Ordinance-No. 4 of 2018— The Tamil Nadu Panchayats Third (Amendment) Ordinance, 2018-No.5 of 2018— The Tamil Nadu Municipal Laws (Sixth Amendment) Ordinance, 2018

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goVerNmeNT of TamiL NadU

2018

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[Price: Rs. 3.20 Paise.

No. 429] cheNNai, moNday, december 31, 2018 margazhi 16, Vilambi, Thiruvalluvar aandu–2049

Part IV—Section 2

Tamil Nadu Acts and Ordinances

CONTENTS

Pages.

Ordinance :

No. 4 of 2018— The Tamil Nadu Panchayats Third (amendment) ordinance,

2018... .. .. .. .. .. .. .. 280-282 No.5 of 2018— The Tamil Nadu municipal Laws (Sixth amendment) ordinance,

2018. .. .. .. .. .. .. .. 283-286

[279]

429-ex-iV-2—1 429-ex-iV-2—1a280 TamiL NadU goVerNmeNT gazeTTe exTraordiNary The following ordinance which was promulgated by the governor on the 30th december 2018 is hereby published for general information:—

TAMIL NADU ORDINANCE NO. 4 OF 2018.

An Ordinance further to amend the Tamil Nadu Panchayats Act, 1994.

WhereaS the Legislative assembly of the State is not in session and the governor of Tamil Nadu is satisfied that circumstances exist which render it necessary for him to take immediate action for the purposes hereinafter appearing;

NoW, Therefore, in exercise of the powers conferred by clause (1) of article 213 of the constitution, the governor hereby promulgates the following ordinance:—

1. (1) This ordinance may be called the Tamil Nadu Panchayats (Third amendment) ordinance, 2018.

Short title and commence- ment.

(2) it shall come into force at once.

amendment

Tamil Nadu act 21 of 1994.

of section 261-a.

2. in section 261-a of the Tamil Nadu Panchayats act, 1994, for the expression "upto the 31st day of december 2018", the expression "upto the 30th day of June 2019" shall be substituted.

30th december 2018.

baNWariLaL PUrohiT, Governor of Tamil Nadu.

EXPLANATORY STATEMENT.

The Tamil Nadu State Election Commission has issued notification for the purpose of filling up of ordinary vacancies in the offices of ward members / councillors of village panchayats, panchayat unions and district panchayats and also to the office of Presidents of village panchayats. The high court of madras in its order dated 04.10.2016 in W.P.No.33984 of 2016, while upholding the government orders has, among other things, directed the Tamil Nadu State Election Commission to issue fresh notification to conduct election and complete such election process at the earliest, not later than the 31st december 2016 and has also directed the government to administer the local bodies by appointment of Special Officers till the elections are held, as the terms of office of the elected representatives of local bodies are to expire soon and the same cannot be extended beyond five years. In view of the above directions of the High Court, Madras, Special Officers were appointed to the village panchayats, panchayat unions and district panchayats till elections to the said village panchayats, panchayat unions and district panchayats are held and last extended the term of Special Officers upto the 31st December 2018. The term of office of the said Special Officers is due to expire on the 31st december 2018.

2. Further, a Writ Appeal No.1268/2016 was filed by the Tamil Nadu State Election Commission before the High Court of Madras against the order in W.P.No.33984/2016. In the said appeal, on 04.09.2017, the High Court of Madras has ordered that the notification announcing elections to local bodies in Tamil Nadu shall definitely be published within 18th September 2017 and election to local bodies shall be completed by 17th November 2017 and that these directions will be subject to any orders that might be passed by the Supreme court in the appeal on 06.09.2017. in view of the said orders of high court of madras, particularly with reference to the pendency of appeal in Supreme court, the Tamil Nadu State Election Commission has filed Interlocutory Application (I.A.No.88126/2017) in the Supreme Court seeking direction to permit to conduct election to the local bodies on the basis of the delimitation of territorial wards determined by the delimitation commission and the same is also pending before the Supreme court. in these circumstances, contempt Petition No.1697/2017 has been filed before the High Court of Madras for non-compliance of the orders passed in Writ Appeal No.1268/2016. The Tamil Nadu State Election Commissioner and Secretary to Tamil Nadu State Election Commission have filed affidavit explaining the causes for non-compliance of the orders passed in the said Writ appeal. further, in the said Contempt Petition, the Court directed the Government to file an affidavit explaining the reasons as to the alleged non-compliance of the orders and also directed to produce the files relating to the promulgation of the Tamil Nadu Ordinance No.4 of 2017. The Government have filed an affidavit on the 24th September 2018 in the High Court of Madras. in pursuance of the further directions of the high court dated the 24th September 2018, the Government have also filed additional affidavits on the 26th October 2018 and the same are taken on record. As such, the Contempt Petition No.1697 of 2017 in W.A.No.1268 of 2016 is still pending in the high court.

