No. 75]

CHENNAI, THURSDAY, FEBRUARY 21, 2019

Maasi 9, Vilambi, Thiruvalluvar Aandu–2050

TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

[Regd. No. TN/CCN/467/2012-14.

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2019

[Price: Rs. 8.80 Paise.

Part IV—Section 2

Tamil Nadu Acts and Ordinances

CONTENTS

[33]

75-Ex-IV-2

Pages.

Acts:—

No. 10 of 2019—The Hosur City Municipal Corporation Act, 2019 ..

34-40

No. 11 of 2019—The Nagercoil City Municipal Corporation Act, 2019

41-46

No. 12 of 2019—The Tamil Nadu Municipal Laws (Second Amendment) Act, 2019 .. ..

47-52

No. 13 of 2019—The Tamil Nadu Panchayats (Second Amendment) Act, 2019 ..

53-54

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

An Act to provide for the establishment of a Municipal

Corporation for the city of Hosur.

Bඍ it enacted by the Legislative Assembly of the State of

Tamil Nadu in the Seventieth Year of the Republic of India as follows:—

Short title,

extent and

commence-

ment.

1. (1) This Act may be called the Hosur City Municipal Corporation Act,

2019.

Deﬁ nitions

(2) It extends to the city of Hosur.

(3) It shall come into force on such date as the Government

may, by notiﬁ cation, appoint.

2. (1) In this Act, unless the context otherwise requires,

(a) “city of Hosur” or “city” means the local area comprised in

the Hosur municipality and includes any local area which,

after the date of the commencement of this Act, is includ

ed in the city but does not include any local area which,

after such date of the commencement of this Act, is ex

cluded from the city;

(b) “corporation” means the municipal corporation of

Hosur constituted under Section 3;

Hosur;

(d) “date of the commencement of this Act” means the

date speciﬁ ed under sub-section (3) of Section 1;

(e) “Government” means the State Government;

(f) “municipal council” means the municipal council of

Hosur municipality;

(g) “municipality” means the Hosur municipality;

(h) “Scheduled Castes” and “Scheduled Tribes” shall have

the meanings, respectively, assigned to them in clauses (24)

and (25) of Article 366 of the Constitution.

(2) All words and expressions used in this Act and not deﬁ ned

but deﬁ ned in the Coimbatore City Municipal Corporation

Act, 1981 (hereinafter referred to as the 1981 Act), shall

have the meanings, respectively, assigned to them in the

1981 Act.

Tamil Nadu Act

25 of 1981

The following Act of the Tamil Nadu Legislative Assembly received the assent

of the Governor on the 20th February 2019 and is hereby published for

general information:—

ACT No. 10 of 2019.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

3. (1) With eﬀ ect on and from the date of the commencement of

this Act, the local area included in the Hosur municipality shall constitute

the city of Hosur for the purposes of this Act and from such date of the

commencement of this Act, a municipal corporation shall be deemed to

have been established for the said city by the name of Hosur City Municipal

Corporation:

Provided that the Government may, from time to time, after consultation

with the corporation, by notiﬁ cation, alter the limits of the city constituted

under this sub-section so as to include therein or to exclude therefrom the

areas speciﬁ ed in the notiﬁ cation:

Provided further that the power to issue a notiﬁ cation under this sub-

section shall be subject to previous publication.

(2) The corporation shall, by the said name, be a body corporate,

having perpetual succession and a common seal with power to acquire,

hold and dispose of property and to enter into contracts and may by its

corporate name, sue and be sued.

(3) The Hosur municipality, functioning immediately before the date of

the commencement of this Act, shall be deemed to have been abolished

from such date of the commencement of this Act.

Establishment

of municipal

corporation

for the city of

Hosur.

4. The municipal authorities charged with carrying out the provisions of

this Act shall be,—

(1) a Mayor;

(2) a council;

(3) a standing committee;

(4) a wards committee; and

(5) a commissioner.

Municipal

authorities.

5. (1) Save as otherwise provided in sub-section (2), the council shall

consist of such number of councillors elected in the manner laid down in

this Act as may be ﬁ xed by the Government, by notiﬁ cation, from time to

time, so, however, that the total number of councillors of the council shall

not exceed seventy-two at any time.

