This article is written by Monesh Mehndiratta. The article explains the important provisions of the Tamil Nadu District Municipalities Act, 1920. It explains the constitution of various authorities in a municipality along with their powers and functions. It further provides provisions for the imposition of taxes, levy of fees and charges, maintenance of streets, wells, tanks etc, construction of public buildings etc within a municipality. 

It has been published by Rachit Garg.

Introduction

Do you know that there are three tiers or levels of government? These are the Central Government, State Government and Local Government. Also, are you aware that every district in a state has a municipality?

This municipality carries out administrative activities and takes care of other necessary actions to be taken in a district for the smooth functioning of all activities and development. 

Do not be shocked if I tell you that this municipality is also governed by legislation made and enacted by the state. Entry 5 of the State list under Schedule 7 of the Indian Constitution empowers the state to enact laws on matters of local governance including municipal corporations, improvement trusts, districts boards, mining settlement authorities and other local authorities. The present article deals with one such legislation that has been enacted in the State of Tamil Nadu. The Tamil Nadu District Municipalities Act, 1920 is a legislation that regulates the functioning of municipalities in the state. It explains the powers and functions of a municipality, the constitution, and appointment of various authorities in a municipality, imposition of taxes and levy of fees and charges, maintenance of public streets and granting licences to the owners for construction and other such activities. 

Applicability and objective of Tamil Nadu District Municipalities Act, 1920

The Act has been enacted to:

• Consolidate the law relating to district municipalities; 
• Amend the law relating to district municipalities. 

It is applicable in the whole of the state of Tamil Nadu except the city of Chennai. The Act has also repealed certain enactments mentioned in Schedule 1. The following table gives the extent to which certain Acts have been repealed by this Act:

Year	Number	Name of the Act	Extent of repeal
1884	IV	The Tamil Nadu District Municipalities Act, 1884	Whole Act has been repealed.
1897	III	The Tamil Nadu District Municipalities (Amendment) Act, 1897	Do.
1899	I	The Tamil Nadu District Municipalities (Amendment) Act, 1899	Do.
1907	II	The Tamil Nadu Hill Municipalities Act, 1907	Do.
1909	V	The Tamil Nadu District Municipalities (Amendment) Act, 1909	Do.
1913	III	The Tamil Nadu District Municipalities and Local Boards (Amendment) Act, 1913	Section 2,3 and 4
1914	VIII	The Tamil Nadu Decentralisation Act	Schedule that related to The Tamil Nadu District Municipalities Act, 1884
1916	IX	The Tamil Nadu District Municipalities (Amendment) Act, 1916	Whole Act

Scheme of Tamil Nadu District Municipalities Act, 1920

The Act has been divided into 6 parts, 16 chapters, 376 Sections and 10 Schedules. The scheme of the Act is as follows:

• Part 1 provides for Chapter 1 to Chapter 1B:
  • Chapter 1 deals with the title and extends and provides definitions of the terms used in the Act.
  • Chapter 1A deals with third grade municipalities.
  • Chapter 1B deals with town panchayats.
• Part 2 deals with the establishment, constitution, and government of district municipalities:
  • Chapter 2 provides provisions for the creation and abolition of municipalities.
  • Chapter 3 deals with the constitution of municipal authorities.
  • Chapter 4 deals with the appointment and election of councillors.
  • Chapter 5 deals with the power of municipal authorities with respect to property, contracts and establishments.
• Part 3 provides for:
  • Chapter 6 deals with taxation and finance.
  • Chapter 6A specifically deals with the tax on trade, profession and employment.
• Part 4 provides provisions for public health, safety and convenience.
  • Chapter 7 provides provisions for water supply, lighting, and drainage.
  • Chapter 8 deals with scavenging.
  • Chapter 9 deals with streets that include provisions for public and private streets.
  • Chapter 10 deals with building regulations.
  • Chapter 10A provides regulations for the construction of buildings in hill stations.
  • Chapter 11 deals with nuisances.
  • Chapter 12 deals with licences and fees. 
  • Chapter 13 provides provisions for prevention of dangerous disease which includes smallpox and its vaccination.
• Part 5 deals with subsidiary legislation and penalties:
  • Chapter 14 provides rules, by-laws and regulations.
  • Chapter 15 deals with penalty provisions.
• Part 6 provides for:
  • Chapter 16 explains the procedure and miscellaneous provisions.
• The Schedules further provide for:
  • Schedule 1 deals with enactments that are repealed by the current Act and the extent to which they are repealed.
  • Schedule 2 provides a list of hill stations.
  • Schedule 3 provides for rules regarding the proceedings of the council.
  • Schedule 4 deals with taxation and finance rules.
  • Schedule 5 provides purposes for which premises may not be used without a licence.
  • Schedule 6 gives a list of dangerous diseases.
  • Schedule 7 provides ordinary penalties. 
  • Schedule 8 provides penalties for continuous breaches.
  • Schedule 9 gives a list of municipalities for which commissioners are appointed.
  • Schedule 10 provides matters for which plans are to be prepared by the municipalities. Some of these are roads and bridges, economic and social development, slum improvement, urban poverty alleviation etc. 

Important definitions under Tamil Nadu District Municipalities Act, 1920

Building

According to Section 3(3), the term building includes house, out-house, stable, shed, hut, wall (other than a boundary wall not exceeding the height of eight feet) and any other structure made up of bricks, wood, mud, metal or any other material. 

Municipality and Local Authority

According to Section 3(12B), local authority includes a cantonment authority under its ambit while municipality means an institution of self-government which is constituted for a smaller urban area defined in Article 243Q of the Constitution (Section 3(12D)).   

Nuisance

Section 3(14) defines the term ‘nuisance’. It means any act, omission, place or thing that causes or is likely to cause injury, danger, annoyance or any offence to the sense of sight, smell or hearing or any danger to life and injurious to health and property. 

Public street and private street

The deals with two kinds of streets, i.e., Public street and private street. Public street means any street, road, square, court, alley, passage or riding path over which the public has a right and also includes:

• Roadway over any public bridge. 
• Footway attached to any street, public bridge or causeway,
• Drains attached to public bridge, street or causeway,

verandah or any other structure lying on either side of the roadway upto the boundaries of the adjacent property, irrespective of whether that property is public or private (Section 3(21)). 

Private street, on the other hand, means any street, road, square, court, alley, passage or riding-path which is not a public street over which the public has a right. However, it does not include a pathway which is made by the owner of a premise on his property for convenient use of his own property (Section 3(20)). 

Scavenger

According to Section 3(28), a scavenger is a person who is employed to collect or remove filth, clean drains or slaughter houses or drive carts for removal of such filth. 

Overview of Tamil Nadu District Municipalities Act, 1920

Third grade municipalities

Chapter 1A of the Act deals with third grade municipalities and provides provision for their formation, constitution, incorporation, and alteration of classification of transitional areas. According to Section 3(29A), a third grade municipality is an institution of self-government which is constituted for a transitional area as defined under Article 243Q of the Constitution. This was added in the Act by Tamil Nadu District Municipalities (Amendment) Act, 2006 before that it was town panchayat.

Formation of third grade municipalities

Section 3B deals with the formation of third grade municipalities. The governor has the power to classify and declare any local area which has one or more revenue villages or any portion of it or a contiguous portion of two or more revenue villages and a population not less than thirty thousand, as a transitional area. This declaration of governor is also dependent on other factors like revenue generation, employment in non-agricultural activities, economic factors etc. 

Formation of third grade municipalities in a transitional area 

The Section also provides that a third grade municipality will be established in every transitional area (according to Section 3(29AA), a transitional area is an area in transition from rural to urban area). The governor also has the power to exclude any area from being declared as a transitional area provided that its population is less than thirty thousand. He can also:

• Include any local area in a transitional area.
• Cancel or modify notifications related to the declaration and specification of the name of a transitional area.  
• Alter the name of such an area. 

Constitution of third grade municipalities

Section 3C of the Act deals with the constitution of third grade municipalities. It consists of all the members that are duly elected. According to the Section, the following persons will also be a part of third grade municipalities:

• Members of the House of People and state legislative assembly representing the constituency which is a part of the third grade municipality.
• Members of the Council of State who are registered as electors within the area of third grade municipality.

