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The Chennai City Municipal Corporation Act, 1919

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The Chennai City Municipal Corporation Act, 1919 THE CHENNAI CITY MUNICIPAL CORPORATION ACT, 1919 (Tamil Nadu Act IV of 1919) THE 1[CHENNAI] CITY MUNICIPAL 2[CORPORATION] ACT, 1919 [TAMIL NADU ACT IV OF 1919] [Received the assent of the Governor on the 26th March, 1919, and that of the Governor – General on 2nd June, 1919; the assent of the Governor – General was first published in the *Fort St. George Gazette on 24th June, 1919] An Act to consolidate and amend the law relating to the Municipal affairs of the City of 1[Chennai]. Preamble. – WHEREAS it is expedient to consolidate and amend the law relating to the municipal affairs of the City of 1[Chennai] and whereas the previous sanction of the Governor-General has been obtained under section 79 of the Government of India Act, 1915, to the passing of this Act; It is hereby enacted as follows :- PART – I CHAPTER – I PRELIMINARY 1. Title and extent. – (1) This Act may be called the 1[Chennai] City Municipal 2[Corporation] Act 1919. (2) Except as hereinafter expressly provided, it extends only to the city of 1[Chennai] 1. Substituted for the word “Madras” by Tamil Nadu Act 28 of 1996. 2. Inserted by section 2 of the Chennai City Municipal (Amendment) Act, 1961 (Tamil Nadu Act56 of 1961). * Now Tamil Nadu Government Gazettee. 2. Repeal of enactments.--The enactments mentioned in Schedule I are repealed to the extent specified in the fourth column thereof. 3. Definitions.--In this Act, unless there is anything repugnant in the subject or context, ---- 1[(1) ***] 2[(1-A)] appoint.---“Appoint” includes to appoint temporarily or in an officiating capacity ; (2) appointment.---“Appointment” includes temporary and officiating appointments ; 3[(2-A) xxx] (3) budget grant.---“budget grant” means any sum entered on the expenditure side of a budget estimate which has been adopted by the council ; 2[(4) building.--- “building” includes --- (a) a house, out-house, stable, latrine, godown, shed, hut, wall (other than a boundary wall not exceeding eight feet in height) and any other structure whether of masonry bricks, mud, wood, metal or any other material whatsoever ; (b) a structure on wheels or simply resting on the ground without foundations ; and (c) a ship, vessel, boat, tent, van and any other structure used for human habitation or used for keeping or storing any article or goods ; ] (5) building line.---“building-line” means a line which is in rear of the street-alignment and to which the main wall of building abutting on a street may lawfully, extend 4[and beyond which no portion of the building may extend except as prescribed in the building rules] ; 5[(6) carriage.---“carriage” means any wheeled vehicle with springs or other appliances acting as springs and includes any kind of bicycle, tricycle, 1. Omitted by section 3 of the Chennai City Municipal (Amendment) Act, 1958 (Tamil Nadu Act XXIV of 1958). Original clause (1) was renumbered as clause (1-A) and a new clause defining the expression ‘Adi-Dravida’ was inserted as clause (1) by section 3(i) of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936). Clause (1) as so inserted was omitted and clause (1-A) was renumbered as clause (1) by section 2(1) of the Chennai City Municipal (Amendment) Act, 1938 (Tamil Nadu Act II of 1938); Clause (1) was again renumbered as clause (1-A) and a new clause defining the expression ‘Anglo-Indian’ was inserted as clause (1) by section 2(i) of the Chennai city Municipal (Second Amendment) Act, 1947 (Tamil Nadu Act VI of 1947) which has since been omitted as stated above. 2. Substituted by section 3(i) of the Chennai City Municipal (Amendment) Act, 1961 (Tamil Nadu Act 56 of 1961). 3. Clause (2-A) was inserted by Tamil Nadu Act 34 of 1995 and omitted by Tamil Nadu Act 17 of 1996. 4. Added by section 3 (ii) of the Chennai city Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936). 5 Substituted by the Tamil Nadu Motor vehicle Taxation Act, 1931 (Tamil Nadu Act III of 1931). rickshaw and palanquin but does not include a motor vehicle within the meaning of the 1[Motor Vehicle Act, 1939 (Central Act IV of 1939)] ; (7) cart.---“cart” includes any wheeled vehicle which is not a carriage but does not include any motor vehicle within the meaning of the 1[Motor Vehicles Act, 1939 (Central Act IV of 1939)] ; (8) casual vacancy, casual election.---“casual vacancy” means a vacancy occurring otherwise that by efflux of time in the office of 2[a councilor] 3[* * * ] or in any other elective office, and “casual election” means an election held on the occurrence of a casual vacancy ; 4[(8-A) cheri, hutting ground.