[143]
IV-2 Ex. (352)
©
[Regd. No. TN/CCN/467/2012-14.
GOVERNMENT OF TAMIL NADU
[R. Dis. No. 197/2009.
2022
[Price: Rs. 24.80 Paise.
TAMIL NADU
GOVERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 352]
CHENNAI, MONDAY, JUNE 20, 2022
Aani 6, Subakiruthu, Thiruvalluvar Aandu–2053
Part IV—Section 2
Tamil Nadu Acts and Ordinances
CONTENTS
Pages.
ACTS:
No. 33 of 2022—The Tamil Nadu Co-operative Societies (Fourth Amendment)
Act, 2022. ..
..
..
..
..
..
144
No. 34 of 2022—The Tamil Nadu Municipal Laws and the Chennai Metropolitan Water
Supply and Sewerage (Amendment) Act, 2022.
..
..
145-160
No. 35 of 2022—The Tamil Nadu Urban Local Bodies (Amendment) Act, 2022.
161-200
No. 36 of 2022—The Tamil Nadu Co-operative Societies (Third Amendment) Act,
2022.
..
..
..
..
..
..
201-202
No. 37 of 2022—The Tamil Nadu Infrastrcture Development (Amendment) Act,
2022.
203
144
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(By Order of the Governor)
C. GOPI RAVIKUMAR,
Secretary to Government (Legislation),
Law Department.
The following Act of the Tamil Nadu Legislative Assembly
received the assent of the Governor on the 12th June 2022 and
is hereby published for general information:—
ACT No. 33 OF 2022.
An Act further to amend the Tamil Nadu
Co-operative Societies Act, 1983.
Be it enacted by the Legislative Assembly of the State of
Tamil Nadu in the Seventy-third Year of the Republic of India as
follows:—
Short title and
commencement.
1. (1) This Act may be called the Tamil Nadu Co-operative
Societies (Fourth Amendment) Act, 2022.
(2) It shall come into force at once.
Amendment to
section 87.
2. In section 87 of the Tamil Nadu Co-operative Societies Act,
1983, for sub-section (1) including the first proviso thereto, the
following sub-section and the proviso shall be substituted, namely:—
Tamil Nadu Act
30 of 1983.
“(1) Where in the course of an audit under section 80 or an inquiry
under section 81 or an inspection or investigation under section
82 or inspection of books under section 83 or the winding-up of a
society, it appears that, any person who is or was entrusted with the
organisation or management of the society or any past or present
officer or servant of the society, either on his own or in connivance
with any other person, has misappropriated or fraudulently retained
or transferred any money or other property or been guilty of breach
of trust in relation to the society or has caused any deficiency in
the assets of the society by breach of trust or negligence or has
made any payment which is not in accordance with this Act, rules
or by-laws, the Registrar himself or any person specially authorised
by him in this behalf, of his own motion or on the application of the
Board, liquidator or any creditor or contributory, may frame charges
against such person or officer or servant or such other person and
after giving a reasonable opportunity to the person concerned and in
the case of his demise, to his representative who inherits his estate
or a person who holds his estate, to answer the charges, make an
order requiring him to repay or restore the money or property, or
any part thereof with interest at such rate as the Registrar or the
person authorised as aforesaid thinks just or to contribute such sum
to the assets of the society by way of compensation in respect of
the misappropriation, misapplication of funds, fraudulent retention
or transfer of money or other property, breach of trust or negligence
or payments which are not in accordance with this Act, rules or
by-laws as the Registrar or the person authorised as aforesaid
thinks just:
Provided that no action shall be commenced under this
sub-section after the expiry of seven years from the date of detection
of any act or omission referred to in this sub-section.”.
145
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
The following Act of the Tamil Nadu Legislative Assembly
received the assent of the Governor on the 17th June 2022 and
is hereby published for general information:—
ACT No. 34 OF 2022.
An Act further to amend the laws relating to Municipal
Corporations, Municipalities and the Chennai Metropolitan
Water Supply and Sewerage Act, 1978.
Be it enacted by the Legislative Assembly of the State of
Tamil Nadu in the Seventy-third Year of the Republic of India as
follows:—
PART–I.
PRELIMINARY.
1. (1) This Act may be called the Tamil Nadu Municipal
Laws and the Chennai Metropolitan Water Supply and Sewerage
(Amendment) Act, 2022.
Short title and
commencement.
(2) It shall come into force on such date as the State
Government may, by notification, appoint.
PART–II.
AMENDMENTS TO THE CHENNAI CITY MUNICIPAL
CORPORATION ACT, 1919.
Tamil Nadu Act IV
of 1919.
2. After section 99 of the Chennai City Municipal Corporation
Act, 1919 (hereinafter referred to as the principal Act), the following
section shall be inserted, namely:—
Insertion of new
section 99-A.
“99-A. Enhancement of property tax.—The council may, by
resolution, enhance property tax at such rate, within the minimum
and maximum rates as may be notified by the Government, from
time to time.”.
3. After section 202-A of the principal Act, the following section
shall be inserted, namely:—
Insertion of new
section 202-B.
“202-B. Identification of places for decanting of faecal
sludge or septage.— (1) The Commissioner, in consultation with
the Managing Director, Chennai Metropolitan Water Supply and
Sewerage Board, shall identify places for decanting the faecal sludge
or septage, by means of a specified vehicle and also specify the
routes for the movement of such vehicles to transport the faecal
sludge and septage for decanting in the identified places.
Tamil Nadu Act 28
of 1978
(2) The operation and movement of specified vehicles for
the purpose of transportation of faecal sludge or septage, to the
places identified for decantation and matters connected thereto,
shall be regulated in accordance with the provisions of the Chennai
Metropolitan Water Supply and Sewerage Act, 1978.”.
.
146
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
PART – III.
AMENDMENTS TO THE TAMIL NADU DISTRICT
MUNICIPALITIES ACT, 1920.
Insertion of new
section 81-B.
4. After section 81-A of the Tamil Nadu District Municipalities
Act, 1920 (hereinafter referred to as the principal Act), the following
section shall be inserted, namely:—
Tamil Nadu Act V
of 1920.
“81-B. Enhancement of property tax.— The municipal council
may, by resolution, enhance property tax at such rate, within the
minimum and maximum rates as may be notified by the Government,
from time to time.”.
Insertion of new
Chapter VIII-A.
5. After Chapter VIII of the the principal Act, the following
Chapter shall be inserted, namely:—
“CHAPTER VIII-A.
FAECAL SLUDGE AND SEPTAGE.
161-A. Definitions.— For the purpose of this Chapter:—
(a) “disposal facility” means the arrangement made for the
scientific treatment and disposal of faecal sludge and septage, as
may be prescribed;
(b) “licencing authority”, in relation to a municipality and a town
panchayat, means the Commissioner of the municipality and the
Executive Officer of the town panchayat, respectively;
(c) “faecal sludge” means raw or partially digested, in a slurry or
semi solid form, of combinations of excreta and black water, with or
without grey water ;
(d) “licencee” means any person who holds a licence granted
under this Chapter;
(e) “occupier” means the person who occupies a building or
part thereof located within the municipal or town panchayat limits and
includes a person in possession of such building;
(f) “owner” means the person who owns a building or part thereof
located within the municipal or town panchayat limits and includes a
lessee of such building;
(g) “septage” means the liquid and solid material, that has
accumulated or is contained, in a septic tank or cesspool;
(h) “specified vehicle” means a vacuum truck or such other
vehicle equipped with motorised pumps and storage tank of such
specification, as may be approved from time to time, under the Motor
Vehicles Act, 1988, for collecting and transporting faecal sludge and
septage;
Central Act
59 of 1988.
(i) “worker” means any person engaged by a licencee for
collection, transportation and disposal of faecal sludge and septage.
161-B. Licence for collection, transportation and disposal of
faecal sludge and septage.— (1) No person shall collect, transport
or dispose faecal sludge or septage from any building, whether used
for residential or commercial or institutional purposes, within the
municipal or town panchayat limits without a valid licence:
147
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Provided that no such licence is necessary for the collection,
transportation and disposal of faecal sludge or septage by any local
authority or statutory board of the Government.
(2) Any person who intends to collect, transport or dispose
faecal sludge or septage shall apply to the licencing authority for
grant of licence in such form, containing such particulars, documents
and with such fee not exceeding two thousand rupees, as may be
prescribed.
(3) Within thirty days from the date of receipt of an application
under sub-section (2), the licencing authority may either grant the
licence subject to such terms and conditions, as may be prescribed
or refuse to grant licence, by recording the reason therefor.
(4) The licence granted under sub-section (3) shall be valid for
a period of two years from the date of issue.
(5) Application for renewal of licence shall be made to the
licencing authority, thirty days before the date of its expiry, in such
form together with such fee not exceeding two thousand rupees, as
may be prescribed.
(6) The time limit and procedure contained in sub-section (3)
shall equally apply for renewal of licence.
161-C. Removal of faecal sludge and septage by owner or
occupier.— The owner or occupier, as the case may be, of a building
or part thereof located within the municipal or town panchayat limits
shall,—
(a) ensure construction of the septic tank or such on-site
sanitation system conforming to the requirements of the National
Building Code, 2016;
(b) conduct regular desludging as per the design and operations
requirement of the septic tank or the on-site sanitation system as
per the National Building Code, 2016;
(c) ensure that no person other than a licencee is engaged or
caused to be engaged for the collection, transportation or disposal of
faecal sludge and septage from his building;
Central Act
25 of 2013.
(d) ensure that no person is engaged or employed, either
directly or indirectly for hazardous cleaning of a septic tank or on-site
sanitation system, as prohibited in the Prohibition of Employment as
Manual Scavengers and their Rehabilitation Act, 2013.
161-D. Duties of a licencee.— Every licencee shall,—
(a) follow the terms and conditions in regard to the time, route
and decantation place, as may be specified in the licence;
(b) pay decantation fee not exceeding five hundred rupees per
trip as may be prescribed, for usage of the disposal facility or the
decantation place;
(c) maintain a log book in the prescribed format for recording
of each trip undertaken for collection, transportation and disposal of
faecal sludge and septage and submit it to the licencing authority
before the 10th day of every quarter in a year;
148
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(d) ensure that the specified vehicle is equipped with a Global
Positioning System as may be prescribed and also ensure that the
Global Positioning System instrument is functional and transmitting
the data without any interruption.
161-E. Monitoring of desludging operations and prohibition
of unsafe disposal.— (1) The licencing authority shall notify in the
District Gazette and upload in the website or portal,-
(a) the places for decanting the faecal sludge or septage;
(b) the list of licencees and update them periodically; and
(c) a mechanism for filing complaints or reporting violations
against the licencees.
(2) In the event of receipt of information of spillage of septage,
the licencing authority shall immediately direct the licencee or the
person in-charge of the specified vehicle to take action to contain the
septage, minimise the environmental impact and remove all septage
immediately from the site of spillage.
(3) The licencing authority shall appoint such officers not lower
in rank than that of Sanitary Inspector, to monitor the activities of the
licencees within the municipal or town panchayat limits by means
such as inspection or Global Positioning System fitted in the specified
vehicles, to prevent disposal of faecal sludge and septage in places
other than those identified for decanting.
161-F. Penalties.— If any person contravenes or fails to comply
with, any of the provisions of this Chapter or the rules made under this
Act or of the terms and conditions subject to which the licence has
been granted, shall be punishable for the first offence with fine, which
may extend to twenty five thousand rupees and for the second or any
subsequent offence, which may extend to fifty thousand rupees.
161-G. Power to suspend or cancel licence.— (1) The
licencing authority may suspend the licence, if the licencee commits
breach of any of the terms and conditions of licence or any of the
provisions of this Chapter.
(2) The licencing authority may cancel the licence, if the
licencee is imposed with penalty for the second offence under this
Chapter:
Provided that before passing an order of cancellation of licence,
an opportunity of making a representation within a period of fifteen
days shall be given to the licencee.
161-H. Power to seize and confiscate vehicles, articles,
etc.— (1) Notwithstanding anything contained in this Act or in any
other law for the time being in force, where an offence under this
Chapter is believed to have been or is being committed, any officer
in Revenue department, not lower in rank than that of a Tahsildar, in
the case of Town Panchayats and the Commissioner in the case of
Municipalities, may seize any vehicle or other articles including
motor, pump, tube, tool or equipment used for the commission of
such offence and shall without unreasonable delay, produce the
same before the officer, authorised in this behalf by the Government.
149
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(2) Where any such vehicle or other article is produced
before the authorised officer and if he is satisfied that an offence
under this Chapter has been committed, the authorised officer may,
whether or not prosecution is instituted for such offence, he may,
without prejudice to any other punishment to which the offender is
liable under this Chapter, order confiscation of the vehicle or the
articles so seized:
Provided that before passing an order of confiscation, the owner
or the person from whom such vehicle or article is seized, shall be
given—
(a) notice in writing informing him of the grounds on which it
is proposed to confiscate;
(b) an opportunity of making a representation in writing and
an opportunity of being heard in the matter.
(3) Where the authorised officer, after passing an order of
confiscation under sub-section (2), is of the opinion that it is expedient
in the public interest so to do, he may order the confiscated vehicle or
the articles, to be sold by public auction.
(4) Where any confiscated property is sold under sub-section
(3), and where the order of confiscation made under this section is
set aside or annulled by an order under section 161-I, the proceeds
of such sale, after deduction of the expenses of, or incidental to,
such auction, shall be paid to the owner thereof or to the person from
whom it was seized, as may be specified in such order.
161-I. Appeal.— (1) Any person aggrieved by an order made
under sections 161-G and 161-H may appeal within such period and
in such manner, and to such authority as may be prescribed.
(2) In deciding the appeal, the authority specified under sub-
section (1) shall follow such procedure, as may be prescribed, and
the decision of such authority on such appeal shall be final and shall
not be called in question in any Court of law.”.
PART–IV.
AMENDMENTS TO THE MADURAI CITY MUNICIPAL
CORPORATION ACT, 1971.
Tamil Nadu Act
15 of 1971.
6. After section 121 of the Madurai City Municipal Corporation
Act, 1971 (hereinafter referred to as the principal Act), the following
section shall be inserted, namely:—
Insertion of new
section121-A.
“121-A. Enhancement of property tax.— The council may, by
resolution, enhance property tax at such rate, within the minimum
and maximum rates as may be notified by the Government, from
time to time.”.
7. After Chapter VIII of the principal Act, the following Chapter
shall be inserted, namely:—
Insertion of new
Chapter VIII-A.
150
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
“CHAPTER VIII-A.
FAECAL SLUDGE AND SEPTAGE.
235-A. Definitions.— For the purpose of this Chapter,—
(a) “disposal facility” means the arrangement made for the
scientific treatment and disposal of faecal sludge and septage, as
may be prescribed;
(b) “licencing authority” means the Commissioner of the
Madurai City Municipal Corporation;
(c) “faecal sludge” means raw or partially digested, in a
slurry or semi solid form, of combinations of excreta and black water,
with or without grey water ;
(d) “licencee” means any person who holds a licence
granted under this Chapter;
(e) “occupier” means the person who occupies a building
or part thereof located within the corporation limits and includes a
person in possession of such building;
(f) “owner” means the person who owns a building or part
thereof located within the corporation limits and includes a lessee of
such building;
(g) “septage” means the liquid and solid material, that has
accumulated or is contained, in a septic tank or cesspool;
(h) “specified vehicle” means a vacuum truck or such other
vehicle equipped with motorised pumps and storage tank of such
specification, as may be approved from time to time, under the Motor
Vehicles Act, 1988, for collecting and transporting faecal sludge and
septage;
Central Act
59 of 1988.
(i) “worker” means any person engaged by a licencee for
collection, transportation and disposal of faecal sludge and septage.
235-B. Licence for collection, transportation and disposal of
faecal sludge and septage.— (1) No person shall collect, transport
or dispose faecal sludge or septage from any building, whether used
for residential or commercial or institutional purposes within the
Corporation limits without a valid licence:
Provided that no such licence is necessary for the collection,
transportation and disposal of faecal sludge or septage by any local
authority or statutory board of the Government.