However, these members can take part in proceedings or meetings of third grade municipalities, but do not have a right to vote in such meetings. Also, according to Section 3D of the Act, the administration of the transitional area will vest in the third grade municipality. 

Characteristics of third grade municipalities 

As described in the Act, every third grade municipality is:

• a corporate body in the name of a transitional area, 
• has perpetual succession,
• common seal,
• can sue and be sued within the restrictions imposed by the Act. 

Strength and duration of third grade municipalities

Section 3F of the Act, the strength or the total number of members of third grade municipalities will be notified by the inspector according to the population as calculated or ascertained according to the last preceding census. However, the inspector can alter the strength from time to time. 

Section 3G of the Act provides the duration of third grade municipalities. The duration of every third grade municipality is five years from the date appointed for its first meeting, and the expiry date will be taken as its dissolution. The election to constitute the third grade municipality shall be completed either within the period mentioned above or before the expiry of six months from the date of dissolution of the third grade municipality. 

Appointment of a special officer in some districts

Section 3GG provides for the appointment of a special officer in Sholinghur for which a third grade municipality cannot be constituted on 25 October 2001, even after resorting to the election process, the government may appoint a special officer in order to discharge the functions and powers of such third grade municipality until the first meeting of such third grade municipality after the election are conducted. The special officer appointed in this regard will hold office only for six months or a short period as notified by the government.

Section 3GGG provides that for Koothappar town panchayat in Tiruchirappalli district for which town panchayat could not be constituted on 25th October 2006, even after resorting to the election process, the government may appoint a special officer in order to discharge the functions and powers of the town panchayat until the first meeting of such town panchayat after the elections are conducted. The special officer appointed in this regard will hold office only for six months or a short period as notified by the government.

Election of members for third grade municipality

Section 3H of the Act provides for the election of members for third grade municipality. It states that no member shall be elected for more than one third grade municipality. Section 3I further provides for the reservation of seats. The seats in the third grade municipality will be reserved for the following persons:

• Persons belonging to Scheduled Castes and Scheduled Tribes. 
• One-third of seats for women belonging to Scheduled Castes and Scheduled Tribes. 
• One-third seats for women, which includes the seats reserved for women belonging to Scheduled Castes and Scheduled Tribes. 
• Seats will also be reserved for the office of chairpersons of third grade municipalities for people belonging to Scheduled Castes and Scheduled Tribes. The number of seats reserved for this purpose is the proportion of the total number of offices in the state as the population of Scheduled Castes or Scheduled Tribes in the third grade municipalities to the total population of all third grade municipalities in the state. 
• Seats for the chairperson’s office will be reserved for women belonging to Scheduled Castes and Scheduled Tribes, and the number of seats so reserved must not be less than one-third of the total seats reserved for people belonging to Scheduled Castes and Scheduled Tribes. 
• Seats for the office of chairperson will also be reserved for women, which will be one-third of the total offices of chairpersons. This also includes the seats reserved for women belonging to Scheduled Castes and Scheduled Tribes. 

Term of office of the members

According to Section 3K, the term of office of the members of every third grade municipality is five years, which will commence from the date appointed for its first meeting. If a member has been elected in a casual vacancy, he shall hold office only till the time the member in whose place he was elected, would be entitled to office, if there was no vacancy. Section 3J provides that in order to conduct elections of councillors (members from each ward in the third grade municipality), the inspector will divide the transitional areas into wards after consulting the third grade municipalities and determining the number of members to be elected according to the scale. It further provides that only one member will be elected from each ward.

Section 3L provides that the electoral roll of a third grade municipality will be the same as the electoral roll of the Tamil Nadu Legislative Assembly. Section 3M provides that the state government has the power to direct that any provisions of the Act or rules made under the Act would be applicable to the town panchayat to such extent with restrictions and modifications as specified in the notification. 

Village Panchayat as third grade municipality

Section 3 MM of the Act provides that the President and members of a village panchayat who have been elected and are holding office immediately before the date of constitution of a village panchayat as third grade municipality, will be deemed to be the chairman and members of such third grade municipality, and they will continue to hold office till any notification in this regard by the state government or completion of their tenure according to Tamil Nadu Panchayats Act, 1994. 

All the employees, except provincialised employees of the village panchayat, will be the employees of third grade municipalities. The provincialised employees will be transferred by the Director of Rural Development within 3 months from the date on which the third grade municipality has been constituted. 

Section 3N provides that the provisions of this Act will be effective notwithstanding anything inconsistent in this Act or any other law. It further provides that the provisions of this chapter will be in addition ato and not derogatory to any other provisions of the Act. 

Town panchayats

According to Section 29A of the Act, a town panchayat is an institution of self-government which is constituted for a transitional area as defined in Article 243Q of the Constitution. Chapter 1B of the Act deals with town panchayats. 

Constitution and formation of town panchayat 

The Governor has the power to classify and declare any local area which has one or more revenue villages or any portion of it or contiguous portion of two or more revenue villages and a population not less than thirty thousand, as a panchayat town. This declaration is also dependent on other factors like revenue generation, employment in non-agricultural activities, economic factors etc. Every such panchayat town will have a town panchayat. 

The governor also has the power to exclude any area from being declared as a panchayat town. He can also:

• Include any local area in a panchayat town. 
• Cancel or modify notification related to the declaration and specification of the name of a transitional area.
• Alter the name of such an area.

Any inhabitant of such an area can appeal to the High Court within the prescribed period against any notification issued under the Section. 

Section 3Q of the Act deals with the constitution of town panchayats. It consists of all the members that are duly elected. According to the Section, the following persons will also be a part of town panchayats:

• Members of the House of People and state legislative assembly representing the constituency which is a part of the town panchayats. 
• Members of the Council of State who are registered as electors within the area of town panchayats.

However, these members can take part in proceedings or meetings of town panchayats but do not have a right to vote in such meetings. Section 3R deals with the incorporation of town panchayats. It provides that a town panchayat will be constituted for every panchayat town and consist of such elected members as notified. Further, the administration of the panchayat town will vest in the town panchayat, but it will not exercise any functions vested in the chairman or any other authority. The town panchayat will be a body corporate with perpetual succession, can sue and be sued and enter into contracts as well. 

Strength and duration of town panchayat

Section 3T of the Act, the strength or the total number of members of town panchayats will be notified by the inspector according to the population as calculated or ascertained according to the last preceding census. However, the inspector can alter the strength from time to time. 

Section 3U of the Act provides the duration of town panchayats. The duration of every third grade municipality is five years from the date appointed for its first meeting, and the expiry date will be taken as its dissolution. The election to constitute the town panchayats shall be completed either within the period mentioned above or before the expiry of six months from the date of dissolution of the third grade municipality. 

Election of members and their term of office

Section 3V of the Act provides that no member shall be elected for more than one town panchayat. Section 3W further provides for the reservation of seats. The seats in the town panchayats will be reserved for the following persons:

• Persons belonging to scheduled castes and scheduled tribes. 
• One-third of seats for women belonging to scheduled castes and scheduled tribes. 
• One-third seats for women, which includes the seats reserved for women belonging to scheduled castes and scheduled tribes. 
• Seats will also be reserved for the office of chairmen of third grade municipalities for people belonging to scheduled castes and scheduled tribes. The number of seats reserved for this purpose is the proportion of the total number of offices in the state as the population of scheduled castes or scheduled tribes in the third grade municipalities to the total population of all third grade municipalities in the state. 
• Seats for chairmen’s office will be reserved for women belonging to Scheduled Castes and Scheduled Tribes, and the number of seats so reserved must not be less than one-third of the total seats reserved for people belonging to Scheduled Castes and Scheduled Tribes. 
• Seats for the office of chairperson will also be reserved for women, which will be one-third of the total offices of chairmen. This also includes the seats reserved for women belonging to Scheduled Castes and Scheduled Tribes. 

The term of office of the members of every town panchayat is five years, which will commence from the date appointed for its first meeting. If a member has been elected in a casual vacancy, he shall hold office only till the time the member in whose place he was elected, would be entitled to office, if there was no vacancy. Section 3Y provides the term of office of the members. It provides that the term of office of the members elected at the ordinary election will be five years and commence from the date appointed for its first meeting. However, a member elected for casual vacancy will hold office only till the time the member in whose place he is elected would have held the office. Section 3AA further provides that the state government has the power to direct that any provisions of the Act or rules made under the Act would be applicable to the town panchayat to such extent with restrictions and modifications as specified in the notification. 

