TAMIL NADU ORDINANCE No. 8 OF 2019 - An Ordinance further to amend the laws relating to the Municipal Corporations and Municipalities in the State of Tamil Nadu.

©

GOVERNMENT OF TAMIL NADU

2019

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

[R. Dis. No. 197/2009.

[Price: Rs. 3.20 Paise.

No. 430] CHENNAI, TUESDAY, NOVEMBER 19, 2019 Karthigai 3, Vikari, Thiruvalluvar Aandu–2050

Part IV—Section 2

Tamil Nadu Acts and Ordinances

The following Ordinance which was promulgated by the Governor on the 19th November 2019 is hereby published for general information:—

TAMIL NADU ORDINANCE No. 8 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 satisfi ed 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.

Short title and 1. (1) This Ordinance may be called the Tamil Nadu Municipal Laws (Fifth

Commence- Amendment) Ordinance, 2019.

ment.

(2) It shall come into force at once.

PART – II.

AMENDMENT TO THE CHENNAI CITY MUNICIPAL CORPORATION

ACT, 1919.

Tamil Nadu Act

Substitution of IV of 1919.

section 28.

2. For section 28 of the Chennai City Municipal Corporation Act, 1919 (hereinafter in this Part referred to as the 1919 Act), the following section shall be substituted, namely:—

[ 231 ]

430-Ex-IV-2232 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY "28. Election of Mayor.— (1) The council shall, at its fi rst meeting after each ordinary election to the council, elect one of its councillors to be the Mayor.

(2) The Mayor shall hold offi ce for a period of fi ve years from the date of his election and he shall continue as such Mayor, provided that in the meantime he does not cease to be a councillor.

(3) Any casual vacancy in the offi ce of the Mayor shall be fi lled by a fresh election and a person elected as Mayor on any such vacancy shall enter upon offi ce forthwith and hold offi ce only so long as the person in whose place he is elected would have been entitled to hold offi ce, if the vacancy had not occurred.

(4) A Mayor shall be deemed to have vacated his offi ce on his becoming disqualifi ed for holding the offi ce or on his removal from offi ce or on the expiry of his term of offi ce or on his otherwise ceasing to be the Mayor.".

Amendment of

.

3. In section 44-AC of the 1919 Act,—

section

44-AC.

(1) in the marginal heading, for the expression "Deputy Mayor", the expression "Mayor or Deputy Mayor" shall be substituted;

(2) in sub-section (1), for the expression "Deputy Mayor", the expression "Mayor or Deputy Mayor" shall be substituted;

(3) in sub-section (12), for the expression "Deputy Mayor", the expression "Mayor or Deputy Mayor, as the case may be" shall be substituted;

(4) in sub-section (13), for the expression "Deputy Mayor", the expression "Mayor or Deputy Mayor" shall be substituted;

(5) in sub-section (14), for the expression "a Deputy Mayor", the expression "a Mayor or a Deputy Mayor" shall be substituted.

Amendment of

section 53.

4. In section 53 of the 1919 Act, in sub-section (1), for the expression "(a) becomes of unsound mind", the following expression shall be substituted, namely:—

"(b) becomes of unsound mind;".

Amendment of

section 59.

5. In section 59 of the 1919 Act, in sub-section (2), in clause (c), for the expression "councillor or Mayor", the expression "councillor" shall be substituted.

PART – III.

AMENDMENT TO THE TAMIL NADU DISTRICT MUNICIPALITIES

ACT, 1920.

Amendment of

Tamil Nadu section 3-T.

Act V of

1920. 6. In section 3-T of the Tamil Nadu District Municipalities Act, 1920 (hereinafter in this Part referred to as the 1920 Act), in sub-section (1), the expression "(exclusive of its chairman)" shall be omitted.

Amendment of

7. In section 7 of the 1920 Act, in sub-section (1), the expression "(exclusive section 7. of its chairman)" shall be omitted.

Substitution of

8. For section 7-A of the 1920 Act, the following section shall be substituted, section 7-A. namely:—

"7-A. Election of chairman.— (1) The council shall, at its fi rst meeting after each ordinary election to the council, elect one of its councillors to be its chairman.

(2) The chairman shall hold offi ce for a period of fi ve years from the date of his election and he shall continue as such chairman, provided that in the meantime he does not cease to be a councillor.

