Madurai City Municipal Corporation Act, 1971

No: 15 Dated: May, 01 1971

THE MADURAI CITY MUNICIPAL CORPORATION ACT, 1971

Tamil Nadu Act 15 of 1971

An Act to provide for the establishment of Municipal Corporation for the City of Madurai in the State of Tamil Nadu.

Be it enacted by the Legislature of the State of Tamil Nadu in the Twenty-second Year of the Republic of India as follows:-

CHAPTER I

Preliminary

1. Short title, extent and commencement. - (1) This Act may be called the Madurai City Municipal Corporation Act, 1971.

(2) It extends to the City of Madurai.

(3) It shall be deemed to have come into force on the first day of May, 1971.

2. Definitions. - In this Act, unless the context otherwise requires,-

(1) "appoint" includes to appoint temporarily or in an officiating capacity;

(2) "appointment" includes temporary and officiating appointments;

(2-A) "area sabha" means, in relation to an area, the body of all the persons registered in the electoral rolls pertaining to all polling booths in the area;‖

(3) "budget grant" means any sum entered on the expenditure side of a budget estimate which has been adopted by the council;

(4) "building" includes-

(a) a house, out-house, stable, latrine, godown, shed, hut and any other structure whether of masonry, bricks, mud, wood, metal or any other material whatsoever;

(b) a structure on wheels or simply resting on the ground without foundations; and

(c) a ship, vessel, boat, tent, van and any other structure used for human habitation or used for keeping or storing any article or goods;

(5) "building line" means a line which is in rear of the street-alignment and to which the main-wall of the building abutting on a street may lawfully extend and beyond which no portion of the building may extend except as prescribed in the building rules;

(6) "carriage" means any wheeled vehicle with springs or other appliances acting as springs and includes any kind of bicycle, tricycle, cycle-rickshaw and palanquin, but does not include any motor vehicle within the meaning of Motor Vehicles Act, 1939 (Central Act IV of 1939);

(7) "cart" includes any wheeled vehicle which is not a carriage, but does not include any motor vehicle within the meaning of Motor Vehicles Act, 1939 (Central Act IV of 1939);

(8) "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;

(9) "City of Madurai" or "City" means the local area comprised in the Madurai Municipality and includes any local area which after the commencement of this Act, is included in the City, but does not include any local area which after such commencement is excluded from the City;

(10) "company" means-

(a) any company as defined in the Companies Act, 1956 (Central Act I of 1956), including any foreign company within the meaning of section 591 of that Act;

(b) any body corporate; or

(c) any firm or association, whether incorporated or not carrying on business in the State of Tamil Nadu whether or not its principal place of business is situated in the said State;

(11) "corporation" means the Municipal Corporation of Madurai constituted under section 3;

(12) "dairy" includes-

(a) any farm, cattle-shed, milk store, milk shop or other place from which milk is sold or supplied for sale, or in which milk is kept for sale or manufactured for sale into butter, ghee, cheese, cream, curd, butter-milk or dried, sterilized or condensed milk; and

(b) in relation to a dairy man who does not occupy any premise for the sale of milk, any place in which he keeps the vessels used by him for the storage or sale of milk, but does not include -

(i) a shop or place in which milk is sold for consumption on the premises only; or

(ii) a shop or place from which milk is sold or supplied for sale in airtight and hermetically sealed and unopened receptacles in the same original condition in which it was first received in such shop or place;

(13) "dairy man" includes any occupier of a dairy, any cow-keeper who trades in milk or any seller of milk whether wholesale, or by retail;

(14) "dairy produce" includes milk, butter, ghee, cheese, cream,c butter-milk and any and every product of milk;

(15) "date of commencement of this Act" means the first day of May 1971;

(16) "filth" means-

(a) night-soil and other contents of latrines, cesspools and drains;

(b) dung and refuse or useless offensive material thrown outin consequence of any process of manufacture, industry or trade; and