(2) The following persons shall also be represented in the council,

namely:—

(a) the members of the House of the People representing

constituencies which comprise wholly or partly the area of the corporation

and the members of the Council of States registered as electors within the

area of the corporation;

(b) all the members of the Tamil Nadu Legislative Assembly

representing constituencies which comprise wholly or partly the area of the

corporation.

(3) The persons referred to in sub-section (2) shall be entitled to take

part in the proceedings but shall not have the right to vote in the meetings

of the council.

Constitution of

council.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Duration of

Corporation.

(4) Seats shall be reserved for the persons belonging to the Scheduled

Castes and the Scheduled Tribes in the council and the number of seats

so reserved shall bear, as nearly as may be, the same proportion to the

total number of seats to be ﬁ lled by direct election in the council as the

population of the Scheduled Castes in the city or of the Scheduled Tribes in

the city bears to the total population of the city.

(5) Seats shall be reserved for women belonging to the Scheduled

Castes and the Scheduled Tribes, from among the seats reserved for the

persons belonging to the Scheduled Castes and the Scheduled Tribes,

which shall not be less than ﬁ fty per cent of the total number of seats

reserved for the persons belonging to the Scheduled Castes and the

Scheduled Tribes.

(6) Seats shall be reserved for women in the council and the number of

seats reserved for women shall not be less than ﬁ fty per cent including the

number of seats reserved for women belonging to the Scheduled Castes

and Scheduled Tribes of the total number of seats in the council.

(7) The reservation of seats under sub-sections (4) and (5) shall cease

to have eﬀ ect on the expiry of the period speciﬁ ed in Article 334 of the

Constitution.

6. (1) The corporation, unless sooner dissolved, shall continue for

ﬁ ve years from the date appointed for its ﬁ rst meeting after each ordinary

election and no longer and the said period of ﬁ ve years shall operate as a

dissolution of the corporation.

(2) An election to constitute the corporation shall be completed,—

(a) before the expiry of its duration speciﬁ ed in sub-section (1); or

(b) before the expiration of a period of six months from the date of

its dissolution:

Provided that where the remainder of the period for which the dissolved

corporation would have continued, is less than six months, it shall not be

necessary to hold any election, under this sub-section for constituting the

corporation for such period.

Tamil Nadu

District

Municipalities

Act, 1920 not

to apply.

7. (1) Subject to the provisions of sub-sections (2) and (3), the

Tamil Nadu District Municipalities Act, 1920 (hereinafter referred to as the

“District Municipalities Act”) shall, with eﬀ ect on and from the date of the

commencement of this Act, cease to apply to the local area comprised

within the city of Hosur.

Tamil Nadu Act

V of 1920.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(2) Such cessor shall not aﬀ ect,—

(a) the previous operation of the District Municipalities Act in

respect of the local area comprised within the city of Hosur;

(b) any penalty, forfeiture or punishment incurred in respect of any

oﬀ ence committed against the District Municipalities Act; or

such penalty, forfeiture or punishment, and any such penalty, forfeiture or

punishment may be imposed as if this Act had not been passed.

(3) Notwithstanding anything contained in sub-section (1), all

appointments, notiﬁ cations, notices, rules, bye-laws, regulations, orders,

directions, licences, permissions, schemes, forms and powers, made or

issued or conferred under the District Municipalities Act and in force on

the date of the commencement of this Act shall, so far as they are not

inconsistent with the provisions of this Act, continue to be in force in the

local area comprised within the city of Hosur until they are replaced by the

appointments, notiﬁ cations, notices, rules, bye-laws, regulations, orders,

directions, licences, permissions, schemes, forms and powers to be made

or issued or conferred under this Act.

8. (1) Save as otherwise expressly provided herein, all the provisions

of the 1981 Act, including the provisions relating to the levy and collection

of any tax or fee are hereby extended to and shall apply, mutatis mutandis

to the corporation and the 1981 Act shall, in relation to the corporation, be

read and construed as if the provisions of this Act had formed part of the

1981 Act.

(2) For the purpose of facilitating the application of the provisions

of the 1981 Act to the corporation, the Government may, by notiﬁ cation,

make such adaptations and modiﬁ cations of the 1981 Act and the rules

and bye-laws made thereunder, whether by way of repealing, amending or

suspending any provisions thereof, as may be necessary or expedient and

thereupon, the 1981 Act and the rules made thereunder, shall apply to the

corporation subject to the adaptations and modiﬁ cations so made.

