Disqualifications for being Members of the Tamil Nadu Town and Country Planning Board or Planning Authorities Rules [G.O. Ms. NO. 652. RURAL DEVELOPMENT END LOCAL ADMINISTRATION, DATED THE 8 TH APRIL 1975] No. SEO, A-222/75.---In exercise of the powers conferred by clause (c) of sub-section (2) of section 122 of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972), the Governor of Tamil Nadu hereby makes the following rules:--- RULES
1.Short title and commencement.---(a) These rules may be called the Disqualifications for being Members of the Tamil Nadu Town and Country Planning Board or Planning Authorities Rules.
(b) They shall come into force from the date of their publication in the Tamil Nadu Government Gazette.
2. Definitions.--- In these rules, unless the context otherwise requires,---
(i) “Act” means the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972) ;
(ii) “Board” means the Tamil Nadu Town and Country Planning Board constituted under section 5 of the Act ;
(iii) “Planning authority” means and includes a “regional planning authority”, a “local planning authority” or a “new town development authority”, constituted under section 11 of the Act.
3. Disqualification for being a member of the Board or planning authority.---(1) A person shall be disqualified for being a member of the Board or planning authority, if he---
(a) Has been convicted by criminal court for an offence involving moral turpitude, unless such conviction has been set aside ;
(b) An undischarged insolvent ;
(c) Is of unsound mid, a deaf-mute or suffering from infective Hansen’s Disease ;
(d) Is an officer or servant under the Board or planning authority ;
(e) has directly or indirectly by himself or by any partner, employer or employee, any share or interest in any contract or employment with, by or on behalf of the Board or planning authority ;
(f) is a Director or a Secretary Manager or other officer of any incorporated company which has any share or interest in any contract or employment with, by or on behalf of the Board of planning authority.
(2) A person shall not, however, be disqualified under clause (e) or clause (f) of subrule (j) or be deemed to have any share or interest in any contract or employment within the meaning of those clauses, by reason only of his or the incorporated company of which he is a Director, secretary, Manager or other officer, having a share or interest in--- (I) any sale, purchase, lease or exchange of immovable property or any agreement for the payment of money only;
(II) any agreement for the loan of money or any security for the payment of money only ;
(III) the occasional sale to the Board or the Planning Authority to a value not exceeding two thousand rupees in any one year, or any part in which he or the incorporated company regularly trades.
(3) A person shall not also be disqualified under clause (c) or clause (f) of sub-rule (j) or be deemed to have any share or interest in any incorporated company which have any share or interest In any contract or employment with , by or on behalf of the Board or the planning authority by reason only of his being a share-holder of such company :
Provided that such person discloses to the Government the nature and extent of the shares held by him.
Explanation.---For the purpose of clause (d) of sub-rule (i), the Chairman shall not be deemed to be an officer or servant under the Board or planning authority.