Village panchayat constituted as town panchayat

Section 3CC of the Act provides that the President and members of a village panchayat who have been elected and holding office immediately before the date of constitution of a village panchayat as town panchayat, will be deemed to be the chairman and members of such town panchayat, and they will continue to hold office till any notification in this regard by the state government or completion of their tenure according to Tamil Nadu Panchayats Act, 1994. The Chairman and the members will exercise all powers and perform duties mentioned under the Act. 

All the employees, except provincialised employees of the village panchayat, will be the employees of town panchayat. The provincialised employees will continue to serve under the town panchayat. 

District municipalities under Tamil Nadu District Municipalities Act, 1920

According to Section 2D, a municipality is an institution of self-government which is constituted for a smaller urban area defined under Article 243Q of the Constitution. Part II of the Act deals with establishment, constitution, and government of district municipalities. Chapter II specifically deals with creation and abolition of municipalities. 

Creation of municipalities

Section 4 of the Act deals with the creation of municipalities at the district level. According to the Section, the governor, on the basis of employment per cent in non-agricultural activities, revenue generated for local administration, population etc, declares his intention to:

• Constitute a municipality.
• Exclude from the municipality any local area comprising therein.
• Include within a municipality any local area within the vicinity. However, no cantonment can be included in such an area. 

The Section provides that any inhabitant of a local area or tax-payer of a municipality can raise objections regarding any notification published with respect to such municipality, to the governor within six weeks from the date of publication of the notification. After considering the objections and the expiry of six weeks, the governor can either declare, exclude or include any local area in the municipality. Further, the state government can classify municipalities for efficient administration as:

• Special grade
• Selection grade
• First grade
• Second grade.

Township

The governor on the basis of the size of the area, and municipal service provided by industrial establishments in that area and other areas declared an urban area comprising any municipality as an industrial township. He will also constitute a township committee. He will further issue a notification declaring that the functions of the municipal council will be vested with the township committee and provide:

• Total number of members of the township committee.
• Selection of the members of the committee.
• Chairman of the committee and manner in which he will be elected.
• Term of office of all the members and chairman.
• Any restriction or condition regarding the functions of the committee.
• Procedure of committee. 

According to Section 4B of the Act, a governor may declare any industrial township as a municipality by issuing a notification in this regard. Section 5 provides that the duration of every municipality will be five years from the date appointed for its first meeting. After the expiry of said period, the municipality will be dissolved. It further provides that the election for constituting a new municipality will be completed:

• Either before the expiry of its duration or,
• Before the expiry of six months from the date of its dissolution. 

Constitution of municipal authorities

Chapter 3 of the Act deals with the constitution of municipal authorities. According to Section 6, the following are the municipal authorities that are charged to carry out functions mentioned in the Act:

• Council
• Chairman
• Executive authority 

It further provides that the municipal council is a body corporate, has perpetual succession, and can sue and be sued. It can hold, acquire and transfer property and also enter into contracts. 

Constitution of the Municipal Council

According to Section 7 of the Act, the Municipal Council consists of councillors and the number of councillors will be determined by the state government. This power of state government to decide the number of councillors must not be exercised more than once within the period of five years. However, the number of councillors must not be more than fifty-two and less than twenty. However, if in case no councillor is elected at an ordinary or casual election held under Section 8, Tamil Nadu State Election Commissioner will fix a day for fresh elections in this regard and the councillor so elected will hold office till the date he would have been in the office if he had been elected at the ordinary or casual election. This is given under Section 9 of the Act. 

The following members will also be represented in the municipality:

• Members of the House of People and state legislative assembly representing the constituency which is a part of the municipality. 
• Members of the Council of State, who are registered as electors within the area of the municipality.

However, these members can take part in proceedings or meetings of town panchayats but do not have a right to vote in such meetings.

Reservation of seats for municipal council

The Section further provides that the seats will be reserved for the following persons:

• Persons belonging to scheduled castes and scheduled tribes. 
• One-third of seats for women belonging to scheduled castes and scheduled tribes. 
• One-third seats for women, which includes the seats reserved for women belonging to scheduled castes and scheduled tribes. 
• Seats will also be reserved for the office of chairmen of third grade municipalities for people belonging to scheduled castes and scheduled tribes. The number of seats reserved for this purpose is the proportion of the total number of offices in the state as the population of scheduled castes or scheduled tribes in the third grade municipalities to the total population of all third grade municipalities in the state. 
• Seats for chairmen’s office will be reserved for women belonging to scheduled castes and scheduled tribes, and the number of seats so reserved must not be less than one-third of the total seats reserved for people belonging to scheduled castes and scheduled tribes. 
• Seats for the offices of the chairperson of the municipality will also be reserved for women, which will be one-third of the total offices of chairmen. This also includes the seats reserved for women belonging to scheduled castes and scheduled tribes. 

Term of office of the members of council

Section 8 provides that the term of office of the members of councillors is five years, which will commence from the date notified by the state government. In case of ordinary vacancy, the seat will be filled up by ordinary election, which will be done within three months before the occurrence of vacancy. If a member has been elected in a casual vacancy, he shall hold office only till the time the member in whose place he was elected, would be entitled to hold office, if there was no vacancy.

Appointment of Chairman and Vice-Chairman

According to Section 12 of the Act, every council is under an obligation to elect one of its members as chairman and one as vice-chairman. It shall also nominate a panel of three members, one of whom will perform the functions of chairman in the absence of both Chairman and Vice-Chairman. The chairman and vice-chairman will have to vacate the office on the expiry of their term as councillors.

The Section further provides that in case the chairman is absent, the Vice-Chairman will perform all the functions of the Chairman. Also, they will be eligible for re-election. It is also provided that both Chairman and Vice-Chairman will be deemed to have assumed office on the declaration of them as Chairman and Vice-Chairman. 

According to Section 12A, if no person is elected as Chairman or Vice-Chairman in the elections held under Section 12, a fresh election will be held. Section 12B further provides that no Chairman or Vice-Chairman or councillors will be paid any remuneration or salary from the funds under the control of the Council for any services rendered by him. They are also not allowed to take any foreign trip in their official capacity except with the permission of the state government (Section 12BB). 

Appointment of Commissioner

According to Section 12C of the Act, a Commissioner will be appointed by the state government in the case of municipalities mentioned in Schedule IX of the Act. There are 54 such municipalities for which commissioners are appointed. Some of these are Coimbatore, Kumbakonam, Octacamund, Salem, Tanjore, Tiruchirapalli, Tuticorin, Tirupattur, Erode, Dindigul, Ambur, Tiruvallur, Rasipuram, Tindivanam, Karur etc. 

The Commissioner appointed is the whole time officer of the municipality and will not undertake any work which is not connected with his office without the permission of the municipal council and state government. Further, the State Government has been empowered under the Act to regulate the methods of recruitment, conditions of service, pay and allowances, discipline and conduct of Commissioners appointed. 

Rights and duties of commissioner 

According to Section 18A of the Act, the following are the rights and duties of a commissioner:

• He has the right to participate in the meetings of the council or committee but cannot vote or move resolutions in the meeting. 
• He will also have to attend the meetings if asked by the chairman to do so. 
• For municipalities mentioned in Schedule IX, the officers and servants will be subordinate to the commissioner.
• He can also delegate his functions to any officer or servant of the council, with restrictions and limitations imposed by him. 

Functions of authorities under Tamil Nadu District Municipalities Act, 1920

The Act specifies powers and functions of chairman, executive authority and the council separately in different provisions which are discussed below-

Functions of Chairman

According to Section 13 of the Act, the Chairman of the Municipal Council will perform the following functions:

• Make arrangements to conduct elections of vice-chairman.
• Convene the meetings.
• Perform all duties as mentioned in the Act. 
• According to Section 18, he can delegate his functions to the vice-chairman. 

