Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Tamil Nadu Municipal Laws (Second Amendment) Act, 2003 33 of 2003 CONTENTS PART 1 :- PRELIMINARY 1. Short Title And Commencement PART 2 :- AMENDMENT TO THE CHENNAI CITY MUNICIPAL CORPORATION ACT, 1919 2. Insertion Of New Section 255-A PART 3 :- AM ENDM ENT TO THE TAMIL NADU DISTRICT MUNICIPALITIES ACT, 1920 3. Insertion Of New Section 215-A PART 4 :- AMENDMENT TO THE MADURAI CITY MUNICIPAL CORPORATION ACT, 1971 4. Insertion Of New Section 295-A PART 5 :- AMENDMENT TO THE COIMBATORE CITY MUNICIPAL CORPORATION ACT, 1981 5. Insertion Of New Section 295-A 6. Repeal And Saving Tamil Nadu Municipal Laws (Second Amendment) Act, 2003 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 Reasons2 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. 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. PART 1 PRELIMINARY 1. Short Title And Commencement :- (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. PART 2 AMENDMENT TO THE CHENNAI CITY MUNICIPAL CORPORATION ACT, 1919 2. Insertion Of New Section 255-A :- 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." PART 3 AMENDMENT TO THE TAMIL NADU DISTRICT MUNICIPALITIES ACT, 1920 3. Insertion Of New Section 215-A :- 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.". PART 4 AMENDMENT TO THE MADURAI CITY MUNICIPAL CORPORATION ACT, 1971 4. Insertion Of New Section 295-A :- 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." PART 5 AMENDMENT TO THE COIMBATORE CITY MUNICIPAL CORPORATION ACT, 1981 5. Insertion Of New Section 295-A :- 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. 6. Repeal And Saving :- (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."