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GOVERNMENT OF TAMIL NADU
| TAMIL NADU GOVERNMENT GAZETTE PUBLISHED BY AUTHORITY EXTRAORDINARY | ||
[Regd. No. TN/CCN/467/2012-14.
[R. Dis. No. 197/2009.
[Price: Rs. 2.40 Paise.
No. 258] CHENNAI, WEDNESDAY, JULY 1, 2020 Aani 17, Saarvari, Thiruvalluvar Aandu–2051
Part IV—Section 2
Tamil Nadu Acts and Ordinances
The following Ordinance which was promulgated by the Governor on the
30th June 2020 is hereby published for general information:—
TAMIL NADU ORDINANCE No. 7 OF 2020.
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 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:—
1. (1) This Ordinance may be called the Tamil Nadu Panchayats (Third Short title and commencement.
Amendment) Ordinance, 2020.
(2) It shall come into force at once.
2. In Section 261-A of the Tamil Nadu Panchayats Act, 1994, for the
Tamil Nadu
Amendment of Section 261-A.
expression "to said panchayats after the date of commencement of the
Act 21 of
Tamil Nadu Panchayats (Amendment) Act, 2017 or upto the 30th day of June
1994.
2020", the expression "to the said panchayats in the districts of Kancheepuram,
Chengalpattu, Villupuram, Kallakurichi, Vellore, Ranipet, Tirupathur, Tirunelveli
and Tenkasi after the date of commencement of the Tamil Nadu Panchayats
(Amendment) Act, 2017 or upto the 31st day of December 2020" shall be
substituted.
30th June 2020.
BANWARILAL PUROHIT, Governor of Tamil Nadu.
Ex-IV-2—258—1
[111]112 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
EXPLANATORY STATEMENT.
The Special Offi cers to the Village Panchayats, Panchayat Unions and District Panchayats were appointed in pursuance of the orders of the Hon'ble High Court of Madras in W.P. No.33984 of 2016, dated the 4th October 2016.
The term of offi ce of the said Special Offi cers of the three tier panchayats were extended, from time to time, and lastly extended upto the 30th June 2020.
2. The Hon'ble Supreme Court of India in I.A.No.182868 of 2019 in Civil Appeal Nos.5467-5469 of 2017, dated the 6th December 2019 read with W.P. (Civil) No.1443 of 2019, dated the 11th December 2019 has, among other things, directed that the Respondent-authorities shall hold elections to all Panchayats at village, intermediate and district levels, except those in the nine newly reconstituted districts namely, Kancheepuram, Chengalpattu, Vellore, Tirupathur, Ranipet, Villupuram, Kallakurichi, Tirunelveli and Tenkasi and also directed to delimit the nine newly reconstituted districts in accordance with law and thereafter hold elections for their panchayats at the village, intermediate and district levels within a period of three months. Accordingly, the Tamil Nadu State Election Commission conducted ordinary elections for electing the ward members of Village Panchayats, Panchayat Unions and District Panchayats and to the offi ces of the President of Village Panchayats and the elected representatives have also assumed offi ce on 06.01.2020 except for the nine newly reconstituted districts.
3. Following the direction of the Hon'ble Supreme Court of India in I.A. No.182868 of 2019 in Civil Appeal Nos. 5467-5469 of 2017, dated the 6th December 2019 read with W.P.(Civil) No.1443 of 2019, dated the 11th December 2019, the Tamil Nadu State Delimitation Commission has conducted series of meetings with the District Delimitation Authorities for fi nalization of territorial wards of the Rural Local Bodies in the nine newly reconstituted districts and submitted its recommendation thereon to the Government and the same are under active consideration of the Government. Further, for conducting ordinary elections to Rural Local Bodies, the Tamil Nadu State Election Commission has initiated swift actions, namely, preparation of Local Body Electoral Rolls, identifi cation of Polling Stations, revision of certain Booklets, Training to offi cials for conducting elections and development of software for randomization of polling offi cial.
4. In the meantime, due to sudden outbreak of the pandemic disease, namely, COVID 19, high alert / lock down has been declared by the Central Government and the State Government and an order under section 144 of the Criminal Procedure Code, 1973 (Central Act 2 of 1974) has been issued. Consequent on the said measures, only limited employees of the Government are permitted to work in the offi ces. Further, the machinery of the Government are engaged in taking preventive, protective, relief and welfare measures on a war footing, to mitigate the suffering of the people due to the outbreak of COVID 19. Hence, the notifi cation of delimitation of territorial wards of three tier Panchayats, in the nine newly reconstituted districts and the preparatory works could not be completed as per the planned schedule of activities.
5. Further, after notifi cation of the delimitation of territorial wards of Village Panchayats, Panchayat Unions and District Panchayats the reservation of seats for Scheduled Castes, Scheduled Tribes and Women in the territorial wards of all the three tiers of Panchayats will have to be notifi ed. Thereafter, the reservation of offi ce for Scheduled Castes, Scheduled Tribes and Women in all the three tier of Panchayats have also to be notifi ed by the Government. Only thereafter, the Tamil Nadu State Election Commission could be enable to notify the schedule for the conduct of ordinary elections to the Rural Local Bodies in the nine newly reconstituted districts, as ordered by the Hon'ble Supreme Court. In view of the above, additional time is required for the Tamil Nadu State Election Commission to complete the preparatory works for the conduct of elections to the Rural Local Bodies.
