room N FbG maintenance of public property and monuments vested in the 7unicipalityN FcG maintenance of property owned by the 7unicipality N FdG salaries and pensionary and provident fund contributions, gratuities, and pensions for the municipal officers and servants according to the conditions on which such persons entered the municipal service N FeG scavenging N FaG lighting the public streets N
J

-*99+ planting and preservation of trees in public street and places N!

FfG burial and burning grounds where no sufficient number is provided by other agencyN FgG medical relief to the e.tent laid down in rules ::, :< and := N FaG diffusion of education to the e.tent laid down in rules :1 to < N FhG registration of births and deaths FiG vaccination

F G provision of slaughter-housesN
FmG payment of interest on, and amortization of, debt Fif anyG FmG payment of the election e.penses including the cost of the preparation and revision of the electoral roll, the conduct of elections to the 7unicipal $ouncil, and the maintenance of the election establishmentN

PPPPPPPPPPPPPPPPPPPPPPPPP . The word was substituted for the word Q(rovincialQ by the )daptation &rder of 4<0. 2. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. /. %nserted by Tamil 'adu )ct 2/ of 431.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

'09

E'planation .( The cost of maintenance of the election establishment shall include the pay, pension and leave allowances, if any, of the officers and servants of [the *overnment! or of any other authority, employed in the preparation and revision of the electoral roll and in the conduct of the elections. [FoG payment of such contribution towards the cost of training $ommissioners of 7unicipalities as may be fi.ed by the /["tate! *overnment. E'planation .B The cost of training $ommissioners may include the Whole or such part as the *overnment deem eHuitable, of the pay, pensionary or provident fund contribution and leave and otherP allowances, if any of the officers and servants of the :[*overnment! or of any other authority employed and other incidental e.penses incurred in conne.ion with such training.! -*K+ payment of travelling allowance of a person appointed as $ommissioner of the 7unicipality in respect of his Journey to Join the appointment. *@+ all other obJects declared obligatory by law or rule!. F2G The =["tate *overnment! shall determine every year the amount of the election e.penses referred to in clause *2+ of sub-rule F G and their determination shall be final and binding on the 7unicipal $ouncil. "uch amount shall have priority over all other charges e.cept charges for the service of authorised loans including the loans and advances specified in section 2:-), and the e.penses specified in sub-sections F2G and F/G of section /4. O5LI&ATO$* MEDICAL E+%ENDITU$E ::. F G The $ouncil shall provide and maintain either from endowments or from the municipal fund or by grant-in-aid therefrom in accordance with such rules as may, from time to time, be prescribed by the =["tate *overnment! O PPPPPPPPPPPPPPPPPPPPPPPPP . The words Qthe $rownQ were substituted for the words Qthe *overnmentQ by the )daptation &rder of 4/1 and the word Q*overnmentQ was substituted for Q$rownQ by the )daptation &rder of 4<0. 2. &riginal clause *o+ was re-lettered as clause *K+ and a new clause *o+ was inserted by 9ocal )dministration 0epartment 'otification 'o. 43<, dated the 23th )ugust 4:0, published at page =/: of (art -) of the Fort "t. *eorge *azette, dated the /rd "eptember 4:0 re-enacted permanently by 9ocal )dministration 0epartment 'otification, dated the 2=th )pril 4:3, published at pages /4 to <3 of the ,ules "upplement to (art -) of the Fort "t. *eorge *azette, dated the 21th )pril 4:3. /. This word was substituted for the word Q(rovincial Q by the )daptation &rder of 4<0. :. This word was substituted for the word Q$rownQ by, i%id( <. &riginal clause *K+ was re-lettered as clause *@+ and a new clause *K+ was inserted by 9ocal )dministration 0epartment 'otification 'o. =<, dated the th 'ovember 4: , published at page 3== of (art -) of the Fort "t. *eorge *azette, dated the 2<th 'ovember 4: , re-enacted permanently by 9ocal )dministration 0epartment 'otification, dated the 2=th )pril 4:3, published at pages /4 to <3 of the ,ules "upplement to (art -) of the Fort "t. *eorge *azette, dated the 21th )pril 4:3. =. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0.
2

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

'10

FaG a hospital or dispensary where the sicD poor of the 7unicipality shall be entitled to receive medical and surgical advice and treatment free of charge N and FbG a hospital for the treatment of patients suffering from infectious diseases in the 7unicipality.

The $ouncil shall provide and maintain more than one such hospital or dispensary, if the ["tate *overnment! so direct provided that the ["tate *overnment! shall not so direct until the $ouncil shall have had an opportunity of submitting its views on the subJect to the ["tate *overnment! 5 (rovided further that the $ouncil shall not be bound to provide or maintain such hospitals or dispensaries when, in the opinion of the ["tate *overnment!, sufficient provision has otherwise been made for the treatment free of charge of the sicD poor and the treatment of patients suffering from infectious diseases in the 7unicipality.
F2G )ny inhabitant of the 7unicipality, who is not a fit obJect of public charity, may, subJect to such regulations as the $ouncil with the approval of the ["tate *overnment! may from time to time, frame, obtain medical or surgical advice and treatment from any hospital or dispensary maintained by the $ouncil from endowments or from the municipal fund N provided that any charges incurred by the $ouncil in medical or surgical relief of persons other than the sicD poor of the 7unicipality or those unable to pay a medical attendant shall be reimbursed by such persons. F2G The $ouncil may also permit the treatment in the hospitals or dispensaries

maintained by it from endowments or from the municipal fund of any person not resident in the 7unicipality.
:<. The $ouncil shall provide every hospital or dispensary provided or maintained by it

with all necessary drugs, instruments, apparatus, furniture and appliances on a scale approved by the ["tate *overnment!, and when, in the opinion of the $ouncil, provision for in-patients may be necessary, it shall also provide a sufficient number of cots, bedding, clothing, furniture and diet for such in-patients.
:<. The $ouncil shall employ a medical officer for any hospital or dispensary maintained by it from endowments or from the municipal fund. O5LI&ATO$* EDUCATIONAL E+%ENDITU$E :=. The $ouncil shall, so far as the funds at its disposal may admit, maDe provision for the instruction in schools of all children of school-going age resident

PPPPPPPPPPPPPPPPPPPPPPPPP . The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

'11

within the limits of the 7unicipality, for whose instruction provision shall not otherwise have been made. :3. The $ouncil may provide instruction O
FiG either by schools maintained wholly from the municipal fund, or FiG by means of grants-in-aid to private schools from the said fund in accordance with such rules as may, from time to time, be described by the ["tate *overnment!, or FiG FiiG

by contributing towards the cost of *overnment schools, or by more than one of such means.

