No. 429]
chennai, monday, december 31, 2018
Margazhi 16, Vilambi, Thiruvalluvar Aandu–2049
TAMIL NADU
GOVERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
©
[Regd. No. TN/CCN/467/2012-14.
government of tamil nadu
[R. Dis. No. 197/2009.
2018
[Price: Rs. 3.20 Paise.
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
429-Ex-IV-2—1
429-Ex-IV-2—1a
[279]
280
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:—
Short title and
commence-
ment.
1. (1) This Ordinance may be called the Tamil Nadu Panchayats (Third Amendment)
Ordinance, 2018.
(2) It shall come into force at once.
Amendment
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.
Tamil Nadu Act
21 of 1994.
30th December 2018.
BANWARILAL PUROHIT,
Governor of Tamil Nadu.
Tamil nadu government gazette extraordinary
281
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 under
282
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.
Tamil nadu government gazette extraordinary
283
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
IV of 1919.
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.
Amendment
of section
414-B.
PART – III.
AMENDMENT TO THE TAMIL NADU DISTRICT MUNICIPALITIES ACT, 1920.
Tamil Nadu Act
V of 1920.
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.
Amendment
of section
375-B.
PART – IV.
AMENDMENT TO THE MADURAI CITY MUNICIPAL CORPORATION ACT, 1971.
Tamil Nadu Act
15 of 1971.
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.
Amendment of
section
510-AAA.
PART – V.
AMENDMENT TO THE COIMBATORE CITY MUNICIPAL CORPORATION ACT, 1981.
Tamil Nadu Act
25 of 1981.
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.
Amendment of
section
511-AAA.
PART – VI.
AMENDMENT TO THE TIRUCHIRAPPALLI CITY MUNICIPAL CORPORATION
ACT, 1994.
Tamil Nadu Act
27 of 1994.
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.
Amendment of
section 10-A.
284
Tamil nadu government gazette extraordinary
PART – VII.
AMENDMENT TO THE TIRUNELVELI CITY MUNICIPAL CORPORATION ACT, 1994.
Amendment of
section 10-A.
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.
Tamil Nadu Act
28 of 1994.
PART – VIII.
AMENDMENT TO THE SALEM CITY MUNICIPAL CORPORATION ACT, 1994.
Amendment of
section 10-A.
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.
Tamil Nadu Act
29 of 1994.
PART – IX.
AMENDMENT TO THE TIRUPPUR CITY MUNICIPAL CORPORATION ACT, 2008.
Amendment of
section 9-A.
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.
Tamil Nadu Act
7 of 2008.
PART – X.
AMENDMENT TO THE ERODE CITY MUNICIPAL CORPORATION ACT, 2008.
Amendment of
section 9-A.
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.
Tamil Nadu Act
8 of 2008.
PART – XI.
AMENDMENT TO THE VELLORE CITY MUNICIPAL CORPORATION ACT, 2008.
Amendment of
section 9-A.
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.
Tamil Nadu Act
26 of 2008.
PART – XII.
AMENDMENT TO THE THOOTHUKUDI CITY MUNICIPAL CORPORATION ACT, 2008.
Amendment of
section 9-A.
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.
Tamil Nadu Act
27 of 2008.
PART – XIII.
AMENDMENT TO THE THANJAVUR CITY MUNICIPAL CORPORATION ACT, 2013.
Amendment of
section 9-A.
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.
Tamil Nadu Act
24 of 2013.
PART – XIV.
AMENDMENT TO THE DINDIGUL CITY MUNICIPAL CORPORATION ACT, 2013.
Amendment of
section 9-A.
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.
Tamil Nadu Act
25 of 2013.
30th December 2018.
BANWARILAL PUROHIT,
Governor of Tamil Nadu.
Tamil nadu government gazette extraordinary
285
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 Nadu
286
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