(2) Any person who intends to collect, transport or dispose
faecal sludge or septage shall apply to the licencing authority for
grant of licence in such form, containing such particulars, documents
and with such fee not exceeding two thousand rupees, as may be
prescribed.
(3) Within thirty days from the date of receipt of an application
under sub-section (2), the licencing authority may either grant the
licence subject to such terms and conditions, as may be prescribed
or refuse to grant licence, by recording the reason therefor.
(4) The licence granted under sub-section (3) shall be valid for
a period of two years from the date of issue.
151
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(5) Application for renewal of licence shall be made to the
licencing authority, thirty days before the date of its expiry, in such
form together with such fee not exceeding two thousand rupees, as
may be prescribed.
(6) The time limit and procedure contained in sub-section (3)
shall equally apply for renewal of licence.
235-C. Removal of faecal sludge and septage by owner or
occupier.— The owner or occupier, as the case may be, of a building
or part thereof located within the Corporation limits shall,—
(a) ensure construction of the septic tank or such on-site
sanitation system conforming to the requirements of the National
Building Code, 2016;
(b) conduct regular desludging as per the design and operations
requirement of the septic tank or the on-site sanitation system as per
the National Building Code, 2016;
(c) ensure that no person other than a licencee is engaged or
caused to be engaged for the collection, transportation or dispoal of
faecal sludge and septage from his building;
(d) ensure that no person is engaged or employed, either
directly or indirectly for hazardous cleaning of a septic tank or on-site
sanitation system, as prohibited in the Prohibition of Employment as
Manual Scavengers and their Rehabilitation Act, 2013.
Central Act
25 of 2013.
235-D. Duties of a licencee.— Every licencee shall,—
(a) follow the terms and conditions in regard to the time, route
and decantation place, as may be specified in the licence;
(b) pay decantation fee not exceeding five hundred rupees per
trip as may be prescribed, for usage of the disposal facility or the
decantation place;
(c) maintain a log book in the prescribed format for recording
of each trip undertaken for collection, transportation and disposal of
faecal sludge and septage and submit it to the licencing authority
before the 10th day of every quarter in a year;
(d) ensure that the specified vehicle is equipped with a Global
Positioning System as may be prescribed and also ensure that the
Global Positioning System instrument is functional and transmitting
the data without any interruption.
235-E. Monitoring of desludging operations and prohibition
of unsafe disposal.— (1) The licencing authority shall notify in the
District Gazette and upload in the website or portal,-
(a) the places for decanting the faecal sludge or septage;
(b) the list of licencees and update them periodically; and
(c) a mechanism for filing complaints or reporting violations
against the licencees.
152
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(2) In the event of receipt of information of spillage of septage,
the licencing authority shall immediately direct the licencee or the
person in-charge of the specified vehicle to take action to contain the
septage, minimise the environmental impact and remove all septage
immediately from the site of spillage.
(3) The licencing authority shall appoint such officers not lower
in rank than that of Sanitary Inspector, to monitor the activities of the
licencees within the corporation limits by means such as inspection or
Global Positioning System fitted in the specified vehicles, to prevent
disposal of faecal sludge and septage in places other than those
identified for decanting.
235-F. Penalties.— If any person contravenes or fails to comply
with, any of the provisions of this Chapter or the rules made under
this Act or of the terms and conditions subject to which the licence has
been granted, shall be punishable for the first offence with fine which
may extend to twenty five thousand rupees and for the second or
any subsequent offence, which may extend to fifty thousand rupees.
235-G. Power to suspend or cancel licence.— (1) The
licencing authority may suspend the licence, if the licencee commits
breach of any of the terms and conditions of licence or any of the
provisions of this Chapter.
(2) The licencing authority may cancel the licence, if the licencee
is imposed with penalty for the second offence under this Chapter:
Provided that before passing an order of cancellation of licence,
an opportunity of making a representation within a period of fifteen
days shall be given to the licencee.
235-H. Power to seize and confiscate specified vehicles,
articles, etc.— (1) Notwithstanding anything contained in this Act or
in any other law for the time being in force, where an offence under
this Chapter is believed to have been or is being committed, any
officer not lower in rank than that of an Assistant Commissioner of
the Corporation, may seize any vehicle or other articles including
motor, pump, tube, tool or equipment used for the commission of
such offence and shall without unreasonable delay, produce the
same before the officer, authorised in this behalf by the Government.
(2) Where any such vehicle or other article is produced before
the authorised officer and if he is satisfied that an offence under this
Chapter has been committed, the authorised officer may, whether
or not prosecution is instituted for such offence, he may, without
prejudice to any other punishment to which the offender is liable
under this Chapter, order confiscation of the vehicle or the articles
so seized:
Provided that before passing an order of confiscation, the owner
or the person from whom such vehicle or article is seized, shall be
given—
(a) notice in writing informing him of the grounds on which it
is proposed to confiscate;
(b) an opportunity of making a representation in writing and
an opportunity of being heard in the matter.
153
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(3) Where the authorised officer, after passing an order of
confiscation under sub-section (2), is of the opinion that it is expedient
in the public interest so to do, he may order the confiscated vehicle or
the articles, to be sold by public auction.
(4) Where any confiscated property is sold under sub-section
(3), and where the order of confiscation made under this section is
set aside or annulled by an order under section 235-I, the proceeds
of such sale, after deduction of the expenses of, or incidental to,
such auction, shall be paid to the owner thereof or to the person from
whom it was seized, as may be specified in such order.
235-I. Appeal.— (1) Any person aggrieved by an order made
under sections 235-G and 235-H may appeal within such period and
in such manner, and to such authority as may be prescribed.
(2) In deciding the appeal, the authority specified under
sub-section (1) shall follow such procedure, as may be prescribed,
and the decision of such authority on such appeal shall be final and
shall not be called in question in any Court of law.”.
PART–V.
AMENDMENTS TO THE COIMBATORE CITY MUNICIPAL
CORPORATION ACT, 1981.
Tamil Nadu Act
25 of 1981.
8. After section 122 of the Coimbatore City Municipal Corporation
Act, 1981 (hereinafter referred to as the principal Act), the following
section shall be inserted, namely:—
Insertion of new
section 122-A.
“122-A. Enhancement of property tax.— The council may, by
resolution, enhance property tax at such rate, within the minimum
and maximum rates as may be notified by the Government, from
time to time.”.
9. After Chapter VIII of the principal Act, the following Chapter
shall be inserted, namely:—
Insertion of new
Chapter VIII-A.
“CHAPTER VIII-A.
FAECAL SLUDGE AND SEPTAGE.
235-A. Definitions.— For the purpose of this Chapter,—
(a) “disposal facility” means the arrangement made for the
scientific treatment and disposal of faecal sludge and septage, as
may be prescribed;
(b) “licencing authority” means the Commissioner of the
Coimbatore City Municipal Corporation;
(c) “faecal sludge” means raw or partially digested, in a slurry or
semi solid form, of combinations of excreta and black water, with or
without grey water ;
(d) “licencee” means any person who holds a licence granted
under this Chapter;
(e) “occupier” means the person who occupies a building or part
thereof located within the Corporation limits and includes a person in
possession of such building;
154
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(f) “owner” means the person who owns a building or part thereof
located within the Corporation limits and includes a lessee of such
building;
(g) “septage” means the liquid and solid material, that has
accumulated or is contained, in a septic tank or cesspool;
(h) “specified vehicle” means a vacuum truck or such other
vehicle equipped with motorised pumps and storage tank of such
specification, as may be approved from time to time, under the Motor
Vehicles Act, 1988, for collecting and transporting faecal sludge and
septage;
Central Act 59 of
1988.
(i) “worker” means any person engaged by a licencee for
collection, transportation and disposal of faecal sludge and septage.
235-B. Licence for collection, transportation and disposal of
faecal sludge and septage.— (1) No person shall collect, transport
or dispose faecal sludge or septage from any building, whether used
for residential or commercial or institutional purposes within the
corporation limits without a valid licence:
Provided that no such licence is necessary for the collection,
transportation and disposal of faecal sludge or septage by any local
authority or statutory board of the Government.
(2) Any person who intends to collect, transport or dispose
faecal sludge or septage shall apply to the licencing authority for
grant of licence in such form, containing such particulars, documents
and with such fee not exceeding two thousand rupees, as may be
prescribed.
(3) Within thirty days from the date of receipt of an application
under sub-section (2), the licencing authority may either grant the
licence subject to such terms and conditions, as may be prescribed
or refuse to grant licence, by recording the reason therefor.
(4) The licence granted under sub-section (3) shall be valid for
a period of two years from the date of issue.
(5) Application for renewal of licence shall be made to the
licencing authority, thirty days before the date of its expiry, in such
form together with such fee not exceeding two thousand rupees, as
may be prescribed.
(6) The time limit and procedure contained in sub-section (3)
shall equally apply for renewal of licence.
235-C. Removal of faecal sludge and septage by owner or
occupier.— The owner or occupier, as the case may be, of a building
or part thereof located within the corporation limits shall,—
(a) ensure construction of the septic tank or such on-site
sanitation system conforming to the requirements of the National
Building Code, 2016;
(b) conduct regular desludging as per the design and operations
requirement of the septic tank or the on-site sanitation system as per
the National Building Code, 2016;
(c) ensure that no person other than a licencee is engaged or
caused to be engaged for the collection, transportation or disposal of
faecal sludge and septage from his building;
155
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Central Act
25 of 2013.
(d) ensure that no person is engaged or employed, either
directly or indirectly for hazardous cleaning of a septic tank or on-site
sanitation system, as prohibited in the Prohibition of Employment as
Manual Scavengers and their Rehabilitation Act, 2013.
235-D. Duties of a licencee.— Every licencee shall,—
(a) follow the terms and conditions in regard to the time, route
and decantation place, as may be specified in the licence;
(b) pay decantation fee not exceeding five hundred rupees per
trip as may be prescribed, for usage of the disposal facility or the
decantation place;
(c) maintain a log book in the prescribed format for recording
of each trip undertaken for collection, transportation and disposal of
faecal sludge and septage and submit it to the licencing authority
before the 10th day of every quarter in a year;
(d) ensure that the specified vehicle is equipped with a Global
Positioning System as may be prescribed and also ensure that the
Global Positioning System instrument is functional and transmitting
the data without any interruption.
235-E. Monitoring of desludging operations and prohibition
of unsafe disposal.— (1) The licencing authority shall notify in the
District Gazette and upload in the website or portal,-
(a) the places for decanting the faecal sludge or septage;
(b) the list of licencees and update them periodically; and
(c) a mechanism for filing complaints or reporting violations
against the licencees.
(2) In the event of receipt of information of spillage of septage,
the licencing authority shall immediately direct the licencee or the
person in-charge of the specified vehicle to take action to contain the
septage, minimise the environmental impact and remove all septage
immediately from the site of spillage.
(3) The licencing authority shall appoint such officers not lower
in rank than that of Sanitary Inspector, to monitor the activities of the
licencees within the corporation limits by means such as inspection
or Global Positioning System fitted in specified vehicles, to prevent
disposal of faecal sludge and septage in places other than those
identified for decanting.
235-F. Penalties.— If any person contravenes or fails to comply
with, any of the provisions of this Chapter or the rules made under
this Act or of the terms and conditions subject to which the licence
has been granted, shall be punishable for the first offence with fine
which may extend to twenty five thousand rupees and for the second
or any subsequent offence, which may extend to fifty thousand
rupees.
235-G. Power to suspend or cancel licence.— (1) The
licencing authority may suspend the licence, if the licencee commits
breach of any of the terms and conditions of licence or any of the
provisions of this Chapter.
(2) The licencing authority may cancel the licence, if the
licencee is imposed with penalty for the second offence under this
Chapter:
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Provided that before passing an order of cancellation of licence,
an opportunity of making a representation within a period of fifteen
days shall be given to the licencee.
235-H. Power to seize and confiscate specified vehicles,
articles, etc.— (1) Notwithstanding anything contained in this Act or
in any other law for the time being in force, where an offence under
this Chapter is believed to have been or is being committed, any
officer not lower in rank than that of an Assistant Commissioner of
the Corporation, may seize any vehicle or other articles including
motor, pump, tube, tool or equipment used for the commission of
such offence and shall without unreasonable delay, produce the
same before the officer, authorised in this behalf by the Government.
(2) Where any such vehicle or other article is produced before
the authorised officer and if he is satisfied that an offence under this
Chapter has been committed, the authorised officer may, whether
or not prosecution is instituted for such offence, he may, without
prejudice to any other punishment to which the offender is liable
under this Chapter, order confiscation of the vehicle or the articles
so seized:
Provided that before passing an order of confiscation, the owner
or the person from whom such vehicle or article is seized, shall be
given—
(a) notice in writing informing him of the grounds on which it
is proposed to confiscate;
(b) an opportunity of making a representation in writing and
an opportunity of being heard in the matter.
(3) Where the authorised officer, after passing an order of
confiscation under sub-section (2), is of the opinion that it is expedient
in the public interest so to do, he may order the confiscated vehicle or
the articles, to be sold by public auction.
(4) Where any confiscated property is sold under sub-section
(3), and where the order of confiscation made under this section is
set aside or annulled by an order under section 235-I, the proceeds
of such sale, after deduction of the expenses of, or incidental to, such
action, shall be paid to the owner thereof or to the person from whom
it was seized, as may be specified in such order.
235-I. Appeal.— (1) Any person aggrieved by an order made
under sections 235-G and 235-H may appeal within such period and
in such manner, and to such authority as may be prescribed.
(2) In deciding the appeal, the authority specified under sub-
section (1) shall follow such procedure, as may be prescribed, and
the decision of such authority on such appeal shall be final and shall
not be called in question in any Court of law.”.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
PART–VI.
AMENDMENT TO THE CHENNAI METROPOLITAN WATER
SUPPLY AND SEWERAGE ACT, 1978.
Insertion of new
Chapter VI-A.
10. After Chapter VI of the Chennai Metropolitan Water Supply
and Sewerage Act, 1978, the following Chapter shall be inserted,
namely:—
Tamil Nadu Act
28 of 1978.
“CHAPTER VI-A.
FAECAL SLUDGE AND SEPTAGE.
69-A. Definitions.— For the purpose of this Chapter,—
(a) “disposal facility” means the arrangement made for the
scientific treatment and disposal of faecal sludge and septage, as
may be prescribed;
(b) “licencing authority” means the Managing Director;
(c) “faecal sludge” means raw or partially digested, in a slurry or
semi solid form, of combinations of excreta and black water, with or
without grey water ;
(d) “licencee” means any person who holds a licence granted
under this Chapter;
(e) “septage” means the liquid and solid material, that has
accumulated or is contained, in a septic tank or cesspool;
Central Act
59 of 1988.
(f) “specified vehicle” means a vacuum truck or such other
vehicle equipped with motorised pumps and storage tank of such
specification, as may be approved from time to time, under the Motor
Vehicles Act, 1988, for collecting and transporting faecal sludge and
septage;
(g) “worker” means any person engaged by a licencee for
collection, transportation and disposal of faecal sludge and septage.
69-B. Licence for collection, transportation and disposal of
faecal sludge and septage.— (1) No person shall collect, transport
or dispose faecal sludge or septage from any building, whether used
for residential or commercial or institutional purposes within the
Chennai Metropolitan Area without a valid licence:
Provided that no such licence is necessary for the collection,
transportation and disposal of faecal sludge or septage by any local
authority or statutory board of the Government.
(2) Any person who intends to collect, transport or dispose
faecal sludge or septage shall apply to the licencing authority for
grant of licence in such form, containing such particulars, documents
and with such fee not exceeding two thousand rupees, as may be
prescribed.
(3) Within thirty days from the date of receipt of an application
under sub-section (2), the licencing authority may either grant the
licence subject to such terms and conditions, as may be prescribed
or refuse to grant licence, by recording the reason therefor.
