LexThe Tamil Nadu Public Buildings (Licensing) Act, 1965
Tamil Nadu · state statute
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The Tamil Nadu Public Buildings (Licensing) Act, 1965
Act 13 of 1965
Keyword(s):
Building, Engineer, Existing Public Building, Licence, Owner, Public Building
. .. . . . . . .. - *<.,.
1. Shmt .tit.le, extent and aim rnkeeme~t.
7. Licence dcemcd to be granted-or refused.in certain .i
. cases; a d 8. Renewal.
9. FresQ. iicyncq to be obtained in case of addit ion or 4 . .
- -
1 HE TAMIL N&U PUBLIC J~U~LD~NGS '
(LICENSING) ACT, 1965.
8 I,>\ 'I\ ' T \ 1 a 8 ' I.!, -. ).'.. .
A'RXAFCF~;~ENT OF SECTIONS. I
--- -- -
2. Definitions.
- - -- ---- - .- 7 -- ----"-.
4. Application for ilcencc.
5. Insmet ion.
s - d -- -- ---------
. ayera~ion~. , ., , : . a'
10, Rq~crtto ~?g;c~l,or, . . #. su~~~ri? - --a li-p.
1 1. Appea t ap
12. Temporary licenoe.
---c1.
cases.
9 LW ub ~YCU~IU.SC~~V~~~ t+,; . I.JāW.
- -- - - - ---- -" questions under this -.. I.
-. - -
.
13. ~evhion by Bowd of Revmu.. %
14. Poweer of .competent authority, engineer, etc., te
. . entq public building. . . - ., ,, l
1 5. Power to prohibit the use of the public kuiuiog :
oertain 1- -
1 6 Penalties. Y
17. Offences by companies.
1. Cognizanq , *:$* , of dffences. . .. .,.
19. Jurisdisticn oi criminal co&.
20. Power lo exempt certain cases.
. .. 21. Competent autb~rity, eta. tfi h- ---'-I:; ----.--a-
. , ' 2.
22. ~ivii courts not tn tbnidr
zj. alnahty of- orders passed under this Act. . .
2 ~ndemnit~. 9
25. POWCF to mil& des.
26. Power lo remove difficulties. .< ',?' . :!
27. Act to override other laws.
- 28. Report to be m~de in certain ca~os by aut
officers appointed under other Acts.
-- %- ---.
MTL NADU 4CT NO. 13 OF 1965*. I
I
csidkt on the 20th jtrlj. 1965,
rt St. George Gazette, dcited the
laturc of the YStnte of Tamil
ar of the Republic of Indid
'I. . .,
commencement.
It extends to the whole of the 3[State of Tamil
shall come into force* on such d3te as the
ment may, by nnotific:stion, appoint. ?, ,
less the context otherwise requires,- Definitions.
I.. -I,
; r- .
I
1 whztsocve~, the floor area of which is not less than one 4
hundred square metres;] 3
(2) "competent suihorityW illf.?Ms any person or '
aut horit v authorized bv I lie Goveiainen'r . bv notification,
-- -- .L '
buildings as may be specified-in the notification ;
; ..:
(3) " engineer " means any ixrson possessing such
(4) " existing publis building " means any: building
used as a public bailding on 1
ment of this Act ; , t 9 .
I 4-
i i
* l
-. <(5) '' Governm611t " means the St ate ~overdnient . ; "
(6) " licence " means a licence g~anted or dpemed 1
have been granted or a licence renewed or . deemed : i ., t
have been reaewed under this Act ; + . +, . . ; ,,s :i
-4-
?.
(7) " owner " includes- .C
. , v* 4
(i) a lessee, -.
(ii) a licensee, . . % I
(iii) a mortgagee in possession, and , fld
authority is called a maanaging tmslee, an agent, a krres
pondent , manager, superintendent. secretary or by any
other name whatsoever ;
Gc (I) "building" includes- 3
w.