3. The Civil Appeal Nos.5467-5469/2017 filed against the orders in W.P.Nos.23411/2016, 23417/2016 and 23418/2016 in the Supreme Court for delimitation of territorial wards of local bodies and for other matters connected therewith are still pending before the Supreme court. In the meantime and in pursuance of orders of Supreme Court in W.P.(C) No.769/2017, Writ Petition No.22646/2017 has been filed before the Madurai Bench of Madras High Court for conducting elections to the local bodies and the same is also pending.

4. The Tamil Nadu delimitation commission has been constituted under the Tamil Nadu delimitation commission act, 2017 (Tamil Nadu act 23 of 2017) for determining delimitation of territorial wards of village panchayats, panchayat unions, district panchayats, Town Panchayats, municipalities and municipal corporations to conduct local bodies election based on the population figures of last preceding census, namely, 2011 census as required under Articles 243(f) and 243P(g) of the constitution. The Tamil Nadu delimitation commission has recently submitted its recommendations on the delimitation of territorial wards of rural local bodies to the government. based on the recommendation of Tamil Nadu delimitation commission, the territorial wards of rural local bodies have been notified and the same have been published in the respective district gazette, dated 14th december 2018. Thereafter, the Tamil Nadu delimitation commission shall submit its recommendations on the reservation of seats for the person belonging to the Scheduled Castes, Scheduled Tribes and women as required under282 TamiL NadU goVerNmeNT gazeTTe exTraordiNary section 4(1)(f) of the Tamil Nadu delimitation commission act, 2017 (Tamil Nadu act 23 of 2017). after the completion of these process, the schedule for conducting ordinary elections to the rural local bodies will be notified by the Tamil Nadu State Election Commission.

5. in the circumstances stated above, ordinary election to village panchayats, panchayat unions and district panchayats could not be conducted, the term of office of Special Officers has to be extended since the term of office of the Special Officers expires on the 31st December 2018. The government have, therefore, decided to amend the Tamil Nadu Panchayats act, 1994 (Tamil Nadu Act 21 of 1994) so as to enable the Government to extend the term of office of the Special Officers for a further period of six months upto the 30th June 2019 or until the first meeting of council is held after the ordinary elections to the village panchayats, panchayat unions and district panchayats, whichever is earlier.

6. The Ordinance seeks to give effect to the above decision.

(by order of the governor)

S.S. PooVaLiNgam, Secretary to Government,

Law Department.

The following ordinance which was promulgated by the governor on the 30th december 2018 is hereby published for general information:—

TAMIL NADU ORDINANCE No.5 OF 2018.

An Ordinance further to amend the laws relating to the Municipal Corporations and

Municipalities in the State of Tamil Nadu.

WhereaS the Legislative assembly of the State is not in session and the governor of Tamil Nadu is satisfied that circumstances exist which render it necessary for him to take immediate action for the purposes hereinafter appearing;

NoW, Therefore, in exercise of the powers conferred by clause (1) of article 213 of the constitution, the governor hereby promulgates the following ordinance:—

PART – I.

PRELIMINARY.

1. (1) This ordinance may be called the Tamil Nadu municipal Laws (Sixth amendment) ordinance, 2018.

Short title and commence- ment.

(2) it shall come into force at once.

PART – II.

AMENDMENT TO THE CHENNAI CITY MUNICIPAL CORPORATION ACT, 1919.

Tamil Nadu act

amendment iV of 1919.

of section 414-b.

2. in section 414-b of the chennai city municipal corporation act, 1919, for the expression "upto the 31st day of december 2018", the expression "upto the 30th day of June 2019" shall be substituted.

PART – III.

AMENDMENT TO THE TAMIL NADU DISTRICT MUNICIPALITIES ACT, 1920.

Tamil Nadu act

amendment V of 1920.

of section 375-b.

3. in section 375-b of the Tamil Nadu district municipalities act, 1920, for the expression "upto the 31st day of december 2018", the expression "upto the 30th day of June 2019" shall be substituted.

PART – IV.

AMENDMENT TO THE MADURAI CITY MUNICIPAL CORPORATION ACT, 1971.

Tamil Nadu act 15 of 1971.

amendment of section 510-aaa.

4. in section 510-aaa of the madurai city municipal corporation act, 1971, for the expression "upto the 31st day of december 2018", the expression "upto the 30th day of June 2019" shall be substituted.

PART – V.