(4) The licence granted under sub-section (3) shall be valid for
a period of two years from the date of issue.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(5) Application for renewal of licence shall be made to the
licensing authority, thirty days before the date of its expiry, in such
form together with such fee not exceeding two thousand rupees, as
may be prescribed.
(6) The time limit and procedure contained in sub-section (3)
shall equally apply for renewal of licence.
69-C. Removal of faecal sludge and septage by owner or
occupier.— The owner or occupier, as the case may be, of a building
or part thereof located within the Chennai Metropolitan Area shall,—
(a) ensure construction of the septic tank or such on-site
sanitation system conforming to the requirements of the National
Building Code, 2016;
(b) conduct regular desludging as per the design and operations
requirement of the septic tank or the on-site sanitation system as per
the National Building Code, 2016;
(c) ensure that no person other than a licencee is engaged or
caused to be engaged for the collection, transportation and disposal
of faecal sludge and septage from his building;
(d) ensure that no person is engaged or employed, either
directly or indirectly for hazardous cleaning of a septic tank or on-site
sanitation system, as prohibited in the Prohibition of Employment as
Manual Scavengers and their Rehabilitation Act, 2013.
Central Act
25 of 2013.
69-D. Duties of a licencee.— Every licencee shall,—
(a) follow the terms and conditions in regard to the time, route
and decantation place, as may be specified in the licence;
(b) pay decantation fee not exceeding five hundred rupees per
trip as may be prescribed, for usage of the disposal facility or the
decantation place;
(c) maintain a log book in the prescribed format for recording
of each trip undertaken for collection, transportation and disposal of
faecal sludge and septage and submit it to the licencing authority
before the 10th day of every quarter in a year;
(d) ensure that the specified vehicle is equipped with a Global
Positioning System as may be prescribed and also ensure that the
Global Positioning System instrument is functional and transmitting
the data without any interruption.
69-E. Monitoring of desludging operations and prohibition
of unsafe disposal.— (1) The licencing authority shall notify in the
District Gazette and upload in the website or portal,-
(a) the places for decanting the faecal sludge or septage;
(b) the list of licencees and update them periodically; and
(c) a mechanism for filing complaints or reporting violations
against the licencees.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(2) In the event of receipt of information of spillage of septage,
the licencing authority shall immediately direct the licencee or the
person in-charge of the specified vehicle to take action to contain the
septage, minimise the environmental impact and remove all septage
immediately from the site of spillage.
(3) The licencing authority shall appoint such officers not lower
in rank than that of Sanitary Inspector, to monitor the activities of
the licencees within the Chennai Metropolitan Area through means
such as inspection or Global Positioning System fitted in specified
vehicles, to prevent disposal of faecal sludge and septage in other
than the places identified for decanting.
69-F. Penalties.— If any person contravenes or fails to comply
with, any of the provisions of this Chapter or the rules made under
this Act or of the terms and conditions subject to which the licence has
been granted, shall be punishable for the first offence with fine which
may extend to twenty five thousand rupees and for the second or
any subsequent offence, which may extend to fifty thousand rupees.
69-G. Power to suspend or cancel licence.— (1) The licencing
authority may suspend the licence, if the licencee commits breach of
any terms and conditions of licence or any of the provisions of this
Chapter.
(2) The licencing authority may cancel the licence, if the
licencee is imposed with penalty for the second offence under this
Chapter:
Provided that before passing an order of cancellation of licence,
an opportunity of making a representation within a period of fifteen
days shall be given to the licencee.
69-H. Power to seize and confiscate specified vehicles.—
(1) Notwithstanding anything contained in this Act or in any other
law for the time being in force, where an offence under this Chapter
is believed to have been or is being committed, any officer of the
Board, not lower in rank than that of an Executive Engineer, may
seize any vehicle or other article including motor, pump, tube, tool
or equipment used for the commission of such offence and shall
without any unreasonable delay, produce the same before the officer,
authorised in this behalf by the Government.
(2) Where any such vehicle or other article is produced
before the authorised officer and if he is satisfied that an offence
under this Chapter has been committed, the authorised officer may,
whether or not a prosecution is instituted for such offence, he may,
without prejudice to any other punishment to which the offender is
liable under this Chapter, order confiscation of the vehicle or the
articles so seized:
Provided that before passing an order of confiscation, the owner
or the person from whom such vehicle or article is seized, shall be
given—
(a) notice in writing informing him on the grounds on which
it is proposed to confiscate;
(b) an opportunity of making a representation in writing and
an opportunity of being heard in the matter.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(3) Where the authorised officer, after passing an order of
confiscation under sub-section (2), is of the opinion that it is expedient
in the public interest so to do, he may order the confiscated vehicle or
the articles to be sold by public auction.
(4) Where any confiscated property is sold under sub-section
(3), and where the order of confiscation made under this section is
set aside or annulled by an order under section 69-I, the proceeds of
such sale, after deduction of the expenses of, or incidental to, such
auction, shall be paid to the owner thereof or to the person from
whom it was seized, as may be specified in such order.
69-I. Appeal.— (1) Any person aggrieved by an order made
under sections 69-G and 69-H may, within such period and in such
manner, as may be prescribed, appeal to such authority as the
Government may, by notification, specify in this behalf.
(2) In deciding the appeal, the authority specified under sub-
section (1) shall follow such procedure, as may be prescribed, and
the decision of such authority on such appeal shall be final and shall
not be called in question in any Court of law.”.
(By Order of the Governor)
C. GOPI RAVIKUMAR,
Secretary to Government (Legislation),
Law Department.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
The following Act of the Tamil Nadu Legislative Assembly received
the assent of the Governor on the 17th Jue 2022 and is hereby published
for general information:—
ACT No. 35 OF 2022.
An Act to revive and further to amend the Tamil Nadu Urban
Local Bodies Act, 1998.
Be it enacted by the Legislative Assembly of the State of Tamil Nadu
in the Seventy-third Year of the Republic of India as follows:—
1.
(1) This Act may be called the Tamil Nadu Urban Local Bodies
(Amendment) Act, 2022.
Short title and
commence-
ment.
(2) It shall come into force on such date as the State Government
may, by notification, appoint.
Tamil Nadu Act
9 of 1999.
2.
In section 2 of the Tamil Nadu Urban Local Bodies Act, 1998
(hereinafter referred to as the principal Act), —
Amendment of
section 2.
(1) in clauses (6), (7), (11), (13) and (33) for the expression
“municipality”, wherever it occurs, the expression “municipal council” shall
be substituted;
(2) in clause (9), for sub-clause (a), the following sub-clause shall
be substituted, namely:—
“(a) any company as defined in the Companies Act, 2013,
(Central Act 18 of 2013) including any foreign company within the meaning
of clause (42) of section 2 of that Act;”;
(3) for clause (19), the following clause shall be substituted,
namely:—
“(19) “municipality” with its grammatical variation means the
municipal corporation or the municipal council or the town panchayat
constituted or deemed to have been constituted under this Act;”.
(4) after clause (28), the following clause shall be inserted,
namely:--
“(28-A) “prescribed” means prescribed in the rules made under
this Act;”.
3.
In section 3 of the principal Act,—
Amendment of
section 3.
(1) in sub-section (1),—
(a) for clause (a), the following clause shall be substituted,
namely:—
“(a) a “town panchayat”, a transitional area, that is to
say, an area in transition from a rural area to an urban area, where the
population is estimated at not less than ten thousand and the annual
income is not less than thirty lakhs of rupees; ”;
(b) in clause (b), for the expression “municipality”, the
expression “municipal council” shall be substituted;
(c) in clause (c), for the expression “five lakhs”, the
expression “three lakhs” shall be substituted;
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(2) in sub-section (2), —
(a) in clause (b), for the expression “forty-five days”, the
expression “six weeks” shall be substituted;
(b) after clause (h), the following clauses shall be added,
namely: —
“(i) If any local area in which the Tamil Nadu Panchayats
Act, 1994 (Tamil Nadu Act 21 of 1994) is in force, is constituted as a town
panchayat under this Act, the President, Vice-President and members for
such local area, who are elected and holding office as such immediately
before the date of constitution of such local area as town panchayat, shall
be deemed to be the Chairperson, Deputy Chairperson and Councillors
of such town panchayat under this Act and such Chairperson, Deputy
Chairperson and members shall continue to hold office upto the date on
which their term of office would expire under the Tamil Nadu Panchayats
Act, 1994 (Tamil Nadu Act 21 of 1994) and shall exercise all powers
conferred on, and perform all duties assigned to, them under this Act;
(j) If any town panchayat is constituted as municipal
council or any municipal council is constituted as municipal corporation
under this Act, the Chairperson, Deputy Chairperson and Councillors of
such town panchayat or municipal council, who are elected and holding
office as such immediately before the date of constitution of such municipal
council or municipal corporation under this Act, shall be deemed to be
the Chairperson, Deputy Chairperson and Councillors of such municipal
council or Mayor, Deputy Mayor and Councillors of such municipal
corporation and shall continue to hold office as such upto the date on which
their term of office would expire under this Act and such Chairperson,
Deputy Chairperson and Councillors shall exercise all powers conferred
on, and perform all duties assigned to, them under this Act;
(k) If any local area in which the Tamil Nadu Panchayats
Act, 1994 (Tamil Nadu Act 21 of 1994) is in force, is included in a town
panchayat or municipal council or municipal corporation, as the case may
be, the President, Vice-President and members of such local area, who are
elected and holding office as such immediately before the date of inclusion
in the town panchayat or municipal council or municipal corporation, as
the case may be, shall continue to hold office as such upto the date on
which their term of office would expire under the Tamil Nadu Panchayats
Act, 1994 (Tamil Nadu Act 21 of 1994) and such President, Vice- President
and members shall exercise all such powers conferred on, and perform
all such duties assigned to, them under the Tamil Nadu Panchayats Act,
1994 (Tamil Nadu Act 21 of 1994) subject to such conditions as may be
prescribed;
(l) If any area in which this Act is in force, is included in
a town panchayat or municipal council or municipal corporation, as the
case may be, the Chairperson, Deputy Chairperson and Councillors of
such local area who are elected and holding office as such immediately
before the date of inclusion in the town panchayat or municipal council or
municipal corporation, as the case may be, shall continue to hold office as
such upto the date on which the term of office would expire under this Act
and such Chairperson, Deputy Chairperson and Councillors shall exercise
all such powers conferred on, and perform all such duties assigned to
them under this Act subject to such conditions as may be prescribed.”.
Amendment of
section 4.
4.
In section 4 of the principal Act, for sub-section (1), the following
sub-sections shall be substituted, namely:—
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
“(1) The town panchayats and municipal councils constituted
under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act
V of 1920) shall be deemed to have been constituted and incorporated
under this Act and are hereby declared to be the town panchayats and
municipal councils, as the case may be, by their respective names and in
their respective areas;
(1-A) The following municipal corporations shall be deemed to
have been constituted and incorporated under this Act and are hereby
declared to be the municipal corporations by their respective names and
in their respective areas, namely :–
(i) the Municipal Corporation of Chennai constituted under
the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of
1919);
(ii) the Municipal Corporation of Madurai constituted under
the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of
1971);
(iii) the Municipal Corporation of Coimbatore constituted
under the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu
Act 25 of 1981);
(iv) the Municipal Corporation of Tiruchirapalli constituted
under the Tiruchirapalli City Municipal Corporation Act, 1994 (Tamil Nadu
Act 27 of 1994);
(v) the Municipal Corporation of Tirunelveli constituted under
the Tirunelveli City Municipal Corporation Act, 1994 (Tamil Nadu Act 28 of
1994);
(vi) the Municipal Corporation of Salem constituted under
the Salem City Municipal Corporation Act, 1994 (Tamil Nadu Act 29 of
1994);
(vii) the Municipal Corporation of Tiruppur constituted under
the Tiruppur City Municipal Corporation Act, 2008 (Tamil Nadu Act 7 of
2008);
(viii) the Municipal Corporation of Erode constituted under
the Erode City Municipal Corporation Act, 2008 (Tamil Nadu Act 8 of 2008);
(ix) the Municipal Corporation of Vellore constituted under
the Vellore City Municipal Corporation Act, 2008 (Tamil Nadu Act 26 of
2008);
(x) the Municipal Corporation of Thoothukudi constituted
under the Thoothukudi City Municipal Corporation Act, 2008 (Tamil Nadu
Act 27 of 2008);
(xi) the Municipal Corporation of Thanjavur constituted under
the Thanjavur City Municipal Corporation Act, 2013 (Tamil Nadu Act 24 of
2013);
(xii) the Municipal Corporation of Dindigul constituted under
the Dindigul City Municipal Corporation Act, 2013 (Tamil Nadu Act 25 of
2013);
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(xiii) the Municipal Corporation of Hosur constituted under
the Hosur City Municipal Corporation Act, 2019 (Tamil Nadu Act 10 of
2019);
(xiv) the Municipal Corporation of Nagercoil constituted
under the Nagercoil City Municipal Corporation Act, 2019 (Tamil Nadu Act
11 of 2019);
(xv) the Municipal Corporation of Avadi constituted under the
Avadi City Municipal Corporation Act, 2019 (Tamil Nadu Act 24 of 2019);
(xvi) the Municipal Corporation of Cuddalore constituted
under the Cuddalore City Municipal Corporation Act, 2022 (Tamil Nadu
Act 1 of 2022);
(xvii)
the
Municipal
Corporation
of
Kancheepuram
constituted under the Kancheepuram City Municipal Corporation Act,
2022 (Tamil Nadu Act 2 of 2022);
(xviii) the Municipal Corporation of Sivakasi constituted
under the Sivakasi City Municipal Corporation Act, 2022 (Tamil Nadu Act
3 of 2022);
(xix) the Municipal Corporation of Karur constituted under
the Karur City Municipal Corporation Act, 2022 (Tamil Nadu Act 4 of 2022);
(xx) the Municipal Corporation of Tambaram constituted
under the Tambaram City Municipal Corporation Act, 2022 (Tamil Nadu
Act 5 of 2022) and
(xxi) the Municipal Corporation of Kumbakonam constituted
under the Kumbakonam City Municipal Corporation Act, 2022 (Tamil Nadu
Act 6 of 2022).”.
Amendment of
section 7.
5.
In section 7 of the principal Act, in sub-section (1), for the
expression “exclusive of its Chairperson”, the expression “inclusive of its
Chairperson” shall be substituted.
Amendment of
section 8.
6. In section 8 of the principal Act,—
(1) (a) in sub-section (6), for the expression “once in five years”,
the expression “once in ten years based on the last preceding census of
which the relevant figures have been published.” shall be substituted;
(b) to sub-section (6), as so amended, the following proviso
shall be added, namely: —
“Provided that where any area is included within the limits of a town
panchayat, municipal council or municipal corporation, as the case may
be, the delimitation of wards for such area shall be completed before the
next ordinary election.”.
(2) after sub-section (6) as so amended, the following sub-section
shall be added, namely: —
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
“(7) Notwithstanding anything contained in this section, the
Government may, for delimitation of wards of the municipality, act on the
recommendations of the Delimitation Commission constituted under the
Tamil Nadu Delimitation Commission Act, 2017 (Tamil Nadu Act 23 of
2017).”.
7. In section 11 of the principal Act, the provisos shall be omitted.
Amendment of
section 11.
8. In section 12 of the principal Act, —
(1) for the expression “Councillor or Chairperson”, wherever it
occurs, including the marginal heading, the expression “Councillor” shall
be substituted;
Amendment of
section 12.
(2) in sub-section (1), after clause (c), the following clause shall
be added, namely:-
“(d) if he is a member of the Legislative Assembly or a
member of either House of Parliament.”;
(3) in sub-section (2), for the expression “any contract”, the
expression “any subsisting contract” shall be substituted;
(4) in sub-section (6), in clause (c), in the first proviso, for item (iv)
excluding the proviso thereunder, the following item shall be substituted,
namely: —
“(iv) any company or association, whether incorporated or not,
which contracts with the municipality for supply of any goods or services:”;
9. After section 12 of the principal Act, as so amended, the following
sections shall be inserted, namely:–
Insertion of new
section 12-A.