- -- -
to perfo;m the functiois of i he cornpteni a;thority undc
this Act for such srea 01 in r-ek.1 ion to such c1i.s~ of vublic
engineering &lificatlons as maj he presciibed ;
.he date of the commence-
(iv) any person or authroity to whom or to which
the possession of, and control over the affairs of, the
buil4iag has been entmsted, whether such person or
out.house, stable, latrine, shed, hut, roafed ercl~jute and otlr'or
structure; *'
any compound wall or gate appurtenant to such building, house, ;
out-house, stable, latrine, shed, hut, roofed enclosure and other .e"f " -9
structure; I
, J
i,
(ii) a portion of such building,'house, out*bowe, stable,
'
latrine, shed, hut, roofed enclosure and other structupe; and
P
,,
(jii ) any fittings - a xed to such building, . _ h~we, a
, -Public -BuiZdings p (Licensing)
lic building ' means any building--
001 (including a tutorial school) or college
utorial college) of University or other edu-
) Ilospit sl, nursing home, dispensary, clinic
(vi) lodging house, boarding house or hotel ;
d access or any
class or section of the
c and includes-
ing a tdtorial school)
a Uuiverstty or other
any building used as a library ;
ligs or for celeb-
any building used as a dub or by any association ;
any building used as a lodging house ;
41 6 Public Buildings (Zicen'ving)
3. (11 Save as otherwise in this Act,"on'and ,to be licensed. after thedate ofthe Commencement ofthisAct,no building,
not being an existing public building, shill1 be used as a
public building withbut' a licence and except ih. accordance
with the5terms 2nd coiidiiions specified therein. . ;: !
(2) Save ns otherwise provided in this Act, 'on and
aftei ihe date of the expiry of a period of one yew from
the date of the comlnencement of this Act, no existing
public building shs ll be used as a public building without
a licence and c wept in accordance with the terms and
wnditions specified thereiu. . ,
@plication for 4. (1) Any owner, who intends to use any building (nor jjiwncc. being an existing public building) as a public building,
shall make an application in writing to *the xm'rnpetent
authority for a licence therefor.
(2) Any owner., who intends to continue to use an
existing public bltilding as a public building, sfiall before
the 'date of the expiry of a period of six months fro'&' the
date + of the, communeement of this Act, make an. appli-
cati-on in writing to the competent .authority fcr 'a licence
therefor. . .. ..
(3) Every application under sub-section (1) 6r sub-
. section (2) shall be in the prescribed form and s5aU .con-
tain < the following particulars, namely. :-- ,. . .'
'
(i) the name and address of the owner of the
building or the existing public building, as the case may
'be ;
+.
(ii) the situation and descripiion of the building
or the c xisting public building, as the case may be; . . . , f' " ,..
(iii) the purpose for which the-building or the exist-
,ing public built ling, as the case may be, is proposed ,to'.
used or is being, used ; and
spa . (iv) such other particular s may be presc~bed,* .
. . ** i
(4j An ipI;lidation under sub-section ' (1) or' . ikb.
.section (2) may be accompanied by a certificate of structural
lrounde~~ in the prescribed form obtained from an engineer.
.
Public Buildt.?g,~ (Licensi~t~g)
ty may obtaill the
as the Government may specify
the structural soundness of the
ng access to such building.
f the certificate of structural sound-
lication under sub-section (1) or
, or on the basis of the opinion
rer under sub-section (1) of section
inspecticn made under sub-section
section 5, if the competent authority is satirfied-
by written order, grant the licence and if the corn-
authority is not so satisfied, it shall, by written
'refuse to grant the licence.
=tion under sub-section (I) of section 4.
C ',
4 1 '7,
Xi~spect ion.
When competent
authority to
grant licence.
I
[I965 : T.N. Act 13
(b) In the case of an existing public building, the ,
competent authority shall.pass the order under sub-section
(1) and shall communicate in the manner presciilied ' '
such order to the applicant within 'a period of sik nionths '.
from the date of the receipt of the application + ~nbi . +
sub-section (2) of section 4. 3.
I .
I < .'
1 'I*'
(3) The licewe shall be in the prescribed form, 'shall
be subject to such conditions as may be specified
therein and shall also specify the building or the existing
public building, as the case may be, the purpose for which .p
it is to be used and the number of persons which- the .
building or the existing public building !:an accommodate
without danger to their safety.
(4) A 1iaen:c gra:~ted undcr sub-section (1) shall be
valid for u period of three vears or for such shorter period
as the comp~tc11: authority may specify iu the licence and
the period afore said shall commence-
(i) in casc the licence relates to a building, not
being a n existing public building, on the date of the corn-
muaication ot'the order granting the licerlcc, and,
(ii) in c:.ue the licencc relates to an existing public
building, on the date of the expiry of a period of one year
froill the dato or the commencement of this Act.
(5) Where the competent authority refuses to grant
a licence under sub-section (I), it shall give reasons for
such rafusal.
Licence 7. (1) If it] the case of a 9 ilding, not being an exist- a,
(1 ee mtd
t .> be granted ing public building, no order either granting or refusing or refused in a licet~ce is comtnunicated to the applicant within a period
certain cams. of three ,Aionths from the date of the receipt of the appli-
cation under sitb-section (I) of sectioa 4, 'liceq~e : *
shall---
. ...
.I-
. _
...r
T--.%* y .,* . ,, .
*?
.-, - ".-- % "a"
Public Buildings (Licefisinp)
ia case such spplicatiou is accon~j?snicd by a
of structural soul~dness nloltioncd in sub*
dwmed to have bccn granted
ofdinarily imposed under this
(B) in any other case-
(a) hr thc period tlle~ltioaed ill the appiica-
i) in cue such, nppficction is nclt acconly:$fiicd
a cxrtificate of stru ctul a1 sountiness, be cfci.nle-j
If in the case of an existing public building, no
ther granting or refusing a licence is commun-
the applicant within a period of six mo~+h- r 3 t ram
of fh~ eceipt of the application under sub-sectiGn
on 4, a liccnm shall-
section (4) of section 4, be deemed to h~ve been granted
subjec: to the a conditions ordinarily imposed under this . ,* - -1.-
." *;t or the rules made Tnereunaer-
7
(A) for a period of three years colnmencing on
the date nf the exrrir~ of a period of one gear from the -- --- --- J.-
1~ rnmrnencement oT this Act, in any case where date of tL, -- --------- --
the period mentioned in the epplication and the peri ad
mepiinned in such certificate of structural soundness is . .
U,,A"UII -- --. -- --7-
taree years, and
(B) in any other case-
(a) for the period mentioiled in the applica-
tion, or
(b) for the period mentioned in such certifi-
cate of structural soundness,
whichever period is less, and such less period shall in
no case exceed three years and shall commence on the
Ante of the exr irv of a ~riod of oile vepr from the date of . ylr" - - -- - - -- 1.
the cornmen~ei~~ent of this Act, and
-
(ii) in case such application is not accompa&d1
by such a certifirate of structural soundn-ss, be deemed
tobavebeenrefused. ' r fc+ ,*, 1
8. (1) A licence shall be renewed from time to time
and an a~plication for the reilewal of a licc,ncc shail be ---- -
made no{ jess than three. months before the dale of ,th
expiry of the period of such licence. . .
(2) The previsions of this Act shall, as far as nlav k 9
apply for the renewal of a licence as they apply fa; the
grant of a licence on an applic.?tion under so ~rectiCn (1 )
nf cention 4.
Pmsb license
to be obtained
ia, tho case of
addit:.on or almtion,
g. (1) If any addition or aTteration is made to any public building before .<he date of the exgiry of the period
the licence in respeci. of that public building, - or jf .such,
addition or altcrafion is made in respect of a6y p&i~a-*i
of a building connected """h that public build*,
ing& 1
.ti1 'A
has
shall not coat
' fresh applici
been granted
to be used as a public
has been made and a
rr this Act :
d works of necessary repair which do
e position or dimensions of the building
Iiikid'di- aily room therein shall' not be deemed an &atioG* . or addition for the purposes of this sub-
li$id'ed further that the compct ent authority may,
b?ts 'disdretion, allow the continuance of the use
bf the public building as a public building for st~cl~ period'
hot exceeding three months as it deems fit pending the
r&isidn on the application.
j 3, 1% I,
!lid: (2) ~hk provisions of this Act, shall, as Far as may
IP. qhtdvf tot *the fresh a.mlication under sub-section (1 r.
-I **-
e they.apply to an appikation under sub-sect ion (I) ' ;f
';ction ., 4. . . .
; *
P 10. (1) The competent authority may cancel or sus- pi
any licence if it appears to it after giving thc holder or
an opportunity of being heard-- lie
~wer-"to
susw
ence.
cancel ~n d
F'
!t J, (i) that such licence has been obtained by llljs-
representation or fraud ; or
~$4 =
(ii) that the licencec has contravenccl or failed to
amply with any of the provisions of ;his Act or the
sles made thereunder or any of the terms or conditions
;& the licence ; or
. (iii) that the licencee has contravened or fhiled to
Cdljly with an order passed under this Act or the r~.'-f- w
L*,
-igde thereunder ; or
(iv) that the public building can no ionger be
uely used for the purpose for which the licence ~2s
ranted.
4&, * .
1 ,.:: (2) The competent authority may, of its cn~l
notion, review any crder passed under sub-section (1)-
5
p: (i) on the basis of a mistake or error apparent
A& +~rb ~QI*P nf the recard : or
@) on the basis of new and important facts brought
3 its notice after the order was made ; or
4ppeaf against refusal of
lice nce,
I
Tempora.ry
licence.,,
Revision by
* Board of
Revenue.
Public B ~ildings (L Venting)
(iii) for any other sufficient reason :
Provided that the competent authority shall not ' pass
any order under this sub-section prejudicial to any' 'parry
unless he has had a reasonable opportunity of making
his representations.
11. (1) Any person iik&;:.:rl by 2-1 order of 'the com-
petent authority refusing to grant or to renew a licence or
cancelling c r suspending a ilcence, or in the case referred
to in clause (ii) of sub-section (1) or of sub-section (2) of
section 7, the applicant concerned, may, within such ,time
as may be prescribed, appeal to such authority 'as the
Government nay specify in this behalf ;
Provided that such authority may, in its discretion,
allow further time not exceeding one month for the Gling
of any such appeal, if it is satisfied that the appellant
had sufficient cause for not filing the appeal in time.
(2) On receipt of an appeal under sub-section (11,
the appellate authority shall, after giving the appellant
an opportunity of being heard, dispose of the appeal as
expeditiously as possible.
(3) The itppellate authority may stay the operation
of thc order of the competent authority cancelling or
suspending a licence, pending the exercise of its powers
under this section.
*)lr -- - - -,
-
*
Pubfic Buildings (ii/c~lsi~;~;
oceeding or the conecmess, legalit)
ecision or order ~assed therein and
pears to the * Board of Pievellue
n or ,grder should be nlodifified,
remitted for reconsideratiou,
my pass orders accordingly :
Provided that the * Board of Revenue shall uo!
this su b-section prejodictiai to any a reasonable opportunity of inaking
Every application to ihc * Eoi11.d 01' Kevcnur
exercise of its powers under this section shall be
nths fro111 the datc on wi~jch the
which the ilpplicat~on relates
----I-___
--
Power of a
competent
authority,
enginex-, e
to enter pc
building.
44 p&I jc mildings (L icen~ i ng) [i965 : zk. Act i3
+.
Powor t o IS. (1) If the appellate authority mentioned jn , section
probibit the use 11 9 in any case pcuding befcrc it, or if [lie coxnpeient,+utho-
rity, in any other case, is satisfi~d upon inspection' cjf a building in aortain cases, public building or otherwise- I. :
(i) that the said building is in a ruinous stat
(ii) that there is reason to apprehend i
danger to life or property, Gr
(iii) that there is no liccncc,
such authorit:, sllall, without prejudice to any other anion
taken under this Act, by written order, prohibit forthwith
the use of the: public building as a public building.
:>.. r
'-, (2) If the bwner ne4 the ot erPt sub-
section (I), it shall be lawful for the authority mentioned in
that sub-seciion to take such steps and use such force as
may be necessary to prohibit the further use of such buil-
ding as a public building: , .
f "
. (3) Any person aggrieved by an order of the compe-
tent authority under this section may, within such tir& as
may bc prescribed, appeal lo tlle appellate authority.
mentioned in section 11 and llle provisions of that section
shall apply to such appeal as they apply to an appeal
against an ordcr cancciling a licence.
(4) Any order passed by the appellate authority under
this section sl~all be subject to revision by the * Board of
Revenue under section 13,
Fena ltres. 16. (1) If any pe~son contravenes or attempts to contravene or abets the cc~i:;.:-;~i::ion cf the provisiofis of
section 3, or of scction 9, or an order passed under section
15, he shall be. p~nnishable with imprisonment for a', term
which may cxiend to six months, or with fine which. may
extend to five rltousand rupees, or with both, andin tbe case
of a continuing centravention, with an additions which my =xi:lcnb io five hundred rupees for say day el
which such con~ravtmion cominues afier conviaion for the
I first such contraven~ion.
--- -- - --- 4
i -- -
* By viit irc of section 10(1) of the Tamil Nadu Board of Revenue
I I p b:.llt~on ,?ct, 1 984.; (Tamil Nadu Act 36 of 1980), any referem to
the Board of R~enue shall k deemed to be 3. reference tc the Statc
Governmeri.t,
Jurisdiction of
criminal courts.
Power to
exempt.certain
cases.
Competent
authority, etc.,
to be public
S~I tants.
Civil Courts
not to decide
questions under
this Act.
Finality of
orders passed
under this Act.
Indemnit y.
PU&~C ~uildid~s ((tcensingj
19. No court inferior to tkli of a *Presidency qagistrate
or a Magistrate of the firsr-dass shall try any offence puni-
shable under this Act.
20. If the Government are of opinion tlrit it would not
be in tile public interest to apply all or any of the provi-
sions of this Act to any class of public buildings, they
mly, by notification, exempt such class of public buildings
from all or any of the provisions of this Act or arly ruies
mlde thereunder subject to such conditions and restric-
tions as the Goveri~inent may impose.
21. Every authority and cvery officer duly authorised to
discharge any duties imposed on it or him by or under this
Acr &&all b; deemr;d to be a public servant within the
mcaning of scciion 21 of the Indian Penal Code (Central
As: XLV of 1860).
22. No Civil Court shall havz jurisdiction to decide or
deal with any question which i
required to be decided or dealt wit
oficsr mmtioncd in this Act.
23. (1) Any order passed or decisi
ority or officer in respect of matter
the purposes ~f this Act, shall,
appeal or revision, if any, provided
(2) No sucb order or decision shall be lia
questioned in any court of
24. (1) No suit, or other procee
G~vernrne zt for any act done or
under this Act or any rule made there
*According to clauses (a) and (c) of su
the Code of Criminal Procedure, 1973
reference to a Magistrate of the first c
reference to a Judicial Magistrat oft
Z to a Presidency Magistrate sha be constru Mstropolitan Magistrate with effect on and
rr-- - - ---
- - .
." (2) (a) No suit, prosecution, or other proceeding
%shall lie against any uutboritv 0. officer or ser vani of the
<Government for any act do& or purponicg to be done
under. this Act OX any rule made thereunder without the
:previous sanction of t,x Govwnment. .*
er atter the aate
nths from the date of the
35. (1) The Government may make rules to carry out
the purposes of this Act. .
this Act shall be
* and unless they are
cular day shall come
force on the day on which they are so published.
lower
llea ,
to make
-pbiic *Butf&~~ggZ'(&{~e*~ng)
. . . . (4) Every rule mileI or
.. ,~ct. shall, as soon as. possible, after
5 placed on the table pfiboth House
if, before the cxpirpof .ihe session.
or the next session; .both Hotuse
in any such rule or no
,agree thar the rule or notification
I issued the rule or notification sh E.
only i; such modified form
may be, so however, that any suc
merit shall be without prej
previo~sly done under that rul
Act to override 27. (1) The provisions of this Act shall have' effect
Other isws* notwiths:anding anything illeonsistent tl~erewith cont~in~d
in any other Act, law, custom, usage or contract.
(2) Save as otherwise provided in sub-section (i),the
provisions of this Act shall, be in addition to, and not in
derogation of, any other Act.
autlwrity or officer is s under other
Acts. building as defined in t
sound, ~t or he shall make a rdp
the competent authority having
which the public building is
(2) Upon receipt of. a re
the competent authxity shall
Aa as it dre~s fit*
- .. -
"pr