Powers and functions of executive authority

The following are the functions of executive authority under the Act (Section 13A):

• Bring the resolutions of the council into effect.
• Furnish periodical reports to the council regarding progress in carrying out the resolutions and collection of taxes. 
• According to Section 15, the executive authority also has emergency powers. In cases of emergency, he can direct the execution of work which requires the sanction of the council, that the expenditure in carrying out the exception will be paid from the municipal fund. 
• Under Section 16, the authority also has the power to incur petty contingent expenditure not exceeding fifty rupees. After that, he has to report such expenditure in the next meeting of the Council.
• Under Section 216, the Executive Authority has the power to ask the owner or builder of a building to demolish or make alterations according to it if the construction of the building was done without due permission of the council or construction was carried on without following the plan or such construction breached any provisions of the Act or bye-laws. 
• Under Section 223, the Executive Authority will grant permission to construct a well, tank, pond or fountain. However, if any of the above-mentioned constructions are done without permission, the authority will either ask the owner to demolish it or grant permission to retain such work, but the owner will be liable for contravention of the provisions of the Act. 
• Under Section 253, the Executive Authority or any person authorised by them has the power to enter any factory, workplace or work-shop any time between sunrise and sunset, when the industry is being carried on or at any time during day or night if there is a reason to believe that any offence has been committed at such place. 
• Under Section 271, the Executive Authority has a duty to make inspection of animals, carcasses, meat, poultry, game, flesh, fish, fruit, etc kept for sale.
• Under Section 274, the authority has the power to seize diseased animals and noxious food. 

Powers and functions of the council

The following are the functions of the council:

• According to Section 19, all the municipal administration will vest in the council.
• Under Section 21, it can ask the executive authority to produce documents which are in its custody. Further, the executive authority will give effect to all the resolutions of the council, unless it is modified, suspended, or cancelled by the controlling authority. 
• Further, Section 23 provides that the council can appoint a standing committee with the approval of the state government. Such an appointment is made after a resolution is passed by not less than one-half of the sanctioned strength of the Council.
• It can also constitute a special committee of members belonging to any committee who possess special qualifications and are not councillors. However, the number must not exceed one-third of the total members of such a committee. (Section 24)
• Under Section 24A, a development plan has to be prepared for the  municipality and the Panchayat Town which will be then submitted to the District Planning Committee constituted under Section 241 of the Tamil Nadu Panchayats Act, 1994 having jurisdiction over the municipality, third grade municipality or town panchayat. 
• According to Section 74, the council has the power to make service rules and regulations regarding:
  • Fixing amount and nature security to be furnished.
  • Educational and other qualifications.
  • Regulations about granting leave and leave allowances.
  • Grant of pension and gratuities.
  • Establishing and maintaining provident funds.
  • Regulating conduct.
  • Conditions of service. 
• Under Section 183, the council will grant the licence to the owner or occupier of premises to put up verandas, balconies, sun shades and other projects over the street. 
• It will also give names and numbers to the new public streets and to parks, playgrounds, bus stands or new municipal property after the approval of the state government and can also alter their names (Section 189). 
• Under Section 227, the Council has a duty to maintain all the wells, tanks and reservoirs that are not private property and fill them whenever necessary. 
• Further, Section 229 empowers the council to construct public wash houses or places for washing clothes for the public and can ask for rent for the maintenance of such areas. 
• Under Section 237, if a building seems unfit for human habitation to the Executive Authority, it may apply to the council, which will prohibit its use after giving the opportunity of being heard to the owner or occupier of the place. 
• Under Section 306, the council has the power to make bye-laws on the following matters:
  • Matters expressly mentioned in the Act.
  • Duties of municipal officers and servants.
  • Use of public tanks, wells and other places of water supply.
  • Public bathing and washing and protection of the water supply system.
  • Supply of water for domestic use.
  • Maintenance and protection of the lighting system.
  • Maintenance and protection of the drainage system. 
  • Laying out streets.
  • Cleansing of earth closets, ash pits and cesspools. 
  • Protection of trees, grass, avenues etc.
  • Regulation of hotels, lodging houses, boarding houses etc.
  • Sanitary control and supervision of places within the municipality.
  • Control and supervision of slaughter houses. 
  • Inspection of public and private markets.
  • Regulations of burial and burial grounds. 
  • Prevention of dangerous diseases. 
  • Enforcement of compulsory vaccination.
  • Prevention of outbreaks of fire.

Duties of individual councillors

According to Section 20 of the Act, the individual councillors have the following duties:

• They may call the attention of the Executive Authority to neglect happening in the execution of municipal work, any waste of municipal property, wants of any locality, and can suggest any improvements for the same. 
• Every councillor will have the right to move resolutions and interpellate the Chairman on matters related with the administration of municipality framed by the Council. 
• The councillors will have access to records of Council during office hours. These can be accessed after giving notice to the Executive Authority, provided that the Authority can forbid the access and furnish reasons for the same in writing. 

Committees constituted under Tamil Nadu District Municipalities Act, 1920

The Act provides for constitution of various committees like taxation appeals committee, wards committee, area sabha and joint committee. These are discussed below:

Taxation Appeals Committee 

Section 23A provides for the constitution of Taxation Appeals Committee and that such a committee will be constituted in every municipality. It will consist of the Chairman of Municipal Council as Chairman of the Taxation Appeals Committee and four councillors that are selected by the council. The business of the committee will be in accordance with the rules made by the State Government in this regard. 

Ward committee 

The municipal council has the power under Section 24C to constitute a ward committee for each ward within its territorial area. The committee will consist of councillors representing the wards in the municipality and members nominated by the persons registered in the electoral rolls of wards and by the council. According to Section 24D, the councillor representing the ward will be the Chairperson and will have to vacate the office as soon as he ceases to be a councillor. 

Section 24E provides that the functions and duties of the committee will be as prescribed and the duration will be co-extensive with the duration of Municipal Council. 

Area sabha

Section 24F provides that the Council will constitute an area sabha for each area in a ward in the municipality. Each ward will consist of not more than five area sabhas. Further, an area sabha will comprise the entire geographical territory in which persons who are registered in the electoral rolls of one or more polling booths are residing. 

The councillor of the ward will be the Chairman and Convener of the area sabha and the duration of sabha will be co-extensive with the duration of Council (Section 24G). 

Joint Committee

Section 26 of the Act deals with appointment of joint committees. The Council has the power to join with one or more local authorities and constitute a joint committee for any purpose in which they have joint interest or for which they are responsible jointly. The committee consists of people who are not the members of the local authorities but who possess special qualifications or interest in the committee. The number of persons in the committee will not exceed one-third of the total number of members of the committee. 

This constitution of the committee will be done through a regulation which will determine:

• Number of members of the joint committee.
• Number of members from the local authorities and outsiders.
• Manner of election and appointment.
• Manner of election and appointment of Chairman. 
• Term of office of the members.
• Powers to be exercised by the members.
• Procedure to be followed in the committee. 

However, the regulation may be revoked if all the concerned local authorities assent to such variation or revocation. In case of difference of opinion between local authorities and provisions of the Act, it will be referred to the State Government and the decision of the government will be final. 

Powers of State Government under Tamil Nadu District Municipalities Act, 1920

The following are the powers of the state government:

• According to Section 24B, the State Government will constitute a wards committee consisting of one or more wards within sucg territorial area of Municipality having population more than 3 lakhs. It further provides that each ward will consist of:
  • All councillors of Municipality representing respective wards within the area. 
  • If there is one ward, the councillor representing the municipality will be in the committee. 
  • If there are two or more wards, one of the councillors elected by the members of ward committee, will be the chairperson of that committee. 
  • Further, the chairman will vacate the office as soon as he ceases to be a councillor. The term of the committee will be co-extensive with the duration of the municipality. 
• According to Section 34, the state government can:
  • Call for any document under the authority of the council or executive authority.
  • Require the council to furnish any plan, return, statement, account, or statics. 
  • Require the council or executive authority to provide information on any matter of the municipality. 
• The state government also has the power to suspend or cancel resolutions as mentioned in Section 36. It can:
  • Suspend or cancel any resolution, order issued or permission granted. 
  • Prohibit the doing of any act, if such resolution, order, licence or permission has not been legally granted or is in excess of powers conferred under the Act or execution of which is likely to cause danger to human life, health or safety or lead to a riot. 
• The state government under Section 38 of the Act also has the power to appoint officers to supervise the municipalities.
• It can also undertake work or action, in default of a municipality, under Section 39 of the Act.
• According to Section 40 of the Act, the state government can remove any chairman or vice-chairman, if he willfully omits or refuses to carry out any function or disobeys the provisions of the Act. 
• Under Section 41, the state government also has the power to dissolve the council, if it persistently does not perform the duties and functions mentioned in the Act. 
• Under Section 73A of the Act, the state government has the power to transfer officers and servants of municipalities. It can transfer any officer or servant of any municipality to the municipality or corporations in Chennai or to any other municipality or corporation. 
• Further, the state government under Section 76A has the power to appoint a health officer, engineer or electrical engineer. 
• Under Section 191, the State government has the power to make Rules for restrictions on buildings and sites to be used for the construction of buildings. The rules further provide that no insanitary site will be used for the construction of buildings and no such site will be used which is intended for public worship. 
• Under Section 303, the state government has the power to make rules regarding:
  • Matters related to the provisions of the Act.
  • Conditions on which property may be acquired by the municipal council.
  • Working of provident funds.
  • Matters related to taxation and finance rules.
  • Preparation of plans and estimates for construction work under the Act.
  • Accounts are to be kept by the council.
  • Estimates of receipt and expenditure.
  • Registers of births and deaths.
  • Powers of auditors and officers permitted to hold inquiries, summon and examine witnesses etc.

Appointment and election of councillors

Section 43 of the Act deals with the election of municipal councillors. For this, the state government, after consulting the municipal council, divides the municipality into different wards and also determines the number of members to be elected. It further provides that only one member will be elected from each ward. 

According to Section 43A, if a person has been elected for more than one ward, he shall within seven days intimate the commissioner, the ward which he chooses to be a part of and serve. If he fails to do so, the commissioner will determine the same by lot. Section 43AA provides that for the first election of council that is to be held immediately after 14th July, 2006, the territorial area of the wards, number of wards and councillors will be the same as they existed on 14th July, 2006. The Commissioner of the Commission will be appointed by the Governor under Article 243K of the Constitution. 

Further, Section 43B of the Act empowers the Tamil Nadu State Election Commission with the power to.conduct, control, direct and supervise the elections to municipalities including third grade municipalities and town panchayats. Section 43BB makes it mandatory to grant holiday to the employees who are entitled to vote on the day of poll and  no wages would be deducted for this. If the employer fails to comply with the above provision, he will be punishable with a fine of Rs. 500. However, it is not applicable to the elector whose absence will cause substantial loss or danger of such substantial loss in the employment.

Section 44A of the Act bars the jurisdiction of a civil court from entertaining or adjudicating any question related to the issue of whether a person is entitled to be registered in the electoral roll in a municipality or inclusion or exclusion of any entry by any authority in the electoral roll. Section 44B provides that if a person makes false declaration in writing with respect to preparation, revision or correction of an electoral roll or inclusion or exclusion of any entry in or from the electoral roll, he will be punished with imprisonment upto a year or fine or both. 

Election Rules 

The Act empowers the State Government under Section 44C to make rules with respect to procedure regarding elections after consulting the Tamil Nadu Election Commission. These rules will also provide rules for the deposits to be made by the candidates and circumstances under which the deposit will be forfeited. It further provides that the deposit must not exceed three thousand rupees. 

In lieu of this, The Tamil Nadu Town Panchayats, Third Grade Municipalities and Corporations (Election) Rules, 2006 have been made and implemented in the state with respect to election of Municipalities including town panchayats and third grade municipalities. The rules provide for the powers and functions of the State Election Commission as:

• It can delegate its powers to the officers.
• The State election officer, district election officer, electoral registration officer, returning officer, assistant returning officer, presiding officer, polling officer and officer appointed officer will be responsible for conduct of elections and deemed to be deputed to State Election Commission from the commencement of preparation of electoral rolls to completion of elections.
• The Commission can obtain information and particulars about casual vacancies that are required to be filled.
• The Executive Officers and the Commissioners are under obligation to report such casual vacancy within one week to the State Election Commission. 

The rules further provide provisions for preparation of electoral rolls, nomination of candidates, deposits, withdrawal of candidature, registration of political parties, etc. 

Qualifications for the membership of the council

According to Section 48, the following are the qualifications of a person to be eligible for election of councillor:

• His name must be included in the electoral roll of the municipality.
• He must have completed twenty-five years of age. 
• No officer of the government or village officer will be qualified for the election of councillor. 

Section 49 of the Act provides for the disqualification of candidates. The following persons are disqualified from the election of councillor:

• A person who has been sentenced for more than six months for any offence other than related to political character. 
• A person convicted for an offence which is punishable under the Civil Rights Act, 1955 will be disqualified for six years.
• A person who is disqualified from being a councillor under Section 50 will be disqualified from contesting the elections of councillors. 
• A person will also be disqualified if he is:
  • of unsound mind, deaf-mute or leper; or
  • bankrupt or insolvent.
• Section 49A further provides that a person will be disqualified from being a Chairman or Vice-Chairman or Councillor of Third Grade Municipality or Town Panchayat if he is either a member of Legislative Assembly of State or a member of either house of Parliament. 

Further, Section 50 provides that a councillor will cease to hold his office if he is:

• Convicted of an offence punishable under the Protection of Civil Rights Act, 1955.
• Becomes unsound, deaf-mute or leper.
• Becomes bankrupt or insolvent.
• Acquires any interest in any subsisting contract made with the council, except the shareholder. 
• Employed as a paid legal practitioner on behalf or against the council.
• Does not belong to the scheduled caste or scheduled tribe but has been elected from the seat reserved for them.
• Appointed as an officer or servant under the Act or as honorary magistrate. 
• Accepts employment under any other councillors. 
• Ceases to reside in the municipality.
• Fails to pay arrears due to him.
• Fails to attend meetings of the council for consecutive three months. 

Grounds for declaring any election void

Section 51A provides that any objection regarding the election under the Act will be given in the form of an election petition to the District Judge of the district in which the municipality is situated within 45 days from the date results were announced. The election petition consists of:

• A concise statement of material facts by the petitioner.
• Sufficient particulars.
• Duly signed by the petitioner and verified. 

Section 51B further provides grounds for declaring the election void. These are:

• The candidate was not qualified.
• Any corrupt practice has been committed by the candidate.
• Any nomination paper has been rejected improperly.
• The result of the election has been affected by the improper acceptance of the nomination, a corrupt practice committed in the interest of the returned candidate by any other or improper acceptance or refusal of any vote. 

On the above-mentioned grounds, the election can be declared void. However, if the judge thinks the contrary and is of the opinion that the candidate took reasonable measures to prevent corrupt practices, then the district judge has to declare the election of the returned candidate as not void. 

Election offences and penalties 

Section	Offence/penalty	Punishment
Section 56	Infringing the secrecy of the election	Imprisonment up to six months or a fine or both.
Section 56A	Personation at an election.	Imprisonment not less than six months and not exceeding two years and a fine.
Section 56B	Promoting enmity between classes in connection with election.	Imprisonment up to three years or a fine or both.
Section 56C	Prohibition of public meetings on the day of the election or the day preceding it.	Fine up to two hundred and fifty rupees.
Section 56D	Disturbances at election meetings.	Fine which may extend up to two hundred and fifty rupees.
Section 56F	Officers at election not to influence voting.	Imprisonment up to six months or a fine or both.
Section 56G	Prohibition of canvassing near or in the polling stations.	Fine extending up to two hundred and fifty rupees.
Section 56H	Disorderly conduct in or near the polling stations.	Imprisonment up to three months or a fine or both.
Section 56I	Misconduct at polling stations.	Imprisonment up to three months or a fine or both.
Section 56J	Illegal hiring or procuring conveyance at election.	Fine up to two hundred and fifty rupees.
Section 56K	Breaches of official duty related to election.	Fine extending to five hundred rupees.
Section 56L	Removal of ballot papers from the polling stations.	Imprisonment extending up to one year or fine extending up to five hundred rupees or both.
Section 56M	Other offences	Imprisonment up to two years or a fine or both, if he is a returning officer or assistant returning officer and imprisonment up to six months or a fine or both if he is another person.

