No. 258]

CHENNAI, MONDAY, JUNE 17, 2019

Aani 2, Vikari, 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. 3.20 Paise.

Part IV—Section 2

Tamil Nadu Acts and Ordinances

[ 95 ]

258-Ex-IV-2

The following Ordinance which was promulgated by the Governor on the 9th March

2019 is hereby published for general information:—

TAMIL NADU ORDINANCE No. 2 OF 2019.

An Ordinance to provide for the establishment of a Municipal Corporation

for the city of Avadi.

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 Avadi City Municipal Corporation

Ordinance, 2019.

(2) It extends to the city of Avadi.

Short title,

extent and

commence

ment.

(3) It shall come into force at once.

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

Definitions.

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

municipality and includes any local area which, after the date of the commencement of

this Ordinance, is included in the city but does not include any local area which, after

such date of the commencement of this Ordinance, is excluded from the city;

(b) “corporation” means the municipal corporation of Avadi constituted

under section 3;

(d) “Government” means the State Government;

(e) “municipal council” means the municipal council of Avadi municipality;

(f) “municipality” means the Avadi municipality;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(g) “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 Ordinance and not defined but

defined 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.

Establishment

of municipal

corporation

for the city of

Avadi.

3. (1) With effect on and from the date of the commencement of this Ordinance,

the local area included in the Avadi municipality shall constitute the city of Avadi for

the purposes of this Ordinance and from such date of the commencement of this

Ordinance, a municipal corporation shall be deemed to have been established for the

said city by the name of Avadi City Municipal Corporation:

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

the corporation, by notification, alter the limits of the city constituted under this sub-

section so as to include therein or to exclude therefrom the areas specified in the

notification:

Provided further that the power to issue a notification 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 Avadi municipality, functioning immediately before the date of the

commencement of this Ordinance, shall be deemed to have been abolished from such

date of the commencement of this Ordinance.

Municipal

authorities.

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

Ordinance 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 Ordinance as may

be fixed by the Government, by notification, 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

filled 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 fifty 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 fifty 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 effect on the expiry of the period specified in Article 334 of the Constitution.

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

from the date appointed for its first meeting after each ordinary election and no longer

and the said period of five 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 specified 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 effect on and from the date of the commencement of this Ordinance,

cease to apply to the local area comprised within the city of Avadi.

Tamil Nadu

District

Municipalities

Act, 1920 not

to apply.

(2) Such cessor shall not affect,—

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

the local area comprised within the city of Avadi;

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

offence committed against the District Municipalities Act; or

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

be imposed as if this Ordinance had not been passed.

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

notifications, 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 Ordinance shall, so far as they are not inconsistent with the provisions of this

Ordinance, continue to be in force in the local area comprised within the city of Avadi

until they are replaced by the appointments, notifications, notices, rules, bye-laws,

regulations, orders, directions, licences, permissions, schemes, forms and powers to

be made or issued or conferred under this Ordinance.

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 Ordinance had formed part of the 1981 Act.

Application of

the provisions

of the 1981

Act to the

corporation.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(2) For the purpose of facilitating the application of the provisions of the 1981

Act to the corporation, the Government may, by notification, make such adaptations

and modifications 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 modifications so made.

(3) Notwithstanding that no provision or insufficient 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 affecting 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 Avadi,—

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

shall by reason of this Ordinance, be construed as a reference to the city of Avadi and

Avadi municipality, respectively; and

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

Coimbatore and Municipal Corporation of Coimbatore, shall by reason of this

Ordinance, be construed as a reference to the Avadi Corporation, Corporation of Avadi

and Municipal Corporation of Avadi, respectively.

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 Ordinance 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 Ordinance.

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

commencement of this Ordinance were being levied by the said municipal council

shall be deemed to have been levied by the corporation under the provisions of this

Ordinance 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 Ordinance.

(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 Ordinance.

(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 Ordinance as if this Ordinance had

been in force.

(6) Notwithstanding anything contained in this Ordinance, every officer or

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

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

be deemed to be an officer or employee of the corporation:

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Provided that—

(a) the terms and conditions applicable to such officers 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 officer 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 officer 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

benefits as may be prescribed.

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

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

shall be deemed to be a division of the corporation until altered.

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

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

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 notification, a Special

Officer to exercise the powers, perform the duties and discharge the functions of—

Appointment of

Special

Officer.

(a) the council,

(b) the standing committee,

(d) the wards committee.

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

discharge the functions,—

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

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

the corporation; and

Government and such officer may, if the Government so direct, receive remuneration

for his services from the municipal fund.

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

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

the date of the commencement of this Ordinance shall be deemed to be the Special

Officer 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

Officer appointed under sub-section (1).

(4) The Special Officer referred to in sub-section (1) or in sub-section (3) shall

hold office until the day on which the first meeting of the council is held after ordinary

election to the corporation.

100

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Power to make

rules.

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

Ordinance.

(2) (a) All rules made under this Ordinance 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 notifications issued under this Ordinance 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.

(3) Every rule made or notification or order issued under this Ordinance 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 modification in any such rule or notification or order,

or the Assembly decides that the rule or notification or order should not be made or

issued, the rule or notification or order shall thereafter have effect only in such modified

form or be of no effect, as the case may be, so, however, that any such modification or

annulment shall be without prejudice to the validity of anything previously done under

that rule or notification or order.

Power to

remove

difficulties.

12. If any difficulty arises in giving effect to the provisions of this Ordinance, the

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

such provisions not inconsistent with the provisions of this Ordinance as appear to

them to be necessary or expedient for removing the difficulty:

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

the date of the commencement of this Ordinance.

9th March 2019.

BANWARILAL PUROHIT,

Governor of Tamil Nadu.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

101

EXPLANATORY STATEMENT.

Considering the increase in population, growth in annual income and the level of the civic services to be

provided towards fulfillment of the basic needs of the growing population of Avadi Special Grade Municipality

and for improving the standard of living of the people in the said Municipality, the Government have decided

to upgrade the said Municipality into Municipal Corporation.

2. The Government have, therefore, decided to undertake a legislation adapting the provisions of the

Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981), with such modifications as

are necessary.

3. 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

258-Ex-IV-2—1 258-Ex-IV-2—1a 258-Ex-IV-2—2 258-Ex-IV-2—2a