(3) Notwithstanding that no provision or insuﬃ cient provision has

been made under sub-section (2) for the adaptation of the provisions of the

1981 Act, or the rules and bye-laws made thereunder, any court, tribunal or

authority required or empowered to enforce these provisions may, for the

purpose of facilitating their application to the corporation, construe these

provisions in such manner, without aﬀ ecting the substance, as may be

necessary or proper having regard to the matter before the court, tribunal

or authority.

(4) In the 1981 Act as extended and applied to the city of Hosur,--

(a) any reference to the city of Coimbatore and Coimbatore

municipality, shall by reason of this Act, be construed as a reference to the

city of Hosur and Hosur municipality, respectively; and

(b) any reference to the Coimbatore Corporation, Corporation of

Coimbatore and Municipal Corporation of Coimbatore, shall by reason of

this Act, be construed as a reference to the Hosur Corporation, Corporation

of Hosur and Municipal Corporation of Hosur, respectively.

Application of

the provisions

of the 1981

Act to the

corporation.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Transitional

provisions.

9. (1) All property, all rights of whatever kind, used, enjoyed or

possessed by and all interests of whatever kind owned by or vested in, or

held in trust by or for the municipal council with all rights of whatever kind

used, enjoyed or possessed by the said municipal council as well as all

liabilities legally subsisting against the said municipal council, on and from

the date of the commencement of this Act and subject to such directions as

the Government may, by general or special order, give in this behalf, vest

with the corporation.

(2) All arrears of taxes or other payments by way of composition for

a tax, or due for expenses or compensation, or otherwise due to the said

municipal council on the date of such commencement may be recovered

as if they had accrued to the corporation and may be recovered as if the

said arrears or payments had become due, under the provisions of this Act.

(3) All taxes, fees and duties, which immediately before the date

of the commencement of this Act were being levied by the said municipal

council shall be deemed to have been levied by the corporation under the

provisions of this Act and shall continue to be in force accordingly until such

taxes, fees and duties are revised, cancelled or superseded by anything

done or any action taken under this Act.

(4) All proceedings taken by, or against, the municipal council

or authority or any person under the District Municipalities Act may be

continued by, or against, the corporation, authority or person as if the said

proceedings had been commenced under the provisions of this Act.

(5) Any action taken under the District Municipalities Act, by any

authority before the date of such commencement shall be deemed to have

been taken by the authority competent to take such action under this Act as

if this Act had been in force.

(6) Notwithstanding anything contained in this Act, every oﬃ cer or

employee who, immediately before the date of the commencement of this

Act, was in the service of the municipality shall, on and from the date of such

commencement be deemed to be an oﬃ cer or employee of the corporation:

Provided that,—

(a) the terms and conditions applicable to such oﬃ cers and employees

consequent on their absorption in the service of the corporation shall not

be less favourable than those applicable to such employees immediately

before the date of such commencement, as regards pay and allowances,

leave, pension, gratuity, provident fund and age of superannuation; and

(b) the service rendered by any such oﬃ cer or other employee under

the municipality upto the date of such commencement shall be deemed

to be service under the corporation and he shall be entitled to count that

service for the purpose of increment, leave, pension, provident fund and

gratuity:

Provided further that any oﬃ cer or other employee serving in the

municipality shall be given an option to be exercised within such time and

in such manner as may be prescribed either to be absorbed in the service

of the corporation or to be transferred to the service referred to in Section

73-A of the District Municipalities Act or to be retrenched from the service

of the municipality on such retrenchment beneﬁ ts as may be prescribed.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(7) Any division of the Hosur municipality into wards, made under this District

Municipalities Act, and in force on the date of the commencement of this Act shall be

deemed to be a division of the corporation until altered.

(8) The electoral roll prepared for the Hosur municipality under the District

Municipalities Act, and in force on the date of the commencement of this Act, shall be

deemed to be the electoral roll for the corporation until a new electoral roll is prepared

and published and the part of the said electoral roll relating to each ward of the

municipality shall be deemed to be the list of the electoral roll for the corresponding

division of the corporation.

10. (1) There shall be appointed by the Government, by notiﬁ cation, a Special

Oﬃ cer to exercise the powers, perform the duties and discharge the functions

of—

(a) the council,

(b) the standing committee,

(d) the wards committee.