(c) putrid and putrefying substances;

(17) "food" includes-

(a) every article (other than drugs and water) used as food or drink for human consumption;

(b) all materials used or admixed in the composition or preparation of such article; and

(c) flavouring or colouring matter, confectionery, spices and condiments;

(18) "Government" means the State Government;

(19) "hut" means any building which is constructed principally of wood, mud, leaves, grass, thatch or metallic sheets and includes any temporary structure of whatever size or any small building of whatever material made which the council may declare to be a hut for the purposes of this Act;

(20) "hutting ground" means an area containing land occupied by or for the purpose of any collection of huts standing on a plot of or two or more plots of land which are adjacent to one another and not less than two hundred and twenty square metres in area;

(21) "infectious disease" shall have the same meaning as in section 52 of the Tamil Nadu Public Health Act, 1939 (Tamil Nadu Act III of 1939);

(22) "latrine" means a place set apart for defecating or urinating or both and includes a closet of the dry or water-carriage type and urinal;

(23) "local authority" does not include a cantonment authority;

(24) "Madurai Municipality" means the Madurai Municipality as constituted under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920);

(25) "milk" means the milk of a cow, buffalo, goat, ass or other animal and includes cream, skimmed milk, separated milk and condensed, sterilized or desicated milk or any other product of milk;

(25-A) "Municipal area" means the territorial area of the Municipal Corporation of Madurai as is notified by the Governor under clause (d) of Article 243-P of the Constitution;

(26) "municipal office" means the principal office of the Corporation;

(27) "nuisance" includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or disturbance to rest or sleep or which is or may be dangerous to life or injurious to the health or property of the public or the people in general who dwell or occupy property in the vicinity, or persons who may have occasion to use any public right;

(28) "occupier" includes-

(a) any person for the time being paying or liable to pay to the owner the rent or any portion of the rent of the land or building or part of the same in respect of which the word is used or damages on account of the occupation of such land, building or part; and

(b) a rent-free occupant;

(29) "ordinary vacancy" means a vacancy occurring by efflux of time and "ordinary election" means an election held on the occurrence of an ordinary vacancy;

(30) "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;

(31) "palanquin" includes tonjons, manchils and chairs carried by men by means of posts, but not slings or cots used for the conveyance of children or aged or sick persons;

(32) "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;

(33) "public street" means any street, road, square, court, alley, passage or riding path over which the public have a right of way, whether a thoroughfare or not, and includes-

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

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

(c) the drains attached to any such street, public bridge or causeway and the land, whether covered or not by any pavement, verandah, or other structure, which lies flu either side of the roadway up to the boundaries of the adjacent property whether that property is private property or property belonging to the Central or any State Government;

(34) "public water-course, wells and tanks" include those used by the public to such an extent as to give a prescriptive right to such use;

(35) "re-construction" of a building includes-

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

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

(c) the conversion into a dwelling-house or 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 dwelling-house into a factory;

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

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

(37) "rubbish" means dust, ashes, broken bricks, mortar, broken glass, and refuse of any kind which is not "filth";

(38) "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;

(39) "sanitary worker" means a person employed in collecting or removing rubbish or filth or in cleansing drains, latrines, or slaughter-houses or in driving carts used for the removal of rubbish or filth;

(40) "Scheduled Castes" shall have the same meaning as in the Constitution;

(41) "Scheduled Tribes'" shall have the same meaning as in the Constitution;

(41-A) "Tamil Nadu State Election Commission" means the Tamil Nadu State Election Commission referred to in section 10-D;

(41-B) "Tamil Nadu State Election Commissioner" means the Tamil Nadu State Election Commissioner referred to in section 10-D;

(42) "street alignment" means a line dividing the land comprised in and forming part of a street from the adjoining land;

(42-A) "Wards Committee" means the Wards Committee referred to in section 5-A;

(43) "Water-course" includes any river, stream or channel whether natural or artificial;

(44) "year" means the financial year;