:4. The $ouncil may, with the previous sanction of the ["tate *overnment!, maintain either wholly from the municipal fund, or by grants-in-aid therefrom, elementary schools to which admission may be wholly or partly free for any class of the inhabitants which, in the opinion of the $ouncil, is by reason of poverty unable to pay the fees leviable in schools maintained by the $ouncil whether wholly from the municipal fund or by grants-in-aid therefrom. <0. F G %f, at any time, it seems advisable to the ["tate *overnment! that a grant-in-aid should be made to any school maintained solely for the instruction of the children of any particular class of the inhabitants of any 7unicipality 2[they may direct! the 7unicipal $ouncil to maDe such grant to such school N and the $ouncil shall maDe it accordingly N provided that the ["tate *overnment! shall not so direct until the $ouncil shall have had an opportunity of submitting its views on the subJect to the ["tate *overnment!. F2G The instruction to be provided by the $ouncil shall be of such standards as may, from time to time, be determined by the ["tate *overnment!. < . F G The $ouncil shall, unless otherwise provided by any law for the time being in force, or in the case of elementary schools Ee.empted by the ["tate *overnment! on such conditions as it may prescribe, from time to time, levy in every school maintained by it, fees as may from time to time, be determined by the ["tate *overnment! 5 (rovided that if the $ouncil is satisfied that the parent or guardian of any child, resident in the 7unicipality, is by reason of poverty unable to pay for the elementary education of such child, it may remit the whole or part of the fees,

PPPPPPPPPPPPPPPPPPPPPPPPP . The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. 2. These words were substituted for the words Qhe may directQ by the "chedule to the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G,

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

'12

but it shall not compel the parent or guardian of such child in consideration of the said relief to send such child to any particular municipal school 5 (rovided further that the $ouncil may, in any secondary school, in accordance with a scheme framed by it and approved by the 0irector of (ublic %nstruction, remit the whole or part of the fees of poor pupils, subJect to the condition that the fee income thus foregone shall not e.ceed 0 per cent of the total fees realizable from all pupils of the school at the rates determined by the ["tate *overnment!. F2G The proceeds of all fees levied by the $ouncil as aforesaid shall be e.pended by the $ouncil for the provisions of instruction by means of schools. DI#C$ETIONA$* EDUCATIONAL E+%ENDITU$E <2. The $ouncil may also provide wholly from the municipal fund, or by means of grantsin-aid therefrom ,FiG for the inspection of schools maintained by it whether wholly from the municipal fund or by grants-in-aid therefromN FiG

for the training of teachers for schools aided or maintained from the municipal

fundN for the instruction and training of persons for the practice of medicine, or of vaccination, or of any technical or industrial calling N and
FiG FiiG for the maintenance of public libraries, reading rooms, gymnasia or any other institutions connected with the diffusion of education, which may be approved by the ["tate *overnment!.

E+T$AO$DINA$* E+%ENDITU$E </. ) 7unicipal $ouncil may, with the sanction of the ["tate *overnment! ,F G contribute towards the e.penses of any public e.hibition, ceremony or entertainment in the 7unicipalityN F2G defray the cost of the preparation and presentation of addresses to persons of distinction visiting the 7unicipalityN F/G contribute to any charitable fund or to a fund for the defence of the 7unicipality
2

[or %ndia! or to the funds of any institution for the relief of the poor

PPPPPPPPPPPPPPPPPPPPPPPPP . The words Q(rovincial. *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. 2. These words were substituted for the words Q%ndia or the #mpireQ by the )daptation F)mendmentG &rder of 4<0.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

'1'

or the treatment of disease or infirmity or the reception of diseased or infirm persons or the investigation of the cases of disease N
F:G pay a conveyance allowance to the $hairman or ?ice-$hairman N F<G pay the e.penses of the $hairman, members of the $ouncil and municipal officers

and servants travelling on municipal business N and


F=G [defray! any other e.traordinary charges.

$ECEI%T# AND %A*MENT#


<:. )ll moneys received by the $ouncil shall be lodged in the nearest *overnment treasury or, with the sanction of the 2["tate *overnment!, in a banD

(rovided that the 7unicipal $ouncil may, with the sanction of the 2["tate *overnment!, invest any sums not reHuired for immediate use either in a *overnment savings banD or in *overnment securities, or in any other security which may be approved by the 2["tate *overnment!.
<<. F G /[)ll orders or cheHues against the municipal fund shall be signed by the
:

[#.ecutive )uthority!, or by some person duly authorised in this behalf by him!. The treasury or banD in which the fund is lodged shall, so far as the funds to the credit of the $ouncil admit, pay all orders or cheHues against the fund which are so signed. F2G %f the $ouncil shall have given previous authority in writing, such treasury or banD may, at once, pay out of the municipal fund without such order or cheHue any e.pense which the 2["tate *overnment! <[have incurred! on behalf of the $ouncil. AUDIT8 #U$CHA$&E AND DI#ALLO!ANCE
<=. The :[#.ecutive )uthority! shall submit all accounts to auditors as reHuired by them.

PPPPPPPPPPPPPPPPPPPPPPPPP . This word was inserted by the "econd "chedule to the Tamil 'adu ,epealing and )mending )ct, 4/3 FTamil 'adu )ct @%%% of 4/3G. 2. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. /. This sentence was substituted for the original first two sentences by section 12 of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. :. These words were substituted for the word Q$hairmanQ by section 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. <. These words were substituted for the words Qhas incurredQ by the "chedule to the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

'1*

<1. The auditors may [FaG by summons in writing, reHuire the production of any booD, deed, contract, account, voucher, receipt or other document the perusal or e.amination of which they consider necessary!
FbG by summons in writing reHuire any person having the custody or control of any such document or accountable for it to appear in person before themN FbG reHuire any person so appearing to maDe and sign a declaration with respect to such document or to answer any Huestion or to prepare and furnish any statement relating thereto.

<3. The auditors shall O


FaG report to the $ouncil any material impropriety or irregularity which they may

observe in the e.penditure, or in the recovery of moneys due to the $ouncil or in the municipal accountsN
FbG furnish to the $ouncil such information as it may reHuire concerning the progress of

their audit N
FcG report to the $ouncil any loss or waste of money or other property owned by or

vested in the $ouncil caused by neglect or misconduct, with the names of persons, directly or indirectly, responsible for such loss or waste N and
FdG submit to the $ouncil a final statement of the audit and a duplicate copy thereof to

the ["tate *overnment! within a period of three months from the end of the financial year, or within such other period as the 2["tate *overnment! may notify. <4. The /[#.ecutive )uthority! shall forthwith remedy any defects or irregularities that may be pointed out by the auditors and report the same to the $ouncil. =0. F G The auditors may disallow every item contrary to law and surcharge the same on the person maDing, or authorising the maDing of, the illegal paymentN and may charge against any person responsible therefor the amount of any :[deficiency, loss or unprofitable outlay incurred! by the negligence or misconduct

PPPPPPPPPPPPPPPPPPPPPPPPP . This clause was substituted for the original clause by 9ocal )dministration 0epartment 'otification 'o. =<.1, dated the 2=th 6une 4/4, published at page :<0 o9 (art %-) of the Fort "t. *eorge *azette, dated the :th 6uly 4/4. 2. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. /. These words were substituted for the word Q$hairmanQ by, section 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. :. These words were substituted for the words Qdeficiency or loss incurredQ by 9ocal )dministration 0epartment 'otification 'o. =<1, dated the 2=th 6une. 4/4, published at page :<0 of (art %) of the Fort "t. *eorge *azette, dated the :th 6uly 4/4.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

'1+

of that person or of any sum which ought to have been but is not brought into account by that person or of any sum which ought to have been but is not brought into account by that person and shall, in every such case, certify the amount due from such person. [E'planation %t shall not be open to any person whose negligence or misconduct has caused or contributed to any such deficiency or loss, to contend that notwithstanding his negligence or misconduct the deficiency or loss would not have occurred but for the negligence or misconduct of some other person.!
F2G The auditors shall state in writing the reasons for their decision in respect of every

disallowance, surcharge or charge and furnish by registered post a copy thereof to the person against whom it is made.
F/G %f the person to whom a copy of the auditorEs decision is so furnished refuses to receive it, he shall nevertheless be deemed to have been duly furnished with a copy of such decision within the meaning of sub-rule F2G. The period of fourteen days fi.ed in rules = and =2 shall be calculated from the date of such refusal.

