Bills-28 to 32 of 2019

© GOVERNMENT OF TAMIL NADU

2019

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

[R. Dis. No. 197/2009.

[Price: Rs. 10.40 Paise.

No. 303] cHENNAI, FRIDAY, jULY 19, 2019 Aadi 3, Vikari, Thiruvalluvar Aandu-2050

Part IV—Section 1

Tamil Nadu Bills

CONTENTS

Pages.

BILLS:

No. 28 of 2019—The Avadi city Municipal corporation Act, 2019.. .. .. .. 222-230 No. 29 of 2019—The Tamil Nadu Municipal Laws (Third Amendment) Act, 2019 .. 231-236 No. 30 of 2019—The Tamil Nadu Municipal Laws (Fourth Amendment) Act, 2019 .. .. 237-238 No. 31 of 2019—The Tamil Nadu Panchayats (Third Amendment) Act, 2019 .. .. 239-242 No. 32 of 2019—The Tamil Nadu Land Acquisition Laws (Revival of Operation,

Amendment and Validation) Act, 2019 .. .. .. .. .. 243-246

[ 221 ]

303-Ex-IV-1222 TAMIL NADU GOVERNMENT GAzETTE ExTRAORDINARY

BILLS INTRODUCED IN THE LEGISLATIVE ASSEMBLY OF THE

STATE OF TAMIL NADU

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill which was introduced in the Legislative Assembly of the State of Tamil Nadu on 19th july, 2019 is published together with Statement of Objects and Reasons for general information:—

L.A. Bill No. 28 of 2019

A Bill to provide for the establishment of a Municipal Corporation for the

City of Avadi.

Be 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,

1. (1) This Act may be called the Avadi city Municipal corporation Act, 2019.

extent and commence- ment.

(2) It extends to the city of Avadi.

(3) It shall be deemed to have come into force on the 17th day of june 2019.

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

(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 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 Avadi constituted

under section 3;

(c) "council" means the council of municipal corporation of Avadi;

(d) "Government" means the State Government;

(e) "municipal council" means the municipal council of Avadi municipality;

(f) "municipality" means the Avadi municipality;

(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 Act and not defined but defined in the Tamil Nadu Act 25 of 1981.

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 effect on and from the date of the commencement of this Act, the local

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

Establishment of municipal corporation for the city of Avadi.

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 Act, shall be deemed to have been abolished from such date of

the commencement of this Act.

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

authorities.

be,—

(1) a Mayor;

(2) a council;

(3) a standing committee;

(4) a wards committee; and

(5) a commissioner.

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

council.

such number of councillors elected in the manner laid down in this Act 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.

(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.

Duration of

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

corporation. 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.

(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.

7. (1) Subject to the provisions of sub-sections (2) and (3), the Tamil Nadu District Tamil Nadu Act V of 1920.

Municipalities Act, 1920 (hereinafter referred to as the "District Municipalities Act") shall,

with effect on and from the date of the commencement of this Act, 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

(c) any investigation, legal proceedings or remedy in respect of 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,

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 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 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 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.

Application of the provisions of the 1981 Act to the corporation.

(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 Act, 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 Act, be construed as a

reference to the Avadi corporation, corporation of Avadi and Municipal corporation of

Avadi, respectively.

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

provisions.

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 officer 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

officer or employee of the corporation:

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 Act 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 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 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,

(c) the commissioner, and

(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

(c) of the commissioner, until a commissioner is appointed by the

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 Act 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.

Power to make

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

rules.

(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 notifications 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.

(3) Every rule made or notification 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 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 12. If any difficulty arises in giving effect to the provisions of this Act, the Government

may, by an order published in the Tamil Nadu Government Gazette, make such provisions remove difficulties.

not inconsistent with the provisions of this Act 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 Act.

Tamil Nadu

13. (1) The Avadi city Municipal corporation Ordinance, 2019 is hereby repealed. Repeal and saving.

(2) Notwithstanding such repeal, anything done, any action taken or any

Ordinance 2 of 2019.

direction given under the said Ordinance, shall be deemed to have been done, taken or

given under this Act.

STATEMENT OF OBJECTS AND REASONS.

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 decided to upgrade the said Municipality into Municipal corporation.

2. The Government, 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. Accordingly, the Governor has promulgated the Avadi city Municipal corporation Ordinance, 2019 (Tamil Nadu Ordinance 2 of 2019) on the 9th March 2019 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 17th june 2019.

3. The Bill seeks to replace the said Ordinance.

S.P. VELUMANI,

Minister for Municipal Administration and

Rural Development, Implementation of Special

Programme.

MEMORANDUM REGARDING DELEGATED LEGISLATION.

Clauses 3, 5, 8, 9, 10, 11 and 12 of the Bill authorise the Government to issue notifications or orders or to make rules, as the case may be, to carry out the purposes specified therein.

2. The powers delegated are normal and not of an exceptional character.

S.P. VELUMANI,

Minister for Municipal Administration and

Rural Development, Implementation of Special

Programme.

K. SRINIVASAN, Secretary.

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill which was introduced in the Legislative Assembly of the State of Tamil Nadu on 19th july, 2019 is published together with Statement of Objects and Reasons for general information:—

L.A. Bill No. 29 of 2019

A Bill further to amend the laws relating to the Municipal Corporations and

Municipalities in the State of Tamil Nadu.

Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Seventieth Year of the Republic of India as follows:—

PART – I.

PRELIMINARY.

1. (1) This Act may be called the Tamil Nadu Municipal Laws (Third Amendment) Act, 2019.

Short title and commence- ment.

(2) It shall be deemed to have come into force on the 22nd day of june 2019.

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

Amendment of section 414-B. 2019" shall be substituted.

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"

Amendment of section 375-B.

shall be substituted.

PART – IV.

AMENDMENT TO THE MADURAI cITY MUNIcIPAL cORPORATION AcT, 1971.

4. In section 510-AAA of the Madurai city Municipal corporation Act, 1971, for the Tamil Nadu Act 15 of 1971. expression "upto the 30th day of june 2019", the expression "upto the 31st day of December

Amendment of section 510- AAA. 2019" shall be substituted.

PART – V.

AMENDMENT TO THE cOIMBATORE cITY MUNIcIPAL cORPORATION AcT, 1981.

5. In section 511-AAA of the coimbatore city Municipal corporation Act, 1981, for Tamil Nadu Act 25 of 1981. the expression "upto the 30th day of june 2019", the expression "upto the 31st day of

Amendment of section 511- AAA.

December 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 30th day of june 2019", the expression "upto the 31st day of December 2019" shall be substituted.

PART – VII.

AMENDMENT TO THE TIRUNELVELI cITY MUNIcIPAL cORPORATION AcT, 1994.

Tamil Nadu Act 28 of 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.

PART – VIII.

AMENDMENT TO THE SALEM cITY MUNIcIPAL cORPORATION AcT, 1994.

Tamil Nadu Act 29 of 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.

PART – IX.

AMENDMENT TO THE TIRUPPUR cITY MUNIcIPAL cORPORATION AcT, 2008.

Tamil Nadu Act 7 of 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.

PART – X.

AMENDMENT TO THE ERODE cITY MUNIcIPAL cORPORATION AcT, 2008.

Tamil Nadu Act 8 of 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.

PART – XI.

AMENDMENT TO THE VELLORE cITY MUNIcIPAL cORPORATION AcT, 2008.

Amendment of section 9-A.

Tamil Nadu Act 26 of 2008.

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.

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 30th day of june 2019", the expression "upto the 31st day of December 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 30th day of june 2019", the expression "upto the 31st day of December 2019" shall be substituted.

PART – XIV.

AMENDMENT TO THE DINDIGUL cITY MUNIcIPAL cORPORATION AcT, 2013.

Tamil Nadu Act 25 of 2013.

Amendment of section 9-A.

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.

PART – XV.

AMENDMENT TO THE HOSUR cITY MUNIcIPAL cORPORATION AcT, 2019.

15. In section 10 of the Hosur city Municipal corporation Act, 2019, in Amendment of section 10.

Tamil Nadu Act 10 of 2019. sub-section (4), the following expression shall be added at the end, namely:—

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

PART – XVI.

AMENDMENT TO THE NAGERcOIL cITY MUNIcIPAL cORPORATION AcT, 2019.

16. In section 10 of the Nagercoil city Municipal corporation Act, 2019, in Tamil Nadu Act 11 of 2019.

Amendment of section 10.

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

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

PART – XVII.

AMENDMENT TO THE AVADI cITY MUNIcIPAL cORPORATION AcT, 2019.

17. In section 10 of the Avadi city Municipal corporation Act, 2019, in Amendment of section 10.

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

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

Tamil Nadu

Repeal and 18. (1) The Tamil Nadu Municipal Laws (Third Amendment) Ordinance, 2019

saving.

is hereby repealed.

Ordinance 4 of 2019.

(2) Notwithstanding such repeal, anything done or any action taken under the Tamil Nadu Act IV of 1919.

chennai city Municipal corporation Act, 1919, the Tamil Nadu District Municipalities Act, 1920, the Madurai city Municipal corporation Act, 1971, the coimbatore city

Tamil Nadu Act V of 1920.

Municipal corporation Act, 1981,the Tiruchirappalli city Municipal corporation Act, Tamil Nadu Act 15 of 1971. 1994, the Tirunelveli city Municipal corporation Act, 1994, the Salem city Municipal corporation Act, 1994, the Tiruppur city Municipal corporation Act, 2008, the

Tamil Nadu Act 25 of 1981.

Erode city Municipal corporation Act, 2008, the Vellore city Municipal corporation Tamil Nadu Act 27 of 1994.

Act, 2008, the Thoothukudi city Municipal corporation Act, 2008, the Thanjavur city Municipal corporation Act, 2013, the Dindigul city Municipal corporation Act,

Tamil Nadu Act 28 of 1994. 2013, the Hosur city Municipal corporation Act, 2019, the Nagercoil city Municipal Tamil Nadu Act 29 of 1994.

corporation Act, 2019 and the Avadi city Municipal corporation Ordinance, 2019,

Tamil Nadu Act as amended by the said Ordinance, shall be deemed to have been done or taken

7 of 2008.

under the respective Acts and Ordinance, as amended by this Act.

Tamil Nadu Act

8 of 2008.

Tamil Nadu Act 26 of 2008.

Tamil Nadu Act 27 of 2008.

Tamil Nadu Act 24 of 2013.

Tamil Nadu Act 25 of 2013.

Tamil Nadu Act 10 of 2019.

Tamil Nadu Act 11 of 2019.

Tamil Nadu

Ordinance 2 of 2019.

STATEMENT OF OBJECTS AND REASONS.

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 was due to expire on the 30th June 2019.

2. Further, in 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 to announce the date of Local Body Elections.

6. In these circumstances, the term of office of the Special Officers was due to expire on 30th June 2019.

The Government, 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. Accordingly, the Governor has promulgated the Tamil Nadu Municipal Laws (Third Amendment) Ordinance, 2019 (Tamil Nadu Ordinance 4 of 2019) on the 22nd june 2019 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 22nd june 2019.

7. The Bill seeks to replace the said Ordinance.

S.P. VELUMANI,

Minister for Municipal Administration and

Rural Development, Implementation of

Special Programme.

K. SRINIVASAN, Secretary.

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill which was introduced in the Legislative Assembly of the State of Tamil Nadu on 19th july, 2019 is published together with Statement of Objects and Reasons for general information:—

L.A. Bill No. 30 of 2019

A Bill further to amend the laws relating to the Chennai City Municipal

Corporation and Municipalities in the State of Tamil Nadu.

Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Seventieth Year of the Republic of India as follows:—

PART-I.

PRELIMINARY.

1. (1) This Act may be called the Tamil Nadu Municipal Laws (Fourth Amendment) Act, 2019.

Short title and commence- ment.

(2) It shall come into force on such date as the State Government may, by notification, appoint.

PART-II.

AMENDMENTS TO THE cHENNAI cITY MUNIcIPAL cORPORATION AcT, 1919.

Amendment of section 52.

Tamil Nadu Act IV of 1919.

2. In the chennai city Municipal corporation Act, 1919 (hereinafter in this Part referred to as the 1919 Act), in section 52, in sub-section (2) , for clause (a), the following clause shall be substituted, namely:—

"(a) of unsound mind;".

Amendment of section 53.

3. In the 1919 Act, in section 53, in sub-section (1), for clause (b), the following clause shall be substituted, namely:—

"(a) becomes of unsound mind;".

PART – III.

AMENDMENTS TO THE TAMIL NADU DISTRIcT MUNIcIPALITIES AcT, 1920.

Tamil Nadu

Amendment of section 49.

Act V of 1920.

4. In the Tamil Nadu District Municipalities Act, 1920 (hereinafter in this Part referred to as the 1920 Act), in section 49, in sub-section (2), for clause (a), the following clause shall be substituted, namely:—

"(a) of unsound mind;".

Amendment of section 50.

5. In the 1920 Act, in section 50, in sub-section (1), for clause (b), the following clause shall be substituted, namely:—

"(a) becomes of unsound mind;".

STATEMENT OF OBJECTS AND REASONS.

In Tamil Nadu, three per cent of the populations are differently-abled. Among the differently-abled, there are many people with high educational qualifications and capability of communication skills. However, deaf-mute or leper category of people are disqualified to contest the elections under the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919) and the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) which is not justifiable. Therefore, the Government have decided to amend clause (a) of sub-section (2) of section 52 and clause (b) of sub-section (1) of section 53 of the said Tamil Nadu Act IV of 1919 and clause (a) of sub-section (2) of section 49 and clause (b) of sub-section (1) of section 50 of the said Tamil Nadu Act V of 1920 for the omission of the expression "deaf-mute or a leper".

2. The Bill seeks to give effect to the above said decision.

S.P. VELUMANI,

Minister for Municipal Administration and

Rural Development, Implementation of

Special Programme.

K. SRINIVASAN,

Secretary.

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill which was introduced in the Legislative Assembly of the State of Tamil Nadu on 19th july, 2019 is published together with Statement of Objects and Reasons for general information:—

L.A. Bill No. 31 of 2019

A Bill further to amend the Tamil Nadu Panchayats Act, 1994.

Be 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 Tamil Nadu Panchayats (Third Amendment) Act, 2019.

Short title and commence- ment.

(2) It shall be deemed to have come into force on the

22nd day of june 2019.

Amendment of

section 261-A.

Tamil Nadu Act 21 of 1994.

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

Repeal and saving.

3. (1) The Tamil Nadu Panchayats (Third Amendment) Ordinance, 2019 is hereby repealed.

Ordinance 3 of 2019.

Tamil Nadu Act 21 of 1994.

(2) Notwithstanding such repeal, anything done or any action taken under the Tamil Nadu Panchayats Act, 1994, as amended by the said Ordinance, shall be deemed to have been done or taken under the said Act, as amended by this Act.

STATEMENT OF OBJECTS AND REASONS.

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 was due to expire on the 30th june 2019.

2. Further, in 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.

6. In these circumstances, the term of office of the Special Officers was due to expire on the 30th June 2019.

The Government, 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 31st December 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.

Accordingly, the Governor has promulgated the Tamil Nadu Panchayats (Third Amendment) Ordinance, 2019 (Tamil Nadu Ordinance 3 of 2019) on the 22nd june 2019 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 22nd june 2019.

7. The Bill seeks to replace the said Ordinance.

S.P. VELUMANI, Minister for Municipal Administration and Rural Development, Implementation

of Special Programme.

K. SRINIVASAN, Secretary.

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill which was introduced in the Legislative Assembly of the State of Tamil Nadu on 19th july, 2019 is published together with Statement of Objects and Reasons for general information:—

L.A. Bill No. 32 of 2019

A Bill to revive the operation of the Tamil Nadu Acquisition of Land for Harijan

Welfare Schemes Act, 1978, the Tamil Nadu Acquisition of Land for Industrial

Purposes Act, 1997 and the Tamil Nadu Highways Act, 2001.

BE 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 Tamil Nadu Land Acquisition Laws (Revival of Short title and commencement.

Operation, Amendment and Validation) Act, 2019.

(2) It shall be deemed to have come into force on the 26th day of

September 2013.

PART – I.

2. (1) All the provisions of the Tamil Nadu Acquisition of Land for Harijan Welfare

Tamil Nadu Act 31 of 1978.

Schemes Act, 1978 (hereinafter referred to as the 1978 Act), except the provisions

Revival of operation of Tamil Nadu Act 31 of 1978.

relating to the determination of compensation, shall stand revived with effect on and

from the 26th day of September 2013.

(2) All rules, notifications, notices, orders,directions issued or any other

proceedings initiated under the 1978 Act, except those relating to determination of

compensation, which were in force immediately before the 26th day of September

2013 shall, for all purposes, be deemed to have been revived on and from the 26th day

of September 2013.

(3) The provisions relating to the determination of compensation as specified

in the First Schedule, rehabilitation and resettlement as specified in the Second

Schedule and infrastructure amenities as specified in the Third Schedule to the Right

central Act

to Fair compensation and Transparency in Land Acquisition, Rehabilitation and

30 of 2013.

Resettlement Act, 2013 shall apply to the land acquisition proceedings under the 1978

Act.

central Act

central Act 3. Save as otherwise provided in this Act, the provisions of the Right to Fair

30 of 2013

compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement

30 of 2013 not to apply.

Act, 2013 shall cease to apply to any land which is required for the purpose specified

in sub-section (1) of Section 4 of the 1978 Act and any such land shall be acquired by

the Government only in accordance with the provisions of the 1978 Act.

4. Section 20 of the 1978 Act shall be omitted. Omission of

Section 20 of 1978 Act.

Validation.

5. Notwithstanding anything contained in any judgment, decree or order of any

court, the provisions of the 1978 Act, except the provisions relating to determination of

compensation, shall be deemed to have been in force in all material times during the

period commencing on the 26th day of September 2013 and ending with the date

of publication of this Act in the Tamil Nadu Government Gazette, and anything done

or any action taken under the 1978 Act, except those relating to determination of

compensation shall be deemed to have been validly done or taken under the 1978 Act.

PART – II.

Revival of

6. (1) All the provisions of the Tamil Nadu Acquisition of Land for Industrial Tamil Nadu Act 10 of 1999.

Purposes Act, 1997 (hereinafter referred to as the 1999 Act), except the provisions

relating to the determination of compensation, shall stand revived with effect on and

operation of Tamil Nadu Act 10 of 1999.

from the 26th day of September 2013.

` (2) All rules, notifications, notices, orders, directions issued or any other

proceedings initiated under the 1999 Act, except those relating to determination of

compensation, which were in force immediately before the 26th day of September

2013 shall, for all purposes, be deemed to have been revived on and from the 26th day

of September 2013.

(3) The provisions relating to the determination of compensation as specified

in the First Schedule, rehabilitation and resettlement as specified in the Second

Schedule and infrastructure amenities as specified in the Third Schedule to the Right

central Act to Fair compensation and Transparency in Land Acquisition, Rehabilitation and 30 of 2013.

Resettlement Act, 2013 shall apply to the land acquisition proceedings under the 1999

Act.

central Act

central Act 7. Save as otherwise provided in this Act, the provisions of the Right to Fair

30 of 2013.

compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement

30 of 2013 not to apply.

Act, 2013 shall cease to apply to any land which is required for the purpose specified

in sub-section (1) of Section 3 of the 1999 Act and any such land shall be acquired by

the Government only in accordance with the provisions of the 1999 Act.

Omission of

8. Section 21 of the 1999 Act shall be omitted.

Section 21 of 1999 Act.

Validation. 9. Notwithstanding anything contained in any judgment, decree or order of any

court, the provisions of the 1999 Act, except the provisions relating to determination of

compensation, shall be deemed to have been in force in all material times during the

period commencing on the 26th day of September 2013 and ending with the date

of publication of this Act in the Tamil Nadu Government Gazette, and anything done

or any action taken under the 1999 Act, except those relating to determination of

compensation shall be deemed to have been validly done or taken under the 1999 Act.

