The Tamil Nadu Tuberculosis Sanatoria (Regulation of Buildings) Act, 1947

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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Tamil Nadu Tuberculosis Sanatoria (Regulation of Buildings) Act, 1947 Act 16 of 1947 Keyword(s): Building, Sanatorium, Sanatorium Area, Sanatorium Local Authority THE TAMIL NADU TUBERCULOSIS SANA- TORIA (REGULATION OF BUILDINGS) t ' ACT, 1947. 1 Short title, extent, application and commencement* 2 Definitions. 3 Constitution of Sanatorium Local Authoity. 4 Application of Tamil Nadu Local ' Boards Act, 1920, Tamil Nadu Public Health Act, 1939, and certain other Acts. I 5 Prohibition of erectionior re-erection of buildings Without sanction of Sanatorium Local Authority. I 6 Application for such sanction, i ;I' 1 i 3 1 , I ~ 7 Refusal or grant of sanction. I ' P I ! Lapse of sanction. Punishment for illegal erection or re-erection. Power to stop erection or reercction or to order demolition, etc. Appeals and reviqion, Bar of compensa $on. I Power to make riles. . , , , 1 . (I€epcaZcd). 'mAMIL NADUJ ACT No. XVI OF 19471 flm l f l . 4 ~ 1 ~ NADU) TUBERCULOSIS S~G~ORIA (REGULATION OF BUILDINGS) ACT, 1947.1 (Received the assent of the Governor on the 3rd Novem- : ber 1947 ; fist published in the Port St. George Gazette on the 1 1 th November 1947.) An Act to provide for the control of the consiructio~ of buildings in the neighbourhood of tabercdosis sanatoria in the a [State of TamiI Nadu], and for the exchion, modification or restriction of enast- ments relating to public health from or In such neighbourhood. WHEREAS it is expedient to provide for the control of the construerion of buildings in the neighhour- hood of tuberculosis sanatoria in the "State of Tamil Nadul, and for the exclusion, modification or restric- tion of enactments relating to public health from or in such neighbourhood ; It is hereby enacted as (2 ) It extends to the whole of the '[State of 1 These words were substituted for the word " Madras * by tho Tamil Nadu Ada tation of Laws Order, 1969, as amended by the ~ & l Nadu ~daptation of Laws (Second Amendment) Order, . . , ., ' A , * .I :: .?f -< # k. , -a' - .i , 1947: T3.Act XVI] ~ubercilosis Sanatoria 977 (Regul~tion of Buildings) (3) (a) It shall come into force at once in respect ,df the tuberculosis sanatoria at I[ 1 ' Tambgram and Perundurai ; and in each case, this Act shall apply to the area specified in th notification issued under the Act by which the san ? torium was governed immediately before the commencement of this Act. (b) The 2[State] Government may, by notifi- cation, apply this Act to any other tuberculosis sanatorium with effect from such date and in respect of such area as may be specified in the-notification, ' I (c) The ZCState] Gdernment may, by , notifi- cation, from time to time, alter any area referred to in clause (a) or specified under clause (b), in such , manner as they think fit. i (d) No place which is not situated within two miles from auy portion of the boundary of a sana- torium shall be included in any notificatibn issued in respect thereof under clause (b) or clause (c) . 2. In this Act, unless fhere is anything repug- Definitions. nant in the subject or context,- (1) & building ' includes- (a) a house, outhouse, stable, latrine, godown, shed, hut, wall (other than a boundary wall not cxceed- ing eight feet in height) and any other such structure, whether wholly or partially constructed of masonry, bricks, wood, mud, inetal or any other material whatsoever ; (b) a structure on wheels or simply resting on the ground without any foundation ;, (c) a tent, van and any other structure used for human habitation ; -- 1 The word a Madanapalls " was omitted by clause 3 of, and the Schedule to, tho Madras Adaptabon of Laws prder, 1954. 9 This word was substitotad for the word " Provincial " by the Adaptation Ordor of 1950. 123-1 4-62 \ (2) ' notification ' means a noScation in the Fort St. George Gazette ; (3) a person shall be deemed "to re-erect a building" if he- (a) make any material alteration to, or enlargement of, a building or (b) converts into a dwafing place any build- ing not originally constructed for that purpose, or (c) converts into two or more dwelling places a building originally constructed as a single dwelling place, or (4 converts two or more dwelling places into a larger number of such places, or (f? maks any alteration which is likely to affect preju ticially the stability or safety of a build- ing, or the condition of a building in respsct of its drainage, ;a iitation or hygiene, or (g) fnakes any alteration to a building which increass !)r liminishes its height or the area covered by it o r t h : c ~ b i c capacity thereof, or which reduces the cubic capacity of any room thorein ; (4) " sanatorium " means any tuberculosis sana. torium to which thin Act applies ; (5) "sanatorium area" means in the case of any sanatorium, the area to which this Act appliu~ in respect of the sauatorium by virtue of sectxon 1, subsection (3) ; 1Thcse words ware iascated by section 1 of thr hh "$ fi?~~culoda Saartori8 (Re ulatlon of Building@) &t, W P ( L & ~ ~ ~ M XLZdlh9). .\ 1 ",9 w*- , . ; ,. ,," C% : *G& ,+ 2 * ;':$F$;k&lg%z .q, "T r J*;4& .J',45&q.* ., , ~ q - 9F' " . 1947 : XN. Act XVrf ~ercuZosis Smtaiorfa 979 (Regulation of Buildings) (6) "Sanatorium Local Authority" means, in ' / the case of any sanatorium or sanatorium area, the Sanatorium Local Authority con ituted for the k , sanatorium or having jurisdiction der this Act ' ' over the sanatorium area, as the case'may be. 3. (1) For every sanatorium, the '[State] Govern- Comdtution ment shall, by notification, constitute a Sanatorium 2f2mc&1 Local Authority for the purpose of controlling the Authority. construction of buildings in the sanatorium area. (2) The notification af resaid shall specif* Q (i) the date from which it shall take effect ; (ii) the name of the Sanatorium Local Autho- rity ; (iii) the persons who shall be its members; and (iv) the term of office of its members other than . the ex-officio members, ' if any. (3) The "[State] Government shall appoint one of the members of the Sanatorium Local Authority to be its Chairman and another member to be its Secretary. 4. (1) The '[State] Government may, by Application xlFf notification, direct that the provisions of the of 2lramll ~~t & ' ~ a m i l Nadu] Local Boards Act, 19208, the 'mamil Nadu] Local Boards Act of 1920. Nadu] Public Health Act, 1939, or any other enact- 19208, ~[T&I~I Ed? ment for the time being in force in the '[State of p$2 p ~ ! i c A Tamil Nadu] and relating to public health, shall not 1939 and of M9* apply to the sanatorium area or shall apply thereto cortain othrr Acts. 1 Thh word was substituted for the word " Provincial " by the - Adaptation ador of 1950. f words m e substituted >or the word " Madras " by the Tamil Nadu Adaptation of Laws Order, 1969, as amandad by the Tamil Nadu Adaptation of Laws ( M n d Amandmant) Order, 1969. & the ~ a & l Nadu District Boards !Act, 1920 (Tan41 Nadu .. 8 N; Act XN of 1920). 8ubatiNted for m rasaion "Stab of Nadu A d a p t d ~ o f fk Old* 1969, ad^ ~drptat io~ ?f Lrnr &- I Smtd8rid [@I47 : . TN. Act XVI ' , . . only to such extent and subject to s b h modifications and restrictions as may be specified in the notifiai- tion. P (2) In particular, the notification may authorize L the Sanvorium Local Authority or its Chairman or Secretary to perform any duty or exercise any power assigned to a panchayat or its president or to any other authority or officer under the provisions so applied, subject to such control as may be specified in the notifi- cation. Prohiition 5. No person shall, except with the previous sanc- zso , , tion of the Sanatorium Local Authority, erect or re- of wdinss erect a building on any land in the sanatcrium area, wftbout not being land situated within the boundary of the Z i sanatorium. . Loca l4 Authority. . for such 6. (1) Application for such sanction shall be made sanction. in writing, and shall- (a) specify the purpose for which it is intended to use the building ; (b) furnish such information and be accom- panied by s ~ ~ c h plans as may be required by rules made under this Act. (2) Tlie applicant shall also furnish to the Sanatorium Local Authority any further information or plans which it may require, within such time as may be fixed by it. 7. (1) The Sanatorium Local Authority may refuse to sanction the erectiod or re-erection of a building, sanction such erection or re-erection either Ily or subject to such conditions as it impose in respect of all or any of the atpt?, namely :-- assage or way to be left in front > , * 'i 1947 : T.N. Act XVJ[1 ,Tuberculosis 8m~toria 981 (Regulation of Buildings) ! (b) the open space to be left about the building t.o secure free circulation of air and the prevention of fire and to facilitate scavenging ; & . I (c) the ventilation of the buildik, the d n i - mum cubic area of the rooms and the number and height of the storeys of which the building may consist; (d) the provision and position of drains, latrines, urinals, and cess-pools or other receptacles for rubbish or filth ; (e) the level and width of the foundation, the level of the lowest floor, and the stability of the stiuc- ture; (f) the line of frontage, with neighbo~xing buildingsif the building abuts on a street ; (g) the means of egress from the building in case of fire ; d - (Ii) the materials to be used for, and the method of construction of, extenial and partition walls, rooms, floors, fire-places and chimneys ; (i) the heigltr and slope of the roof above the upper most floor on which h~lrnan beings are to live or cooking is to be done ; ( j ) any other matter affecting the ventilatior and sanitation of the buildings. (2) Any conditions ilnposed utlder sub-section (1) shall be in writing and the p~cson crecting or rc- erecting thc b~lildiug shall comply 1~11~i'cwith ill every particular . t '[(3) Every sanction given u~ldcr sub-section (1) shall specify the purpose for which the buiiding is to be used J -- This su b-section was lidded by section; bi the Madras Tuber- culosis Sanatoria (Regulation of Buildings) Amendment Ad, 1949 \ (M&u Act XLI of 1949). I 1947 : T.N. Act .XVI I j ~apwof 8. Every sanction given for the erection or re- sanction, erection of a building shall be available for a period of one year from the date on which it is given, and if the sanctionea erection or ~e-erection is not com- meneed within that period, it shall not be com- menced thereafter, unless the Sanatorium Local Authority on application made therefor has extended the period. I Punishmt 9. '[(I)] Whoever begins, continues or completes for ilIogaI the zrectjon cjr re-erection of a building- mecticm or rc-etoction. (a) before such erection or re-erection has been sanctioned by the Sanatorium Local Autho it y, or ( b ) without complying with any condition imposed under section 7, or I (c) when sanction has been refused by the Sanatorium Local Authority, or after the sanction has ceased to be available by virtue of the provision oontained in section 8 shall be punished with fine which may extend t .I five hundred rupees. [(2) Whoever uses a building for a purpose other than that specified in the sanction givc,~ far its esec- tion or re-erection, whether such sanction was give11 before or after the uommencement of the Wadras Tuberculosis Sanatoria (Regulation of Buildings) .4mendment Act, 1949, shall be punishable with fine which may extend to five hundred nlpees. Explanation.-Where in a sanction given before the commencement of the Amendment Act aforcmid, ' the purpose for which the building is to be used has ' not been specified, the purpose specified in the applica- tion for sanction as that for which it was intended to use the building shall be deemed to be the purpose specified in the sanction.] . --- -- I Section 9 was renumbered as sub-section (1) and sub-sections (2) , an431 were addd by 4 of the Madras TubmulosisSanatoria t (Ro ulation of Build~np) Amendment Act, 1949 (Madras Act xrf a iw). " l[(3) Whoever after having been convicted of an ./offence under sub-section (1) or sub-section (2), con- tinues to commit such offence, shall be punishable with fine which may extend to one hundred h e s for each ' day after the previous date of conviction during which he continues so to offend.] I I (b) to altcr or demolish, witliin ;uch time as may be specified in th: notic.:, any buil iis~g or any part thereof, if, in the opinion of such a ~thoi :ty, the * erection or re-erection of such building 3: psrt con- stituted, or will constitute, an O~I- .ce under I section 9. (2) If any directidn given under clause (b) of sub-section (I) is not complied with, within the time specified therefor in the notice, the Snnat c r ium Local Authority may have such direction carrid into effect I at its cost and have the amount thereof recove, ~ ' d from the defaulter in such manner as may he authorized by the rules. 11. (1) Any person aggrieved by any order passed AV~., nod under this Act by the Sanatorium Local Authoritymvlsloo. may appeal to the District Collector who shall pass such orders thereon as he thinks fit. (2) The '[State] Government may, in their discretion, at any time, either suo aotu or on applica- tion, call for and examine the record of any order I %tion 9 was rsnumborcd aa arb-ssctbs'(1) and sub.sadam (2) a d (3) W m *$' c#crlrm4 of the M a w Tubercutoh Sura- toria (Rogulatton lhrllding~) Amdmrmt Act, 1949 (Wru Aoc XLl of 1949). r his word wss a b ~ d -tion O&I of 1950. (Regulation of Buildings) passed under this Act by the sanatorium Local Autho- rity or the District Collector for the purpose of satisfy- ing themselves as to the legality or propriety of such order, and may pass such order in reference thereto as they think fit. (a) the refusal of the'sanatorium Local Authority to sanction the erection or re-erection of any building, (b) any condition imposed by such authority in regard to such erection or re-erection under section 7, or of any order passed by it under section 10, or (a) the rules of business of the Sanatorium Local Authority ; (b) the manner in which applications for sanction to erect or re-erect buildings shall be made to the Sanatorium Local Authority and the information and plans to be furnished either along with such applica- tions or subsequently ; 1947 : T.N. Act Xw Tuberculosis Sanatoria 985 (Regulation of Buildings) (c) the type or description of building which 'hay 01 may not, and the purpose for whi may or may not, be erected or re-erected Area or areas ; (d) the minimum cubic capacity of any room or rooms in a building which is to be erected or rc- erected ; (e) the circumstances in which a mosque, temple, church or other sacred building may be erected or re-erected ; + (f) the manner in which the cost referred to in section 10, sub-section (2), may be recovered ; I (g) the form in which ~uld tile time within which appeals under section 11 may be preferred 6 ; I I . (12) the fees which may be charged in respect of I I 1 ally application madc, appeal prchrred, or proceeding taken, under this Act. I I [14. * * ilr * * I I I 1 1 4 --A- ---- I Section 14 was repea!ed by section 2 of, nhd the First Schedule to, thbTarnilNadu Repealing and Amending Act, 1952 (Tamil Nadu Act XI of 1952). \