Requisition of property for election

Section 60A of the Act empowers the State Government to requisition any property or vehicle or vessel or animal for the purpose of election by an order made in writing. However, no property, vehicle, or vessel used by a candidate or his agent for the purpose of election, will be requisitioned. Section 60B further provides that if any premises have been requisitioned by the State Government, the Municipal Council will pay the owner of premises such compensation which will be determined considering the following factors:

• Rent payable according to the provisions of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. 
• If the person residing in the premises is compelled to change his residence or place of business, he will be paid the required expenditure. 

The State Government also has the power to obtain any information from any such authority with respect to possession of requisitioned property (Section 60C). Further, any person authorised by the State Government can enter such premises and inspect the property or vehicle to be requisitioned (Section 60D). Under Section 60E, it has been given that any person residing in the premises to be requisitioned can be evicted and if a woman who is not allowed to appear in public, is residing in the premises of such property, she must be given reasonable warning and facility to withdraw, and then the officer can remove the lock or break open any door for eviction.

At the time of release of property or vehicle from such requisition, the possession must be given to the person from whom it was taken and thus would discharge the government from all the liabilities with respect to such delivery and if such a person or his agent cannot be found, copy of notice of release from requisition must be affixed to conspicuous part of such premises (Section 60F). Section 60H further provides that if any person contravenes the above provision, he will be punished with imprisonment upto one year or fine or both. 

Powers of municipal authorities with respect to property, contracts, and establishments under the Act

Under Section 61 of the Act, all the public streets, sewers, drains, tunnels etc in a municipality will vest in the municipal council. According to Section 61A, if a particular public street has been withdrawn from the control of the municipal council and handed to the highways department of the state government, it is the duty of the council to order for:

• Lighting, watering, and drainage of such streets.
• Maintenance and repair of water supply mains, drains, and sewers alongside such streets.
• Maintenance and repair of footways of such streets. 

Section 62 further provides that all the rubbish and filth collected by the municipal council will belong to it, and Section 63 gives the power to the board of revenue to transfer control of endowments to the municipal council. Further, the executive authority has to maintain an inventory of all the immovable property owned by the council as given under Section 64 of the Act. 

According to Section 68 of the Act, the council can delegate its power to the chairman or a committee of two or three members to enter into a contract on its behalf according to the amount mentioned therein. Section 69 provides that every contract made on behalf of the council must be in writing if the value of such contract exceeds one hundred rupees and must be signed by two municipal councillors. Section 71 provides that in a municipality which does not belong to Schedule IX of the Act, the council can sanction a post of secretary. It can also sanction a post of health officer and municipal engineer by special resolution and only if required by the state government. 

Taxes levied under Tamil Nadu District Municipalities Act, 1920

According to Section 78 of the Act, the following taxes may be levied by a municipal council:

• Property tax
• Profession tax
• Tax on carriages and animals
• Tax on carts
• Tax on advertisements other than those published in the newspaper and broadcasted on radio or television.
• A municipal council on any hill station can also levy tax on servants. 
• A pilgrim tax can also be levied under Section 116 of the Act on people where the municipality is resorted to by the pilgrim and if an occasion of pilgrimage occurs at intervals in a year, tax will be levied for a specified period. But where the occasion of pilgrimage is often, the tax will be levied throughout the year. 

Further, Section 80 provides that whenever the council levies any new tax or a new rate, the same has to be published in the district gazette. Section 117 of the Act empowers the municipal council to exempt any person wholly or partly from the liability to pay tax with the sanction of the state government. However, the exemption from the liability will not solely be on the ground that the person is a member of the municipal council. Further, the commissioner under Section 117A has the power to assess a person trying to escape from the assessment of tax under the following circumstances:

• Person escaped assessment in any half year or,
• He has been assessed at a lower rate that he is to be assessed or,
• He has not been duly assessed in case of property tax or the value of land or building concerned has not been determined properly. 

Further, Section 118 gives power to the municipal council to write off any tax which is irrevocable. According to Section 119, all the money received by the municipal council will be constituted in a fund named municipal fund and will be used and disposed of as per the provisions of the Act. 

Property tax

According to Section 81, property tax will be levied on all buildings and lands within the municipality and not exempted under the Act. A property tax comprises of:

• Tax for general purpose.
• Water and drainage tax.
• Lighting tax.
• Scavenging tax.
• Railway tax. 

However, the following lands and buildings are exempted from the property tax as given under Section 83:

• Places of public worship.
• Choultries for the occupation for which no rent is charged.
• Buildings for educational purposes.
• Ancient monuments are protected under the Ancient Monuments Preservation Act, 1904. 
• Charitable hospitals and dispensaries.
• Burial and burning grounds.
• Buildings and lands belonging to the Municipal Council.

Section 86 provides that this tax will be levied every half year and must be paid by the owner of the premise within thirty days after the commencement of the above-mentioned period. 

Tax on carriages and animal

Section 98 provides that the tax on carries and animals shall be levied half yearly by the municipal council on the carriages and animals within the municipality and also mentioned in Schedule IV. Section 99 further provides that every person who has possession of carriages or animals within the municipality will be liable to a full half-yearly tax if these are kept in the municipality for not less than sixty days in the half-year. If the aggregate period exceeds fifteen days but less than sixty days, a moiety of only half a year will be levied but if the period does not exceed fifteen days no tax will be levied. 

Section 100 gives certain exemptions from the tax. The tax on carriages and animals will not be levied on the following:

• Carriages and animals belonging to the government and those used by the military.
• Carriages and animals are kept for sale.
• Carriages that are under repair during the whole half year.
• Infirm and unfit animals. 

Tax on carts and advertisements

According to Section 105, tax will also be levied on the carts kept within the municipality. Section 107A deals with tax on advertisements other than those published in a newspaper or broadcasted on any radio or television. However, no such tax will be levied on any notice of:

• A public meeting.
• Election to any legislative body or council.
• Candidature notice. 
• Any sky sign which is exhibited on the window of any building.
• Any sky sign which relates to the trade or business carried on within the land or building over which it is exhibited.
• Any sky sign which relates to the business of railway administration. 

Tax on profession 

Chapter VI A of the deals with tax on profession and trade. According to Section 124 D, a municipal council may also levy tax on profession, trade, calling, and employment. Section 124 E provides for the liability of employers to deduct from the salary or wages of employees the tax payable by the person. In this regard, the employers have to file a return to the Executive Authority showing the salary paid to the employees and the taxes deducted (Section 124F). Further, the Executive Authority will accept the return if satisfied or if the employer fails to file the return, the Authority will assess the employer and determine the tax due and serve a notice in this regard to the employer (Section 124G). Apart from this, the Executive Authority can impose a penalty on the employer according to Section 124H. Further, any person aggrieved by the order of Executive Authority can file an appeal to the Taxation Appeals Committee whose decision will be final and binding. 

However, it will not be applicable to the following persons (Section 124J):

• Members of the armed forces of the union.
• Members of Central Reserve Police Force.
• Physically disabled persons with total disability in hands and legs or totally dumb, blind or deaf.

Water supply, lighting and drainage

Chapter VII deals with water supply, lighting and drainage. Section 125 provides that all public water courses, reservoirs, tanks, fountains, wells etc existing at the time when the Act came into being or was made or erected at the cost of municipal council will be under the control of council. Section 126 further empowers the municipal council to direct the construction of such works which are necessary for the supply of water with the sanction of the state government. Section 128 prohibits the construction of any building, wall or structure over any municipal water mains. If done so, the council can direct to remove the building or structure and ask for expenses. 

Further, Section 129 imposes an obligation on the council to provide sufficient supply of water for domestic use. The Executive Authority under Section 131 on the application of owner or occupier of building, can supply water for domestic use and consumption to the premises where the supply of water is through pipe. However, the Authority cannot agree to supply water at the cost less than one hundred twenty rupees without the sanction of council. The Section further provides that the cost of making connection and meters will be borne by the owners or applicant and will be recoverable in the same manner as property tax. However, the supply of water for domestic consumption will not include:

• Supply for any trade, business or manufacture.
• Supply for garden or irrigation.
• Supply for buildings.
• Supply for fountains, public baths etc.
• Supply for animals, washing vehicles etc. 