(3) Any casual vacancy in the offi ce of the chairman shall be fi lled by a fresh election and a person elected as chairman on any such vacancy shall enter upon offi ce forthwith and hold offi ce only so long as the person in whose place he is elected would have been entitled to hold offi ce, if the vacancy had not occurred.

(4) A chairman shall be deemed to have vacated his offi ce on his becoming disqualifi ed for holding the offi ce or on his removal from offi ce or on the expiry of the term of offi ce or on his otherwise ceasing to be the chairman.".

9. In section 8 of the 1920 Act,— Amendment of

section 8.

(1) in the marginal heading, for the expression, "chairman or councillors", the expression "councillors" shall be substituted;

(2) in sub-section (1), for the expression "chairman and councillors", the expression "councillors" shall be substituted;

(3) in sub-section (2), for the expression "chairman and councillors", the expression "councillors" shall be substituted;

(4) sub-section (2-A) shall be omitted;

(5) in sub-section (3), for the expression "The chairman or a councillor", the expression "A councillor" shall be substituted;

(6) in sub-section (4), for the expression "the chairman or a councillor", the expression "a councillor" shall be substituted;

(7) in sub-section (5), for the expression "The chairman or a councillor" and "the chairman or the councillor", the expression "A councillor" and "the councillor" shall, respectively, be substituted.

10. In section 9 of the 1920 Act,— Amendment of

section 9.

(1) in the marginal heading, for the expression "chairman or councillor", the expression "councillor" shall be substituted;

(2) in sub-section (1), for the expression "chairman or councillor", the expression "councillor" shall be substituted;

(3) in sub-section (3), for the expression "a chairman or a councillor elected under sub-section (1)", the expression "a councillor elected under sub- section (1)" shall be substituted.

11. In section 12 of the 1920 Act, sub-section (4) shall be omitted. Amendment of

section 12.

Substitution of 12. For section 12-A of the 1920 Act, the following section shall be substituted,

section 12-A.

namely:—

"12-A. Procedure when no chairman or vice-chairman is elected.— If at an election held under section 7-A or under section 12 no chairman or vice- chairman, as the case may be, is elected, a fresh election shall be held.".

Substitution of

13. For section 14 of the 1920 Act, the following section shall be substituted, section 14. namely:—

"14. Chairman to be member of every committee of council.—The chairman shall, by virtue of his offi ce, be a member of every committee of the council.".

Amendment of

14. In section 30 of the 1920 Act,—

section 30.

(1) in the marginal heading, for the expression "Chairman and councillor", the expression "Councillor" shall be substituted;

(2) in sub-section (1), for the expression "chairman or councillor", the expression "councillor" shall be substituted.

Amendment of

section 40.

15. In section 40 of the 1920 Act, including the marginal heading, for the expression "vice-chairman", wherever it occurs, the expression "chairman or vice-chairman" shall be substituted.

Amendment of

16. In section 40-A of the 1920 Act,—

section 40-A.

(1) in the marginal heading, for the expression "vice-chairman", the expression "chairman or vice-chairman" shall be substituted;

(2) in sub-section (1), for the expression "vice-chairman", the expression "chairman or vice-chairman" shall be substituted;

(3) in sub-section (12), for the expression "vice-chairman", the expression "chairman or vice-chairman, as the case may be" shall be substituted;

(4) in sub-section (13), for the expression "vice-chairman", the expression "chairman or vice-chairman" shall besubstituted;

(5) in sub-section (14), for the expression "a vice-chairman", the expression "a chairman or a vice-chairman" shall be substituted.

Omission of

17. Section 40-B of the 1920 Act shall be omitted.

section 40-B.

Amendment of

18. In section 43-C of the 1920 Act, in sub-section (2),—

section 43-C.

(1) for the expression "chairman or councillors", the expression "councillors" shall be substituted;

(2) for the expression "chairman or councillor", the expression "councillor" shall be substituted.

Amendment of

section 48.

19. In section 48 of the 1920 Act, for the expression "chairman or as a councillor", occurring in two places, the expression "councillor" shall be substituted.

Amendment of

20. In section 49 of the 1920 Act,—

section 49.

(1) in sub-section (1), for the expression "chairman or councillor", the expression "councillor" shall be substituted;

(2) in sub-section (2),—

(a) in the opening portion, for the expression "as a chairman or election as a councillor", the expression "as a councillor" shall be substituted;

(b) in clause (e), for the expression "the chairman or a councillor", occurring in two places, the expression "a councillor" shall be substituted.

