TAMIL NADU MUNICIPAL LAWS (SECOND AMENDMENT)
ACT, 2003 THE TAMIL NADU
MUNICIPAL LAWS (SECOND AMENDMENT) ACT, 2003[1] [ Act No. 33 of 2003] An Act further to
amend the laws relating to the Municipal Corporations and Municipalities in the
State of Tamil Nadu. BE
it enacted by the Legislative Assembly of the State of Tamil Nadu in the
Fifty-fourth Year of the Republic of India as follows:? Statement of Objects
and Reasons[2] In
order to augment ground water resources, it has been decided to make it
mandatory to provide rain water harvesting structure in all buildings. As rain
water harvesting structures will have to be put up before the ensuing monsoon,
it has also been decided to give a time limit to be specified in the Rules, to
provide rain water harvesting structure by the owner or occupier of every
building and in case they do not provide Rain Water Harvesting Structure within
the above said period, the authorities of the local body concerned will provide
the Rain Water Harvesting Structure in those building and recover the cost of
provision of Rain Water Harvesting Structure with the incidental expense from
such owner or occupier as Property Tax. 2.
It has also been decided that if such owner or occupier of the buildings fails
to provide Rain Water Harvesting Structure on or before the day to be specified
in the rules, the water supply connection provided to such buildings shall be
disconnected. Accordingly, the Tamil Nadu Municipal Laws (Second Amendment)
Ordinance, 2003, (Tamil Nadu Ordinance 4 of 2003) was promulgated by the
Governor on the 19th July 2003 and the same was published in the Tamil Nadu
Government Gazette Extraordinary dated the 19th July, 2003. 3.
The Bill seeks to replace the said Ordinance. (1) This Act may be called the Tamil Nadu Municipal
Laws (Second Amendment) Act, 2003. (2) It shall be deemed to have come into force on the
19th July, 2003. After
Section 255 of the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act
IV of 1919), the following Section shall be inserted, namely: "255-A. Provision of Rain Water Harvesting
Structure.? (1) In every building owned or occupied by the Government or a
statutory body or company or an institution owned or controlled by the
Government, rain water harvesting structure shall be provided by the Government
or by such statutory body or company or other institution, as the case may be,
in such manner and within such time as may be prescribed. (2)? ?Subject to the provisions of sub-section (1),
every owner or occupier of a building shall provide rain water harvesting
structure in the building in such manner and within such period as may be
prescribed. Explanation:
Where a building is owned or occupied by more than one person, every such
person shall be liable under this sub-section. (3) ??Where
the rainwater harvesting structure is not provided as required under sub-section
(2), the Commissioner or any person authorised by him in this behalf may, after
giving notice to the owner or occupier of the building, cause rain water
harvesting structure to be provided in such building and recover the cost of
such provision along with the incidental expense thereof in the same manner as
property tax. (4) ???Notwithstanding
any action taken under sub-section (3), where the owner or occupier of the
building fails to provide the rain-water harvesting structure in the building
before the date as may be prescribed, the water supply connection provided to
such building shall be disconnected till rain water harvesting structure is
provided." After
Section 215 of the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act
V of 1920), the following Section shall be inserted, namely:? "215-A. Provision of Rain Water Harvesting
Structure:? (1) In every building owned or occupied by the Government or a
statutory body or a company or an institution owned or controlled by the
Government, rain water harvesting structure shall be provided by the Government
or by such statutory body or company or other institution, as the case may be,
in such manner and within such time as may be prescribed. (2) ???Subject
to the provisions of sub-section (1) every owner or occupier of the building
shall provide rainwater harvesting structure in the building in such manner and
within such period as may be prescribed. Explanation:
Where a building is owned or occupied by more than one person, every such
person shall be liable under this sub-section. (3) ??Where
the rain water harvesting structure is not provided as required under
sub-section (2), the Executive Authority or any person authorised by him in
this behalf may, after giving notice to the owner or occupier of the building,
cause rain water harvesting structure to be provided in such building and
recover the cost of such provision along with the incidental expense thereof in
the same manner as property tax. (4) ???Notwithstanding
