TAMIL NADU PUBLIC BUILDINGS (LICENSING) RULES, 1966

TAMIL NADU PUBLIC BUILDINGS (LICENSING) RULES, 1966

PREAMBLE

In exercise of the powers conferred by section 25 of the Tamil Nadu Public Buildings (Licensing) Act, 1965 (Tamil Nadu Act 13 of 1965), the Government of Tamil Nadu hereby makes the following rules:--

1. Short title and commencement.--

(1) These rules may be called the Tamil Nadu Public Buildings (Licensing) Rules, 1966.

(2) They shall come into force on the 1st day of April 1966.

2. Definitions.--

In these rules, unless the context otherwise requires,--

(1) "Act" means the Tamil Nadu Public Buildings (Licensing) Act, 1965 (Tamil Nadu Act 13 of 1965);

(2) "Form" means a form set out in the Schedule to these rules;

(3) "section" means a section of the Act.

3. Form of application.--

(1) Every application under sub-section (1) or sub-section (2) of section 4 shall be in Form A.

(2) An application which is not in Form A shall be returned to the applicant for representation in that form.

4. Form of certificate.--

(a) ¹The certificate of structural soundness referred to in sub-section (4) of section 4 shall be in Form B.

(b) In case the certificate of structural soundness issued is found to be incorrect or based on inadequate data or false data, the registration of the engineer shall be cancelled immediately and the engineer shall be debarred from taking up any works under the Government or local body.

5. Form of opinion.--

(a) ¹The opinion given by the engineer under sub-section (1) of section 5 shall be in Form C.

(b) In case the technical opinion furnished is found to be not correct or false, the registration of the engineer shall be cancelled immediately and the engineer shall be debarred from taking up any works of the Government or local body. If the engineer happens to be in the State Government Service, suitable departmental action shall be taken against him.

6. Form of licence.--

The licence shall be in Form D.

Explanation.--²[Separate licence shall be issued for each building. The licence issued in respect of a building under the Act will enure to the benefit of all persons lawfully occupying the whole of the building or a portion thereof and using it as a public building.]

7. Report.--

The report referred to in section 28 shall be made in Form E.

8. Service of order granting or refusing licence.--

The order under sub-section (1) of section 6 shall be sent to the applicant either by personal delivery or by registered post acknowledgement due.

9. Time within which appeals may be filed.--

(1) The time within which an appeal under sub-section (1) of section 11 may be filed shall be 45 (forty-five) days from the date of receipt by the applicant concerned of the order appealed against.

(2) The time within which an appeal under sub-section (3) of section 15 may be filed shall be 15 (fifteen) days from the date of receipt by the applicant concerned of the order appealed against.

10. Restriction of entry.--

Any authority or officer specified in section 14 shall, before entering any building referred to in that section, give reasonable notice to the owner or occupier or person in possession of such building.

³[. . .]

11. Engineering qualifications.--

For the purpose of this rule, a panel of private engineers possessing the qualification specified in the Table below shall be registered under four classes for each district. The Collector, in consultation with the Superintending Engineer, Public Works Department, shall draw up a panel of Registered Engineers for each district. The panel shall be got approved by the Board of Engineers and maintained by the Collector.

TABLE

Sl. No.	Category	Cost of Building	Qualification of Engineers
(1)	(2)	(3)	(4)
1.	Class III.	4Buildings, the cost of which does not exceeds Rs. 6.00 lakhs.	An Engineer with a degree in Civil Engineering of Indian or Foreign University or a Corporate Member of the Institution of Engineers (India) or recognized Professional. Association abroad, such as Institute of Structural Engineers (London), Institute of Civil Engineers (London), American Society of Civil Engineers and the like and others as may be recognized by the Government of Tamil Nadu, from time to time, with not less than five years experience in building construction or a person possessing a diploma in Civil Engineering awarded by the State Board of Technical Education and Training or Upper Subordinate Or Lower Subordinate Diploma of the College of Engineering, Guindy, Tamil Nadu or with equivalent qualification thereof with not less than five years experience in building construction.
2.	Class II.	Buildings, the cost of which exceeds Rs. 6.00 lakhs but not exceeding Rs. 20.00 lakhs.	An Engineer with a degree in Civil Engineering of Indian or Foreign University or a Corporate Member of the Institution of Engineers (India) or recognised Professional Association abroad, such as Institute of Structural Engineers (London), Institute of Civil Engineers (London), American Society of Civil Engineers and the like and others as may be recognised by the Government of Tamil Nadu, from time to time, with not less than five years experience in building construction; or a person possessing a diploma in Civil Engineering awarded by the State Board of Technical Education and Training or upper subordinate or Lower Subordinate Diploma of the College of Engineering, Guindy, Tamil Nadu; or with equivalent qualification thereof with not less than fifteen years experience in building construction.
3.	Class I.	Buildings, the cost of which exceeds Rs. 20.00 lakhs but not exceeding Rs. 50.00 lakhs.	An Engineer with a degree in Civil Engineering of Indian or Foreign University or a Corporate Member of the Institution of Engineers (India) or recognised Professional Association abroad, as specified in item (2) above with not less than ten years experience in buildings construction; or with a Post Graduate Degree with not less than five years experience in building construction.
4.	Class I-A.	Buildings, the cost of which exceeds Rs. 50.00 lakhs.	An Engineer with a degree in Civil Engineering of Indian or Foreign University or a Corporate Member of the Institution of Engineers (India) or recognised Professional Association abroad, as specified in item (2) above with not less than fifteen years experience in building construction; or with a Post Graduate Degree with not less than five years experience in building construction.

11-A. Registration of Engineers in the panel.--

⁴The private engineers possessing the qualifications specified in the Table may register their names in one or more districts or in all districts subject to inclusion of their names in the Panel of Registered Engineers for the district concerned.

11-B. Publication of panel of Engineers.--

⁴The panel of Engineers shall be published in the Tamil Nadu Government Gazette and in the District Gazette concerned.

12. Fees.--

The fees to be paid in respect of applications and appeals under the Act shall be as follows:--

Sl. No.	Nature of documents.	Fees to be levied.
(1)	(2)	(3)
1.	Applications accompanied by a certificate of structural soundness--	Rs.
	(1) Buildings the cost of which does not exceed Rs. 50,000.	10
	(2) Buildings the cost of which exceeds Rs. 50,000 but not exceeding Rs. 2 lakhs.	25
	(3) Buildings the cost of which exceeds Rs. 2 lakhs, but does not exceed Rs. 10 lakhs.	50
	(4) Buildings the cost of which exceeds Rs. 10 lakhs.	50
12.	Application not accompanied by a certificate of structural soundness of the building.
	At the rate of 0.05 per cent, on the cost of the building, subject to a minimum of Rs. 50 and a maximum of Rs. 1,000.]
3.	Appeals preferred.--
	(1) Buildings the cost of which does not exceed Rs. 50,000.	10
	(2) Buildings the cost of which exceeds Rs. 50,000, but not exceeding Rs. 2 lakhs.	25
	(3) Buildings the cost of which exceeds Rs. 2 lakhs, but does not exceed Rs. 10 lakhs.	50
	(4) Buildings the cost of which exceeds Rs. 10 lakhs.	75

12-A. Payment of fees to engineers.--

⁵The owner of a building shall pay fees to a private engineer at the rate of 0.07 per cent, on the cost of the building subject to a maximum of Rs. 1,000 for the grant of a certificate of structural soundness of the building.