[= . F G! )ny person aggrieved by disallowance, surcharge or charge made may, within fourteen days after he has received or been served with the decision of the auditor, either O
FaG apply to the principal $ivil $ourt of original Jurisdiction to set aside such

disallowance, surcharge or charge and the $ourt, after taDing such evidence as is necessary, may confirm, modify or remit such disallowance, surcharge or charge with such orders as to costs as it may thinD proper in the circumstances N or
FbG in Di&A of such application may appeal to the /["tate *overnment!, who shall pass

such orders as they thinD fit. [Where an application is made to the $ourt under clause FaG, the auditor shall be the sole respondent thereto, and the applicant shall not be entitled to
:

PPPPPPPPPPPPPPPPPPPPPPPPP . This #.planation was added by 9ocal )dministration 0epartment 'otification 'o. :21, dated the 22nd 6une 4:/, published at page 2:2 of (art %-) of the Fort "t. *eorge *azette, dated the =th 6uly 4:/, re-enacted permanently by 9ocal )dministration 0epartment 'otification, dated the 2=th )pril 4:3, published at pages /4 to <3 of the ,ules "upplement to (art -) of the Fort "t. *eorge *azette, dated the 21th )pril 4:3. 2. ,ule = was re-numbered as sub-rule F G of that rule and to the rule 13 so re-numbered, new sub-rule F2G was added by 9ocal )dministration 0epartment 'otification 'o. =<1, dated the 2=th 6une 4/4, published at page :<0 of (art %-) of the Fort "t. *eorge *azette, dated the :th 6uly 4/4. /. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnment Q by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. :. This paragraph was inserted by 9ocal )dministration 0epartment 'otification 'o. /01, dated the =th 'ovember 4/1, published at page <31 of (art %-) of the Fort "t. *eorge *azette, dated the 4th 'ovember 4/1.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

'1,

maDe either the ["tate *overnment!. or any other person a party to the proceedings.! [F2G From any decision of the, $ourt under clause FaG of sub-rule F G, an appeal shall lie to the +igh $ourt.! =2. #very sum certified to be due from any person by auditors under this )ct shall be paid by such person to the /[#.ecutive )uthority!, within fourteen days after the intimation to him of the decision of the auditors unless within that time such person has appealed to the $ourt or to the ["tate *overnment! against the decision N and such sum if not so paid, or such sum as the $ourt or the 2["tate *overnment! shall declare to be due, shall be recoverable on an application made by the [#.ecutive )uthority!, to the $ourt in the same way as an amount decreed by the court. [=2-). The 7unicipalities shall pay to the auditors out of the municipal fund such remuneration as the *overnment may determine.! [=/. %nterest at the rate of si. per cent per annum shall be charged on the disallowance, surcharge or charge amount due, with effect from the date following the last date fi.ed for payment of the said disallowance, surcharge or charge amount in the auditorsE certificate referred to in sub-rule F G of rule =0. The interest so charged on the disallowance, surcharge or charge amount overdue shall be specified in the said certificate itself in precise terms, as laid down in section /: of the $ivil (rocedure- $ode, 403 F$entral )ct ? of 403G!. [=:. 'otwithstanding anything contained in these rules, the 1["tate! *overnment may, at any time, direct that the recovery of the whole or any part of the amount certified to be due from any person by auditors under this )ct shall be waived, if in their opinion, such a course is necessary considering all the circumstances of the case.
= < : 2

PPPPPPPPPPPPPPPPPPPPPPPPP . This e.pression was substituted for the e.pression Q*overnment of 7adrasQ by the Tamil 'adu )daptation of 9aws &rder, 410,which came into force on the :th 6anuary 4=4. 2. These words were substituted for the word Q$hairmanQ by section 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. /. The words Q(rovincial *overnmentQ were substituted for the words Q9ocal *overnmentQ by the )daptation &rder of 4/1 and the word Q"tateQ was substituted for Q(rovincialQ by the )daptation &rder of 4<0. :. ,ule =2-) was inserted by *.&. 7s. 'o. 330, ,09), dated 2nd 6une 414. <. ,ule =/ was re-numbered as rule =: and the present rule =/ was inserted by *&. 7s. 'o. 4= ,.0. V 9.)., dated the :th "eptember 41:. =. This rule was added by 9ocal )dministration 0epartment 'otification 'o. =<1, dated the 2=th 6une 4/4, published at page :<0 of (art -) of the Fort "t. *eorge *azette, dated the :th 6uly 4/4. 1. This word was substituted for the word Q(rovincialQ by the )daptation &rder of 4<0.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

'1-

@APPENDI/ )!

DI#T$AINT !A$$ANT -S&& ,ule /0 F:G! Warrant 'o. To PPPPPPPPPPPPPPPPPPPPPPPPPP PPPPPPPPPPPPPPPPPPPPPPPPPP F'ame or officer charged with e.ecution of warrant.G F"tate ta. or ta.es due and premises, if any, in respect of which the ta. or. ta.es are due.G W+#,#)"PPPPPPPPPPof PPPPPPPPPPP P has not paid or shown sufficient cause for the non-payment of the sum of ,s.PPPPPPPPPPPPdue for the ta. or ta.es noted above for the PPPPPPPPPPPPPPPPPPPPPPendingPPPPPPPPPP 20PPPP , although the said sum has been duly demanded from the said and fifteenC days have elapsed since such demand was made. This is to command you to demand the said sum of ,s.P PPPPPPPPPPtogether with annas two for warrant fee, failing payment of which you are to distrain the goods and chattels of the said PPPPPPPPPPPPPPPPPPPPPP For, as the case may be, any goods and chattels found on the premises referred toG, to the amount of the said sum of ,s.P PPPPPPPPP together with ,s.PPP PPPPPPPPPPPPPPPPPPPPPP for warrant fee and distraint fee maDing together a sum of ,s. PPPPPPPPP and such further sum as may be sufficient to defray the charges of Deeping and selling such distraint N and if within seven days ne.t after such distraint, the amount due on account of the said ta. or ta.es and fee shall not be paid, together with such further sum as may be sufficient to defray the charges of Deeping such distraint, to sell the said goods and chattels under orders to be hereafter issued by me, and to remit to the municipal office the sale-proceeds of the distrained property, out of which the amount due on account of the said ta.es and fees, viz., ,s.PPPPPPPPPPPPP and the charges on Deeping, and selling such distraint will be deducted and credited to the municipal fund, and the surplus, if any, returned to the owner of the goods and chattels distrained. %f distraint or sufficient distraint cannot be found of the goods and chattels of the said PPPPPPPPPP P , you are to certify the same to me together with this warrant. "tation 5 AA45o7i4G+=( 0ate 5 -Si>214A7& o9 45& 1*E,&8A4iv&

[CThreeE days in case of ta. on servants.! PPPPPPPPPPPPPPPPPPPPPPPPP . )ppendices ), 2 and $ were substituted for the original )ppendices by section 1/ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. These words were substituted for the word Q$hairmanQ by section 1 F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

'1.

@APPENDI/ )E

FORM OF INVENTORY AND NOTICE [S&& ,ule / F G FcG! F"tate particulars of goods and chattels seized.G TaDe notice that % have this day PPPPPPPP seized the goods and chattels specified in the above inventory for the sum of ,s.PPPPPPPPPP due for. the ta. or ta.es mentioned in the margin PPPPPPPPPPPPPP for thePPPPPPPP ending, N 20 PPPPPPPP N and that unless you pay into the office of the 7unicipality of PPPPPPPPPPPPPP the amount due together with the warrant fee, the distraint fee and cost of Deeping the goods and chattels, within seven days from the date of this notice, the goods- and chattels will be sold on the PPPPPPP day of PPPPPPPPPPPPP 20 PPPPPPPP, at the 7unicipal office or at such other place as the [#.ecutive )uthority! may direct, and that the goods and chattels may be sold at any previous date, if they are liable to speedy and natural decay.

