Tamil Nadu District Municipalities Act, 1920

 
FREE EXCERPT

[Act No. 5 of 1920]

[5th May, 1920]

Preamble

An Act to consolidate and amend the law relating to District Municipalities.

Whereas it is expedient to consolidate and amend the law relating to district municipalities in the Presidency of Madras; and whereas the previous sanction of the Governor-General has been obtained under section 79 of the Government of India Act, 1915, to the passing of this Act; it is hereby enacted as follows:-

Part: I - PRELIMINARY

Chapter I - PRELIMINARY

Section 1 - Title and extent

(1) This act may be called The Tamil Nadu District Municipalities Act, 1920

(2) It extends to the whole of the Presidency of Madras, except the city of Madras.

Section 2 - Repeal of enactments

The enactments mentioned in Schedule I are repealed to the extent specified in the fourth column thereof.

Section 3 - Definitions

In this Act unless there is anything repugnant in the subject or context-

(1) Omitted by Tamil Nadu Act XVII of 1973.

(1-B) 'Appoint'.- 'Appoint' includes to appoint temporarily or in an officiating capacity.

(2) 'Appointment'.- Appointment includes temporary and officiating appointments

(3) 'Building'. - 'Building' includes a house, out-house, stable, latrine, shed, hut, wall (other that a boundary wall not exceeding eight feet in height) and any other such structure, whether of masonry, bricks, wood, mud, metal or any other material whatsoever.

(4) 'Building-line'.- 'Building-line" means a line which is in rear of the street alignment and to which the main wall of a building abutting on a street may lawfully extend.

(5) 'Carriage'.-'Carriage' means any wheeled vehicle with spring or other appliances acting as springs and includes any kind of bicycle, tricycle, rickshaw and palanquin, but does not include any motor vehicle within the meaning of the Indian Motor Vehicles Act, 1914.

(6) 'Cart'.- 'Cart' includes any wheeled vehicle which is not a carriage but does not include any motor vehicle within the meaning of the Indian Motor Vehicles Act, 1914.

(7) 'Casual vacancy', casual election, - 'Casual vacancy' means a vacancy occurring otherwise than by efflux of time and 'casual election' means an election held on the occurrence of a casual vacancy.

(7-A) 'Chairman' means the chairman of the town panchayat or the municipality, as the case may be.

(8) 'Company'.- 'Company' means a company as defined in the Indian Companies Act, 1913 or formed in pursuance of an Act of Parliament of the United Kingdom or of Royal Charter or Letter Patent, or of an Act of the Legislature of a British Possession and includes any firm or association carrying on business in the Presidency of Madras whether incorporated or whether its principal place of business is the said Presidency or not.

(8-A) 'Election authority'.-'Election authority' means such authority not being the chairman or a councillor as may be prescribed.

(8-B) 'European'.- 'European' means any person of European descent who either was born in or has a domicile in the United Kingdom or in any British Possession or in any part of India or whose father was so born or has or had up to the date of the birth of the person in question such a domicile.

(8-C) 'Executive Authority' means an officer of the State Government, or of the local authority (not being the chairman or vice-chairman or a member of the council) as may be specified by the State Government, by notification.

(9) 'Filth '-'Filth' includes sewage, night-soil, dung, dirt, putrid and putrefying substances and all offensive matter.

(9-A) 'Finance Commission' means the commission referred to the section 124.B

(10) 'Hill station '.-'Hill station' means a place specified in Schedule II and includes any other place which may be notified by the State Government as a hill station.

(11) 'Hut'.-'Hut' means any building which is constructed principally of wood, mud, leaves, grass or thatch and includes any temporary structure of whatever size of any small building of whatever material made which the council may declare to be a hut for the purposes of this Act.

(11-A) 'Indian Christian '-'Indian Christian' means a native of India who is or in good faith claims to be, of unmixed Asiatic descent and who professes any form of the Christian religion,

(11 -B) 'Inspector' means any officer not below the rank of a District Collector appointed by the State Government to exercise or perform any of the powers or duties of the Inspector under the Act.

(12) 'Latrine' includes privy, water-closet and urinal.

(12-A) Omitted.

(12-B) 'Local authority. '-'Local authority' includes a cantonment authority.

(12-C) 'Municipal Council' means the council of the town panchayat or the municipality as the case may be;

(12-D) 'Municipality' means an institution of self Government constituted for a smaller urban area as detailed in class (2) of Article 243-Q of the Constitution.