---“cheri” or “hutting ground” means an area containing land occupied by, or for the purpose of any collection of huts, standing on a plot of land, or two or more plots of land which are adjacent to one another, and not less than two thousand four hundred square feet in area;] (9) city of 5[Chennai]. --- “city of 5[Chennai]” or “city” means the area declared by the 6[State] Government by notification to be the city of 5[Chennai] but excludes Fort St. George with the glacis ; 7[(9-A) company. --- “company” means any company as defined in the Companies Act, 1956 (Central Act I of 1956), and includes --- (i) any foreign company within the meaning of section 591 of that Act; and (ii) any body corporate, or any firm or association carrying on business in the State of Tamil Nadu whether incorporated or not and whether its principal place of business is situated in the said State or not] ; 8[(9-AA) xxx] (9-B) cream. --- “cream” means that portion of milk rich in milk-fat which has risen to the surface of milk on standing and has been removed or which has been separated from milk by centrifugal force ; 1. Substituted by Tamil Nadu Act 56 of 1961. Now refer in Motor Vehicles Act, 1988 (Central Act 59 of 1988). 2. Substituted for the words “a divisional councilor” by section 3(ii) of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936). 3. Omitted the words “or an alderman” by section 2(2) of the Chennai City Municipal (Amendment) Act, 1958 (Tamil Nadu Act XXIV of 1958). 4. Inserted by section 3(v) of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936). 5. Substituted for the word “Madras” by Tamil Nadu Act 28 of 1996. 6. Substituted for the word ‘Local Government’ by the Adptation Order of 1937 and substituted for the word “Provincial” by the Adaptation Order of 1950. 7. Substituted by section 3(iii) of the Chennai City Municipal (Amendment) Act, 1961 (Tamil Nadu Act 56 of 1961). 8. Omitted by Tamil Nadu Act 26 of 1994. 1[(9-C) dairy.--- “dairy” includes --- (a) any farm, cattleshed, milk store, milk-shop or other place from which milk is sold or supplied for sale, or in which milk is kept for sale or manufactured for sale into butter, ghee, cheese, cream, curd, butter milk or dried sterilized or condensed milk; and (b) in relation to a dairyman who does not occupy any premises for the sale of milk, any place in which he keeps the vessels used by him for the storage or sale of milk but does not include --- (i) a shop or place in which milk is sold for consumption on the premises only; or (ii) a shop or place from which milk is sold or supplied for sale in hermetically closed and unopened receptacles in the same original condition in which it was first received in such shop or place] ; (9-D) dairyman. --- “dairyman” includes, any occupier of a diary, any cow-keeper who trades in milk, or any seller of milk whether wholesale, or by retail ; (9-E) dairy produce. --- “dairy produce” includes milk, butter, butter ghee, curd, butter-milk, cream, cheese and any and every product of milk ; 2[(10) dangerous disease. --- “dangerous disease” means an infectious disease within the meaning of section 52 of the 3[Tamil Nadu] Public Health Act, 1939 (3[Tamil Nadu] Act III of 1939) which is notified as a dangerous disease by the State Government] ; 4[(10-A) ‘drain’ means a rain or storm water drain and water tables, chutes and the side drain exclusively meant to drain away the rain water falling on the surface of any street, bridge or causeway, but does not include a drain or sewer within the meaning of the 5[Chennai] Metropolitan Water-Supply and Sewerage Act, 1978] ; 6[(11) Filth. --- “Filth” means ---- (a) night-soil and other contents of latrines, cesspools and drains ; (b) dung and refuse or useless or offensive material thrown out in consequence of any process of manufactured industry or trade ; and (c) putrid and putrifying substance ;] 1. Substituted by section 3(v) of the Chennai City Municipal (Amendment) Act, 1961 (Tamil Nadu Act 56 of 1961). 2. Substituted by section 3(iv) of the Chennai City Municipal (Amendment) Act, 1961 (Tamil Nadu Act 56 of 1961). 3. Substituted for the word “Madras” by Adaptation of Laws Order, 1969. 4. Inserted by section 85 of the Tamil Nadu Act 28 of 1978. 5. Substituted for the word “Madras” by Tamil Nadu Act 28 of 1996. 6. Substituted by section 3(v) of the Tamil Nadu Act 28 of 1978. 1[(11-A) food.--- “food” includes every article (other than drugs and water) used by man for food or drink and all materials used or admixed in the composition or preparation of such article and shall also include flavouring or colouring matter, confectionery, spices and condiments ;] (12) hut.--- “hut” means any building which is constructed principally of wood, mud, leaves, 2[grass, thatch or metallic sheets] and includes any temporary structure of whatever size or any small building of whatever material made which the council may declare to be a hut for the purpose of this Act ; 3[Indian Christian.--- [* * * ] 4[(13) latrine.--- “latrine” means a place set apart for defecating or urinating or both and includes a closet of the dry or water-carriage type and urinal ; (13-A) local authority.---- “local authority” includes a cantonment authority].
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