21. In section 50 of the 1920 Act,— Amendment of

section 50.

(1) in the marginal heading, for the expression "chairman or councillors", the expression "councillors" shall be substituted;

(2) in sub-section (1),—

(a) in the opening portion, for the expression "the chairman or a councillor", the expression "a councillor" shall be substituted;

(b) in clause (f), for the expression "of the chairman or any other councillor", the expression "of any other councillor" shall be substituted;

(c) in clause (i),—

(i) for the expression "the chairman or councillor", the expression "councillor" shall be substituted;

(ii) in the proviso, for the expression "the chairman or a councillor", the expression "a councillor" shall be substituted;

(3) in sub-section (4),—

(a) for the expression "the chairman or a councillor", the expression "a councillor" shall be substituted;

(b) for the expression "chairman or councillor", the expression "councillor" shall be substituted.

22. In section 51 of the 1920 Act,— Amendment of

section 51.

(1) in the marginal heading, for the expression "chairman or councillor", the expression "councillor" shall be substituted;

(2) in sub-section (1), for the expression "the chairman or a councillor", "the chairman or any councillor" and "such chairman or councillor", the expression "a councillor", "any councillor" and "such councillor" shall, respectively, be substituted;

(3) in sub-section (3), for the expression "chairman or the councillor", the expression "councillor" shall be substituted.

23. In section 368 of the 1920 Act,— Amendment of

section 368.

(1) in sub-section (2), for the expression "chairman and councillors", the expression "councillors" shall be substituted;

(2) in sub-section (5), for the expression "chairman and councillors", the expression "councillors" shall be substituted;

(3) in sub-section (6), for the expression "chairman or councillors", the expression "councillors" shall be substituted.

PART – IV.

AMENDMENT TO THE MADURAI CITY MUNICIPAL CORPORATION

ACT, 1971.

Amendment of

Tamil Nadu section 29.

Act 15 of

1971. 24. For section 29 of the Madurai City Municipal Corporation Act, 1971 (hereinafter in this Part referred to as the 1971 Act), the following section shall be substituted, namely:—

"29. Election of Mayor.— (1) The council shall, at its fi rst meeting after each ordinary election to the council, elect one of its councillors to be the Mayor.

(2) The Mayor shall hold offi ce for a period of fi ve years from the date of his election and he shall continue as such Mayor, provided that in the meantime he does not cease to be a councillor.

(3) Any casual vacancy in the offi ce of the Mayor shall be fi lled by a fresh election and a person elected as Mayor on any such vacancy shall enter upon offi ce forthwith and hold offi ce only so long as the person in whose place he is elected would have been entitled to hold offi ce, if the vacancy had not occurred.

(4) A Mayor shall be deemed to have vacated his offi ce on his becoming disqualifi ed for holding the offi ce or on his removal from offi ce or on the expiry of his term of offi ce or on his otherwise ceasing to be the Mayor.".

Amendment of

25. In section 48-AB of the 1971 Act,—

section

48-AB.

(1) in the marginal heading, for the expression "Deputy Mayor", the expression "Mayor or Deputy Mayor" shall be substituted;

(2) in sub-section (1), for the expression "Deputy Mayor", the expression "Mayor or Deputy Mayor" shall be substituted;

(3) in sub-section (12), for the expression "Deputy Mayor", the expression "Mayor or Deputy Mayor, as the case may be" shall be substituted;

(4) in sub-section (13), for the expression "Deputy Mayor", the expression "Mayor or Deputy Mayor" shall be substituted;

(5) in sub-section (14), for the expression "a Deputy Mayor", the expression "a Mayor or a Deputy Mayor" shall be substituted.

Amendment of

section 66.

26. In section 66 of the 1971 Act, in sub-section (2), in clause (b), for the expression "councillor or Mayor", the expression "councillor" shall be substituted.

PART – V.

AMENDMENT TO THE COIMBATORE CITY MUNICIPAL

CORPORATION ACT, 1981.

Amendment of

Tamil Nadu section 29.

Act 25 of

1981. 27. For section 29 of the Coimbatore City Municipal Corporation Act, 1981 (hereinafter in this Part referred to as the 1981 Act), the following section shall be substituted, namely:—

"29. Election of Mayor.— (1) The council shall, at its fi rst meeting after each ordinary election to the council, elect one of its councillors to be the Mayor.

