No. 269]

CHENNAI, SATURDAY, JUNE 22, 2019

Aani 7, 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

[ 103]

269-Ex-IV-2—1

CONTENTS

Pages.

ORDINANCES:

No. 3 of 2019—The Tamil Nadu Panchayats (Third Amendment) Ordinance, 2019

104-106

No. 4 of 2019—The Tamil Nadu Municipal Laws (Third Amendment) Ordinance, 2019 ..

107-110

104

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

The following Ordinance which was promulgated by the Governor on the

22nd June 2019 is hereby published for general information:—

TAMIL NADU ORDINANCE No. 3 OF 2019.

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, 2019.

Short title and

commence-

ment.

(2) It shall come into force at once.

Amendment of

section 261-

2. In section 261-A of the Tamil Nadu Panchayats Act, 1994, for the

expression “upto the 30th day of June 2019”, the expression “upto the

31st day of December 2019” shall be substituted.

Tamil Nadu Act 21

of 1994.

22nd June 2019.

BANWARILAL PUROHIT,

Governor of Tamil Nadu.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

105

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 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 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 direction of the High Court, Madras, Special Officers were

appointed to the village panchayats, panchayat unions and district panchayats, from time to time,

and the term of office of the said Special Officers is due to expire on the 30th June 2019.

2. Further, in a Writ Appeal No.1268/2016 in W.P. No. 33984/2016 filed by the Tamil Nadu

State Election Commission, the High Court of Madras on 04-09-2017 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 the meantime, 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 and the same is also pending.

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

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. Again another Writ Petition (C) No.1267/2018 has also been filed before the Supreme

Court praying for conducting the Local Bodies Elections. The said Civil Appeal and Writ Petitions

are also pending.

4. Taking into consideration of the pendency of Civil Appeals for delimitation of territorial

wards of Local Bodies based on the population figures of 2011 census, the Government

have constituted Delimitation Commission under the Tamil Nadu Delimitation Commission

Act, 2017 (Tamil Nadu Act 23 of 2017) for undertaking delimitation of territorial wards of Rural and

Urban Local Bodies based on the population figures of last preceding census, namely, 2011 census

as required under Articles 243(f) and 243P(g) of the Constitution. Based on the recommendations

of Tamil Nadu Delimitation Commission, the territorial wards of Rural Local Bodies have been

notified in the District Gazette, dated the 14th December 2018 and the reservation of seats for the

person belonging to the Scheduled Castes, Scheduled Tribes and women in general and women

belonging to the Scheduled Castes and Scheduled Tribes in Rural Local Bodies has also been

notified in the Tamil Nadu Government Gazette and the District Gazette, dated the 20th May 2019

and the 21st May 2019, respectively.

5. The Tamil Nadu State Election Commission has stated that in view of Parliamentary

Elections, as the Model Code of Conduct was in force from March, 2019, the Returning

Officer / District Collectors have expressed their inability to take up the exercise of preparatory

work for conducting the Local Bodies election simultaneously with Parliamentary Election work.

The Electoral Roll prepared by the Election Commission of India on Legislative Assembly wise

has to be converted into ward wise to the identified Polling Stations. The hard copy as well as the

soft copies of Electoral Roll have been obtained with due approval of the Election Commission of

India only recently and the work is in progress. The Election Commission of India has given their

approval for the soft copies of the Electoral Roll only during April, 2019 and this Electoral Roll has

to be converted into ward wise for which the National Informatics Centre (NIC) has sought for 95

days time to complete the task. Therefore, before preparing the Local Body Electoral Roll, it is not

possible for announcing the date of Local Body Elections.

269-Ex-IV-2—1a

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

107

The following Ordinance which was promulgated by the Governor on the

22nd June 2019 is hereby published for general information:—

TAMIL NADU ORDINANCE No. 4 OF 2019.

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

(Third Amendment) Ordinance, 2019.

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 30th day of June 2019”, the expression “upto the

31st day of December 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 30th day of June 2019”, the expression “upto the

31st day of December 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 30th day of June 2019”, the expression “upto

the 31st day of December 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 30th day of June 2019”, the expression “upto

the 31st day of December 2019” shall be substituted.

Amendment of

section

511-AAA.

108

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

PART – VI.

AMENDMENT TO THE TIRUCHIRAPPALLI CITY MUNICIPAL

CORPORATION ACT, 1994.

Amendment of

section 10-A.

6. In section 10-A of the Tiruchirappalli City Municipal Corporation Act,

1994, for the expression “upto the 30th day of June 2019”, the expression “upto

the 31st day of December 2019” shall be substituted.

Tamil Nadu Act

27 of 1994.

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 30th day of June 2019”, the expression “upto the

31st day of December 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 30th day of June 2019”, the expression “upto

the 31st day of December 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 30th day of June 2019”, the expression “upto the

31st day of December 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 30th day of June 2019”, the expression “upto the

31st day of December 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 30th day of June 2019”, the expression “upto the

31st day of December 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 30th day of June 2019”, the expression “upto the

31st day of December 2019” shall be substituted.

Tamil Nadu Act

27 of 2008.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

109

PART – XIII.

AMENDMENT TO THE THANJAVUR CITY MUNICIPAL CORPORATION

ACT, 2013.

Tamil Nadu Act

24 of 2013.

13. In section 9-A of the Thanjavur City Municipal Corporation Act, 2013,

for the expression “upto the 30th day of June 2019”, the expression “upto the

31st day of December 2019” shall be substituted.

Amendment of

section 9-A.

PART – XIV.

AMENDMENT TO THE DINDIGUL CITY MUNICIPAL CORPORATION

ACT, 2013.

Tamil Nadu Act

25 of 2013.

14. In section 9-A of the Dindigul City Municipal Corporation Act, 2013,

for the expression “upto the 30th day of June 2019”, the expression “upto the

31st day of December 2019” shall be substituted.

Amendment of

section 9-A.

PART – XV.

AMENDMENT TO THE HOSUR CITY MUNICIPAL CORPORATION

ACT, 2019.

Tamil Nadu Act

10 of 2019.

15. In section 10 of the Hosur City Municipal Corporation Act, 2019, in

sub-section (4), the following expression shall be added at the end, namely:—

Amendment of

section 10.

“or upto the 31st day of December 2019, whichever is earlier.”.

PART – XVI.

AMENDMENT TO THE NAGERCOIL CITY MUNICIPAL CORPORATION

ACT, 2019.

Tamil Nadu Act

11 of 2019.

16. In section 10 of the Nagercoil City Municipal Corporation Act, 2019, in

sub-section (4), the following expression shall be added at the end, namely:—

Amendment of

section 10.

“or upto the 31st day of December 2019, whichever is earlier.”.

PART – XVII.

AMENDMENT TO THE AVADI CITY MUNICIPAL CORPORATION

ORDINANCE, 2019.

Tamil Nadu

Ordinance 2

of 2019.

17. In section 10 of the Avadi City Municipal Corporation Ordinance, 2019,

in sub-section (4), the following expression shall be added at the end, namely:—

Amendment of

section 10.

“or upto the 31st day of December 2019, whichever is earlier.”.

22nd June 2019.

BANWARILAL PUROHIT,

Governor of Tamil Nadu.

110

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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 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 direction of the High Court, Madras,

Special Officers were appointed to the Town Panchayats, Municipalities and Municipal Corporations, from time to

time and the term of office of the said Special Officers is due to expire on the 30th June 2019.

2. Further, in a Writ Appeal No.1268/2016 in W.P. No.33984/2016 filed by the Tamil Nadu State Election

Commission, the High Court of Madras on 04.09.2017 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 the meantime, 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 and the same

is also pending.

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 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. Again another Writ Petition (C) No.1267/2018 has also been filed before the Supreme Court

praying for conducting the Local Bodies Elections. The said Civil Appeal and Writ Petitions are also pending.

4. Taking into consideration of the pendency of Civil Appeals for delimitation of territorial wards of Local Bodies

based on the population figures of 2011 census, the Government have constituted Delimitation Commission under

the Tamil Nadu Delimitation Commission Act, 2017 (Tamil Nadu Act 23 of 2017) for undertaking delimitation of

territorial wards of Rural and Urban Local Bodies based on the population figures of last preceding census, namely,

2011 census as required under Articles 243(f) and 243P(g) of the Constitution. Based on the recommendations of

Tamil Nadu Delimitation Commission, the territorial wards of Urban Local Bodies have been notified in the Tamil Nadu

Government Gazette and District Gazette, as the case may be, dated the 14th December 2018 and the reservation

of seats for the person belonging to the Scheduled Castes, Scheduled Tribes and women in general and women

belonging to the Scheduled Castes and Scheduled Tribes in Urban Local Bodies has also been notified in the

Tamil Nadu Government Gazette and the District Gazette, dated the 20th May 2019 and 24th May 2019 respectively.

5. The Tamil Nadu State Election Commission has stated that in view of Parliamentary Elections, as the Model

Code of Conduct was in force from March 2019, the Returning Officer / District Collectors have expressed their

inability to take up the exercise of preparatory work for conducting the Local Bodies election simultaneously with

Parliamentary Election work. The Electoral Roll prepared by the Election Commission of India on Legislative Assembly

wise has to be converted into ward wise to the identified Polling Stations. The hard copy as well as the soft copies of

Electoral Roll have been obtained with due approval of the Election Commission of India only recently and the work

is in progress. The Election Commission of India has given their approval for the soft copies of the Electoral Roll only

during April, 2019 and this Electoral Roll has to be converted into ward wise for which the National Informatics Centre

(NIC) has sought for 95 days time to complete the task. Therefore, before preparing the Local Body Electoral Roll, it

is not possible for announcing the date of Local Body Elections.

6. In these circumstances, the term of office of the Special Officers expires on 30th June 2019. 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 31st December 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.

7. 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