“12-A. Grant of paid holiday to employees on the day of poll.–
(1) Every person employed in any business, trade, industrial undertaking
or any other establishment and entitled to vote at the municipal election
shall, on the day of poll, be granted a paid holiday.
(2) No deduction or abatement of the wages of any such person
shall be made on account of a holiday having been granted in accordance
with sub-section (1) and if such person is employed on the basis that he
would not ordinarily receive wages for such a day, he shall nonetheless be
paid for such day the wages he would have drawn had not a holiday been
granted to him, on that day.
(3) If an employer contravenes the provisions of sub-section
(1) or sub-section (2), then, such employer shall be punishable with fine
which may extend to five thousand rupees.
(4) This section shall not apply to any person whose absence
may cause danger or substantial loss in respect of the employment in
which he is engaged.”.
10. In section 16 of the principal Act, in sub-section (2), for the
expression “two hundred and fifty rupees”, the expression “two thousand
rupees” shall be substituted.
Amendment of
section 16.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Amendment of
section 19.
11. In section 19 of the principal Act, in sub-section (1), for the
expression “an assistant returning officer”, the expression “an assistant
returning officer or zonal officer” shall be substituted.
Amendment of
section 20.
12. In section 20 of the principal Act, in sub-section (2), for the
expression “two hundred and fifty rupees”, the expression “two thousand
rupees” shall be substituted.
Amendment of
section 23.
13. In section 23 of the principal Act, in sub-section (2), for the
expression “two hundred and fifty rupees”, the expression “two thousand
rupees” shall be substituted.
Amendment of
section 25.
14. In section 25 of the principal Act, for the expression “ballot paper”,
occurring in three places including marginal heading, the expression
“ballot paper or voting machine” shall be substituted.
Insertion of new
section 34-A.
15. After section 34 of the principal Act, the following section shall be
inserted, namely: —
“34-A. Furnishing of information on property.— Every
Chairperson, Deputy Chairperson or Councillor shall, within ninety days
from the date on which he makes or subscribes an oath or affirmation for
taking his seat, furnish the following information, in such form and manner
as may be prescribed:—
(a) the movable and immovable properties of which he,
his spouse and his dependent children are jointly or severally owners or
beneficiaries;
(b) his liabilities to any public financial institution; and
(c) his liabilities to the Central Government or State
Government or to any municipality.”.
Amendment of
section 35.
16. In section 35 of the principal Act, in sub-section (1), after the
expression “the Government”, the expression “or the Tamil Nadu State
Election Commission” shall be inserted.
Amendment of
section 37.
17. In section 37 of the principal Act,—
(1) in sub-sections (4) and (5), for the expression “not be less
than one third”, the expression “not be less than fifty per cent” shall be
substituted;
(2) after sub-section (6), the following sub-section shall be
inserted, namely:—
“(6-A) While determining the number of seats in every
municipality for the purpose of reservation, any fraction which is less than
half shall be disregarded and half and more than half shall be regarded as
one.”.
Amendment of
section 38.
18. In section 38 of the principal Act,—
(1) in sub-section (1), in clause (b), for the expression “not be
less than one third”, the expression “not be less than fifty per cent” shall
be substituted;
(2) after sub-section (1), as so amended, the following sub-
section shall be inserted, namely:—
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
“(1-A) While determining the number of offices of the Mayor for
the purpose of reservation, any fraction which is less than half shall be
disregarded and half and more than half shall be regarded as one.”.
19. In section 39 of the principal Act,—
Amendment of
section 39.
(1) in sub-section (1), in clause (b), for the expression “not be
less than one third”, the expression “not be less than fifty per cent” shall
be substituted;
(2) in sub-section (2), for the expression “not be less than one
third”, the expression “not be less than fifty per cent” shall be substituted;
(3) after sub-section (2), as so amended, the following sub-
section shall be inserted, namely:—
“(2-A) While determining the number of offices of Chairperson of
the municipal councils for the purpose of reservation, any fraction which
is less than half shall be disregarded and half and more than half shall be
regarded as one.”.
(4) in sub-section (4), in clause (b), for the expression “not be
less than one third”, the expression “not be less than fifty per cent” shall
be substituted;
(5) in sub-section (5), for the expression “not be less than one
third”, the expression “not be less than fifty per cent” shall be substituted;
(6) after sub-section (5), as so amended, the following sub-
section shall be inserted, namely:—
“(5-A) While determining the number of offices of the
Chairperson of the town panchayats for the purpose of reservation, any
fraction which is less than half shall be disregarded and half and more
than half shall be regarded as one.”.
20. In section 40 of the principal Act,—
Amendment of
section 40.
(1) in sub-section (1),—
(a) for clause (iii), the following clause shall be substituted,
namely:—
“(iii) protection of water bodies vested with municipalities;”;
(b) in clause (iv), for the expression “and drainage schemes”,
the expression “drainage schemes and septage management” shall be
substituted;
(c) for clauses (v) and (vi), the following clauses shall be
substituted, namely:—
“(v) control of stray dogs;
(vi) control of vector including mosquito;”;
(d) in clause (viii), for the expression “dangerous trades”, the
expression “trades” shall be substituted;
(e) in clause (xiii), the expression “electric” shall be omitted;
(f) in clause (xix), the expression “liquid waste and used water
management” shall be added at the end;
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(g) for clause (xviii), the following clause shall be substituted,
namely:—
“(xviii) maintenance of public markets, shops, shopping
complexes, bus stands, bus shelters, rest houses, public toilets and
community toilets;”;
(h) in clause (xxii), for the expression “hoardings”, the expression
“hoardings, digital banners, placards” shall be substituted;
(i) for clause (xxiv), the following clauses shall be substituted,
namely:—
“(xxiv) organisation of fairs and exhibitions and regulation of
private fairs and exhibitions;
(xxv) selection and approval of works under municipal fund
and allocation of contribution from municipal fund to specified schemes;
and
(xxvi) any other duty or function assigned to the municipalities
by the Government.”;
(2) in sub-section (2), in clause (vii), for the expression
“handicapped and mentally retarded”, the expression “street vendors and
persons with disabilities” shall be substituted;
(3) in sub-section (3), after clause (vii) including the Explanation
thereunder, the following clause shall be added, namely:—
“(viii) to require the Commissioner to produce any document
in his custody.”.
Insertion of new
section 43-A.
21. After section 43 of the principal Act, the following section shall be
inserted, namely:—
“43-A. Chairperson, Deputy Chairperson and Councillor
when to abstain from taking part in discussion and voting.— (1) No
Councillor including Chairperson or Deputy Chairperson or any person
referred to in clauses (ii) and (iii) of sub-section (1) of section 37 shall
vote on, or take part in the discussion of any question coming up for
consideration at a meeting of the council or of any standing committee or
wards committee or any other committee, if the question is one in which,
apart from its general application to the public, he has any direct or indirect
pecuniary interest by himself or his partner.
(2) The Chairperson may prohibit any Councillor or such persons
from voting on or taking part in the discussion of any matter in which the
Councillor or such persons is believed to have any pecuniary interest, or
he may require the Councillor or such persons to absent himself during
the discussion.
(3) Such Councillor or such persons may challenge the decision
of the Chairperson, who shall thereupon place the question at the meeting
of the council and the decision of the council thereon shall be final.
(4) If the Chairperson is alleged to have any pecuniary interest in
any matter under discussion by any Councillor or by such persons present
at the meeting, he shall, on the motion of such allegation, if carried out,
absent himself from the meeting during the discussion.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(5) The Councillor referred to in sub-section (2) shall not be
entitled to vote on the question referred to in sub-section (3) and the
Chairperson concerned shall not be entitled to vote on the motion referred in
sub-section (4).
Explanation.— In this section, ‘Chairperson’ includes a Deputy
Chairperson or Councillor presiding a meeting of the council.”.
22. In section 44 of the principal Act,—
Amendment of
section 44.
(1) for sub-section (1), the following sub-section shall be
substituted, namely:—
“(1) The Council shall at its first meeting after each ordinary
election to the Council elect one of its Councillors to be the Chairperson.”;
(2) sub-section (2) shall be omitted;
(3) for sub-section (5), the following sub-section shall be
substituted, namely:—
“(5) The Chairperson shall be deemed to have vacated his
office on cessation of his office as a councillor.”.
23. In section 45 of the principal Act, in clause (d), for the expression
“other scheme”, the expression “other schemes financed from Municipal
Fund” shall be substituted;
Amendment of
section 45.
24. After section 46 of the principal Act, the following sections shall
be inserted, namely:—
Insertion of new
sections 46-A
and 46-B.
“46-A. Re-eligibility of Chairperson and Deputy Chairperson.—
An outgoing Chairperson or Deputy Chairperson is eligible for re-election.
46-B. Chairperson, Deputy Chairperson or Councillor to obtain
permission to undertake trip to foreign country. — No person holding
the office of Chairperson, Deputy Chairperson or Councillor shall undertake
any trip to any foreign country in his official capacity as such, except with
the permission of the Government.”.
25. After section 49 of the principal Act, the following sections shall be
inserted, namely:—
Insertion of new
sections 49-A
to 49-H.
“49-A. Constitution of standing committees.— (1) There
shall be constituted by the Government, by notification, such numbers
of standing committees, not exceeding six, as may be specified in the
notification for the purpose of exercising such powers and discharging
such duties or performing such functions as the council may delegate to
them.
(2) The composition of standing committee, method of
appointment of Chairman and term of office of members and Chairman of
the standing committees shall be such as may be prescribed.
49-B. Delegation of powers to Commissioner by standing
committee.— (1) In any case in which it is provided by this Act that the
Commissioner may take action subject to the approval, sanction, consent
or concurrence of a standing committee, such standing committee may,
by resolution in writing, authorise him to take action in anticipation of its
approval, sanction, consent or concurrence, subject to such conditions, as
may be specified in such resolution.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(2) Whenever the Commissioner, in pursuance of such resolution
takes any action in anticipation of the approval, sanction, consent or
concurrence of a standing committee, he shall inform such standing
committee of the fact in its next meeting.”.
49-C. Constitution of Ward Sabha.— (1) There shall be
constituted by the council, a Ward Sabha for each ward within the
municipal area.
(2) Each Ward Sabha shall consist of the Councillor of the
municipality representing the ward and as many number of nominated
members as may be prescribed, from among the persons registered in the
electoral rolls of the ward and nominated by the council.
(3) The number of, qualification for, the nominated members and
the procedure of nomination shall be such as may be prescribed.
49-D. Term of office of Chairman of Ward Sabha.— (1) The
Councillor representing the ward in the municipality shall be the Chairman
of that Sabha.
(2) The Chairman shall vacate the office as soon as he ceases to
be a Councillor.
49-E. Functions and duties of Ward Sabha.— (1) The functions
and duties of the Ward Sabha, and the procedure to be adopted by such
Sabha for transaction of its business shall be such as may be prescribed.
(2) The duration of the Ward Sabha shall be co-extensive with
the duration of the council.
49-F. Constitution of Area Sabha.— (1) There shall be
constituted by the council, an Area Sabha for each area in a ward in the
municipal area.
(2) Each ward shall consist of such number of Area Sabhas not
exceeding ten, as may be prescribed.
(3) An Area Sabha shall comprise of the entire geographical
territory in which all the persons registered in the electoral rolls pertaining
to one or more polling booths in such territory are ordinarily resident.
(4) Each Area Sabha shall consist of the elected Councillor of the
ward and all the persons registered in the electoral rolls of the area.
49-G. Term of office of Chairman of Area Sabha.— (1)
The Councillor of the Ward shall be the Chairman and convener of the
Area Sabha.
(2) The duration of the Area Sabha shall be co-terminus with the
duration of the council.
49-H. Functions and duties of Area Sabha.— The
functions and duties of the Area Sabha, and the procedure to be adopted
for transaction of its business shall be such as may be prescribed.”.
Amendment of
section 50.
26. In section 50 of the principal Act, in sub-section (1), in clause
(ii), for the expression “from the Chairperson”, the expression “from the
Chairperson or the Commissioner” shall be substituted.
Substitution of
section 51.
27. For section 51 of the principal Act, the following section shall be
substituted, namely:—
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
“51. Motion of no-confidence in Chairperson or Deputy
Chairperson.— (1) Subject to the provisions of this section, a motion
expressing want of confidence in the Chairperson or Deputy Chairperson
may be made in accordance with the procedure laid down herein.
(2) Written notice of intention to make the motion, in such form as
may be specified by the Government, signed by such number of Councillors
as shall constitute not less than three-fifth of the sanctioned strength of
the Council together with a copy of the motion which is proposed to be
made, shall be delivered in person to the Commissioner by any two of the
Councillors signing the notice.
(3) The Commissioner shall then convene a meeting for the
consideration of the motion, to be held at the Municipal Office, at a time
appointed by him which shall not be later than thirty days from the date on
which the notice under sub-section (2) is delivered to him. He shall give to
the Councillors, notice of not less than fifteen clear days of such meeting
and of the time appointed therefor.
(4) The Commissioner shall preside at the meeting convened
under this section, and no other person shall preside thereat. If within half
an hour after the time appointed for the meeting, the Commissioner is not
present to preside at the meeting, the meeting shall stand adjourned to a
time to be appointed and notified to the Councillors by the Commissioner
under sub-section (5).
(5) If the Commissioner is unable to preside at the meeting, he
may after recording his reasons in writing, adjourn the meeting to such
other time as he may appoint. The date so appointed shall not be later than
thirty days from the date appointed for the meeting under sub-section (3).
Notice of not less than seven clear days shall be given to the Councillors
of the time appointed for the adjourned meeting.
(6) Save as provided in sub-sections (4) and (5), a meeting
convened for the purpose of considering a motion under this section shall
not for any reason be adjourned.
(7) As soon as the meeting convened under this section has
commenced, the Commissioner shall read to the council, the motion for
the consideration of which it has been convened and declare it to be open
for debate.
(8) No debate on any motion under this section shall be adjourned.
(9) Such debate shall automatically terminate on the expiry of
two hours from the time appointed for the commencement of the meeting,
if it is not concluded earlier. Upon the conclusion of the debate or upon the
expiry of the said period of two hours, as the case may be, the motion shall
be put to vote of the council.
(10) The Commissioner shall not speak on the merits of the
motion, nor shall be entitled to vote thereon.
(11) A copy of the minutes of the meeting together with a copy
of the motion and the result of the voting thereon shall forthwith on the
termination of the meeting be forwarded by the Commissioner to the
Government.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(12) If the motion is carried out with the support of not less than
four-fifths of the sanctioned strength of the council, the Government shall,
by notification, remove the Chairperson or the Deputy Chairperson, as the
case may be.
(13) If the motion is not carried out by such a majority as aforesaid,
or if the meeting cannot be held for want of a quorum, no notice of
any subsequent motion expressing want of confidence in the same
Chairperson or the Deputy Chairperson shall be received until after the
expiry of one year from the date of the meeting.
(14) No notice of a motion under this section shall be received,—
(i) within one year of the assumption of office by the
Chairperson or Deputy Chairperson; or
(ii) during the last year of the term of office of the Chairperson
or the Deputy Chairperson.”.
Substitution of
section 52.
28. For section 52 of the principal Act, the following section shall be
substituted, namely:—
“52.
Government
to
remove
Councillor
or
Deputy
Chairperson or Chairperson.— (1) The Government may, by notification,
remove any councillor, Deputy Chairperson or Chairperson, who in their
opinion, wilfully omits or refuses to carry out or disobeys the provisions
of this Act or any rules, bye-laws, regulations or lawful orders issued
thereunder or abuses the powers vested in him.
(2) The Government shall, when they propose to take action under
sub-section (1), give the councillor, Deputy Chairperson or Chairperson
concerned an opportunity for explanation, and the notification issued
under the said sub-section shall contain a statement of the reasons of the
Government for the action taken.
(3) Any person removed under sub-section (1) from the office
of councillor, Deputy Chairperson or Chairperson shall not be eligible for
election to the said office until the date on which notice of the next ordinary
elections to the municipal council is published in the prescribed manner,
or the expiry of one year from the date specified in such notification,
whichever is later.”.
Amendment of
section 54.
29. In section 54, in sub-section (1), for the expression “District
Collector concerned or a senior officer of the Indian Administrative
Service”, the expression “the Commissioner or any other officer” shall be
substituted.
Amendment of
section 55.
30. In section 55 of the principal Act, to sub-section (1), after the
proviso, the following proviso shall be added, namely:—
“Provided further that in relation to a municipal council or a town
panchayat, the power of the Government under this section shall be
exercised by the Director.”.
Insertion of new
section 55-A.
31. After section 55 of the principal Act, the following section shall be
inserted, namely:—
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
“55-A. Adjudication of disputes between local authorities.— (1)
When a dispute exists between a council and one or more than one, other
local authority in regard to any matters arising under the provisions of
this or any other Act and the Government are of the opinion that the local
authorities concerned are unable to settle it amicably among themselves,
the Government may take cognizance of the dispute, and—
(a) decide it on its own volition; or
(b) refer it for inquiry and report to a joint committee constituted
under section 41 for the purpose.
(2) The report referred to in clause (b) of sub-section (1) shall be
submitted to the Government who shall decide the dispute in such manner
as they may deem fit.
(3) Any decision given, whether before or after this sub-section
comes into force, under clause (a) of sub-section (1) or under sub- section
(2) may, at the instance of the local authorities concerned, be modified
from time to time by the Government in such manner as they deem fit, and
any such decision with the modifications, if any, made therein under this
sub-section, may, at the instance of local authorities be cancelled at any
time by the Government. Any such decision or any modification therein
or cancellation thereof shall be binding on each of the local authorities
concerned and shall not be liable to be questioned in any Court of Law.
(4) The powers of the Government under this section shall, where
one of the local authorities concerned is a cantonment authority or the port
authority of a major port, only be exercisable with the concurrence of the
Central Government.”.
32. In section 57 of the principal Act, sub-section (5) shall be omitted.
Amendment of
section 57.
33. In section 61 of the principal Act, in sub-section (1),—
Amendment of
section 61.
(1) for the expression “The Director”, the expression “The
Director in respect of town panchayats and municipal councils and the
Government in respect of municipal corporations” shall be substituted;
(2) the proviso shall be omitted.
34. In section 62 of the principal Act, for sub-section (1), the following
sub-section shall be substituted, namely:—
Amendment of
section 62.
“(1) (a) All monies received by way of taxes, fees and other
charges, devolution funds, grants including those arising out of the
recommendations of the Finance Commissions by a municipality shall
constitute a fund which shall be called the “Municipal Fund” and shall be
applied, and disposed of, in accordance with the provisions of this Act and
the rules made thereunder;
(b) All monies received by way of loans, advances, contributions
and grants received for schemes or special schemes by a municipality
which are earmarked towards any projects or works shall be maintained
separately.”.
35. In section 66 of the principal Act, in sub-section (1), the following
expression shall be added at the end, namely:—
Amendment of
section 66.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
“subject to the revenue generation of the project, financial viability
and repayment capacity of the municipality.”.
Amendment of
section 71.
36. Section 71 of the principal Act, shall be renumbered as sub-
section (1) of that section and after sub-section (1) as so renumbered, the
following sub-sections shall be added, namely:—
“(2) The Budget documents after approval shall be uploaded in
designated websites or portals with the digital signature of the executive
authority. The allotment made on the Budget shall lapse at the end of
the year and the surplus shall not be transferred to Deposits or keeping
outside the account or resort to other appropriation of any kind.
(3) Without the prior approval of the Director, the council of the
municipality shall not approve any expenditure exceeding the budget
allocations, or exceeding the revenue of the municipality.”.
Amendment of
section 73.
37. In section 73 of the principal Act, after clause (ii), the following
clause shall be added, namely:—
“(iii) any property given in trust may be utilized with the approval
of the Government, for the objects other than the object for which it was
created, if the object of that trust has become impossible or impracticable.”.
Amendment of
section 74.
38. In section 74 of the principal Act, in sub-section (1), for the
expression “the Land Acquisition Act, 1894 (Central Act I of 1894)”, the
expression “the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of
2013) or any other State law” shall be substituted.
Insertion of new
section 75-A.
39. After section 75 of the principal Act, the following section shall be
inserted, namely:—
“75-A. Establishment of commercial projects.— The council
may, with the approval of the Government, either on its own or through
public or private participation mode, undertake the planning, construction,
operation, maintenance or management of commercial infrastructure
projects, including district centres, community and neighbourhood
shopping centres, industrial estates, bus or truck terminals and tourist
lodges with commercial complexes or any other type of commercial or
community project.”.
Amendment of
section 76.
40. In section 76 of the principal Act, for the expression “and such
monetary limit shall not exceed five crore of rupees” shall be omitted.
Amendment of
section 78.
41. In section 78 of the principal Act, —
(1) in sub-section (2), for the proviso, the following proviso shall
be substituted, namely:—
“Provided that where any municipal land or building is required
by the Central or State Government or any Central or State Public Sector
Undertaking for any public purpose, the council may permit the sale or
lease of such land or building.”;
(2) in sub-section (3),--
(a) for the expression “licence”, occurring in two places, the
expression “licence or lease” shall be substituted;
(b) for the expression “payment of fee”, the expression
“payment of fee or rent, as the case may be” shall be substituted.
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42. In section 80 of the principal Act, in sub-section (1), for item (e),
the following item shall be substituted, namely:—
Amendment of
section 80.
“(e) Company tax.”.
43. In section 81 of the principal Act, —
(1) after sub-section (1), the following sub-section shall be
inserted, namely:—
Amendment of
section 81.
“(1-A) The taxes shall be levied at such percentage of the
annual value of the building and land which is occupied by, or adjacent
and appurtenant to, the building or both as may be fixed by the council
based on the floor rates fixed by the Government;”;
(2) after sub-section (3), the following sub-section shall be added,
namely: —
“(4) The council shall not, reduce the rate at which the
property tax or any class of such tax is levied or abolish such tax except
with the previous sanction of the Government.”.
44. In section 82 of the principal Act,—
(1) in sub-section (1), for the expression “buildings and lands”,
the expression “lands, buildings, telecommunication towers and storage
structures built on, or attached to, land” shall be substituted;
(2) in sub-section (6), for the expression “rupees two hundred
and fifty”, the expression “two thousand rupees” shall be substituted.
Amendment of
section 82.
45. For sections 83, 84 and 85 of the principal Act, the following
sections shall be substituted, namely:—
Substitution of
sections 83,
84 and 85.
“83. Method of assessment and calculation of property
tax.— (1) Every building shall be assessed together with its site and
other adjacent premises occupied as an appurtenance thereto unless the
owner of the building is a different person from the owner of such site or
premises.
(2) The annual value of land and building shall be deemed to be
the gross annual rent at which they may reasonably be expected to be
let from month to month or from year to year less a deduction in the case
of building, of ten per cent of that portion of such annual rent which is
attributable to the building alone, apart from their sites and adjacent lands
occupied as an appurtenance thereto; and the said deduction shall be
in lieu of all allowances for repairs or on any other account whatever:
Provided that-
(a) in the case of any building of a class not ordinarily let, the
gross annual rent of which cannot, in the opinion of the Commissioner,
be estimated, the annual value of the premises shall be deemed to be six
per cent of the total of the estimated value of the land and the estimated
present cost of erecting the building after deduction for depreciation a
reasonable amount which shall in no case be less than ten per cent of
such cost ;
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(b) in the case of any building in any industrial estate wherein
essential amenities including water supply, drainage and lighting are not
provided by the municipality but provided by the Industries department of
the Government, the annual value of such building shall be deemed to be
four per cent of its capital value:
Provided that, if any question arises whether for the purposes of this
clause, essential amenities are provided by the Industries department or
other authority, it shall be decided by such authority as may be prescribed.
Explanation.- For the purpose of this clause, ‘industrial estate’ means
any area selected and developed by the Government or developed by any
other authority under the control of the Government, wherein any industry
or a class of industry are accommodated; and
(c) machinery and furniture shall be excluded from valuations
under this section.
(3) The Government shall have power to make rules regarding
the manner in which, the person or persons by whom and the intervals at
which, the value of the land, the present cost of erecting the building and
the amount to be deducted for depreciation, shall be estimated or revised,
in any case or class of cases to which clause (a) or clause (b) of the
proviso to sub-section (2) applies, and they may, by such rules, restrict or
modify the application of the provisions to such case or class of cases.
(4) The property tax calculated in pursuance of this section shall
be payable for every half-year and shall be paid by the owner or occupier
within the half-year period.
Explanation.— For the purpose of this sub-section, the expression
“half-year” shall be from the 1st day of April to the 30th day of September
and from the 1st day of October to the 31st day of March of a year.
(5) The Commissioner shall issue a property tax book containing
all the details of the building or land and the property tax payable in relation
to such building or land in such form as may be prescribed.
(6) (a) The council shall, in the case of lands which are not used
exclusively for agricultural purposes and are not occupied by, or adjacent
and appurtenant to, buildings, levy property tax on such lands at such rate
as it may fix, having regard to its location and subject to the minimum and
maximum rates per square feet as may be prescribed by the Government.
(b) Where there is any land with building situated within the
municipal limit, and if the extent of the land left vacant is twice the plinth
area of the building, the Commissioner shall determine the property tax on
the vacant land which exceeds twice the plinth area of the building at the
rate fixed by the council.
84. Incentive and penalty for payment of property tax.— (1) Five
per cent of the net property tax payable by an assessee, subject to a
maximum of five thousand rupees shall be granted as an incentive, who
has paid the property tax within thirty days from the date of commencement
of the half-year.
(2) After the completion of a half-year, if any property tax remains
unpaid, the assessee shall pay, in addition to the amount due, interest at
such rate not exceeding one per cent simple interest per month, as may
be prescribed.
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(3) Where the arrears amount are due to the municipality
consequent on the orders delivered by the Taxation Appeal Committee
or any court in the appeal preferred by the assessee, the assessee shall
pay the said amount with one per cent simple interest per month from the
due date of payment of the said amount, within thirty days from the date of
delivery of the order.”.
46. After section 86 of the principal Act, the following section shall be
inserted, namely:—
Insertion of new
section 86-A.
“86-A. Enhancement of property tax.— The council shall, by
resolution, enhance the property tax at such rate within the minimum
and maximum rates, as may be notified by the Government, from time to
time.”.
47. In section 87 of the principal Act,—
(1) for clause (c), the following clause shall be substituted,
namely:—
Amendment of
section 87.
“(c) buildings used for educational purpose including hostels
and libraries, run by the Central or State Government or municipality or
institution aided by the Government as approved by the council:
Provided that the buildings used for educational purpose by the
Government aided institutions for conducting self-financing courses shall
be subject to levy of property tax.”.
(2) for clause (e), the following clause shall be substituted,
namely:--
“(e) charitable hospitals and dispensaries, subject to the
guidelines as may be prescribed by the Government in this behalf, but not
including residential quarters attached thereto;”.
48. After section 91 of the principal Act, the following section shall be
inserted, namely:—
Insertion of new
section 91-A.
“91-A. Levy and collection of company tax.— The council may
levy company tax at a rate not exceeding ten thousand rupees per half-
year, as the council may determine and collect such tax in such manner
as may be prescribed.”.
49. Sections 92, 93 and 94 of the principal Act shall be omitted.
Omission of
sections 92, 93
and 94.
50. In section 98 of the principal Act, in sub-section (1), for the
expression “six months”, the expression “two years” shall be substituted.
Amendment of
section 98.
51. In section 100 of the principal Act,—
Amendment of
section 100.
(1) in sub-section (1),–
(a) in clause (ii), for the expression “municipality”, the
expression “municipal council” shall be substituted;
(b) after clause (ii), the following clause shall be inserted,
namely:—
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
“(iii) for every municipal corporation, consisting of the
Chairperson of the council who shall also be the Chairman of the Taxation
Appeals Committee and nine Councillors elected by the council with nine
officials as may be notified by the Government.”;
(c) in the proviso, for the expression “or the municipality”, the
expression “the municipal council or the municipal corporation” shall be
substituted;
(2) to sub-section (3), the following provisos shall be added, namely:–
“Provided that on and from the date of commencement of the
Tamil Nadu Urban Local Bodies (Amendment) Act, 2022, all matters and
proceedings pending before the Taxation Appeals Tribunal constituted
under the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu IV
of 1919) on the said date, shall stand transferred to the Chennai City
Civil Court or the Principal District Judge having jurisdiction over the area
of the Chennai City Municipal Corporation and Chennai city civil court
or the Principal District Judge shall proceed to deal with such matter or
proceeding from the stage at which it is transferred or from any earlier
stage or de novo as the Chennai City Civil Court or the Principal District
Judge may deem fit:
Provided further that an interim or interlocutory order granted by the
Taxation Appeals Tribunal shall continue to be in operation unless the
Chennai City Civil Court or the Principal District Judge by an order varies
or modifies the same.”;
(3) in sub-section (4), for the expression “town panchayat or
municipality” occurring in two places, the expression “town panchayat,
municipal council or municipal corporation” shall be substituted.
Omission of
section 101.
52. Section 101 of the principal Act shall be omitted.
Amendment of
section 102.
53. In section 102 of the principal Act, for sub-section (3), the following
sub-section and Explanation shall be substituted, namely:—
“(3) On receipt of such application, the Commissioner shall, if the
application is in order, grant licence:
Provided that the Commissioner may inspect the place in which the
trade or business is to be carried, if considered necessary:
Provided further that no application for grant of licence shall be
refused without giving a reasonable opportunity of being heard:
Provided also that if the application is not disposed of within a period
of sixty days from the date of its receipt, the licence applied therein shall
be deemed to have been grated on expiry of the said period.
Explanation.— For the purpose of this Chapter, the expression ‘trade
or business’ shall mean any category of shop, establishment, factory or
industry, as may be notified by the Government, from time to time.”.
Insertion of new
section 102-A.
54. After section 102 of the principal Act as so amended, the following
section shall be inserted, namely:—
“102-A. Power to carry out randomised inspection.— The
Commissioner may carry out a randomised inspection of any trade or
business for which licence has been granted under this Chapter in such
manner as may be prescribed.”.
Amendment of
section 107.
55. In section 107 of the principal Act, in sub-section (2), for the
expression “destroyed”, the expression “removed” shall be substituted.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
56. After section 108 of the principal Act, the following section shall
be inserted, namely:—
Insertion of new
section 108-A.
“108-A.Grant of licence for spa and massage parlours.— (1) No
place shall be used as a spa and massage parlour within the municipal
limit without a licence granted by the Commissioner.
(2) Any person desirous to carry on spa and massage parlour shall
apply to the Commissioner for obtaining licence in such Form, in such
manner and on payment of such fee, as may be prescribed.
(3) On receipt of an application under sub-section (2), the
Commissioner may, by order, after holding such inquiry as he deems fit,
grant the licence or, for reasons to be recorded in writing, refuse to grant
the licence after giving a reasonable opportunity of being heard. Such
licence may be renewed for a period not exceeding the period for which
it was granted.”.
57. Section 114 of the principal Act shall be renumbered as sub-
section (1) of that section and after sub-section (1) as so renumbered, the
following sub-section shall be added, namely:—
Amendment of
section 114.
“(2) In case the licencee continues to violate the conditions of licence,
or disobeys the order passed under sub-section (1), the Commissioner
may cause the premises of the business to be locked and sealed and also
initiate criminal action therefor.”.
58. After section 114 of the principal Act, the following section shall be
inserted, namely:--
“114-A. Consequences of failure to obtain licences, etc., or of
breach of the same.-- If under this Act, or any rule, bye-law or regulation
made thereunder, licence or permission is necessary for doing of any act
and if such act is done without such licence or permission or in a manner
inconsistent with the terms of any such licence or permission then, save
as otherwise provided for in this Act,--
(a) the Commissioner may, by notice, require the person so doing
such act to alter, remove or as far as practicable, restore to its original
state, the whole or any part of any property, movable or immovable, public
or private affected thereby within a time to be specified in the notice;
(b) the Commissioner or any officer duly authorized by him may also
enter into or on any building or land where such act is done and take all
such steps as may be necessary to prevent the continuance of such act;
and
(c) the person doing such act shall be liable on conviction before a
Judicial Magistrate to a fine not exceeding twenty-five thousand rupees for
every such offence.”.
Insertion of new
section 114-A.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Insertion of new
section 116-A.
59. After section 116 of the principal Act, the following section shall be
inserted, namely:--
“116-A. Recovery of Taxes.– (1) If the amount due on account
of any tax is not paid within fifteen days from the date of the service of
notice and if the person from whom the tax is due has not shown cause
to the satisfaction of the Commissioner why it should not be paid, the
Commissioner may, by following such procedure as may be prescribed,
recover by distraint under his warrant and sale of the movable and
immovable property of the defaulter or if the defaulter is the occupier of
any building or land in respect of which a tax is due, by distress and sale of
any movable property which may be found in or on such building or land,
the amount due on account of the tax together with such further sums as
will satisfy the probable charges that will be incurred in connection with the
detention and sale of the property so distrained:
Provided that the movable property described in the proviso to sub-
section (1) of Section 60 of the Code of Civil Procedure, 1908 (Central Act
V of 1908), shall not be liable to distraint.
(2) If for any reason the distraint, or sufficient distraint, of the
defaulter’s property is impracticable, the Commissioner may prosecute
the defaulter before a Judicial Magistrate.
(3) Nothing herein contained shall preclude the Municipality from
suing in a civil court for the recovery of any tax, duty or other amount due
to it under this Act.”.
Amendment of
section 117-B.
60. In section 117-B of the principal Act,—
(1) for sub-section (2) including the Table thereunder, the
following sub-section shall be substituted, namely:—
“(2) Each branch or unit of a company, Hindu undivided family,
firm, corporation or other corporate body, society, club, body of persons or
associations which transacts business and every person who is engaged
actively or otherwise in any profession, trade, calling or employment within
the municipal area on the first day of the half-year for which return is filed,
shall pay half yearly tax at the rates specified in such manner as may be
prescribed:
Provided that such rate of tax per employee shall not exceed two
thousand five hundred rupees per annum.”;
(2) in sub-section (4),—
(a) for the expression “Where a company or person”, the
expression “Where a branch or unit of a company, Hindu undivided family,
firm, corporation or other corporate body, society, club, body of persons or
association of persons” shall be substituted;
(b) for the expression “such company or person”, the expression
“such a branch or unit of a company, Hindu undivided family, firm,
corporation or other corporate body, society, club, body of persons or
association of persons” shall be substituted;
(3) sub-section (6) shall be omitted.
Amendment of
section 117-H.
61. In section 117-H of the principal Act, for clause (c) including the
proviso thereunder, the following clause shall be substituted, namely: —
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
“(c) persons with benchmark disability, as defined in clause
(r) of section 2 of the Rights of Persons with Disabilities Act, 2016
(Central Act 49 of 2016).”.
62. After Chapter VI-A of the principal Act, the following Chapter shall
be inserted, namely:—
Insertion of new
Chapter VI-B.
“CHAPTER VI-B.
Regulation of hoardings, digital banners and placards.
117-K. Definitions.— In this Chapter,—
(a) “digital banner” means any screen of boards, at any place,
whether public or private used or intended to be used for exhibiting any
advertisement or any information in connection with marriage, religious
ceremony, birth or death anniversary or meeting or conference of any
political, religious or communal organization, promotion of business,
designed and printed using electronic printing technology;
(b) “hoarding” means any screen of boards or any other structure
other than digital banner and placard, at any place, whether public or
private used or intended to be used for exhibiting advertisement, including
the frame work or other support, erected, wholly or in part upon or over
any land, building, wall or structure, or vehicle visible to public wholly or
partly;
(c) “placard” means any screen of boards, the size of which is
not exceeding eight feet in height and four feet in breadth, at any place,
whether public or private, used or intended to be used for exhibiting any
advertisement or any information in connection with marriage, religious
ceremony, birth or death anniversary or meeting or conference of any
political, religious or communal organization, promotion of business,
designed and printed using electronic printing technology.
117-L. Regulation of erection of hoardings.— (1) No hoarding
shall be erected at any place by any person without obtaining a licence
from the Commissioner.
(2) Every application for licence under sub-section (1) shall be
made to the Commissioner in such Form, containing such particulars, with
such application fee, as may be prescribed.
(3) The Commissioner may, after local inspection and on payment
of such licence fee not exceeding twenty thousand rupees per square
metre per year as may be prescribed, grant a licence with such conditions
as may be prescribed.
(4) The Commissioner may refuse to grant licence for reasons to
be recorded in writing:
Provided that a licence shall not be refused unless the applicant has
been given an opportunity for making his representation.
(5) Every licence granted under sub-section (3) shall be valid for
a period of three years and may be renewed.
(6) The fee paid under sub-sections (2) and (3) shall be credited
to the account of the municipality concerned, in such manner as may be
prescribed.
182
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
117-M. Regulation of erection of digital banners and
placards.— (1) No digital banner or placard for exhibiting any
advertisement or information shall be erected by any person without
obtaining prior permission from the Commissioner.
(2) Every application for permission under sub-section (1), shall
be made in writing, to the Commissioner fifteen days prior to the date
of erection of digital banner or placard in such Form, containing such
particulars with such fee, not exceeding ten thousand rupees per placard
or digital banner as may be prescribed.
(3) The permission for erection of digital banner or placard may
be granted for such purpose and for such period, not exceeding six days
and subject to such conditions as may be specified by the Commissioner.
(4) The Commissioner may refuse to grant permission for reasons
to be recorded in writing.
(5) Every person who has erected the digital banner or placard
after obtaining the permission, shall, on expiry of such permission,
remove the same and dispose it, without causing any hazard to health or
environment, in such manner as may be prescribed.
117-N. Power to suspend or cancel licence.— (1) Without
prejudice to any other penalty to which the licencee may be liable under
this Chapter, the Commissioner may, at any time, by order in writing,
cancel or suspend any licence granted or renewed under section 117-L,
if—
(a) such licence has been obtained by fraud, misrepresentation
or suppression of material particulars; or
(b) the licencee has contravened any of the provisions of this
Chapter or the rules made thereunder or any of the condition, subject to
which the licence was granted.
(2) Before canceling a licence under sub-section (1), the
Commissioner shall give the licencee, an opportunity of making his
representation.
117-O. Removal of unauthorized hoarding, digital banner or
placard.— Any hoarding erected without licence or any digital banner or
placard erected without permission, shall be confiscated and removed
by the Commissioner without giving any notice and recover the cost of
removal from the person who has erected the unauthorized hoarding,
digital banner or placard, as an arrear of land revenue.
117-P. Removal of hoarding, digital banner or placard in
certain other cases.— (1) Where any hoarding or digital banner or placard
is retained after the expiry of the licence or the period of permission, as
the case may be, or erected contrary to the conditions of the licence or
the permission, as the case may be, the Commissioner may, by notice in
writing, require the licencee or the permit holder to remove such hoarding
or digital banner or placard within such time as may be prescribed.
(2) Where the hoarding or digital banner or placard is not removed
within the time specified in the notice, the Commissioner shall, without
further notice, remove the same and recover the cost of removal from the
person concerned as an arrear of land revenue.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
117-Q. Exemption.— Nothing contained in this Chapter shall apply
to any hoarding, digital banner or placard on which is exhibited any
advertisement which relates to,—
(a) the trade or business carried on within the land or building
upon or over which such hoarding, digital banner or placard is erected
or to any sale or letting of such land or building or any effects therein or
to any sale, entertainment or meeting to be held upon or in such land or
building;
(b) the name of the land or building, upon or over which the
hoarding, digital banner or placard is erected or to the name of the owner
or occupier of such land or building:
Provided that the exemption under this section shall be subject to
such size and nature of the hoarding, digital banner or placard, as may be
prescribed.
117-R. Appeal.— (1) An appeal shall lie to such authority as may
be notified by the Government, from an order of refusal to grant or renew a
licence or cancelling or refusing to give permission by the Commissioner
under this Chapter within thirty days from the date of receipt of the order.
(2) The appeal shall be in such Form and in such manner and
shall be accompanied with such fee, as may be prescribed.
(3) On receipt of such appeal, the appellate authority may,
after making such inquiry as may be necessary and giving a reasonable
opportunity to the appellant to be heard, pass such order as it deems fit.
117-S. Power to grant rights to advertise in properties vested
with the municipality. —Subject to the provisions of the Tamil Nadu Open
Places (Prevention of Disfigurement) Act, 1959 (Tamil Nadu Act 2 of 1959)
or any other law for the time being in force, the Commissioner may grant
rights to any person or a class of persons or any institution or organization
to display advertisement on properties belonging to, or vested with, the
municipality on payment of fee as may be prescribed:
Provided that in the case of a private partner in Public Private
Partnership projects, the fee shall be adjusted against the cost incurred
by the private partner.
117-T. Prohibition of erection of certain hoardings, digital
banners or placards.— Notwithstanding anything contained in this Act or
in any other law for the time being in force or in any judgment, decree or
order of any court, tribunal or other authority,—
(a) (i) where any hoarding (other than traffic sign and road sign)
visible to the traffic on the road is hazardous and disturbance to the safe
traffic movement, so as to adversely affect free and safe flow of traffic and
which is in existence, the Commissioner shall by notice in writing, require
the licencee or any person in possession, of such hoarding, to remove
such hoarding within such time as may be specified in the notice:
Provided that such time shall not be less than fifteen days from the
date of issue of such notice;
(ii) where the hoarding referred to in sub-clause (i) is not removed
within the time specified in the notice, the Commissioner shall, without
further notice, remove such hoarding and recover the cost of removal from
the person concerned as an arrear of land revenue;
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(b) (i) where the Commissioner is satisfied that the erection of
any hoarding or the erection of digital banner or placard (other than traffic
sign and road sign) visible to the traffic on the road is hazardous and
disturbance to the safe traffic movement so as to adversely affect free
and safe flow of traffic, he shall not grant any licence or permission under
section 117-L or 117-M, as the case may be;
(ii) where any hoarding, or digital banner or placard is erected in
contravention of sub-clause (i), it shall be confiscated and removed by the
Commissioner without any notice and recover the cost of removal from the
person concerned as an arrear of land revenue.
117-U. Penalty.– Whoever contravenes any of the provisions
of this Chapter or any rule or order made thereunder or obstructs lawful
exercise of any power conferred by or under this Chapter shall be punished
with imprisonment for a term which may extend to three years or with fine
which may extend to twenty-five thousand rupees or with both:
Provided that whoever erects any digital banner or placard without
the permission of the Commissioner, shall be punished with imprisonment
for a term which may extend to one year or with fine which may extend to
five thousand rupees or with both.”.
Amendment of
section 120.
63. In section 120 of the principal Act,—
(1) in sub-section (5), after clause (iv), the following clause shall be
added, namely:—
“(v) if the promoter or owner of the land does not handover the
open space or the space reserved for roads along with the development
charges, prescribed.”;
(2) in sub-section (6) including the proviso thereto, for the
expression “the council”, occurring in two places, the expression “the
Commissioner” shall be substituted;
(3) after sub-section (7), the following sub-section shall be added,
namely:—
“(8) If any private street has been levelled, paved, metalled,
flagged, channelled, drained, conserved and lighted by the owners, such
street shall, on requisition of not less than three-fourth of the owners
thereof, be declared as public street.”.
Amendment of
section 121.
64. In section 121 of the principal Act,—
(1) in sub-section (2), the following expression shall be added at
the end, namely:—
“and recover the cost from the person on whom such notice is
served.”;
(2) after sub-section (2) as so amended, the following sub-section
shall be added, namely:—
“(3) Whoever makes a layout or a new private street without
the prior sanction of the Commissioner, shall on conviction be punishable
with imprisonment which may extend to one year and with fine which
may extend to one lakh rupees and in case of continuing contravention,
a further such sum which shall not exceed one thousand rupees per day
during which such contravention continues.”.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
65. In section 125 of the principal Act, in sub-section (3), for the
expression “the Land Acquisition Act, 1894 (Central Act I of 1894)”, the
expression “the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of
2013) or any other State Law” shall be substituted.
Amendment of
section 125.
66. After section 127 of the principal Act, the following section shall
be inserted, namely:—
“127-A. Promotion of urban forestry, planting of trees, parks
and playgrounds.— The Municipality shall take necessary steps for the
promotion of urban forestry, planting of trees, creation of public parks,
gardens and indoor and outdoor playgrounds for children and youth.”.
Insertion of new
section 127-A.
67. In section 128 of the principal Act,—
Amendment of
section 128.
(1) in sub-section (1), in clauses (a) and (b), for the expression
“land belonging to the municipality or the departments of the Central or
State Governments”, the expression “land belonging to or vested with the
municipality” shall be substituted;
(2) in sub-section (2),—
(a) for the expression “land belonging to the municipality or
the departments of the Central or State Governments”, the expression
“land belonging to or vested with the municipality” shall be substituted;
(b) for the expression “twenty thousand rupees”, the
expression “fifty thousand rupees” shall be substituted.
68. In section 131 of the principal Act shall be omitted.
Omission of
section 131.
69. In section 133 of the principal Act,—
Amendment of
section 133.
(1) in the marginal heading and in sub-sections (2) and (4), for
the expression “reconstruct”, the expression “reconstruct or demolish”
shall be substituted;
(2) in sub-section (5), for the expression “construction or
reconstruction”, the expression “construction, reconstruction or demolition”
shall be substituted.
70. In section 134 of the principal Act, for the expression “ten thousand
rupees”, the expression “one lakh rupees” shall be substituted.
Amendment of
section 134.
71. In section 135 of the principal Act, in sub-section (6), for the
expression “Commissioner may”, the expression “Commissioner may lock
and seal the building or” shall be substituted.
Amendment of
section 135.
72. For section 137 of the principal Act, the following section shall be
substituted, namely:—
Substitution of
section 137.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
“137. Clearing of fallen trees, structures, building material,
etc., in street.— If any obstruction is caused in any street by the fall
of trees, structures or fences or by stacking of building material, the
owner or occupier of the building concerned shall, within twelve hours
of the occurrence of such obstruction or within such further period as the
Commissioner may by notice allow, clear the street of such obstruction.
If the owner or the occupier of the building fails to comply with the notice,
the Commissioner shall clear the street of such obstruction and recover
the cost of removal from the owner or the occupier as an arrear of land
revenue. The Commissioner may also impose a fine not exceeding two
thousand rupees for having caused such obstruction in the street.
Insertion of new
sections 137-A
and 137-B.
73. After section 137 of the principal Act, the following sections shall
be inserted, namely:—
“137-A. Permission to construct swimming pool.— (1)
No swimming pool shall be constructed in any place, without obtaining
permission from the Commissioner.
(2) Every application for permission to construct a swimming pool
shall be made to the Commissioner and shall be accompanied by such fee
not exceeding rupees twenty-five thousand and such particulars as may
be prescribed.
(3) On receipt of an application under sub-section (2), the
Commissioner may, after making such enquiry as he deems necessary,
either grant or refuse to grant the permission. Every permission granted
shall be in such form and subject to such terms and conditions, as may be
prescribed.
(4) Where the Commissioner refuses to grant permission under
sub-section (3), he shall give reasons in writing for such refusal.