(13) 'Municipal office '.-'Municipal office' means the principal office of any municipal council.

(14) 'Nuisance.'-'Nuisance' includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or which is or may be dangerous to life or injurious to health or property.

(15) 'Occupier. '-'Occupier' includes any person for the time being paying or liable to pay to the owner, the rent or any portion of the rent of the land or building or part of the same in respect of which the word is used.

(16) 'Ordinary vacancy.' 'Ordinary election '-'Ordinary vacancy' means a vacancy occurring by efflux of time and 'Ordinary election' means an election held on the occurrence of an ordinary vacancy.

(17) 'Owner. '-'Owner' includes (a) the person for the time being receiving or entitled to receive whether on his own account or as agent, trustee, guardian, manager or receiver for another person, or for any religious or charitable purpose, the rent or profits of the property, in connection with which the word is used, and (b) the person for the time being in-charge of the animal or vehicle, in connection with which the word is used.

(18) 'Palanquin. '-'Palanquin' includes tonjans, manchils and chairs carried by men by means of posts, but not slings or cots used for the conveyance of children or aged or sick people.

(18-A) 'Panchayat town' means an area in transition from a rural area to an urban area classified as panchayat town under section 3-P.

(19) 'Prescribed. -'Prescribed' means prescribed by the State Government by rules made under this Act.

(20) 'Private street'.-'Private street' means any street, road, square, court, alley, passage or riding-path, which is not a 'public street' but does not include a pathway made by the owner of premises on his own land to secure access to or the convenient use of such premises.

(21) 'Public street',- 'Public street' means any street, road, square, court, alley, passage or riding-path over which the public have a right of way whether a thorough-fare or not, and includes.

(a) the roadway over any public bridge or causeway;

(b) the footway attached to any such street, public bridge or causeway; and

(e) the drains attached to any such street, public bridge or causeway and land, whether covered or not by any pavement, verandah, or other structure, which lies on either side of the roadway upto the boundaries of the adjacent property whether that property is private property or property belonging to the Government.

(22) 'Public water-courses, etc. '-'Public water-courses, springs, wells and tanks' include those used by the public to such an extent as to give a prescriptive right to such use.

(23) 'Railway'.-'Railway' includes a tramway.

(24) 'Reconstruction. -'Reconstruction' of a building includes.

(a) the re-erection wholly or partially of a building after more than one-half of its cubical contents has been taken down or burnt down, or has fallen down whether at one time or not;

(b) the re-erection wholly or partially of any building of which an outer wall has been taken down or burnt down or has fallen down to or within ten feet of the ground adjoining the lowest storey of the building, and of any frame building which has so far been taken down or burnt down or has fallen down as to leave only the frame work of the lowest storey;

(c) the conversion into a dwelling-house or a place of public worship of any building not originally constructed for human habitation or for public worship, as the case may be, or the conversion into more than one dwelling-house of a building originally constructed as one dwelling-house only or the conversion of a dwelling house into a factory;

(d) the re-conversion into a dwelling house or a place of public worship or a factory of any building which has been discontinued as, or appropriated for any purpose other than, a dwelling-house of a place of public worship or factory as the case may be.

(25) 'Residence'.- 'Resided -A person is deemed to have his 'residence' or to 'reside' in any house if he sometimes uses any portion thereof as a sleeping apartment, and a person is not deemed to cease to reside in any such house merely because he is absent from it, or has elsewhere another dwelling in which he resides, if he is at liberty to return to such house at any time and has not abandoned his intention of returning.

(26) 'Rubbish'.-'Rubbish' means dust, ashes, broken bricks, mortar, broken glass, and refuse of any kind which is not 'filth'.

(27) 'Salary'.-'Salary' means pay and acting pay or payment by way of commission and includes exchange compensation allowances; but not allowances for house rent, carriage-hire, or travelling expenses.

(28) 'Scavenger'.-'Scavenger' means a person employed in collecting or removing filth, in cleansing drains or slaughter-houses or in driving carts used for the removal of filth.

(28-A) 'Scheduled Castes' shall have the same meaning as in the Constitution.

(28-B) 'Scheduled Tribes' shall have the same meaning as in the Constitution.

(28-C) 'Tamil Nadu State...

To continue reading

REQUEST YOUR TRIAL