Section 134 of the Act gives the Executive Authority the power to cut off water supply and the expenses will be borne by the owner or occupier of the premises, under the following circumstances:

• If the premises are unoccupied.
• If the water bill or tax or any other charges with respect to making connection and hire of meters is not paid within fifteen days after such bill has been presented. 
• If the owner or occupier negligently or willfully damages his meter or pipes or tap conveying water supply.
• If the owner or occupier continues to use water contravening the by-laws made under the Act after receiving notice from the Executive Authority.
• If any pipes, taps, works or fittings connected with Municipal water supply are found to be out of repair by the Executive Authority etc. 

Section 136 of the Act imposes a duty on the council to cause the public streets to be lighted and provide lamps and other works for this. 

Public and private drainage

Section 137 provides for maintenance of public drains by the municipal council. Further, Section 138 deals with private drains and provides that all the house drains, whether within or outside the premises to which they belong, will be under the control of municipal council but altered, repaired, and maintained at the cost of owner or occupier of the premises. 

Under Section 140, the Executive Authority has the power to close or limit the use of existing private drains. Section 141 of the Act gives power to the Executive Authority to drain premises in combination if the Authority is of the opinion that any group or block of premises situated within one hundred feet of municipal drain be drained more economically and advantageously in combination than separately. 

Section 151 of the Act prohibits a person from making any connection with any municipal cable, wire, pipe, drain or channel without the permission of the Executive Authority. Further, Section 152 provides that the municipal council will not undertake any work beyond the limits of the Municipality without the sanction of the state government.  It further provides that the council will exercise all the powers which it may exercise within the municipality with respect to execution of works beyond the limits of Municipality with the sanction of the state government. It will exercise all the powers over:

• Any lake, tank or reservoir from which a supply is water for drinking, producing electricity or other purpose is derived and over all lands within one mile of the high water level of any such lake, tank or reservoir;
• Any water course from which a supply of water for drinking, producing electricity or other purpose is derived within one mile above and half a mile below any point at which water is taken for the use;
• Any lands used for sewage farms, sewage disposal tanks, filters and other works connected with the drainage of the Municipality. 

Scavenging 

Chapter VIII of the Act deals with scavenging. Section 153 provides that every municipal council must make arrangements for:

• Sweeping and cleaning of streets.
• Daily removal of filth and the carcasses of animals from private premises. 
• Daily removal of rubbish from dustbins and private premises and provide-
  • Depots for deposits of filth and rubbish.
  • Covered vehicles or vessels for removal of filth.
  • Vehicles or other means for removal of carcasses of large animals and rubbish.
  • Dustbins for temporary deposit of rubbish.

Section 157 prohibits a person from:

• Depositing the carcasses of animals, rubbish or filth in any street or verandah of any building or on any unoccupied ground alongside any street or on any public quarry, jetty or landing place or on the bank of a water course or tank; or
• Depositing filth or carcasses of animals in any dustbin or vehicle not meant for removal of such filth or
• Depositing rubbish in any vehicle or vessel meant for the removal of filth for the purpose of deodorising or disinfecting the filth. 

Section 158 prohibits the owner or occupier from keeping filth on the premises for more than twenty four hours. Further, Section 159 prohibits a owner or occupier of any premises from allowing the overflow of water or any filth out of the premises from any sink, drain, latrine or stable to any portion of a street except a drain or cesspool. According to Section 161, no person is allowed to put any rubbish or filth into any public drain not meant for rubbish or filth or any drain communicating with any such public drain. 

Maintenance of streets

Chapter IX of the Act deals with Streets. It provides provisions for public streets, private streets, encroachment etc. 

Public streets 

Section 162 provides provisions for the maintenance and repair of streets by the council and that improvements must be made for public health and safety. Section 162A provides that the municipal council will plant trees on the sides of public streets at the cost of municipal fund and make arrangements for the preservation of such trees. Under Section 163, the council has the power to:

• Make new public streets.
• Construct bridges.
• Permanently close any street after consulting the state government.
• Widen, open or improve any public street. 

Under Section 164, when a public street is closed permanently, the council may with the sanction of the State Government dispose of the site which is no longer required provided that the compensation will be made to the person who is injured by doing so. In determining the compensation, allowance will be made for any benefit accruing to the same premises or any adjacent premises belonging to the same owner for which the compensation is paid, is closed. Section 166 gives power to the council to prescribe building line and street alignment. It provides that the council will:

• Prescribe for any public street a building line or a street alignment, or both;
• Define a fresh line in substitution for any line so defined.

However, in either case, public notice of the proposal has to be given and special notice to be given at least one month before the meeting of council at which the matter is decided. The council will also consider all the objections to the said proposal which is made in writing and delivered at the municipal office within not less than three days before the day of such meeting. Further, Section 167 provides that a person will not construct any portion of any building within a street alignment as defined in Section 166. It further prohibits a person from erecting or adding to any building a street alignment and a building line defined under Section 166 without the permission of Executive Authority who can impose certain conditions which the council may decide. 

Section 171 of the Act provides that the council will cause the chief public streets to be watered and also provide water carts, animals and apparatus for the same. Section 172 gives power to the Executive Authority to order for temporary closing of any street for repair or to carry out any other work related to drainage, water-supply or lighting. However, the work must be completed with reasonable speed. 

Private streets

Section 175 imposes an obligation on the owner to make a street when disposing of any land as building sites in order to give access to the site or sites and connect it with existing public or private streets. Section 176 provides that if any person wants to make a new private street, a written application has to be sent to the municipal office with plans and sections and must provide the following particulars:

• Level, direction and width of street.
• Street alignment and building line.
• Arrangements for levelling, paving, metalling, flagging, channelling, draining, conserving and lighting the street. 

The council will either sanction the application within 60 days or ask for further information. However, sanction may be refused on the following grounds:

• If the proposed street is in conflict with any arrangements made for carrying out any general scheme for laying out the streets.
• If the proposed street is not in conformity with the provisions of this Act or rules and by-laws.
• It is not designed to connect at one end with a street which is already open. 

The Section further provides that a person will not make or lay out any new private street without the orders of council, and if any application is not disallowed within 120 days from the date of receipt it will be considered as sanctioned. 

Section 177 provides for alteration or demolition of streets which are made in contravention of Section 176. Section 178 gives power to the Executive Authority to order the owner or occupier of the buildings whose private street is not levelled, paved, metalled, flagged or channelled, to carry out the work which is necessary within the time mentioned in the notice. Section 178 further provides that such streets can be declared as public streets on the requisition of not less than three-fourths of the owner. 

Encroachment on streets

Section 180 provides that no person will build any wall or erect any fence or any other obstruction or make any encroachment over any street.  Further, Section 180A provides that public streets will be open to all and will be maintained by a municipal council. Section 181 prohibits placing of any door, wall, gate, bar or window without licence from the Executive Authority. It can also require the owner of such a gate, door, bar or window to alter it so that it does not project over the street. 

Section 182 deals with removal of encroachments situated over or against any street on the order of the Executive Authority. However, if the owner or occupier is able to prove a prescriptive title according to law of limitation or that it was erected with the due permission of municipal authority, the council will make reasonable compensation to every person suffering the damage by such removal or alteration. 

According to Section 184, the Executive Authority has to take certain precautions during the repair of streets. These are:

• Fence the street and guard it.
• Take precautions for the prevention of accidents by shoring up and protecting adjoining buildings.
• Posts and chains to be fixed where work is under execution. 
• The authority will have to cause lighting of drains and premises and also guard them at night while they are under construction.

Section 185 provides that no person will remove any bar, chain, post or shoring timber without loafer authority set up under section 184. Section 186 provides that no person is allowed to make a hole or cause any obstruction in any street without any permission from the Executive Authority.

Building regulations 

Chapter X deals with building regulations. Section 191 provides that the state government make rules regarding regulation or restriction of use of sites for building and regulation or restriction of building. The rules will further provide that:

• No insanitary or dangerous site will be used for building.
• No site will be used for construction of a building meant for public worship if it affects the religious feelings of others. 

Further, the state government can also make rules regarding:

• Information and plans to be submitted together with applications for permission.
• Height for buildings.
• Level and width of foundation, level of lowest floor and stability of structure.
• Number and height of storeys. 
• Open space, ventilation etc. 

Further, the Tamil Nadu Municipalities building rules, 1972 provide rules for construction of buildings in the state. 