(5) Every owner or occupier of a building or land in which
a swimming pool is located, shall maintain the swimming pool in such
manner and follow such safety norms, as may be prescribed.
(6) Any person authorized by the Government in this behalf
may, subject to the provisions of section 190, enter into any building or
land in which a swimming pool is located, in order to make an enquiry or
inspection and may take any measure or do anything which may, in his
opinion, be necessary for the purpose of maintenance of the swimming
pool or for the safety of the persons using the swimming pool:
Provided that the Government shall authorize, for the purpose of this
sub-section, any officer,—
(i)
not below the rank of Joint Director in the Directorate of
School Education, in respect of swimming pools located in the premises
of schools;
(ii) not below the rank of Joint Director of the Directorate of
Collegiate Education, in respect of swimming pools located in the premises
of colleges and Universities:
Provided further that the Government may authorise different
persons for different classes of buildings or land in which swimming pools
are located.”.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
137-B. Provision of Rain Water Harvesting Structure.— (1) In
every building owned or occupied by the Government or a statutory body
or a company or an institution owned or controlled by the Government,
rain water harvesting structure shall be provided by the Government or by
such statutory body or company or other institution, as the case may be,
in such manner as may be prescribed.
(2) Every owner or occupier of a building shall provide rain water
harvesting structure in the building in such manner as may be prescribed.
Explanation.-- Where a building is owned or occupied by more than
one person, every such person shall be liable under this sub-section.
(3) Where the rain water harvesting structure is not provided as
required under sub-section (2), the Commissioner or any person authorised
by him in this behalf may, after giving notice to the owner or occupier of
the building, cause rain water harvesting structure to be provided in such
building and recover the cost of such provision along with the incidental
expense thereof in the same manner as property tax.
(4) Notwithstanding any action taken under sub-section (3),
where the owner or occupier of the building fails to provide the rain water
harvesting structure in the building, the water supply connection provided
to such building shall be disconnected till rain water harvesting structure
is provided.”.
74. In section 141 of the principal Act, for the expression “the
Government”, the expression “the District Collector” shall be substituted.
Amendment of
section 141.
75. In section 144 of the principal Act, for the expression “period of
one year”, the expression “period of five years” shall be substituted.
Amendment of
section 144.
76. In section 145 of the principal Act, in sub-section (2), the following
shall be added at the end, namely: —
“and may also lock and seal the building, if deemed necessary.”.
Amendment of
section 145.
77. After section 145 of the principal Act, the following sections shall
be inserted, namely:—
Insertion of new
sections 145-A
to 145-C.
“145-A. Power to prohibit change of authorized use
of Building.— (1) No person shall, without prior permission of the
Commissioner or otherwise than in conformity with the conditions of such
permission,—
(a) use or permit to be used, for the purpose not originally
authorised; or
(b) change or allow the change of use of building, other than
that specified in the sanctioned plan.
(2) Without prejudice to any other action that may be taken
against any person, whether owner or occupier, for contravention of
sub-section (1), the Commissioner may levy on such person such fine,
not exceeding one hundred rupees per square metre per month for the
area under unauthorized use throughout the period during which such
contravention continued.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
145-B. Power to prevent use of premises for specified
purpose in particular area for environmental reasons.— The
municipality or the Government or the District Collector may give notice of
its or his intention, to declare that in any area specified therein no person
shall, for environmental reasons stated therein, use any premises for any
of the purposes specified in that notice.
145-C. Completion certificate.— Every owner of a building
within one month after completion of the construction of building shall apply
to the competent authority for issue of completion certificate. The authority
shall inspect the building and on being satisfied that the construction is
as per the sanctioned plan, shall issue completion certificate within one
month from the date of application.”.
Amendment of
section 151.
78. In section 151 of the principal Act, for the expression “the
Collector”, the expression “the District Collector or any other officer” shall
be substituted.
Amendment of
section 154.
79. In section 154 of the principal Act, to sub-section (2), the following
proviso shall be added, namely:—
“Provided that no work beyond the municipal limit shall be undertaken
without obtaining the prior approval of the Government.”.
Amendment of
section 157.
80. In section 157 of the principal Act,—
(1) for the expression “fees”, wherever it occurs, the expression
“charges” shall be substituted;
(2) after sub-section (2), the following sub-section shall be
inserted, namely:—
“(2-A) The council shall have the right to revise the charges
every year and in case of new water supply scheme, the charges shall
be collected or revised based on the expenditure incurred thereto in the
manner as may be prescribed.”.
Amendment of
section 159.
81. In section 159 of the principal Act, after sub-section (2), the
following sub-section shall be added, namely:—
“(3) Where there is a sewerage system maintained by the
municipality, the council shall fix the charges and security deposit for
every house service connection, in accordance with the bye-laws framed
for the purpose.”.
Amendment of
section 161.
82. In section 161 of the principal Act, in sub-section (1), for the
expression “drainage” occurring in two places, the expression “drainage
or sewerage” shall be substituted.
Insertion of new
section 161-A.
83. After section 161 of the principal Act, the following section shall
be inserted, namely:—
“161-A. Trespass on premises connected with water supply or
sewerage.— (1) No person shall without permission enter upon any land
belonging to, or vested with, the municipality along which a conduit or pipe
runs or upon any premises connected with the water supply or sewerage.
(2) Without permission of the council no private building, wall or other
structure shall be erected and no private street shall be constructed over
any municipal water mains or drainage or sewerage mains.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(3) If any private building, wall or other structure is so erected or any
private street is so constructed, the council may cause the same to be
removed and recover the expenditure for such removal as an arrear of
land revenue.”.
84. After section 164 of the principal Act, the following sections shall
be inserted, namely:—
Insertion of new
sections 164-A
and 164-B.
“164-A. Grant of permit to sink well.— (1) No person shall,
either himself or through any person on his behalf, engage in sinking any
well in any area of the municipality for any purpose without obtaining a
permit from the Commissioner:
Provided that this sub-section shall not apply for sinking of well for
domestic purpose:
Provided further that this sub-section shall not apply to the “Scheduled
area” as defined in clause (g) of section 2 of the Chennai Metropolitan
Area Groundwater (Regulation) Act, 1987 (Tamil Nadu Act 27 of 1987).
(2) Any person desiring to sink a well shall apply to the
Commissioner, for grant of permit for this purpose and shall not proceed
with any activity connected with such sinking of well, unless a permit has
been granted by the Commissioner.
(3) Every application for grant of permit shall be made in such
form and contain such particulars as may be prescribed, and shall be
accompanied by such fee not exceeding ten thousand rupees, as may be
prescribed.
(4) On receipt of an application under sub-section (2), the
Commissioner may grant, subject to such conditions and restrictions as
he may specify, a permit authorising to sink well or refuse to grant such
permit:
Provided that no permit shall be refused unless the applicant has
been given an opportunity of being heard.
(5) The decision regarding the grant or refusal to grant the permit
shall be intimated by the Commissioner to the applicant within such period
as may be prescribed.
(6) Any person aggrieved by the decision of the Commissioner
under sub-section (5) may, within such period and in such manner as
may be prescribed, appeal to such authority as may be specified by the
Government, by notification, in this behalf.
(7) The owner of every well in use or disuse shall follow such
safety measures, as may be prescribed.
164-B. Grant of certificate of registration to carry on
business of sinking well.— (1) Every person desiring to carry on the
business of sinking well in any area in the municipality shall apply to the
District Collector for grant of a certificate of registration:
Provided that this section shall not apply to the “Scheduled area” as
defined in clause (g) of section 2 of the Chennai Metropolitan Area Ground
Water (Regulation) Act,1987 (Tamil Nadu Act 27 of 1987).
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(2) Every application for grant of a certificate of registration shall
be made in such form and contain such particulars as may be prescribed
and shall be accompanied by such fee not exceeding twenty thousand
rupees, as may be prescribed.
(3) On receipt of an application under sub-section (1), the District
Collector may grant, subject to such conditions and restrictions as may be
specified, a certificate of registration or refuse to grant the certificate of
registration:
Provided that no certificate of registration shall be refused unless the
applicant has been given an opportunity of being heard.
(4) The decision regarding the grant or refusal to grant the
certificate of registration shall be intimated by the District Collector to the
applicant within such period as may be prescribed.
(5) Any person aggrieved by the decision of the District Collector
under sub-section (4) may, within such period and in such manner as
may be prescribed, appeal to such authority as may be specified by the
Government, by notification, in this behalf.
(6) Every person carrying on the business of sinking well shall,
while sinking a well or on completion of sinking a well, follow such safety
measures, as may be prescribed.
Explanation.— For the purpose of sections 164, 164-A and 164-B,—
(a) “sink” with all its grammatical variations and cognate
expressions includes digging, drilling, boring or deepening;
(b) “well” means a well sunk for search or extraction of groundwater
and includes an open well, dug well, bore well, dug-cum-bore well, tube well,
filter point, collection well or infiltration gallery, but does not include a well
sunk by the Government or Central Government for carrying out scientific
investigation, exploration, development or management work for the
survey and assessment of groundwater resources;
(c) “person” includes a company or association of individuals,
whether incorporated or not.”.
Amendment of
section 167.
85. In section 167 of the principal Act, the following expression shall
be added at the end, namely:—
“by following the standard operating procedure issued by the
Government, from time to time.”.
Amendment of
section 170.
86. In section 170 of the principal Act, in sub-section (2), the following
expression shall be added at the end, namely:—
“by serving a notice to the owner or occupier. In default, the
municipality shall carry out the work and recover the cost from the said
owner or occupier as an arrear of land revenue.”.
Amendment of
section 171.
87. In section 171 of the principal Act, —
(1) for the marginal heading, the following marginal heading shall
be substituted, namely:—
“Family welfare and small family norm.”.
(2) the expression “population control project” shall be omitted.
191
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
88. In section 172 of the principal Act, for the expression “the Council”,
the expression “the Commissioner” shall be substituted.
Amendment of
section 172.
89. In section 173 of the principal Act shall be renumbered as sub-
section (1) of that section and in sub-section (1) as so renumbered,—
Amendment of
section 173.
(1) in clause (b), for the expression “the Commissioner or a
Magistrate”, the expression “the Judicial Magistrate” shall be substituted;
(2) after clause (c), the following clause shall be added, namely:—
“(d) retain a corpse on any premises without cremating,
burying or otherwise lawfully disposing off, for more than such period and
in such manner, as may be prescribed;”;
(3) after sub-section (1), as so amended, the following sub-
sections shall be added, namely:—
“(2) If any place whether public or private, used as a crematorium
or burial ground is found to endanger public health or if any other place
is found to be overcrowded with burials or for any other reason to be
recorded, the Commissioner may, with the approval of the council, close
such crematorium or burial ground, by a notification in the District Gazette.
(3) Where sufficient modern crematoria are available in a
municipality, the council may, by notification, ban open cremation within
such municipal limit.”.
90. In section 175 of the principal Act,—
Amendment of
section 175.
(1) for sub-sections (1), (2) and (3), the following sub-sections
shall be substituted, namely:—
“(1) It shall be the duty of the council to keep any public place
clean, by adopting a system of collection of segregated waste at source,
transportation, processing and disposal of solid waste scientifically in
a place specifically allotted for this purpose as may be notified by the
municipality, either within or outside the municipal limit.
(2) All solid waste, rubbish and other materials collected by the
municipality shall be the property of the municipality. The public shall
segregate the solid waste at source and store in different containers
and dispose the same as prescribed in the rules. The municipality shall
provide appropriate facilities for the collection, storage, recycle, process
and dispose of segregated solid waste received from various sources.
(3) Where no proper drainage system is provided in the
municipal limit or in any part thereof, the municipality may make necessary
arrangements to collect, transport and to treat the collected drainage
water scientifically and dispose of the same in such manner as may be
prescribed.”;
(2) in sub-section (4), the proviso shall be omitted;
(3) in sub-section (5),—
(a) in clause (b), for the expression “compost manure”, the
expression “compost manure or bio-gas or electricity or any other product”
shall be substituted;
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(b) for clause (d), the following clause shall be substituted,
namely:—
“(d) incineration, deep burial, autoclave, multiclave, for
disposal of biomedical waste generated from the hospitals, nursing
homes, health care centres, diagnostic centres, medical laboratories and
non-industrial hazardous waste that may be notified by the Government,
from time to time.”;
(4) after sub-section (5) as so amended, the following sub-
sections shall be added, namely:—
“(6) It shall be the duty of the owners and the occupiers of all land
and buildings in the municipality to keep their premises neat and clean.
(7) The bio-medical waste from hospitals, nursing homes, health
care centres, clinics and diagnostic laboratories shall not be mixed with
municipal solid waste.
(8) The municipality shall establish a separate system for plastic
waste management including scientific processing and disposal as may
be prescribed.
(9) The municipality shall require the manufacturers or sellers
of electrical and electronic materials to establish collection centre or a
collection point or both, either individually or jointly, to collect, dispose or
recycle the e-waste as may be prescribed.
(10) The municipality shall collect the construction and demolition
waste arising out of a new construction, modification and alteration of
buildings separately and store in a specified area or process it as per
the rules as may be prescribed. The council shall levy fees or charges
from every construction and demolition waste generator for collection,
transportation, processing and disposal as may be prescribed.
(11) Any premises having insanitary latrines shall be demolished
by the municipality and recover the expenditure for such demolition as an
arrear of land revenue.
(12) No person shall spit in streets, public buildings or in any
other public place.”.
Amendment of
section 176.
91. In section 176 of the principal Act,—
(1) for sub-section (1), the following sub-section shall be substituted,
namely:—
“(1) The council may implement modern methods for
collection, storage, transportation, scientific processing and disposal of
solid waste as may be prescribed.”;
(2) after sub-section (2), the following sub-section shall be added,
namely:—
“(3) The bulk waste generators shall establish their own
processing facility for disposal of solid waste generated from their
premises. In default, the council may arrange for handling such waste
generated by the bulk waste generators by collecting such fee as may be
prescribed.”.
193
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
92. In section 177 of the principal Act,—
(1) in sub-section (2), for items (vi) and (vii), the following items
shall be substituted, namely:—
“(vi) as a public resort, or lodging house, or
(vii) as a marriage hall or shopping mall, or
(viii) as a religious place, ”.
Amendment of
section 177.
(2) after sub-section (3) including the proviso thereto, the
following sub-sections shall be added, namely:—
“(4) No person or owner or occupier of any land or building shall
litter or deposit solid waste or allow any filth to flow at any public place
or open land or otherwise dispose off the carcass other than the place
specified therefor.
(5) The municipality shall arrange for disposal of solid waste
generated from the religious places where a temple, mosque, church,
mutt, or any other place of religious importance, or institution or any place
used for religious purpose or fairs, festivals, mass events, exhibitions held
within the municipal limit based on the request in writing from the person
having control over such places with such charges as may be determined
by the council.
(6) The council shall levy user charges from all the waste
generators within the limit of municipality for disposal of solid waste.
(7) No person shall commit a nuisance by relieving himself or
defecate or urinate in any street or public place.
(8) The Commissioner shall levy spot fine as determined by
the council, from time to time, on the defaulters. Such spot fines may
be collected by officers, not below the rank of Sanitary Inspector duly
authorized by the municipality in this behalf.”.
93. After Chapter X, the following Chapter shall be inserted, namely:—
“CHAPTER X-A.
FAECAL SLUDGE AND SEPTAGE.
179-A. Definitions.— For the purpose of this Chapter,—
(a) “disposal facility” means the arrangement made for the
scientific treatment and disposal of faecal sludge and septage, as may be
prescribed;
(b) “licencing authority”, in relation to,—
(i) a town panchayat, means the Executive Officer of the
town panchayat;
(ii) a municipal council or municipal corporation, means
Commissioner of the municipal council or municipal corporation;
Insertion of new
Chapter X-A.
194
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(c) “faecal sludge” means raw or partially digested, in a slurry or semi
solid form, of combinations of excreta and black water, with or without grey
water;
(d) “licencee” means any person who holds a licence granted under
this Chapter;
(e) “septage” means the liquid and solid material, that has
accumulated or is contained, in a septic tank or cesspool;
(f) “specified vehicle” means a vacuum truck or such other vehicle
equipped with motorised pumps and storage tank of such specification, as
may be approved, from time to time, under the Motor Vehicles Act, 1988
(Central Act 59 of 1988), for collecting and transporting faecal sludge and
septage;
(g) “worker” means any person engaged by a licencee for
collection, transportation and disposal of faecal sludge and septage.
179-B. Licence for collection, transportation of faecal sludge and
septage.— (1) No person shall collect, transport or dispose faecal sludge
or septage from any building, whether used for residential or commercial
or institutional purposes, within the municipal limits without a valid licence:
Provided that no such licence is necessary for the collection,
transportation and disposal of faecal sludge or septage by any local
authority or statutory board of the Government.
(2) Any person who intends to collect, transport or dispose faecal
sludge or septage shall apply to the licencing authority for grant of licence
in such form, containing such particulars, documents and with such fee
not exceeding two thousand rupees, as may be prescribed.
(3) Within thirty days from the date of receipt of an application
under sub-section (2), the licencing authority may either grant the licence
subject to such terms and conditions, as may be prescribed or refuse to
grant licence, by recording the reason therefor.
(4) The licence granted under sub-section (3) shall be valid for a
period of two years from the date of issue.
(5) Application for renewal of licence shall be made to the
licencing authority, thirty days before the date of its expiry, in such Form
together with such fee not exceeding two thousand rupees, as may be
prescribed.
(6) The time limit and procedure contained in sub-section (3)
shall equally apply for renewal of licence.
179-C. Removal of faecal sludge and septage by owner or
occupier.— The owner or occupier, as the case may be, of a building or
part thereof located within the municipal limits shall,—
(a) ensure construction of the septic tank or such on-site
sanitation system conforming to the requirements of the National Building
Code, 2016;
195
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(b) conduct regular desludging as per the design and operations
requirement of the septic tank or the on-site sanitation system as per the
National Building Code, 2016;
(c) ensure that no person other than a licencee is engaged
or caused to be engaged for the collection, transportation or disposal
of faecal sludge and septage from his building;
(d) ensure that no person is engaged or employed, either directly
or indirectly for hazardous cleaning of a septic tank or on-site sanitation
system, as prohibited in the Prohibition of Employment as Manual
Scavengers and their Rehabilitation Act, 2013 (Central Act 25 of 2013).
179-D. Duties of a licencee.— Every licencee shall,—
(a) follow the terms and conditions in regard to the time, route
and decantation place, as may be specified in the licence;
(b) pay decantation fee not exceeding five hundred rupees
per trip as may be prescribed, for usage of the disposal facility or the
decantation place;
(c) maintain a log book in the prescribed format for recording of
each trip undertaken for collection, transportation and disposal of faecal
sludge and septage and submit it to the licencing authority before the 10th
day of every quarter in a year;
(d) ensure that the specified vehicle is equipped with a Global
Positioning System as may be prescribed and also ensure that the Global
Positioning System instrument is functional and transmitting the data
without any interruption.
179-E. Monitoring of desludging operations and prohibition of
unsafe disposal.— (1) The licencing authority shall notify in the District
Gazette and upload in the website or portal,-
(a) the places for decanting the faecal sludge or septage;
(b) the list of licencees and update them periodically; and
(c) a mechanism for filing complaints or reporting violations
against the licencees.
(2) In the event of receipt of information of spillage of septage, the
licencing authority shall immediately direct the licencee or the person
in-charge of the specified vehicle to take action to contain the septage,
minimise the environmental impact and remove all septage immediately
from the site of spillage.
(3) The licencing authority shall appoint such officers not lower in rank
than that of Sanitary Inspector, to monitor the activities of the licencees
within the municipal limits by means such as inspection or Global
Positioning System fitted in the specified vehicles, to prevent disposal
of faecal sludge and septage in places other than those identified for
decanting.
196
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
179-F. Penalties.— If any person contravenes or fails to comply
with, any of the provisions of this Chapter or the rules made under this
Act or of the terms and conditions subject to which the licence has
been granted, shall be punishable for the first offence with fine, which
may extend to twenty five thousand rupees and for the second or any
subsequent offence, which may extend to fifty thousand rupees.
179-G. Power to suspend or cancel licence.— (1) The licencing
authority may suspend the licence, if the licencee commits breach of any
of the terms and conditions of licence or any of the provisions of this
Chapter.
(2) The licencing authority may cancel the licence, if the licencee
is imposed with penalty for the second offence under this Chapter:
Provided that before passing an order of cancellation of licence, an
opportunity of making a representation within a period of fifteen days shall
be given to the licencee.
179-H. Power to seize and confiscate vehicles, articles,
etc.— (1) Notwithstanding anything contained in this Act or in any other
law for the time being in force, where an offence under this Chapter is
believed to have been or is being committed, any officer, not lower in
rank than that of a Tahsildar in Revenue department in the case of a town
panchayat, the Commissioner in the case of a municipal council and any
officer not lower in rank than that of an Assistant Commissioner in the
case of a municipal corporation, may seize any vehicle or other articles
including motor, pump, tube, tool or equipment used for the commission
of such offence and shall without unreasonable delay, produce the same
before the officer, authorised in this behalf by the Government.
(2) Where any such vehicle or other article is produced before
the authorised officer and if he is satisfied that an offence under this
Chapter has been committed, the authorised officer may, whether or not
prosecution is instituted for such offence, he may, without prejudice to
any other penalty to which the offender is liable under this Chapter, order
confiscation of the vehicle or the articles so seized:
Provided that before passing an order of confiscation, the owner or
the person from whom such vehicle or article is seized, shall be given—
(a) notice in writing informing him of the grounds on which it is
proposed to confiscate;
(b) an opportunity of making a representation in writing and an
opportunity of being heard in the matter.
197
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(3) Where the authorised officer, after passing an order of
confiscation under sub-section (2), is of the opinion that it is expedient in
the public interest so to do, he may order the confiscated vehicle or the
articles, to be sold by public auction.
(4) Where any confiscated property is sold under sub-section (3),
and where the order of confiscation made under this section is set aside or
annulled by an order under section 179-I, the proceeds of such sale, after
deduction of the expenses of, or incidental to, such auction, shall be paid
to the owner thereof or to the person from whom it was seized, as may be
specified in such order.
179-I. Appeal.— (1) Any person aggrieved by an order made
under this Chapter may appeal within such period and in such manner,
and to such authority as may be prescribed.
(2) In deciding the appeal, the authority specified under sub-
section (1) shall follow such procedure, as may be prescribed, and the
decision of such authority on such appeal shall be final and shall not be
called in question in any Court of law.”.
94. In section 180 of the principal Act,—
Amendment of
section 180.
(1) for the expression “ten thousand rupees”, the expression
“twenty-five thousand rupees” shall be substituted;
(2) in the proviso, for the expression “five hundred rupees”, the
expression “one thousand rupees” shall be substituted.
95. After section 180 of the principal Act, the following section shall
be inserted, namely: —
Insertion of new
section 180-A.
“180-A. Penalty for sinking well without permit or registration.—
Whoever contravenes any of the provisions of section 164-A or 164-B
or the rules made thereunder shall, on conviction, be punishable with
imprisonment for a term which shall not be less than three years but
which may extend to seven years and with fine which may extend to fifty
thousand rupees.”.
96. For section 182 of the principal Act, the following section shall be
substituted, namely:—
“182. Imprisonment in default of payment and application of
costs, etc.— (1) In case any fine or costs imposed or assessed by a Judicial
Magistrate under this Act or under any rule or bye-law made thereunder,
has not been paid, the Judicial Magistrate may order the offender to be
imprisoned in default of payment subject to all the restrictions, limitations
and conditions imposed in sections 64 to 70 (both inclusive) of the Indian
Penal Code (Central Act XLV of 1860).
Substitution of
section 182.
(2) Any fine, costs, tax or other sum imposed or assessed by a
Magistrate under this Act or under any rule or bye-law made thereunder,
shall be recoverable by such Magistrate under the Code of Criminal
Procedure, 1973 (Central Act 2 of 1974), as if it were a fine and the same
shall, except in the case of fine, on recovery be paid to the municipality to
be applied for the purposes of this Act.”.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Insertion of
section 186-A.
97. After section 186 of the principal Act, the following section shall
be inserted, namely: —
“186-A. Compounding of offences.— (1) Any offence
punishable under this Act or rules or bye-laws made thereunder either
before or after institution of prosecution, may be compounded by the
Commissioner, on payment by that person, for credit to the municipality of
such sum as the Commissioner may specify:
Provided that the fine amount shall not exceed the amount of fine
specified under this Act or rules or bye-laws made thereunder.
(2) Where an offence is compounded under sub-section (1),
no proceeding or further proceeding, as the case may be, shall be taken
against the offender in respect of such offence so compounded, and the
offender, if in custody, shall be released forthwith.
Amendment of
section 189.
98. In section 189 of the principal Act,—
(1) in clause (b), the word “or” at the end shall be omitted;
(2) after clause (c), the following clauses shall be added,
namely:—
“(d) execution of city sanitation or treatment plant or
composting centres; or
(e) eviction of encroachments in municipality lands.”.
Amendment of
section 194.
99. In section 194 of the principal Act,—
(1) in sub-section (1), in clause (c), for the expression “registered
post”, the expression “registered post or publishing in the newspaper or
website” shall be substituted;
(2) in sub-section (3), for the expression “registered post”, the
expression “registered post or publishing in the newspaper or website”
shall be substituted.
Substitution of
section 197.
100. For section 197 of the principal Act, the following section shall
be substituted, namely:—
“197. Power to remove difficulties.— If any difficulty arises in
giving effect to the provisions of this Act as amended by the Tamil Nadu
Urban Local Bodies (Amendment) Act, 2022, the Government may, by
order published in the Tamil Nadu Government Gazette, make such
provisions, not inconsistent with the provisions of this Act as amended by
the Tamil Nadu Urban Local Bodies (Amendment) Act, 2022 as appear to
them to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the period of two
years from the date of commencement of the Tamil Nadu Urban Local
Bodies (Amendment) Act, 2022.”.
199
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
101. In section 200 of the principal Act,--
(1) in sub-section (1), after item (j), the following items shall be
added, namely:—
“(k) the Tiruppur City Municipal Corporation Act, 2008
(Tamil Nadu Act 7 of 2008);
(l) the Erode City Municipal Corporation Act, 2008 (Tamil Nadu
Act 8 of 2008);
Amendment of
section 200.
(m) the Vellore City Municipal Corporation Act, 2008 (Tamil Nadu
Act 26 of 2008);
(n) the Thoothukudi City Municipal Corporation Act, 2008
(Tamil Nadu Act 27 of 2008);
(o) the Thanjavur City Municipal Corporation Act, 2013
(Tamil Nadu Act 24 of 2013);
(p) the Dindigul City Municipal Corporation Act, 2013 (Tamil Nadu
Act 25 of 2013);
(q) the Hosur City Municipal Corporation Act, 2019 (Tamil Nadu
Act 10 of 2019);
(r) the Nagercoil City Municipal Corporation Act, 2019
(Tamil Nadu Act 11 of 2019);
(s) the Avadi City Municipal Corporation Act, 2019 (Tamil Nadu
Act 24 of 2019);
(t) the Cuddalore City Municipal Corporation Act, 2022
(Tamil Nadu Act 1 of 2022);
(u) the Kancheepuram City Municipal Corporation Act, 2022
(Tamil Nadu Act 2 of 2022);
(v) the Sivakasi City Municipal Corporation Act, 2022 (Tamil Nadu
Act 3 of 2022);
(w) the Karur City Municipal Corporation Act, 2022 (Tamil Nadu
Act 4 of 2022);
(x) the Tambaram City Municipal Corporation Act, 2022 (Tamil
Nadu Act 5 of 2022);
(y) the Kumbakonam City Municipal Corporation Act, 2022 (Tamil
Nadu Act 6 of 2022); and
(z) the Tamil Nadu Urban Local Bodies (Suspension of Operation)
Act, 2000 (Tamil Nadu Act 33 of 2000).”.
(2) in sub-section (3), for the expression “commencement of this
Act” occurring in five places, the expression “commencement of the Tamil
Nadu Urban Local Bodies (Amendment) Act, 2022” shall be substituted.
102. The whole of the principal Act, to the extent to which the
operation of the said Act was suspended by the Tamil Nadu Urban Local
Bodies (Suspension of Operation) Act, 2000 (Tamil Nadu Act 33 of 2000)
shall stand revived with effect on and from the date of commencement of
the Tamil Nadu Urban Local Bodies (Amendment) Act, 2022.
Revival of
operation of
the principal
Act.
(By Order of the Governor)
C. GOPI RAVIKUMAR,
Secretary to Government (Legislation),
Law Department.
200
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
201
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
The following Act of the Tamil Nadu Legislative Assembly
received the assent of the Governor on the 17th June 2022 and
is hereby published for general information:—
ACT No. 36 OF 2022.
An Act further to amend the Tamil Nadu Co-operative Societies
Act, 1983.
Be it enacted by the Legislative Assembly of the State of
Tamil Nadu in the Seventy-third Year of the Republic of India as
follows:—
1.
(1) This Act may be called the Tamil Nadu Co-operative
Societies (Third Amendment) Act, 2022.
(2) It shall come into force at once.
Short title and
commence-
ment.
Tamil Nadu Act
30 of 1983.
2. In section 136-D of the Tamil Nadu Co-operative Societies
Act, 1983, sub-section (2) shall be omitted.
Amendment of
section 136-D.
(By Order of the Governor)
C. GOPI RAVIKUMAR,
Secretary to Government (Legislation),
Law Department.
202
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
203
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
The following Act of the Tamil Nadu Legislative Assembly
received the assent of the Governor on the 17th June 2022 and
is hereby published for general information:—
ACT No. 37 OF 2022.
An Act further to amend the Tamil Nadu Infrastructure
Development Act, 2012.
Tamil Nadu Act 22
of 2012.
Be it enacted by the Legislative Assembly of the State of
Tamil Nadu in the Seventy-third Year of the Republic of India as
follows:—
1.
(1) This Act may be called the Tamil Nadu Infrastructure
Development (Amendment) Act, 2022.
(2) It shall come into force at once.
2. In section 3 of the Tamil Nadu Infrastructure Development
Act, 2012 (hereinafter referred to as the principal Act), in sub-section
(3), for clauses (c) to (m), the following clauses shall be substituted,
namely:—
“(c) the Chief Secretary to Government, Ex-officio;
(d) the Secretary to Government, Finance Department, who
shall be the Member–Secretary, Ex-officio; and
(e) the Chief Executive Officer of the Board, Ex-officio.”.
Short title and
commencement.
Amendment of
section 3.
3. In section 6 of the principal Act,-
(1) for sub-section (1), the following sub-section shall be
substituted, namely:-
“(1) There shall be a Chief Executive Officer for the Board
appointed by the Government.”;
(2) in sub-section (2), the expression “with the approval of
the Government” shall be omitted.
4. In section 9 of the principal Act, in sub-section (2), for
clauses (c) to (l), the following clauses shall be substituted, namely:-
“(c) the Chief Executive Officer of the Board, who shall be the
Member–Secretary, Ex-officio; and
(d) experts in the fields of finance, economics, infrastructure and
the like not exceeding two, as may be nominated by the Chairperson
of the Executive Committee.”.
5. In section 15 of the principal Act, sub-section (2) shall be
omitted.
Amendment of
section 6.
Amendment of
section 9.
Amendment of
section 15.
(By Order of the Governor)
C. GOPI RAVIKUMAR,
Secretary to Government (Legislation),
Law Department.
PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI
ON BEHALF OF THE GOVERNMENT OF TAMIL NADU