PART – III.

Revival of

10. (1) All the provisions of the Tamil Nadu Highways Act, 2001 (hereinafter Tamil Nadu Act 34 of 2002.

referred to as the 2002 Act), except the provisions relating to the determination of

compensation, shall stand revived with effect on and from the 26th day of September

operation of Tamil Nadu Act 34 of 2002.

2013.

(2) All rules, notifications, notices, orders, directions issued or any other

proceedings initiated under the 2002 Act, except those relating to determination of

compensation, which were in force immediately before the 26th day of September

2013 shall, for all purposes, be deemed to have been revived on and from the 26th day

of September 2013.

(3) The provisions relating to the determination of compensation as specified

in the First Schedule, rehabilitation and resettlement as specified in the Second

Schedule and infrastructure amenities as specified in the Third Schedule to the Right

to Fair compensation and Transparency in Land Acquisition, Rehabilitation and central Act

30 of 2013.

Resettlement Act, 2013 shall apply to the land acquisition proceedings under the 2002

Act.

central Act

central Act 11. Save as otherwise provided in this Act, the provisions of the Right to Fair

30 of 2013.

compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement

30 of 2013 not to apply.

Act, 2013 shall cease to apply to any land which is required for the purpose specified

in sub-section (1) of section 15 of the 2002 Act and any such land shall be acquired by

the Government only in accordance with the provisions of the 2002 Act.

12. Section 68 of the 2002 Act shall be omitted. Omission of

section 68 of 2002 Act.

Validation.

13. Notwithstanding anything contained in any judgment, decree or order of any

court, the provisions of the 2002 Act, except the provisions relating to determination

of compensation, shall be deemed to have been in force in all material times during

the period commencing on the 26th day of September 2013 and ending with the date

of publication of this Act in the Tamil Nadu Government Gazette, and anything done

or any action taken under the 2002 Act, except those relating to determination of

compensation shall be deemed to have been validly done or taken under the 2002 Act.

STATEMENT OF OBJECTS AND REASONS

In the Writ Petitions filed against the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Tamil Nadu Amendment) Act, 2014 (Tamil Nadu Act 1 of 2015), the Division Bench of Hon'ble High court of Madras in its order dated 03-07-2019 has held that Article 254(1) of the constitution, by its operation rendered the Tamil Nadu Land Acquisition Acts, namely, the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (Tamil Nadu Act 31 of 1978), the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 (Tamil Nadu Act 10 of 1999) and the Tamil Nadu Highways Act, 2001 (Tamil Nadu Act 34 of 2002) inoperative on the date on which the Right to Fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (central Act 30 of 2013) was made, namely, 27th September 2013. consequently, the High court has held that all the acquisitions made under the said three Tamil Nadu Acts on or after the 27th September 2013 as illegal and quashed them save those lands which have already been put to use and the purpose for which the land was acquired has been accomplished.

2. Under the aforesaid three Tamil Nadu Acts, on and from 26th September 2013, though 23804 hectares of land have been acquired, only 1,373 hectares have been actually put to use. The acquisitions proceedings are in progress in the remaining 22,431 hectares of land. This involves an approximate value of Rs.1,84,778 crores and the projects are capable of generating employment for 1.83 lakh persons. As a result, the State Exchequer would be put to heavy monetary loss besides derailing many developmental projects, causing significant negative impact on the State economy.

3. To tide over the situation, the Government have decided to revive the aforesaid three Tamil Nadu Acts and to apply the provisions relating to the determination of compensation, rehabilitation and resettlement and infrastructure amenities as in the said central Act 30 of 2013 to the land acquisitions made under the Tamil Nadu Acts and to validate the action already taken under the said Acts. Accordingly, the Government have decided to undertake legislation for the above said purpose.

4. The Bill seeks to give effect to the above decision.

R.B. UDHAYAKUMAR Minister for Revenue and Disaster Management.

K. SRINIVASAN, Secretary.

PRINTED AND PUBLISHED BY THE DIREcTOR OF STATIONERY AND PRINTING, cHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU