THE TAMIL NADU LOCAL AUTHORITIES’ LOAN ACT, 1888
These words were substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, which came into force on the14th January 1969. (TAMIL NADU) ACT NO.1 OF 1888. For Statement of Objects and Reasons, see Fort St. George Gazette Supplement, dated the 15th November 1887, p.1 ; for the Report of the Select Committee, see ibid, dated 3rd January 1888, p.1 ; for Proceedings in Council see ibid, dated the 29th November 1887, p. 4; and ibid, dated the 24th January 1888, P. 1.
This Act was extended to the Kanyakumari district and the Shencottah taluk of the Tirunelveli district by section 3 of, and the First Schedule to, the Tamil Nadu (Transferred Territory) Extension of Laws Act, 1965 (Tamil Nadu Act 22 of 1965) repealing the corresponding law in that territory.
[THE These words were substituted by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, for the word “Madras”, which was inserted by section 3(1) of, and the Second Schedule to, the Tamil Nadu Repealing and Amending Act, 1951 (Tamil Nadu Act XIV of 1951). (TAMIL NADU) LOCAL AUTHORITIES’ LOAN ACT, 1888.]
(Received the assent of the Governor on the 26th January 1888, and of the Governor-General on the 20th April 1888.)
An Act to empower Local Authorities to guarantee interest on, or to create a Fund for Repayment of, Capital expended on certain purposes.
Preamble:- WHEREAS it is expedient to empower local authorities to charge their funds with the payment of interest on Capital applied to the carrying out of works to the execution of which the funds of the local authority can legally be applied ; It is hereby enacted as follows :-
Short title and extent:-
1.This Act shall be called the These words were substituted by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, for the word “Madras”, which was inserted by section 3 (1) of, and the Second Schedule to, the Tamil Nadu Repealing and Amending Act, 1951 (Tamil Nadu Act XIV of 1951). [Tamil Nadu] Local Authorities’ Loan Act, 1888. It extends to the whole of the This expression was substituted for the expression “Madras Presidency” by the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come in to force on the 14th January 1969. [State of Tamil Nadu] The words “and shall come into force upon the passing thereof,” were repealed by the Repealing and Amending Act, 901 (Central Act XI of 1901)-Third Schedule, Part III.
Local Authority:-
2. In this Act “local authority” means any district or municipal board constituted under the provisions of Acts IV see now Tamil Nadu Acts V and XIV of 1920 and V see now Tamil Nadu Acts V and XIV of 1920 of 1884 (Madras) or other such law for the time being in force ; and
Funds:-
“Funds,” used with reference to any local authority, means any district or municipal fund to the control or management of which such authority is entitled, and any rates, taxes or tolls leviable by, and any property vested in, such authority.
Power of local authority to guarantee payment of interest on, or to create a fund for re-payment of, capital expended on any work to which the funds may be applied:-
3. The words “Provincial Government” were substituted for the words “Local Government” by the Adaptation Order of 1937 and the word “State” was substituted for “Provincial” by the Adaptation Order of 1950.[State Government] The words “with the previous sanction of the Governor-General in Council” were omitted by the Devolution Act, 1920 (Central Act XXXVIII of 1920)-First Schedule, Part III, may authorize any local authority, either severally or in conjunction with any other local authority, to charge its funds or any part thereof by way of guarantee for the payment of interest on, or by the creation of a fund for the re-payment of, moneys expended or to be expended on any work or for any of the purposes to which such funds might be by law applied.
Remedy by attachment if engagements not fulfilled:-
4. In the event of default being made by a local authority in the fulfillment of engagements entered into under the last proceeding section, The words “provincial Government” were substituted for the words “Governor in Council “ by the Adaptation Order of 1937 and the word “State” was substituted for “ Provincial “ by the Adaptation Order of 1950. [State Government] may, on the application of a person entitled under such engagements, attach the funds made subject to charge on account thereof. After such attachment, no person, except an officer appointed in this behalf by The words “Provincial Government“ were substituted for the words “Governor in Council” by the Adaptation Order of 1937 and the word “State” was substituted for “Provincial” by the Adaptation Order of 1950.[State Government], shall in any way deal with the attached funds; but such officer may do all acts in respect thereof which the local authority might have done if such attachment had not taken place, and may apply the proceeds to the discharge of the liabilities incurred and in payment of all costs due in respect thereof, and of all expenses caused by the attachment and subsequent proceedings consequent thereon:
Attachment not to defeat prior charges legally made:-
Provided that no such attachment shall defeat or prejudice any debt for which the funds attached were previously pledged in accordance with law; but all such prior charges shall be paid out of the proceeds of the funds, before any part of the proceeds is applied to the satisfaction of a liability incurred under this Act.
Power of Government to make rules:-
5. The words “Provincial Government” were substituted for the words “Governor in Council” by the Adaptation Order of 1937 and the word “State” was substituted for “Provincial” by the Adaptation Order of 1950 [State Government] may, from time to time, make rules consistent with this Act as to-
(1) the nature of funds on the security of which interest may be guaranteed;
(2) the works for the carrying out of which the payment of interest may be guaranteed;
(3) the manner of making application for sanction to give such guarantee;
(4) the inquiries to be made in relation to such applications and the manner of conducting such inquiries;
(5) the inspection of any works carried out under any contract in respect of which the payment of interest is guaranteed under this Act;
(6) the accounts to be kept by the person or corporate body with whom such contract is made and for the inspection of the same;
(7) attachment of the funds and the manner of collecting or disposing of them;
And as to all other matters incidental to carrying this Act into effect.
All such rules shall be published in the these words were substituted for the words “Fort St. George Gazette” by the Adaptation Order of 1937. [Official Gazette].
Cancellation or alteration of rules:-
The words ”Provincial Government” were substituted for the words “Governor in Council” by the Adaptation Order of 1937 and the word “State” was substituted for “Provincial” by the Adaptation Order of 1950.[State Government] may, in like manner, from time to time, cancel or alter such rules.
THE TAMIL NADU PLACES OF PUBLIC RESORT ACT, 1888
These words were substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, which came into force on the14th January 1969. (TAMIL NADU) ACT NO.II OF 1888. For statement of Objects and Reasons, see Fort St. George Gazette Supplement, dated the 8th November 1887, p. 19; for Report of the Select Committee, see ibid, dated the 31st January 1888, p. 1; for Proceedings in Council, see ibid, dated the 29th November 1887, p. 5; and ibid, dated the 27th March 1888, p.11.
This Act was extended to the merged State of Pudukkottai by section 3 of, and the First Schedule to, the Tamil Nadu Merged States (Laws) Act, 1949 (Tamil Nadu Act XXXV of 1949).
Under section 5-A, sub-section (1), of the Tamil Nadu Cinemas Regulation Act, 1955 (Tamil Nadu Act IX of 1955), the provisions of this Act shall not apply to any application made under the said sub-section by any person who intends to any place for the exhibition of cinematograph films.
Any law corresponding to the Tamil Nadu Places of Public Resort Act, 1888 (Tamil Nadu Act II of 1888) as amended by the Tamil Nadu Places of Public Resort (Amendment) Act, 1960 (Tamil Nadu Act 20 of 1960) in force in the transferred territory before the 12th October 1960 shall stand repealed on the said date by virtue of section 12 of the Tamil Nadu Places of Public Resort (Amendment) Act, 1960 (Tamil Nadu Act 20 of 1960).
In its application to any village, town or part thereof to which this Act, may be extended by the Government, certain modifications have been made by section 94 of the Tamil Nadu Village Panchayats Act, 1950 (Tamil Nadu Act X of 1950) and by section 114 of the Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958).
[THE These words were substituted by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969 for the word “Madras”, which was inserted by section 3(1) of, and the Second Schedule to, the Tamil Nadu Repealing and Amending Act, 1951 (Tamil Nadu Act XIV of 1951). (TAMIL NADU) PLACES OF PUBLIC RESORT ACT, 1888.]
(Received the assent of the Governor on the 12th April 1888, and of the Governor-General on the 31st May 1888.) |