6. In the circumstances stated above, as the term of offi ce of the Special Offi cers of Village Panchayats, Panchayat Unions and District Panchayats in the districts of Kancheepuram, Chengalpattu, Vellore, Tirupathur, Ranipet, Villupuram, Kallakurichi, Tirunelveli and Tenkasi expires on the 30th June 2020, the Government have decided to amend section 261-A of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) so as to extend the term of offi ce of the said Special Offi cers for a further period of six months upto the 31st December 2020 or until the fi rst meeting of the council is held after the ordinary elections to the Village Panchayats, Panchaytat Unions and District Panchayats, whichever is earlier.
7. The Ordinance seeks to give effect to the above decision.
(By order of the Governor)
C. GOPI RAVIKUMAR,
Secretary to Government,
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 113The following Ordinance which was promulgated by the Governor on the
30th June 2020 is hereby published for general information:—
TAMIL NADU ORDINANCE No. 8 OF 2020.
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 (Third
commencement.
Amendment) Ordinance, 2020.
(2) It shall come into force at once.
PART – II.
AMENDMENT TO THE CHENNAI CITY MUNICIPAL CORPORATION ACT,
1919.
Tamil Nadu Act
Amendment of 2. In Section 414-B of the Chennai City Municipal Corporation Act, 1919, for
IV of 1919.
Section 414-B.
the expression "upto the 30th day of June 2020", the expression "upto the 31st day
of December 2020" shall be substituted.
PART – III.
AMENDMENT TO THE TAMIL NADU DISTRICT MUNICIPALITIES ACT, 1920.
Tamil Nadu Act
Amendment of 3. In section 375-B of the Tamil Nadu District Municipalities Act, 1920, for the
V of 1920.
Section 375-B.
expression "upto the 30th day of June 2020", the expression "upto the 31st day of
December 2020" shall be substituted.
PART – IV.
AMENDMENT TO THE MADURAI CITY MUNICIPAL CORPORATION ACT,
1971.
Tamil Nadu Act
Amendment of 4. In Section 510-AAA of the Madurai City Municipal Corporation Act, 1971,
15 of 1971.
Section 510- for the expression "upto the 30th day of June 2020", the expression "upto the 31st
AAA.
day of December 2020" shall be substituted.
PART – V.
AMENDMENT TO THE COIMBATORE CITY MUNICIPAL CORPORATION ACT,
1981.
Tamil Nadu Act
Amendment of 5. In Section 511-AAA of the Coimbatore City Municipal Corporation Act,
25 of 1981.
Section 511- 1981, for the expression "upto the 30th day of June 2020", the expression "upto
AAA.
the 31st day of December 2020" shall be substituted.
114 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARYPART – 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 2020", the expression "upto the 31st day of December 2020" 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 2020", the expression "upto the 31st day of December 2020" 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 2020", the expression "upto the 31st day of December 2020" shall be substituted.
PART – IX.
AMENDMENT TO THE TIRUPPUR CITY MUNICIPAL CORPORATION ACT,
2008.
Amendment of
Tamil Nadu Act 7 Section 9-A.
of 2008.
9. In Section 9-A of the Tiruppur City Municipal Corporation Act, 2008, for the expression "upto the 30th day of June 2020", the expression "upto the 31st day of December 2020" shall be substituted.
PART – X.
AMENDMENT TO THE ERODE CITY MUNICIPAL CORPORATION ACT, 2008.
Amendment of
Tamil Nadu Act 8 Section 9-A.
of 2008.
10. In Section 9-A of the Erode City Municipal Corporation Act, 2008, for the expression "upto the 30th day of June 2020", the expression "upto the 31st day of December 2020" shall be substituted.
PART – XI.
AMENDMENT TO THE VELLORE CITY MUNICIPAL CORPORATION ACT,
2008.
Amendment of
Tamil Nadu Act 26 of 2008.
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 2020", the expression "upto the 31st day of December 2020" shall be substituted.
PART – XII.
AMENDMENT TO THE THOOTHUKUDI CITY MUNICIPAL CORPORATION
ACT, 2008.
Amendment of
Tamil Nadu Act 27 of 2008.
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 2020", the expression "upto the 31st day of December 2020" shall be substituted.
PART – XIII.
AMENDMENT TO THE THANJAVUR CITY MUNICIPAL CORPORATION ACT,
2013.
Amendment of
Tamil Nadu Act 24 of 2013.
Section 9-A.
13. In Section 9-A of the Thanjavur City Municipal Corporation Act, 2013, for the expression "upto the 30th day of June 2020", the expression "upto the 31st day of December 2020" shall be substituted.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 115PART – XIV.
AMENDMENT TO THE DINDIGUL CITY MUNICIPAL CORPORATION ACT,
2013.
Tamil Nadu Act
Amendment of 14. In Section 9-A of the Dindigul City Municipal Corporation Act, 2013, for the
25 of 2013.