(2) The Special Oﬃ cer shall exercise the powers, perform the duties and

discharge the functions, —

(a) of the corporation, until the elected councillors come into

oﬃ ce;

(b) of the standing committee, until a standing committee is appointed

by the corporation; and

Government and such oﬃ cer may, if the Government so direct, receive remuneration

for his services from the municipal fund.

(3) Until a new Special Oﬃ cer is appointed by the Government under sub-

section (1), the Special Oﬃ cer of the municipality functioning immediately before the

date of the commencement of this Act shall be deemed to be the Special Oﬃ cer of the

corporation and he shall exercise the powers and perform the duties and discharge

the functions as those exercised, performed and discharged by the Special Oﬃ cer

appointed under sub-section (1).

(4) The Special Oﬃ cer referred to in sub-section (1) or in sub-section (3)

shall hold oﬃ ce until the day on which the ﬁ rst meeting of the council is held after

ordinary election to the corporation.

11. (1) The Government may make rules for carrying out the purposes of this

Act.

(2) (a) All rules made under this Act shall be published in the Tamil Nadu

Government Gazette and, unless they are expressed to come into force on a

particular day, shall come into force on the day on which they are so published.

(b) All notiﬁ cations issued under this Act shall, unless they are expressed

to come into force on a particular day, come into force on the day on which they are

so published.

Power to make

rules.

Appointment

of Special

Oﬃ cer.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(3) Every rule made or notiﬁ cation or order issued under this Act shall as

soon as possible, after it is made or issued, be placed on the table of the Legislative

Assembly, and if, before the expiry of the session in which it is so placed or the next

session, the Assembly makes any modiﬁ cation in any such rule or notiﬁ cation or

order, or the Assembly decides that the rule or notiﬁ cation or order should not be

made or issued, the rule or notiﬁ cation or order shall thereafter have eﬀ ect only in

such modiﬁ ed form or be of no eﬀ ect, as the case may be, so, however, that any

such modiﬁ cation or annulment shall be without prejudice to the validity of anything

previously done under that rule or notiﬁ cation or order.

12. If any diﬃ culty arises in giving eﬀ ect to the provisions of this Act, the

Government may, by an order published in the Tamil Nadu Government Gazette,

make such provisions not inconsistent with the provisions of this Act as appear to

them to be necessary or expedient for removing the diﬃ culty:

Provided that no such order shall be made after the expiry of two years from

the date of the commencement of this Act.

(By order of the Governor)

S.S. POOVALINGAM,

Secretary to Government,

Law Department.

Power to

remove

diﬃ culties.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

An Act to provide for the establishment of a Municipal

Corporation for the city of Nagercoil.

Bඍ it enacted by the Legislative Assembly of the State of

Tamil Nadu in the Seventieth Year of the Republic of India as follows:—

1. (1) This Act may be called the Nagercoil City Municipal Corporation

Act, 2019.

Short title,

extent and

commencement.

(2) It extends to the city of Nagercoil.

(3) It shall come into force on such date as the Government may,

by notiﬁ cation, appoint.

2. (1) In this Act, unless the context otherwise requires,—

Deﬁ nitions.

(a) “city of Nagercoil” or “city” means the local area comprised

in the Nagercoil municipality and includes any local area which, after the

date of the commencement of this Act, is included in the city but does not

include any local area which, after such date of the commencement of

this Act, is excluded from the city;

(b) “corporation” means the municipal corporation of Nagercoil

constituted under section 3;

Nagercoil;

(d) “date of the commencement of this Act” means the date

speciﬁ ed under sub-section (3) of Section 1;

(e) “Government” means the State Government;

(f) “municipal council” means the municipal council of Nagercoil

municipality;

(g) “municipality” means the Nagercoil municipality;

(h) “Scheduled Castes” and “Scheduled Tribes” shall have the

meanings, respectively, assigned to them in clauses (24) and (25) of Article

366 of the Constitution.

Tamil Nadu

Act 25 of 1981.

(2) All words and expressions used in this Act and not deﬁ ned but

deﬁ ned in the Coimbatore City Municipal Corporation Act, 1981 (hereinafter

referred to as the 1981 Act), shall have the meanings, respectively, assigned

to them in the 1981 Act.

3. (1) With eﬀ ect on and from the date of the commencement of this

Act, the local area included in the Nagercoil municipality shall constitute

the city of Nagercoil for the purposes of this Act and from such date of

the commencement of this Act, a municipal corporation shall be deemed

to have been established for the said city by the name of Nagercoil City

Municipal Corporation:

Establishment

of municipal

corporation

for the city of

Nagercoil.