AMENDMENT TO THE COIMBATORE CITY MUNICIPAL CORPORATION ACT, 1981.

Tamil Nadu act

25 of 1981.

amendment of section 511-aaa.

5. in section 511-aaa of the coimbatore city municipal corporation act, 1981, for the expression "upto the 31st day of december 2018", the expression "upto the 30th day of June 2019" shall be substituted.

PART – VI.

AMENDMENT TO THE TIRUCHIRAPPALLI CITY MUNICIPAL CORPORATION

ACT, 1994.

Tamil Nadu act

27 of 1994.

amendment of section 10-a.

6. in section 10-a of the Tiruchirappalli city municipal corporation act, 1994, for the expression "upto the 31st day of december 2018", the expression "upto the 30th day of June 2019" shall be substituted.

PART – VII.

AMENDMENT TO THE TIRUNELVELI CITY MUNICIPAL CORPORATION ACT, 1994.

Tamil Nadu act amendment of section 10-a.

28 of 1994.

7. in section 10-a of the Tirunelveli city municipal corporation act, 1994, for the expression "upto the 31st day of december 2018", the expression "upto the 30th day of June 2019" shall be substituted.

PART – VIII.

AMENDMENT TO THE SALEM CITY MUNICIPAL CORPORATION ACT, 1994.

Tamil Nadu act amendment of section 10-a.

29 of 1994.

8. in section 10-a of the Salem city municipal corporation act, 1994, for the expression "upto the 31st day of december 2018", the expression "upto the 30th day of June 2019" shall be substituted.

PART – IX.

AMENDMENT TO THE TIRUPPUR CITY MUNICIPAL CORPORATION ACT, 2008.

Tamil Nadu act amendment of section 9-a.

7 of 2008.

9. in section 9-a of the Tiruppur city municipal corporation act, 2008, for the expression "upto the 31st day of december 2018", the expression "upto the 30th day of June 2019" shall be substituted.

PART – X.

AMENDMENT TO THE ERODE CITY MUNICIPAL CORPORATION ACT, 2008.

Tamil Nadu act amendment of section 9-a.

8 of 2008.

10. in section 9-a of the erode city municipal corporation act, 2008, for the expression "upto the 31st day of december 2018", the expression "upto the 30th day of June 2019" shall be substituted.

PART – XI.

AMENDMENT TO THE VELLORE CITY MUNICIPAL CORPORATION ACT, 2008.

Tamil Nadu act amendment of section 9-a.

26 of 2008.

11. in section 9-a of the Vellore city municipal corporation act, 2008, for the expression "upto the 31st day of december 2018", the expression "upto the 30th day of June 2019" shall be substituted.

PART – XII.

AMENDMENT TO THE THOOTHUKUDI CITY MUNICIPAL CORPORATION ACT, 2008.

amendment of section 9-a.

Tamil Nadu act 27 of 2008.

12. In section 9-A of the Thoothukudi City Municipal Corporation Act, 2008, for the expression "upto the 31st day of december 2018", the expression "upto the 30th day of June 2019" shall be substituted.

PART – XIII.

AMENDMENT TO THE THANJAVUR CITY MUNICIPAL CORPORATION ACT, 2013.

amendment of section 9-a.

Tamil Nadu act 24 of 2013.

13. in section 9-a of the Thanjavur city municipal corporation act, 2013, for the expression "upto the 31st day of december 2018", the expression "upto the 30th day of June 2019" shall be substituted.

PART – XIV.

AMENDMENT TO THE DINDIGUL CITY MUNICIPAL CORPORATION ACT, 2013.

Tamil Nadu act amendment of section 9-a.

25 of 2013.

14. in section 9-a of the dindigul city municipal corporation act, 2013, for the expression "upto the 31st day of december 2018", the expression "upto the 30th day of June 2019" shall be substituted.

30th december 2018.

baNWariLaL PUrohiT, Governor of Tamil Nadu.

EXPLANATORY STATEMENT.

The Tamil Nadu State Election Commission has issued notification for the purpose of filling up of ordinary vacancies in the offices of ward members/councillors of Town Panchayats, municipalities and municipal corporations. The high court of madras in its order dated 04.10.2016 in W.P.No.33984 of 2016, while upholding the government orders has, among other things, directed the Tamil Nadu State election commission to issue fresh notification to conduct election and complete such election process at the earliest, not later than the 31st december 2016 and has also directed the government to administer the Local Bodies by appointment of Special Officers till the elections are held, as the terms of office of the elected representatives of Local bodies are to expire soon and the same cannot be extended beyond five years. In view of the above directions of the High Court, Madras, Special Officers were appointed to the Town Panchayats, Municipalities and Municipal corporations till elections to the said Town Panchayats, municipalities and municipal Corporations are held and the term of the said Special Officers were last extended upto the 31st December 2018. The term of office of the said Special Officers is due to expire on the 31st december 2018.

2. Further, a Writ Appeal No.1268/2016 was filed by the Tamil Nadu State Election Commission before the High Court of Madras against the order in W.P.No.33984/2016. In the said appeal, on 04.09.2017, the High Court of Madras has ordered that the notification announcing elections to local bodies in Tamil Nadu shall definitely be published within 18th September 2017 and election to local bodies shall be completed by 17th November 2017 and that these directions will be subject to any orders that might be passed by the Supreme court in the appeal on 06.09.2017. in view of the said orders of high court of madras, particularly with reference to the pendency of appeal in Supreme court, the Tamil Nadu State election Commission has filed Interlocutory Application (I.A.No.88126/2017) in the Supreme Court seeking direction to permit to conduct election to the local bodies on the basis of the delimitation of territorial wards determined by the Tamil Nadu delimitation commission and the same is also pending before the Supreme Court. In these circumstances, Contempt Petition No.1697/2017 has been filed before the High Court of Madras for non-compliance of the orders passed in Writ Appeal No.1268/2016. The Tamil Nadu State Election Commissioner and Secretary to Tamil Nadu State Election Commission have filed affidavit explaining the causes for non-compliance of the orders passed in the said Writ appeal. further, in the said contempt Petition, the Court directed the Government to file an affidavit explaining the reasons as to the alleged non-compliance of the orders and also directed to produce the files relating to the promulgation of the Tamil Nadu Ordinance No.4 of 2017. The Government have filed an affidavit on the 24th September 2018 in the high court of madras. in pursuance of the further directions of the High Court, dated the 24th September 2018, the Government have also filed additional affidavit on the 26th October 2018 and the same were taken on record. As such, the Contempt Petition No.1697 of 2017 in W.a.No.1268 of 2016 is still pending in the high court.

3. The Civil Appeal Nos.5467-5469/2017 filed against the orders in W.P.Nos.23411/2016, 23417/2016 and 23418/2016 in the Supreme Court for delimitation of territorial wards of Local bodies and for other matters connected therewith are still pending before the Supreme court. In the meantime and in pursuance of orders of Supreme Court in Writ Petition(C)No.769/2017, Writ Petition No.22646/2017 has been filed before the Madurai Bench of Madras High Court for conducting elections to the Local bodies and the same is also pending.

4. The Tamil Nadu delimitation commission has been constituted under the Tamil Nadu delimitation commission act, 2017 (Tamil Nadu act 23 of 2017) for determining delimitation of territorial wards of Village Panchayats, Panchayat Unions, district Panchayats, Town Panchayats, municipalities and municipal corporations to conduct local bodies election based on the population figures of last preceding census, namely, 2011 census as required under articles 243(f) and 243P(g) of the constitution. The Tamil Nadu delimitation commission has recently submitted its recommendations on the delimitation of territorial wards of Urban Local bodies to the government. based on the recommendations of said delimitation Commission, the territorial wards of Urban Local Bodies have been notified and the same have been published in the Tamil Nadu Government Gazette and district gazettes, dated the 14th december 2018. Thereafter, the Tamil Nadu delimitation commission shall submit its recommendations on the reservation of seats for the person belonging to the Scheduled Castes, Scheduled Tribes and Women, as required under section 4(1)(f) of the Tamil Nadu286 TamiL NadU goVerNmeNT gazeTTe exTraordiNary delimitation commission act, 2017 (Tamil Nadu act 23 of 2017). after the completion of these process, the schedule for conducting ordinary elections to the Urban Local bodies will be notified by the Tamil Nadu State Election Commission.

5. in the circumstances stated above, ordinary election to Town Panchayats, municipalities and Municipal Corporations could not be conducted. Hence, the term of office of Special Officers has to be extended since the term of office of the Special Officers expires on the 31st december 2018. The government have, therefore, decided to amend the laws relating to Town Panchayats, municipalities and municipal corporations so as to enable the government to extend the term of office of the Special Officers for a further period of six months upto the 30th June 2019 or until the first meeting of council is held after the ordinary elections to the Town Panchayats, municipalities and municipal corporations, whichever is earlier.

6. The Ordinance seeks to give effect to the above decision.

(by order of the governor)

S.S. PooVaLiNgam, Secretary to Government,

Law Department.

PriNTed aNd PUbLiShed by The direcTor of STaTioNery aNd PriNTiNg, cheNNai oN behaLf of The goVerNmeNT of TamiL NadU