*Si>214A7& o9 45& o99i8&7 &,&8A4i2> 45& 6177124 o9 di347&33+ "tation5 0ate5

PPPPPPPPPPPPPPPPPPPPPPPPP . )ppendices ), 2 and $ were substituted for the original )ppendices by section 1/ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

'19

@APPENDI/ CE

TA5LE O3 3EE# %A*A5LE ON DI#T$AINT# [S&& ,ule // F G! "um distrained for. >nder rupee 0 rupees. < rupees. 2 2 / / : : < = 1 4 0 0 0 Fees. ,s. ). : 3 0 3 0 3 0 3 0 3 0 0 3 0 0 rupee and over but under < rupees. P but under < rupee and over 0 rupee and over but under (. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

< rupee and over but under 20 rupees. 20 rupee and over but under 2< rupees. 2< rupee and over but under /0 rupees. /0 rupee and over but under /< rupees. /< rupee and over but under :0 rupees. :0 rupee and over but under :< rupees. :< rupee and over but under <0 rupees. <0 rupee and over but under =0 rupees. =0 rupee and over but under 30 rupees. 30 rupee and over but under 00 rupees and over 00 rupees.

The above charge includes all e.penses, e.cept when peons are Dept in charge of property distrained, in which case three annas must be paid daily for each peon.!

PPPPPPPPPPPPPPPPPPPPPPPPP . )ppendices ), 2 and $ were substituted for the original )ppendices by section 1/ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

'20

SCHEDULE ? (>,(&"#" F&, W+%$+ (,#7%"#" 7)A '&T 2# >"#0 W%T+&>T ) 9%$#'$# >'0#, "#$T%&' 2:4 [S&& section 2:4! [FaG Washing soiled clothes or Deeping soiled clothes for the purpose of washing them or Deeping washed clothes N!
FbG boiling paddy or camphorN FbG melting tallow or sulphur N FcG storing or otherwise dealing with manure, offal, blood, bones, rags, hides, fish,

horns or sDinsN
FcG washing or drying wool or hairN
2

[FeeG "toring or Deeping blanDets for the purpose of hiringN!

FdG maDing fish-oilN FeG maDing soap, dyeing, boiling or pressing oil, /[burning! bricDs, tiles, pottery or lime

N
FfG manufacturing or distilling sagoN manufacturing artificial manure :[manufacturing

beedies or cigars! N
FdG manufacturing gunpowder or fireworDs N FeG Deeping a public halting-place, choultry or other rest-house for travellers Fother than a choultry or rest-house maintained by the *overnment or a local authorityG, a hotel, restaurant, eating-house, coffee house, boarding house or lodging house Fother than a studentsE hostel under public or recognised controlG N

*LL+ Deeping a shaving or hair-dressing saloon N

PPPPPPPPPPPPPPPPPPPPPPPPP . This clause was substituted for the original clause by the +ealth 0epartment 'otification, dated the 21th 'ovember 4< , published at page 23= of ,ules "upplement to (art %-) of the Fort "t. *eorge *azette, dated the :th 0ecember 4< . 2. This item was added by *.&. 7s. 'o. 34/, 9.)., dated the 21th )pril 4<4. /. This word was substituted for the word QmaDingQ by section 1: F G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. :. These words were substituted for the words Qmanufacturing beediesQ by (ublic +ealth 0epartment 'otification 'o. 24/, dated the /rd 6uly 4::, published at page 3 of (art %-) of the Fort "t. *eorge *azette, dated the th 6uly 4::, re-enacted permanently with retrospective effect on and from the /0th )pril 4:3, by (ublic +ealth 0epartment 'otification, dated the 23th 7arch 4:4, published at pages 2/ to /2 of the ,ules "upplement to (art -) of the Fort "t. *eorge *azette, dated the <th )pril %4:4.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

'21

*?+ Deeping together twenty or more sheep or goats or ten or more pigs or head of cattle N *1+ preparing flour or articles made of flour for human consumption or sweetmeats N *0+ manufacturing ice or aerated waters N [*00+ brewing beer, manufacturing arracD or other spirit containing alcohol Fwhether denatured or notG, by distillation N! *2+ selling or storing timber, firewood, thatching materials, hay, grass, straw, fibre, coal or charcoal N [*o+ selling wholesale or retail, or storing for wholesale or retail trade or for purposes other than private or domestic use, grain, groundnut, /[tamarind!, chillies, Jaggery, pulses, flour, bran, oil-caDes or agricultural produce which is liDely to attract rats N! *K+ :[manufacturing Jaggery, sugarcandy or syrup otherwise than as a cottage industry by tappers or persons in enJoyment of the trees carried on in their own premises N! -*@+ storing any e.plosive or combustible materials 5! PPPPPPPPPPPPPPPPPPPPPPPPP
. This clause was inserted by (ublic +ealth 0epartment 'otification 'o. /3 , dated the 3th &ctober 4:=, published at page / 4 of (art %-) of the Fort "t. *eorge *azette, dated the 2=th 'ovember 4:=. 2. This clause was substituted by (ublic +ealth 0epartment 'otification 'o. /0, dated the 3th 0ecember 4::, published at page 3 of (art %-) of the Fort "t. *eorge *azette, dated the 2/rd 6anuary 4:<, re-enacted permanently with retrospective effect on and from the /0th )pril 4:3, by (ublic +ealth 0epartment 'otification, dated the .23th 7arch 4:4, published at pages 2/ to /2 of the ,ules "upplement to (art %-) of the Fort "t. *eorge *azette, dated the <th )pril 4:4, for clause FoG as amended by (ublic +ealth 0epartment 'otification 'o. <3, dated the 3th 6anuary 4::, published at page :/ of (art %-) of the Fort "t. *eorge *azette, dated the <th February 4:: and (ublic +ealth 0epartment 'otification 'o. 1=, dated the <th )pril 4::, published at page 03 of (art %-) of the Fort "t. *eorge *azette, dated the 2<th )pril 4::, which were re-enacted permanently by (ublic +ealth 0epartment 'otification, dated the 23th 7arch 4:4, referred to above. /. This word was inserted by (ublic +ealth 0epartment 'otification 'o. 2<:, dated the 2th 6une 4:<, published at page := of (art %-) of the Fort "t. *eorge *azette, dated the 4th 6une 4:<, re-enacted permanently with retrospective effect on and from the /0th )pril 4:3 by (ublic +ealth 0epartment 'otification, dated the . 23th 7arch 4:4, published at pages 2/ to /2 of the ,ules "upplement to. (art %-) of the Fort "t. *eorge *azette, dated the <th )pril 4:4. :. This clause was substituted by (ublic +ealth 0epartment 'otification, dated the / st 7arch 4:4, published at page // of the ,ules "upplement to (art %-) of the Fort "t. *eorge *azette, dated the <th )pril 4:4, for clause FpG as amended by (ublic +ealth. 0epartment 'otification 'o. :2:, dated the 2/rd 'ovember 4:/, published at page /4: of (art %-) of the Fort "t. *eorge *azette, dated the 2/rd 'ovember 4:/, re-enacted permanently with retrospective effect on and from the /0th )pril 4:3 by (ublic +ealth 0epartment 'otification, dated the 23th 7arch 4:4, published at pages 2/ to /2 of the ,ules. "upplement to (art %-) of the Fort "t. *eorge *azette, dated the <th )pril 4:4. <. $lauses FHG, FrG FsG and FtG were substituted for the original clause FHG by section 1: FiiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G.
2

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

'22

[(rovided that no licence shall be reHuired for storing petroleum and its products in Huantities e.ceeding those to which the .operation of this )ct is limited by the provisions of the (etroleum )ct 4/: F$entral )ct @@@ of 4/:G, or the rules or notifications issued thereunderN! [*@@+ selling cotton wholesale or retail or storing cotton for wholesale or retail trade or for conversion into yarnN!
/ 2

[FrG manufacturing anything from which offensive of unwholesome smells ariseN

FsG using for any industrial purpose any fuel or machinery :[other than such machinery

as may, by notification, be e.empted by the <["tate! *overnment, from time to time! N and
FsG in general, doing in the course of any industrial process anything which is liDely to

be dangerous to human life or health or property 5! (rovided that no licence shall be reHuired for the storage of timber, firewood, thatching materials, hay, grass, straw, fibre, or coal or =[for boiling paddy or for Deeping soiled clothes or washed clothes or for washing soiled clothes when such storage or boiling, Deeping or washing is! for private use 5

PPPPPPPPPPPPPPPPPPPPPPPPP . This proviso was added by (ublic +ealth 0epartment 'otification 'o. :2<, dated the 24th "eptember 4::, published at page 2</ of (art %-) of the Fort "t. *eorge *azette, dated the / st &ctober 4::, re-enacted permanently with retrospective effect on and from the /0th )pril 4:3 by (ublic +ealth 0epartment 'otification, dated the 23th 7arch 4:4, published at pages 2/ to /2 of the ,ules "upplement to (art %-) of the Fort "t. *eorge *azette, dated the <th )pril 4:4. 2. This clause was inserted by (ublic +ealth 0epartment 'otification 'o. 1=, dated the <th )pril 4::, published at page 03 of (art %-) of the Fort "t. *eorge *azette, dated the 2<th )pril 4::, re-enacted permanently by i%id( /. $lauses FHG, *7+ *3+ and *4+ were substituted for the original clause *@+ by section 1: FiiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. :. These words were inserted by 9ocal )dministration 0epartment 'otification 'o. 1 , dated the 1th 'ovember 4: , published at page 3=3 of (art %-) of the Fort "t. *eorge *azette, dated the 2<th 'ovember 4: , re-enacted permanently with retrospective effect on and from the /0th )pril 4:3 by (ublic +ealth 0epartment 'otification, dated the 23th 7arch 4:4, published at pages 2/ to /2 of the ,ules "upplement to (art %-) of the Fort "t. *eorge *azette, dated the <th )pril 4:4. <. This word was substituted for the word Q(rovincialQ by the )daptation &rder of 4<0. =. These words were substituted by +ealth 0epartment 'otification, dated the 21th 'ovember 4< , published at page 23= of the ,ules "upplement to (art %-) of the Fort "t. *eorge *azette, dated the st 0ecember 4< , for the words Qwhen such storage of boilingQ which were inserted by section 1: FiiiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

'2'

[(rovided further that no licence shall be reHuired under this )ct for a lodging house as defined in the 2[Tamil 'adu! (ublic +ealth )ct, 4/4, F2[Tamil 'adu! )ct %%% of 4/4G, if the Deeper thereof has been registered under that )ct.! SCHEDULE VI 9%"T &F 0)'*#,&>" 0%"#)"#" [S&& "ection 231! )cute influenza pneumonia. )nthra.. $hicDenpo.. $holera. 0iptheria.. #nteric fever. *landers. 9eprosy. (lague. "mallpo.. Tuberculosis. Typhoid fever. %nfluenza. ,elapsing fever. ,abies.

PPPPPPPPPPPPPPPPPPPPPPPPP . This proviso was added by section 23 of the Tamil 'adu 0istrict 7unicipalities FThird )mendmentG )ct, 4:2 FTamil 'adu )ct @@@?%%% of 4:2G, re-enacted permanently with specified modification by section / of, and the "chedule to, the Tamil 'adu ,eenacting F'o. G )ct, 4:3 FTamil 'adu )ct %@ of 4:3G. 2. These words were substituted for the word Q7adrasQ by the Tamil 'adu )daptation of 9aws &rder, 4=4, as amended by the Tamil 'adu )daptation of 9aws F"econd )mendmentG &rder, 4=4, which came into force on the :th 6anuary 4=4.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

'2*

SCHEDULE VII &,0%'),A (#')9T%#" [S&& "ection / /! "ection "ubor rule. section or clause. F G F2G [/0 F G 33 34
2

"ubJect. F/G

Fine which may be imposed. F:G

%nterested $ouncillor voting or taDing part in Fifty rupees!. discussion Failure to give notice of transfer of title or to produce documents. Failure to send notice to /[e.ecutive authority! after completion of construction or re-construction of building Failure of owner or occupier to furnish return of rent, etc. Failure of owner or occupier to obey reHuisition to furnish list of persons carrying on profession, art, etc. Failure of employer or head of an office, firm or company to obey reHuisition to furnish list of persons in his employ. Failure of occupier to obey reHuisition to furnish statement of vehicles and animals liable to ta.ation or furnishing incorrect statement. Fifty rupees. 0o. &ne hundred rupees. 0o.

.. [F G!

4 4=

F G ..

41

..

0o.

02

[F2G!

Ten rupees.

PPPPPPPPPPPPPPPPPPPPPPPPP . This item was inserted by section 1< *i+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. This figure was entered by section 1< FiiG, i%id( /. These words were substituted for the word Q$hairmanQ by section 1 *i+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. :. This figure was entered by section 1< *iii+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

'2+

F G 0: 0<

F2G .. F2G F/G

F/G Failure to obey order to affi. and register number of carriage. Failure of owner to register cart or other vehicle. Failure to have or Deep registration number affi.ed to cart. Failure to furnish lists of servants employed. 2 [CCC! Trepassing on premises connected with the watersupply. Failure to maintain house connections in conformity with by-laws and regulations.

F:G Ten rupees. 0o

[ 04
/

.. .. .. F2G

0o. Fifty rupees.! 0o. 0o. 0o. 0o. 0o.

[ 21! /0 / /3. /4 :0 :2

Failure to obey reHuisition to maDe house connection. Failure to maintain house-drains, etc., in .. conformity with by-laws and regulations. F2G V F/G Failure to obey reHuisition as to house drainage. F G FbG .. .. ..

[ :/! ::

Failure to obey direction as to limited use of 0o. drain or notice reHuiring construction of distinct drain. >nlawful construction of building over public &ne hundred drain. rupees. Failure to obey reHuisition regarding culverts, Fifty rupees. etc., or to Deep them free from obstruction. Failure to obey reHuisition to maintain troughs 0o. and pipes for catching, etc., water from roof or other part of building.

PPPPPPPPPPPPPPPPPPPPPPPPP . This item was inserted by section 1< FivG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. This item relating to section / was omitted by "chedule % to the Tamil 'adu 7otor ?ehicles Ta.ation )ct, 4/ FTamil 'adu )ct %%% of 4/ G. /. These figures were substituted for the figures Q 4Q by section 1< FvG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. :. The figure QF2GQ was omitted by section 1< FviG, i%id(

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

'2,

F G :=

F2G ..

F/G Failure to obey reHuisition to provide latrine or to remove latrine to another site and failure to Deep latrines clean and in proper order. Failure to provide latrines for premises used by large numbers of people or to Deep them clean and in proper order. Failure to obey reHuisition to provide latrines for marDet, cattle-stand or cart-stand or to Deep them clean and in proper order. Failure to construct latrines so as to screen persons using them from view. 7aDing connection with mains without permission. %mproper disposal of carcasses, rubbish and filth. )llowing rubbish or filth to accumulate on premises for more than twenty-four hours, etc. )llowing filth to flow in streets >sing cart without cover in removal of filth, etc. Throwing rubbish or filth into drains. 2uilding within regular lines of street. Failure to obey orders to set bacD buildings. >nlawful displacement, etc., of pavement or fences, posts and other materials of public street.
/

F:G Fifty rupees.

:1

..

&ne hundred rupees. 0o. Twenty rupees. Two hundred rupees. Ten rupees. Twenty rupees.! Ten rupees. Twenty rupees. 0o. &ne thousand rupees. Five hundred rupees.! Fifty rupees.

:3

..

:4 < <1 [ <3

.. ..

..

<4 =0 = =1
2

.. .. .. .. F G ..

[ =3 1/

[CCC!

PPPPPPPPPPPPPPPPPPPPPPPPP . This item was substituted for the original item by section 1< *vii+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. This item was inserted by section 1< *viii+' i%id( /. The entries relating to section 1:-) were omitted by section = *iv+ of the Tamil 'adu Traffic $ontrol )ct, 4/3 FTamil 'adu )ct ? of 4/3G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

'2-

F G F2G [ 1< .. 1= 13 F<G ..

F/G Failure to provide roads, etc., on building sites prior to disposal. >nlawful maDing or laying of new private street

F:G [Two hundred rupees.! Five hundred rupees.

Failure to obey reHuisition to metal, etc., private &ne hundred street. rupees. / [ 30! .. 2uilding wall or erecting fence, etc., in a public 0o. street. : [ 30-) &bstructing a person in the use of a street 0o referred to in section 30-). 3 .. )llowing doors, ground-floor windows, etc., to toto outwards without licence or contrary to open Twenty rupees. notice. 32 3/ 3< 3= 31 .. .. .. .. .. Failure to remove permanent encroachment. Two hundred rupees.

Fifty rupees. Failure to remove temporary encroachment >nlawful removal of bar, or shoring timber, etc., Twenty rupees. or removal or e.tinction of light. >nlawful maDing of hole or placing of Fifty rupees. obstruction in street. $onstruction, etc., of building without licence where street or footway is liDely to be 0o. constructed. Failure to fence, etc., such building while under repair or failure to remove obstruction. Failure to remove obstruction caused in street by fall of trees, etc., within 2 hours of fall. >nlawful destruction, etc., of name of street. 0o. 0o. Twenty rupees.

.. 33 34

.. .. F/G

PPPPPPPPPPPPPPPPPPPPPPPPP . This item was inserted by section 1< Fi.G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. These words were substituted for the word Q0oQ by section / F G of, and the "econd "chedule to, the Tamil 'adu ,epealing and )mending )ct, 4< FTamil 'adu )ct @%? of 4< G. /. These figures were substituted for the figures Q 3/Q by section 1< F.G of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. :. This item was inserted by section < of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 424 FTamil 'adu )ct @ of 424G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

'2.

F G 40 [ 4/
2

F2G F2G F<G F G .. .. .. F G F G

F/G >nlawful destruction etc., of number of building. $onstructing or reconstructing building contrary to declaration issued by $ouncil. Failure to obey reHuisition to round or splay off buildings at corners of street. $onstruction of e.ternal roofs, etc., with inflammable materials.

F:G twenty rupees. Two hundred rupees.! &ne hundred rupees. Fifty rupees.

[ 4: 4< 4=

2 : 2 3 2 4 220

$onstruction of door or window, etc., to open Twenty rupees. outwards on public street. Failure to Deep. e.ternal walls of premises 0o improper repair. Failure to obey reHuisition to taDe down, Five hundred repair or secure dangerous structure. rupees. Failure to obey reHuisition to secure, lop, or cut down dangerous trees. Failure to obey reHuisition to repair, etc., tanD or other place dangerous to passers-by or persons living in neighbourhood. Failure to obey reHuisition to stop dangerous Huarrying. Failure to obey notice regarding precaution against fire. $onstructing well, etc., without permission. Failure to obey notice to fillup or demolish well, etc. Failure to obey reHuisition to fill up, etc., tanD or well, or drain off water, etc. $ultivating contrary to prohibition or regulations. Fifty rupees. 0o. &ne hundred rupees. 0o. Fifty rupees. 0o. 0o. Five hundred rupees.

.. 22 222 22/ .. .. F G F/G 22: 22< .. ..

PPPPPPPPPPPPPPPPPPPPPPPPP . This item was inserted by section 1< F.iG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

'29

F G 22=

F2G ..

F/G Failure to obey reHuisition to cleanse or close, etc., tanD, well or other source of water used for drinDing. &bstructing a person in the use and enJoyment of a well, tanD or reservoir referred to in section 221-). >nlawful washing and fishing in river, etc., after prohibition or contrary to regulations. Washing of clothes by washer m en at unauthorised places. 0efiling water of tanDs, etc. Failure to obey reHuisition to enclose, clear or cleanse untenanted premises. Failure to obey reHuisition to clear or cleanse, etc., building or land in filthy state or overgrown with no.ious vegetation. Failure to obey reHuisition to fence building or land or trim, prune or cut hedges and trees or lower and enclosing wall. Failure to obey reHuisition to lime wash or otherwise cleanse building. Failure to obey reHuisition to e.ecute worD or taDe other action with respect to insanitary buildings.

F:G Fifty rupees.

[221-)

..

&ne hundred rupees. [Fifty rupees!2 [Twenty rupees!2 [Fifty rupees.!2 Fifty rupees.

223 2/0 2/ 2/2 2//

.. .. .. .. ..

0o5 0o.

2/:

..

2/< 2/=

.. ..

0o. &ne hundred rupees in the case of building and fifty rupees in the case of hut. Twenty rupees for each day.

2/1

F2G

>sing or allowing the use of buildings unfit for human habitation after prohibition.

PPPPPPPPPPPPPPPPPPPPPPPPP . This item was inserted by section < of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 424 FTamil 'adu )ct @ of 424G. 2. These entries were substituted for the original entries by section 1< F.iiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

''0

F G 2/1 2/3

F2G F:G F G F:G

F/G Failure to obey reHuisition to demolish the same. )llowing overcrowding in building after order to abate the same, Failure to obey reHuisition to vacate overcrowded building or room. Feeding animals on filth >nlawful Deeping of animal so as to be a nuisance or [danger!. >se of place as stable, cattle-stand, etc., without licence or contrary to licence. $onstruction or maintenance of stable, cattle-shed, etc., contrary to )ct or subsidiary legislation. >se of place as stable, cattle-stand, etc., contrary to notice issued by 2[#.ecutive )uthority!. >sing a place for any of the purposes specified in "chedule ? without licence or contrary to licence. >nlawful erection of factory, worDshop, etc. 0isobedience of order regarding abatement of nuisance.

F:G Twenty rupees for each day. Ten rupees for each day. 0o. Fifty rupees. Ten rupees. Fifty rupees. 0o.

2/4 2:0 2:< 2:= .. .. ..

2:1
/

.. F G

Two hundred rupees. &ne hundred rupees. &ne thousand rupees. &ne hundred rupees. Two hundred rupees.

[2:4

2<0 2< 2<< 2<1

.. .. .. ..

2<3

..

>se of place as slaughter-house without licence or contrary to licence. Twenty rupees "laughter of animals for sale or food or for every animal, sDinning or cutting up carcasses or drying sDin carcass or sDin. so as to cause a nuisance. Fifty rupees. $arrying on milD trade without licence or contrary to licence.

PPPPPPPPPPPPPPPPPPPPPPPPP . This word was substituted for the word QdangerousQ by section / FiG of, and the "econd "chedule to, the Tamil 'adu ,epealing and )mending )ct, 4< FTamil 'adu )ct @' of 4< G. 2. These words were substituted for the word Q$hairmanQ by section 1 FiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. /. This item was inserted by section 1< *,iii+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

''1

F G [2<4 2=

F2G .. ..

2=2 2=/ 2=:

.. .. ..

F:G F/G &bstructing a person in the use of a marDet ,s. 00! referred to in section 2<4. "ale or e.posure for sale in public marDet of animal or article 2[CCC! without licence or Twenty rupees. contrary to licence. &pening or Deeping open (rivate 7arDet Five hundred without licence or contrary to licence. rupees. "ale or e.posure for sale of animal or article Twenty rupees. in unlicensed (rivate 7arDet. Failure to obey direction to construct approaches, drains, etc., to (rivate 7arDet Fifty rupees. or to pave them, etc. &pening or Deeping open of (rivate 7arDet Twenty rupees after suspension or refusal of licence for for each day. default to carry out worDs. 'uisances in (rivate 7arDets. $arrying on butcherEs, fishmongerEs or poultererEs trade without licence, etc. /["ale or e.posure for sale of animal or article in public street.! Twenty rupees. &ne hundred rupees. Ten rupees.

2=<

F2G

2== 2=4 210


:

.. .. .. .. ..

[210-$ [210-#

>sing a public place or the sides of a public Two hundred rupees.! street or public landing place, etc. &pening or Deeping open a new private cartstand without licence or contrary to licence. Two hundred rupees.! Fifty rupees.

(reventing the <[#.ecutive )uthority! or any person authorised by him from e.ercising his powers of entry, etc., under this section. PPPPPPPPPPPPPPPPPPPPPPPPP 21/ ..

. This item was inserted by section < of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 424 FTamil 'adu )ct @ of 424G. 2. The words Qof foodQ were omitted by section 1< *,iv+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. /. These words were substituted for the words Q"ale of article in public streetQ by section 1< *,v+ *1+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. :. These items were inserted by section 1< *,v+ *%+' i%id( <. These words were substituted for the word Q$hairmanQ by section 1 *i+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

''2

F G 21<
2

F2G .. F G F/G

F/G ,emoving or in any way interfering with an animal or article secured under [section 21:!.

F:G Five hundred rupees.

[214 23

232 23/ 23: 23< 233 240 24 242 24/ 24< 24=

.. F/G .. ..

&pening, etc., without licence a new place for &ne hundred the disposal of the dead. rupees.! / [>sing or allowing the use! or burial or &ne hundred burning ground which has not been registered, rupees.! licensed or provided. Failure to give information of burials or Twenty rupees. burning in burial or burning ground. 2urial or burning in a place after prohibition. &ne hundred rupees. &ffences in respect of corpses Fifty rupees. 0ischarge of office of grave-digger or attendant Five rupees. at place for disposal of dead without licence. Failure of medical practitioner or owner to give Fifty rupees. information of e.istence of dangerous disease in private or public dwelling. Failure to obey reHuisition to cleanse or 0o. disinfect buildings or articles. Washing of infected articles at unauthorised Fifty rupees. places. *iving, lending, etc., of infected articles. >sing water after prohibition %nfected person carrying on occupation. Travelling of infected person in public conveyance without taDing proper precautions against spread of disease. #ntry of infected person into public conveyance without notifying fact of infection. 0o. 0o. 0o. 0o. 0o.

.. .. F/G .. .. .. F G F2G

PPPPPPPPPPPPPPPPPPPPPPPPP . This e.pression was substituted for the word and figures Qsection 2=4Q by section 1< F.viG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. This item was inserted by section 1< *,vii+' i%id( /. These words were substituted for the words Q>se or allowance of useQ by section / F G of, and the "econd "chedule to, the Tamil 'adu ,epealing and )mending )ct, 4< FTamil 'adu )ct @%? of 4< G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

'''

F G 24= 241 243 244 [/0 ! /02 /2


2

F2G F/G .. .. .. .. F3G .. F G .. .. .. ..

F/G F:G $arrying infected person in public conveyance. Fifty rupees. 9etting or sub-letting of infected building without previous disinfection, etc. Failure to close place of public entertainment. "ending infected child to school. Failure to give information of small po.. (erson entering 7unicipality within forty days of inoculation for small po. without certificate. Failure to produce licence on reHuest. Failure to obey summons. Failure of occupier to obey reHuisition to permit &bstructing or molesting 7unicipal $ouncil, etc. ,emoving marD set up for indicating level, etc. ,emoval, etc. of notice e.hibited by, or under orders of the $ouncil. >nlawful removal of earth, sand or other material from land vested in the $ouncil or deposit of matter or encroachment in or on river, estuary, Two hundred rupees. 0o. Fifty rupees. 0o. &ne hundred rupees. Five rupees. Fifty rupees. Fifty rupees for each day. Fifty rupees. 0o. 0o.

[/2<

/// /<4 /=0 /= /=2

Twenty rupees Fifty rupees.

,ule <1 /f "ch.%?

..

Failure to obey reHuisition by auditors to attend, give evidence or produce document.

PPPPPPPPPPPPPPPPPPPPPPPPP . These figures were substituted for the figures Q/00Q by section 1< *,viii+ of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. This item was inserted by section 1< *,i,+' i%id((

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

''*

SCHEDULE VIII (#')9T%#" F&, $&'T%'>%'* 2,#)$+#" [S&& "ection / /! "ection or rule. F G /0 / /3 /4 :: := "ub0aily fine "ubJect. section which may be or clause. imposed. F2G F/G F:G .. Five rupees. Failure to maintain house-connections in conformity with by-laws and regulations. F2G 0o. Failure to obey reHuisition to maDe houseconnection. .. Ten rupees Failure to maintain house drains, etc., in conformity with by-laws and regulations F2G and F/ Failure to obey reHuisition as to house0o. drainage. .. Failure to obey reHuisition to maintain troughs and pipes for catching, etc., water from roof or 0o. other part of building. .. Failure to obey reHuisition to provide latrine or 0o. to remove latrine to another site and failure to Deep latrines clean and in proper order. .. Failure to provide latrines for premises used by large numbers of people or to Deep them clean Twenty rupees. and in proper order. .. Failure to obey reHuisition to provide latrines for marDet, cattle-stand or cart-stand or to Deep 0o. clean and in proper order. .. &ne hundred 2uilding within regular lines of street. 2[CCC! rupees.! .. Five rupees. Failure to provide roads, etc, on building sites prior to disposal!. .. Ten rupees. Failure to remove permanent encroachment

:1 :3 [ =1!
/

[ 1< 32

PPPPPPPPPPPPPPPPPPPPPPPPP . These figures were substituted for the figures Q =3Q by section 1= FiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. The entries relating to section 1:-) were omitted by section = FivG of the Tamil 'adu Traffic $ontrol )ct, 4/3 FTamil 'adu )ct ? of 4/3G. /. This item was inserted by section 24 of the Tamil 'adu 0istrict 7unicipalities FThird )mendmentG )ct, 4:2 FTamil 'adu )ct @@@?%%% of 4:2G, re-enacted permanently with specified modifications by section / of, and the "chedule to, the Tamil 'adu ,eenacting F'o.%%%G )ct, 4:3 FTamil 'adu )ct %@ of 4:3G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

''+

F G 3/ 3= 31

F2G .. .. ..

F/G Failure to remove temporary encroachment >nlawful maDing of hole or placing of obstruction in street. $onstruction, etc., of building without licence where street or footway is liDely to be obstructed. Failure to obey reHuisition to round or splay off buildings at corners of street. $onstruction of e.ternal roofs, etc., with inflammable materials. Failure to Deep e.ternal walls of premises in proper repair. Failure to obey reHuisition to repair, etc., tanD or other place dangerous to passers-by or persons living in neighbourhood. Failure to obey reHuisition to stop dangerous Huarrying. Failure to obey notice regarding precautions against fire. Failure to obey reHuisition to fill up, etc., tanD or well or drain off water, etc. Failure to obey reHuisition to cleanse or close, etc., tanD, well, etc., or other source of water used for drinDing. Failure to obey reHuisition to enclose, clear or cleanse untenanted premises. Failure to obey reHuisition to clear or cleanse, etc., building or land in filthy state or overgrown with no.ious vegetation. Failure to obey reHuisition to fence building or land, or trim, prune or cut hedges and trees or lower an enclosing wall. Failure to obey reHuisition to lime wash or otherwise cleanse building.

F:G Five rupees. Ten rupees. 0o. Fifty rupees.!


2

[ 4: 4< 2 : 220

F G .. .. ..

[Ten rupees.! 0o. Ten rupees. 0o. 0o. 0o. 0o. 0o. 0o.

22 222 22: 22=

.. .. .. ..

2/2 2//

.. ..

2/: 2/<

.. ..

0o. Fifty rupees.

PPPPPPPPPPPPPPPPPPPPPPPPP . This item was inserted by section 1= FiiiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G. 2. These words were substituted for the word Q0oQ by section 1= FivG, i%id(

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

'',

F G 2/=

F2G ..

2:0 2:< 2:=

.. .. ..

2:1

..

[2:4

F G

2<0 2< 2<< 2=2 2=/ 2=4


/

.. ..

.. .. .. .. ..

[210-$ 210-#

F:G Ten rupees in Failure to obey reHuisition to e.ecute worD or taDe other action with respect to the case of building and insanitary buildings. five rupees in the case of hut. >nlawful Deeping of animal so as to be a Five rupees. nuisance or [danger!. use of place as stable, cattle-stand, etc., Ten rupees. without licence or contrary to licence. $onstruction or maintenance of stable, cattle-shed, etc., contrary to )ct or 0o. subsidiary legislation. >se of place as stable, cattle-shed, etc., contrary to notice issued by 2[#.ecutive Fifty rupees. )uthority!. >sing a place for any of the purposes specified in "chedule ? without licence Twenty rupees. or contrary to licence. >nlawful erection of factory, worD-shop, &ne hundred etc. rupees. 0isobedience of order regarding nuisance. 0o. >se of place as slaughter-house without Fifty rupees. licence or contrary to licence. &pening or Deeping open (rivate 7arDet &ne hundred without licence or contrary to licence. rupees. "ale or e.posure for sale of animal or Twenty rupees. article in unlicensed (rivate 7arDet. $arrying on butcherEs fishmongerEs or Ten rupees. poultererEs trade without licence, etc. >sing a public place or the sides of a public street as a public landing place, Twenty rupees. etc. &pening or Deeping open a new private 0o. cart-stand without licence or contrary to licence..

F/G

PPPPPPPPPPPPPPPPPPPPPPPPP . This word were substituted for the word QdangerousQ by section / FiG of, and the "econd "chedule to, the Tamil 'adu repealing and )mending )ct, 4< FTamil 'adu )ct @%? of 4< G. 2. These words were substituted for the word Q$hairmanQ by section 1 FiG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4// FTamil 'adu )ct @? of 4//G. /. These item were inserted by section 1= FviG of the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 4/0 FTamil 'adu )ct @ of 4/0G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

''-

F G 214 240
2

F2G

.. ..

[243

,ule <1 /f "ch %?.

F/G F:G >sing without licence a place for the disposal &ne hundred rupees.! of the dead. [Ten Failure to obey reHuisition to cleanse or rupees.! disinfect buildings or articles. &ne hundred Failure to close place of public entertainment. rupees.! Twenty-five Failure to obey reHuisition by auditors to attend, give evidence or produce document. rupees.
'

@SCHEDULE I/K

LIST

! MUNICIPALITIES ! R (HICH C MMISSI NERS SHALL )E APP INTED -S&& "ection /F3-$G and 2-$!

F G $oimbatore,C F2G 8umbaDonam, F/G 7adurai,C F:G &ctacamund, F<G "alem, F=G TanJore, F1G Tiruchirapalli,C F3G Tuticorin, F4G *udiyattam, F 0G Tirupattur, F G Tiruvannamalai, F 2G ?aniyambadi, F /G ?ellore, F :G WalaJapet, F <G $hidambaram, F =G $uddalore, F 1G ?illupuram, F 3G $hingleput, F 4G 8ancheepuram, F20G 0harapuram, F2 G #rode, F22G (ollachi, F2/G Tiruppur, F2:G >dumalpet, F2<G 2odinayaDanur, F2=G 0indigul, F21G 8odaiDanal, F23G (alani, F24G (eriyaDulam, F/0G $oonoor, F/ G 0evaDottai, F/2G 8araiDudi, F//G "ivaDasi, F/:G "rivilliputtur, F/<G ?irudhunagar, F/=G 7annargudi, F/1G 7ayuram,C F/3G 'agapattinam, F/4G Tiruvarur, F:0G (alayamDottai, F: G Tirunelveli,C F:2G "rirangam, F:/G 8arur, F::G )mbur, F:<G )ruppuDDotai, F:=G Tiruvallur, F:1G 7elapalayam, F:3G 7ettupalayam, F:4G ,asipuram,. F<0G (uduDDottai, F< G Tindivanam, F<2G *obichettipalayam, F</G ,aJapalayam, F<:G )rni.!

PPPPPPPPPPPPPPPPPPPPPPPPP . These words were substituted for the word Q0oQ by section 1= *vii+' i%id( 2. This item was inserted by section 1= *viii+' i%id( /. This "chedule was substituted by clause / of, and the "chedule to, the Tamil 'adu )daptation of 9aws &rder, 4<1 for items F G to F= G of "chedule %@, substituted for the original "chedule by the Tamil 'adu )daptation of 9aws &rder, 4<:. C With effect on and from the st )pril 4<4, the following 7unicipalities were deemed to have been included in this "chedule, namely 5F G (admanabhapuram. F2G $olachel, F/G 8uzhithurai. F:G 'agercoil. F<G "hencottah. (lease see rule / in the "chedule to the Tamil 'adu 0istrict 7unicipalities F#.tension to the Transferee TerrorityG )ct, 4<4 FTamil 'adu )ct : of 4<4G.

THE TAMIL NADU DISTRICT MUNICIPALITES ACT, 1920

''.

SCHEDULE /

[S&& "ection /1:!


. (lanning for economic and social development. . ,oads and bridges. 2. Water supply for domestic, industrial and commercial purposes. /. (ublic +ealth, sanitation, conservancy and solid waste management. :. >rban forestry, protection of the environment and promotion of ecological aspects. 2. "afeguarding the interests of weaDer sections of society, including the handicaped and

mentally retarded.
<. "lum improvement and upgradation. =. >rban poverty alleviation. /. (rovision of urban amenities and facilities such as parDs, gardens play grounds. . (romotion of cultural, educational and aesthetic aspects. :. 2urials and burial grounds, cremations and cremation grounds and electric crematorium. 2. $attle ponds, prevention of cruelty to animals. /. ?ital statistics including registration of births and deaths. :. (ublic amenities including street lighting, parDing lots, bus stops and public

conveniences.
<. ,egulations of slaughter houses and tanneries.
2

[ =. >rban (lanning including town planning.


1. ,egulation of land use and construction of buildings. 3. Fire "ervices.!

PPPPPPPPPPPPPPPPPPPPPPPPP . "chedule @ was inserted by the Tamil 'adu 0istrict 7unicipalities F)mendmentG )ct, 44: FTamil 'adu )ct 2< of 44:G 2. )dded by Tamil 'adu )ct 22 of 44=. CCCCCCCCC

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