Section 9-A.
expression "upto the 30th day of June 2020", the expression "upto the 31st day of
December 2020" shall be substituted.
PART – XV.
AMENDMENT TO THE HOSUR CITY MUNICIPAL CORPORATION ACT, 2019.
Tamil Nadu Act
Amendment of 15. In Section 10 of the Hosur City Municipal Corporation Act, 2019, in sub-
10 of 2019.
Section 10.
section (4), for the expression "upto the 30th day of June 2020", the expression
"upto the 31st day of December 2020" shall be substituted.
PART – XVI.
AMENDMENT TO THE NAGERCOIL CITY MUNICIPAL CORPORATION ACT,
2019.
Tamil Nadu Act
Amendment of 16. In Section 10 of the Nagercoil City Municipal Corporation Act, 2019, in
11 of 2019.
Section 10.
sub-section (4), for the expression "upto the 30th day of June 2020", the expression
"upto the 31st day of December 2020" shall be substituted.
PART – XVII.
AMENDMENT TO THE AVADI CITY MUNICIPAL CORPORATION ACT, 2019.
Tamil Nadu Act
Amendment of 17. In Section 10 of the Avadi City Municipal Corporation Act, 2019, in sub-
24 of 2019.
Section 10.
section (4), for the expression "upto the 30th day of June 2020", the expression
"upto the 31st day of December 2020" shall be substituted.
30th June 2020.
BANWARILAL PUROHIT, Governor of Tamil Nadu.
116 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARYEXPLANATORY STATEMENT.
The Special Offi cers to the Town Panchayats, Municipalities and Municipal Corporations were appointed in pursuance of the orders of the Hon'ble High Court of Madras in W.P.No.33984 of 2016, dated the 4th October 2016. The term of offi ce of the said Special Offi cers of the Town Panchayats, Municipalities and Municipal Corporations was extended from time to time and lastly upto the 30th June 2020.
2. Following the direction of the Hon'ble Supreme Court of India in I.A. No.182868 of 2019 in Civil Appeal Nos. 5467- 5469 of 2017, dated the 6th December 2019 read with Writ Petition (Civil) No.1443 of 2019, dated the 11th December 2019 relating to delimitation of territorial wards of Village Panchayats, Panchayat Unions and District Panchayats in the nine newly reconstituted districts namely, Kancheepuram, Chengalpattu, Vellore, Thirupathur, Ranipet, Vilupuram, Kallakurichi, Tirunelveli and Tenkasi, the Tamil Nadu Delimitation Commission has conducted series of meeting with the District Delimitation Authorities for fi nalization of territorial wards of the Town Panchayats, Municipalities and Municipal Corporations also, in the nine newly reconstituted districts and submitted its recommendation thereon to the Government and the same are under active consideration of the Government. Further, for conducting ordinary elections to Urban Local Bodies, the Tamil Nadu State Election Commission has initiated swift actions, namely, preparation of Local Body Electoral Rolls, identifi cation of Polling Stations, revision of certain Booklets, training for handling Electronic Voting Machines to offi cials and development of software for randomization of polling offi cial and Electronic Voting Machines.
3. In the meantime, due to sudden outbreak of the pandemic disease, namely, COVID 19, high alert / lock down has been declared by the Central Government and the State Government and an order under section 144 of the Criminal Procedure Code, 1973 (Central Act 2 of 1974) has been issued. Consequent on the said measures, only limited employees of the Government are permitted to work in the offi ces. Further, the machinery of the Government and Urban Local Bodies are engaged in taking preventive, protective, relief and welfare measures on a war footing, to mitigate the suffering of the people due the outbreak of COVID 19. Hence, the notifi cation of delimitation of territorial wards of Town Panchayats, Municipalities and Municipal Corporations in the nine newly reconstituted districts and the preparatory works for the conduct of ordinary elections could not be completed as per the planned schedule of activities.
4. Further, after notifi cation of the delimitation of territorial wards of Town Panchayats, Municipalities and Municipal Corporations, the reservation of seats for Scheduled Castes, Scheduled Tribes and Women in the territorial wards of all the Urban Local Bodies in the nine newly reconstituted districts will have to be notifi ed. Only thereafter, the Tamil Nadu State Election Commission could be enable to notify the schedule for the conduct of ordinary elections to the Urban Local Bodies.
In view of the above, additional time is required for the Tamil Nadu State Election Commission to complete the preparatory works for the conduct of elections to the Urban Local Bodies.
5. In the circumstances stated above, as the term of offi ce of the Special Offi cers expires on the 30th June 2020, the Government have decided to amend the laws relating to the Town Panchayats, Municipalities and Municipal Corporations, so as to extend the term of offi ce of the Special Offi cers for a further period of six months upto the 31st December 2020 or until the fi rst meeting of the council is held after the ordinary elections to the Town Panchayats, Municipalities and Municipal Corporations, whichever is earlier.
6. The Ordinance seeks to give effect to the above decision.
(By order of the Governor)
C. GOPI RAVIKUMAR,
Secretary to Government,
Law Department.
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