Regulations for building construction in hill stations

According to Section 217B of the Act, no person is allowed to carry on the following activities in a hill station without a licence granted by the state government:

• Construction or reconstruction of any building.
• Use any agricultural or non-agricultural land.
• Carry out engineering, mining or other allied operations on such land. 

If the department of the central government, state government or local government proposes to carry out the above-mentioned activities, the same has to be informed in writing to the Committee for Architectural and Aesthetics Aspect and provide certain information and particulars to the committee at least three months before carrying out such activities. If there is any objection with respect the any of the activities, the officers of the central government will:

• Make necessary modifications in the construction. 
• Submit the proposal with objections to the state government for its approval. 

Licence for building on hill station 

Section 217C of the Act further provides that every application for the licence must be submitted to the Executive Authority along with necessary fees and particulars. The application will be further examined by the authority. The state government will constitute a committee called the Committee on Architectural and Aesthetics Aspects. This committee will examine the applications submitted to the Executive Authority and forward the same to the state government. While examining the applications, the committee must consider the following:

• The application complies with the rules and regulations of the Act.
• Construction is not detrimental to the scenic beauty and natural environment of the hill station.
• Construction will harmonise with the landscape of the hill station.
• The possibility of the construction must not be to:
  • Create unfavourable conditions for the natural environment of the hill station.
  • Leading to the concentration of the population in the area.
  • Lead to deforestation and soil erosion.
  • The construction must preserve the special characteristics of the hill station.
  • An open space must be left out in the building to provide for ventilation.
  • Minimum cubic area for rooms, height, and number of storeys must be taken into consideration.
  • The level and width of the foundation must be taken into consideration etc. 

Grant of licence 

Under Section 217D, the licence will be granted to the applicant if there is no harm or damage to the scenic beauty and natural environment of the hill station. It will be valid for one year from the date it was granted as given under Section 217F. However, Section 217E provides that such a licence can be cancelled or suspended at any time if it proves that:

• Licence was obtained by fraud or misrepresentation.
• The holder of the licence contravened the provisions of the Act.

Under Section 217J, the State government or the Executive Authority has the power to:

• Stop construction or reconstruction of the building,
• Stop the user of any building or land,
• Alter or demolish any building,
• Stop the user of agricultural land to carry out non-agricultural activities,
• Stop activities like mining, engineering, and other allied operations,

by notice made in writing to the owner, occupier, or lessee of any land in the area. This power will be exercised only in cases where the state government is of the opinion that any provision of the Act has been violated. 

Licences and fees

Chapter XII deals with licences and fees. Section 244 exempts government and market committees from obtaining any licences and permissions. Section 245 provides for licences of those places in which animals are kept. 

Licence for slaughtering houses

According to Section 254, the council will provide places that can be used as slaughtering houses and ask for rent for the same. Application for a licence for such a place is to be submitted to the Executive Authority within thirty to ninety days before such place is used as a slaughtering house (Section 255). Further, Section 256 provides that the Execution Authority may allow animal slaughtering during occasions and festivals. 

Licence for trade and import of milk 

Section 258 of the Act prohibits a person from carrying on the trade or import of milk or dairy products within a municipality or using a place for the sale of milk or dairy products without a licence. Section 259 provides that any market within a municipality which is constructed, maintained or repaired by funds of the municipality will be a public market. The council under Section 260 has the power to levy the following fees in the public market:

• Fees to expose goods for sale in such markets.
• Fees for the use of shops, stalls, or stands in the market.
• Fees on vehicles.
• Fees on animals brought for sale at such places. 
• Licence fees.

In order to construct a private market, the owner has to obtain a licence from the council within thirty to ninety before the opening of such a market (Section 262). Further, Section 264 provides that the council requires the owner, occupier, or farmer of the private market to:

• Construct approaches, gates, passages, and drains in the market.
• Roof and pave the floor with material to secure imperviousness.
• Provide ventilation facilities.
• Keep the place clean and proper.

Penalties under Tamil Nadu District Municipalities Act, 1920

Section	Description	Penalties
Section 314	Penalty for acting as councillor, chairman, or vice-chairman when disqualified.	Fine not exceeding two hundred rupees for acting as a member of the council and one thousand rupees for acting as chairman or vice-chairman.
Section 316	Penalty for omission to take licence for vehicle or animal.	Fine not exceeding fifty rupees.
Section 317	Unlawful building.	Fine which is different for different buildings and structures for a building the fine is up to five hundred rupees.
Section 318	Penalty for withdrawal of scavengers without notice.	Fine not exceeding fifty rupees and imprisonment extending up to two months.
Section 320	Penalty for giving false information or no information.	Fine not exceeding a hundred rupees.

Duties of police officers under Tamil Nadu District Municipalities Act, 1920

According to Section 355, the police officers have the duty to:

• Communicate any information pertaining to the commission of any offence under the Act to the Municipal officer.
• Assist the Chairman or Executive Authority or Municipal officer to exercise their powers lawfully.

Under Section 356, the police officers also have the power to arrest such a person who they have a reason to believe has committed any offence and refuses to tell his name or address when asked. However, no person arrested shall be detained in custody:

• After his true identity and address has been ascertained.
• Without the order of the magistrate, not more than twenty-four hours from the hour of arrest. 

Conclusion

The Tamil Nadu District Municipalities Act, 1920 was enacted in the year 1920 with an aim to consolidate and amend the law relating to district municipalities in the State. It provides definitions of terms like building, building line, chairman, company etc used in the Act. It gives detailed provisions about the roles and responsibilities of municipalities in a district. It also provides for the constitution and manner of appointment of authorities essential to carry out the functions of the Act. 

The Act further provides offences and penalties under the Act. It also provides the duties of police officers. However, an insight provides that the fines and punishment provided under the Act are less and should have been more strict and stringent in order to maintain law and order within a municipality. If the fines and punishment are less, people will not realise their responsibility and continue to commit offences thus, it is necessary to have stringent laws. The Act is one such peculiar piece of legislation that can help bring stability within a municipality in a district that every state must aim to achieve. 

Frequently Asked Questions 

What do you mean by casual vacancy?

According to Section 3(7) of the Act, a casual vacancy means a vacancy that occurs due to efflux by time and as a result of which casual elections are held.

What is a ward committee?

A ward committee is a committee constituted by the state government under the Act within a territorial area of a municipality having a population of more than three lakhs. It consists of all the councillors of the municipality representing their wards within the territorial area of the wards committee as mentioned under Section 24B. The duration of such a committee will be coextensive with the duration of the municipality. 

How is a joint committee appointed?

According to Section 26, a joint committee is appointed by the council if required by the state government and consists of people who are not members of local authorities but possess special qualifications. The constitution of the committee is determined by a regulation which provides for:

• the total number of members of the committee.
• The manner in which the members will be elected or appointed.
• Manner in which the chairman will be elected or appointed.
• Term of office of members and chairman.
• Powers of the committee.

Who prepares the annual administration report?

The Executive Authority will prepare the report which will be considered by the municipal council and forward the same to the state government. 

What are the provisions related to smallpox under the Act?

According to Section 300, the vaccination of smallpox is compulsory in every municipality. Further Section 301 provides that if in a house, a person, or inmate is suffering from smallpox, the head of the family is under obligation to inform the same to the Executive Authority without any delay and that inoculation of smallpox is prohibited according to Section 302. 

References

• https://www.scribd.com/document/342888650/Tamil-Nadu-District-Municipalities-Act-1920
• https://www.livelaw.in/tags/tamil-nadu-district-municipalities-act-1920
• https://payment.ccmc.gov.in/dwnldforms/Town_Planning/Regulating%20construction%20in%20vicinity%20of%20Aerodrome%20.pdf
• https://timesofindia.indiatimes.com/city/kolhapur/water-kept-for-power-generation-to-be-diverted-to-sangli-fadnavis/articleshow/106007324.cms
• https://www.thehindu.com/news/cities/chennai/bill-to-amend-municipal-laws-introduced/article7588821.ece
• https://timesofindia.indiatimes.com/asrelated.cms?msid=56294819&ver=3
• https://www.scconline.com/blog/post/tag/tamil-nadu-district-municipalities-act/
• https://blog.ipleaders.in/roads-are-secular-case-analysis-of-ramasamy-udayar-v-district-collector-perambalur-district/ 

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