The Tamil Nadu Municipal Authorities Complete Act - Bare Act

An Act to provide for determining the term of office of, councilors of, and for holding elections of councilors to, the Municipal Corporation of Madras and the Municipal Councils in the State of Tamil Nadu.

BE it enacted by the Legislature of the State of Tamil Nadu in the Fourteenth Year of the Republic of India as follows:-

This Act may be called THE TAMIL NADU MUNICIPAL AUTHORITIES (TERM OF OFFICE AND ELECTION OF COUNCILLORS) ACT, 1963.

In this Act, unless the context otherwise requires,-

(1) "casual vacancy" means a vacancy occurring otherwise than by efflux of time and "casual election" means an election held on the occurrence of a casual vacancy:

(2) "Corporation Act" means the Madras City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919):

(3) "councilor" means a councilor of a municipal authority:

(4) "Extension of Term of Office Act" means the Tamil Nadu Local Authorities (Extension of Term of Office of Members) Act, 1962 (Tamil Nadu Act XII of 1963);

(5) "Government" means the State Government :

(6) "municipal authority" means the Municipal Corporation of Madras or a municipal council ;

(7) "Municipalities Act" means the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920);

(8) "ordinary vacancy" means a vacancy occurring by efflux of time and "ordinary election" means an election held on the occurrence of an ordinary vacancy.

Notwithstanding anything contained in the Corporation Act, the Municipalities Act, or the Extension of Term of Office Act, -

(a) the term of office of the councilors of any municipal authority as a whole which has been extended by section 3 of the Extension of Term of Office Act shall expire on such date as the Government may, by notification, specify in this behalf:

Provided that the date specified in such notification may, for sufficient cause, be cancelled or modified by the Government, by notification;

(b) the next ordinary elections to fill ordinary vacancies in the office of councilors shall be held to such municipal authority and the newly elected councilors may come into office on such date as may be fixed by the Government, by notification, but such date shall be subsequent to the date of expiry of the term of office of the councilors specified under clause (a):

Provided that the date so fixed may, from time to time, be advanced or postponed, to another date, by the Government by notification;

(c) The term of office of the councilors newly elected under clause (b) shall expire at noon on the first day of November, immediately succeeding the expiry of three years from the date on which such councilors come into office;

Provided that the Government may, from time to time, by notification, for sufficient cause, direct that the term of office of such councilors as a whole be extended or reduced by such period as may be specified in the notification but such period or periods shall not, in the aggregate exceed one year;

(d) elections may be held to any municipal authority to be newly constituted or reconstituted under the Municipalities Act and the provisions of Clauses (b) and (c) shall, so far as may be apply to the first elections to be so held;

(e) casual election may be held to fill and casual vacancy in the office of a councilor of a municipal authority occurring after the holding of elections referred to in clause (b) or clause (d), as the case may be;

(f) after the date on which the newly elected councilors of the council under the corporation Act come in to office under clause (b),-

(i) the election of Mayor, Deputy Mayor, members of the Corporation committee (other than the Mayor) and members of the licence appeals committee shall be held at the first meeting of the council;

(ii) the election of chairman of the central committee or the corporation accounts committee or the licence appeals committee shall be held at the first meeting of such committee

(iii) the election of chairman of a circle committee and the election of one of its members to the central committee shall be held at the first meeting of such circle committee.

Notwithstanding anything contained in the Municipalities Act, the existing strength of every municipal council, the existing reservation of sears in the municipal council and the existing division into wards of the municipality concerned shall be the same for the purposes of holding the next ordinary elections referred to in clause (b) of section 3 and the first elections referred to in clause (d) of section 3.

An Act further to amend the Tamil Nadu District Municipalities Act, 1920.

BE it enacted by the legislative Assembly of the State of Tamil Nadu in the Forty Fifth Year of the Republic of India as follows "

(1) This Act may be called the Tamil Nadu District Municipalities (Second Amendment and Validation) Act, 1994.

(2) It shall be deemed to have come into force on the 9^th day of December 1992.

Inserted in the Principal Act.

Notwithstanding anything contained in any law for the time being in force or in any judgment, decree or order of any court or other authority, all acts done, proceedings taken or orders issued by the State Government exempting any building or class of buildings from any of the provisions of the principal Act or relaxing any of the rules made under Chapter X or Chapter X-A of the Principal Act in respect of any building or class of buildings, during the period commencing on the 9^th day of December 1992 and ending with the date of publication of this Act in the Tamil Nadu Government Gazette shall for all purposes, be deemed to be and to have always been validly done taken or issued in accordance with law, as if section 217-Q of the principal Act, as amended by this Act, had been in force at all material times when such acts, proceedings or orders were done, taken or issued.

Statement of objects and Reasons

According to the proviso to Section 192 of the Tamil Nadu District Municipalities Act 1920, the State Government may in respect of all municipalities or with the consent of the municipal council, in respect of any particular municipality or portion thereof, exempt all buildings or any class of buildings from all or any of provisions of Chapter X of the said Act or the rules made thereunder. In the new chapter X-A incorporated by Tamil Nadu Act 58 of 1992, which is applicable to hills stations, there are no provisions enabling the Government to exempt any building or class of buildings from the provisions of the said Chapter X-wsA. The Government have therefore decided that provisions should be made in Chapter X-A of the Tamil Nadu District Municipalities Act, 1920 enabling the State Government if they are satisfied that it will not result in the deterioration of scenic beauty or destruction of the environment and eco-system of the hill stations to exempt from the provisions of Chapter X or chapter X-A of the said Act or relax the rules made under Chapter X or Chapter X-A of the said Act in respect of any building or class of buildings apart form the Central or State Government.

2. The Bill seeks to give effect to the above decision.