The following Act of the Tamil Nadu Legislative Assembly received the assent

of the Governor on the 20th February 2019 and is hereby published for

general information:—

ACT No. 11 of 2019.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Provided that the Government may, from time to time, after

consultation with the corporation, by notiﬁ cation, alter the limits of the city

constituted under this sub-section so as to include therein or to exclude

therefrom the areas speciﬁ ed in the notiﬁ cation:

Provided further that the power to issue a notiﬁ cation under this

sub-section shall be subject to previous publication.

(2) The corporation shall, by the said name, be a body corporate,

having perpetual succession and a common seal with power

to acquire, hold and dispose of property and to enter into contracts

and may by its corporate name, sue and be sued.

(3) The Nagercoil municipality, functioning immediately before

the date of the commencement of this Act, shall be deemed

to have been abolished from such date of the commencement

of this Act.

Municipal

authorities.

4. The municipal authorities charged with carrying out the provisions

of this Act shall be,—

(1) a Mayor;

(2) a council;

(3) a standing committee;

(4) a wards committee; and

(5) a commissioner.

Constitution of

council.

5. (1) Save as otherwise provided in sub-section (2), the council shall

consist of such number of councillors elected in the manner laid down in

this Act as may be ﬁ xed by the Government, by notiﬁ cation, from time to

time, so, however, that the total number of councillors of the council shall

not exceed seventy-two at any time.

(2) The following persons shall also be represented in the council,

namely:—

(a) the members of the House of the People representing

constituencies which comprise wholly or partly the area of the corporation

and the members of the Council of States registered as electors within the

area of the corporation;

(b) all the Members of the Tamil Nadu Legislative Assembly

representing constituencies which comprise wholly or partly the area of the

corporation.

(3) The persons referred to in sub-section (2) shall be entitled

to take part in the proceedings but shall not have the right to vote in the

meetings of the council.

(4) Seats shall be reserved for the persons belonging to the Scheduled

Castes and the Scheduled Tribes in the council and the number of seats

so reserved shall bear, as nearly as may be, the same proportion to the

total number of seats to be ﬁ lled by direct election in the council as the

population of the Scheduled Castes in the city or of the Scheduled Tribes

in the city bears to the total population of the city.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(5) Seats shall be reserved for women belonging to the Scheduled

Castes and the Scheduled Tribes, from among the seats reserved for the

persons belonging to the Scheduled Castes and the Scheduled Tribes,

which shall not be less than ﬁ fty per cent of the total number of seats

reserved for the persons belonging to the Scheduled Castes and the

Scheduled Tribes.

(6) Seats shall be reserved for women in the council and the number

of seats reserved for women shall not be less than ﬁ fty per cent including

the number of seats reserved for women belonging to the Scheduled

Castes and Scheduled Tribes of the total number of seats in the council.

(7) The reservation of seats under sub-sections (4) and (5) shall cease

to have eﬀ ect on the expiry of the period speciﬁ ed in Article 334 of the

Constitution.

6. (1) The corporation, unless sooner dissolved, shall continue for

ﬁ ve years from the date appointed for its ﬁ rst meeting after each ordinary

election and no longer and the said period of ﬁ ve years shall operate as a

dissolution of the corporation.

Duration of

corporation.

(2) An election to constitute the corporation shall be completed,—

(a) before the expiry of its duration speciﬁ ed in sub-section (1); or

(b) before the expiration of a period of six months from the date

of its dissolution:

Provided that where the remainder of the period for which the dissolved

corporation would have continued, is less than six months, it shall not be

necessary to hold any election, under this sub-section for constituting the

corporation for such period.

Tamil Nadu

Act V of 1920.

7. (1) Subject to the provisions of sub-sections (2) and (3), the

Tamil Nadu District Municipalities Act, 1920 (hereinafter referred to as the

“District Municipalities Act”) shall, with eﬀ ect on and from the date of the

commencement of this Act, cease to apply to the local area comprised

within the city of Nagercoil.

Tamil Nadu District

Municipalities Act,

1920 not to apply.

(2) Such cessor shall not aﬀ ect,—

(a) the previous operation of the District Municipalities Act in

respect of the local area comprised within the city of Nagercoil;

(b) any penalty, forfeiture or punishment incurred in respect of

any oﬀ ence committed against the District Municipalities Act; or