any action taken under sub-section (3), where the owner or occupier of the
building fails to provide the rainwater harvesting structure in the building
before the date as may be prescribed, the water supply connection provided to
such building shall be disconnected till rain water harvesting structure is
provided.". After
Section 295 of the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act
15 of 1971), the following Section shall be inserted, namely: "295-A. Provision of Rain Water Harvesting
Structures.? (1) In every building owned or occupied by the Government or a
statutory body or a company or an institution owned or controlled by the
Government, rain water harvesting structure shall be provided by the Government
or by such statutory body or company or other institution, as the case may be,
in such manner and within such time as may be prescribed. (2) ???Subject
to the provisions of sub-section (1), every owner or occupier of a building
shall provide rain water harvesting structure in the building in such manner
and within such period as may be prescribed. Explanation:
Where a building is owned or occupied by more than one person, every such
person shall be liable under this sub-section. (3) ??Where
the rain water harvesting structure is not provided as required under
sub-section (2), the Commissioner or any person authorised by him in this
behalf may, after giving notice to the owner or occupier of the building, cause
rain water harvesting structure to be provided in such building and recover the
cost of such provision along with the incidental expense thereof in the same
manner as property tax. (4) ???Notwithstanding
any action taken under sub-section (3), where the owner or occupier of the
building fails to provide the rain water harvesting structure in the building
before the date as may be prescribed, the water supply connection provided to
such building shall be disconnected till rain water harvesting structure is
provided." After
Section 295 of the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu
Act 25 of 1981), the following Section shall be inserted, namely: "295-A. Provision of Rain Water Harvesting
Structure.? (1) In every building owned or occupied by the Government or a
statutory body or a company or an institution owned or controlled by the
Government, rain water harvesting structure shall be provided by the Government
or by such statutory body or company or other institution as the case may be,
in such manner and within such time as may be prescribed. (2) ???Subject
to the provisions of sub-section (1), every owner or occupier of a building
shall provide rain water harvesting structure in the building in such manner
and within such period as may be prescribed. Explanation:
Where a building is owned or occupied by more than one person, every such
person shall be liable under this sub-section. (3) ??Where
the rain water harvesting structure is not provided as required under
sub-section (2), the Commissioner or any person authorised by him in this behalf
may, after giving notice to the owner or occupier of the building, cause rain
water harvesting structure to be provided in such building and recover the cost
of such provision along with the incidental expense thereof in the same manner
as property tax. (4) ??Notwithstanding
any action taken under sub-section (3), where the owner or occupier of the
building fails to provide the rain water harvesting structure in the building
before the date as may be prescribed, the water supply connection provided to
such building shall be disconnected till rain water harvesting structure is
provided. (1) The Tamil Nadu Municipal Laws (Second Amendment)
Ordinance, 2003 (Tamil Nadu Ordinance 4 of 2003) hereby repealed. (2) Notwithstanding such repeal, anything done or any
action taken under the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu
Act IV of 1919), the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu
Act V of 1920), the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu
Act 15 of 1971) and the Coimbatore City Municipal Corporation Act, 1981 (Tamil
Nadu Act 25 of 1981), as amended by the said Ordinance, shall be deemed to have
been taken or done under the Chennai City Municipal Corporation Act, 1919
(Tamil Nadu Act IV of 1919), the Tamil Nadu District Municipalities Act, 1920
(Tamil Nadu Act V of 1920), the Madurai City Municipal Corporation Act, 1971
(Tamil Nadu Act 15 of 1971) and the Coimbatore City Municipal Corporation Act,
1981 (Tamil Nadu Act 25 of 1981) as amended by this Act." [1] Received the assent of the Governor on
the 14th November, 2003 ? Published in Tamil Nadu Government Gazette,
Extraordinary, Part IV, Section 2, Page 159, dated 16th November, 2003. [2] Vide T.N. Bill No.31 of 2003 ?
Published in Tamil Nadu Government Gazette, dated 3rd November 2003, Issue
No.302.
Preamble - THE TAMIL NADU MUNICIPAL
LAWS (SECOND AMENDMENT) ACT, 2003PREAMBLE