(2) The Mayor shall hold offi ce for a period of fi ve years from the date of his election and he shall continue as such Mayor, provided that in the meantime he does not cease to be a councillor.

(3) Any casual vacancy in the offi ce of the Mayor shall be fi lled by a fresh election and a person elected as Mayor on any such vacancy shall enter upon offi ce forthwith and hold offi ce only so long as the person in whose place he is elected would have been entitled to hold offi ce, if the vacancy had not occurred.

(4) A Mayor shall be deemed to have vacated his offi ce on his becoming disqualifi ed for holding the offi ce or on his removal from offi ce or on the expiry of his term of offi ce or on his otherwise ceasing to be the Mayor.".

28. In section 50-C of the 1981 Act,— Amendment of section

50-C.

(1) in the marginal heading, for the expression "Deputy Mayor", the expression "Mayor or Deputy Mayor" shall be substituted;

(2) in sub-section (1), for the expression "Deputy Mayor", the expression "Mayor or Deputy Mayor" shall be substituted;

(3) in sub-section (12), for the expression "Deputy Mayor", the expression "Mayor or Deputy Mayor, as the case may be" shall be substituted;

(4) in sub-section (13), for the expression "Deputy Mayor", the expression "Mayor or Deputy Mayor" shall be substituted;

(5) in sub-section (14), for the expression "a Deputy Mayor", the expression "a Mayor or a Deputy Mayor" shall be substituted.

Amendment of

section 68.

29. In section 68 of the 1981 Act, in sub-section (2), in clause (b), for the expression "councillor or Mayor", the expression "councillor" shall be substituted. 19th November 2019.

BANWARILAL PUROHIT, Gover nor of Tamil Nadu.

EXPLANATORY STATEMENT.

Elections are held directly to the offi ces of Mayor of Municipal Corporations and Chairperson of Municipalities and Town Panchayats and Councillors therefor on party basis. Except in Village Panchayats, where elections are held directly on non party basis, in other tiers of rural local bodies like Panchayat Unions and District Panchayats, elections are held on party basis and the head of the institution is elected indirectly, where the councillors elect one among them as Chairperson.

2. The Mayor / Chairperson, when they belong to one particular political party and the majority of the councillors belong to other political party / parties, they fail to get utmost co-operation from the councillors and this results in confl ict and the smooth functioning of the council gets affected. Sometimes, even getting the council meetings convened in regular intervals become diffi cult in such situations. Besides, the very basic purpose of serving the public comes to a grinding halt, which gets amplifi ed in unimaginable dimensions in such Urban Local Bodies.

3. It is considered that if indirect election is conducted for electing Mayor / Chairperson, there will be stability and collective responsibility among the head of the Urban Local Bodies and all the elected councillors and local bodies will be able to function in a harmonious and constructive way. The Municipal Corporation being a larger urban area, the volume of transaction of business in the councils are on a large scale. For instance, Chennai City Municipal Corporation Council consists of 200 councillors and Madurai and Coimbatore City Municipal Corporation Councils consist of 100 councillors each. In such a scenario, co-operation of the majority of the councillors is indispensable to have a smooth transaction of business in the council meeting. Hence, in order to ensure the support of majority of the councillors in taking decision and to render eff ective basic civil services to the public, it is considered appropriate to revert back to indirect method of election to the offi ces of the Mayor and Chairperson of the Urban Local Bodies.

4. Further, representations have been received from various forums and public that the indirect election to the Mayor of Municipal Corporations and Chairperson of Municipalities and Town Panchayats will be a better system for smooth functioning of the administration in the Urban Local Bodies.

5. Therefore, taking into account the advantages like better accountability and collective responsibility of the elected representatives of the Urban Local Bodies and in the interest of the smooth functioning of the Urban Local Bodies, the Government have been decided to amend the laws relating to the Municipal Corporations, Municipalities and Town Panchayats so as to provide indirect election to the offi ces of the Mayor of Municipal Corporations and Chairperson of Municipalities and Town Panchayats.

6. The Ordinance seeks to give effect to the above decision.

(By order of the Governor)

C. GOPI RAVIKUMAR, Secretary to Government (FAC), Law Department.

PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU