No. 494]

CHENNAI, THURSDAY, OCTOBER 21, 2021

Aippasi 4, Pilava, Thiruvalluvar Aandu–2052

TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

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

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2021

[Price: Rs. 12.80 Paise.

Part IV—Section 2

Tamil Nadu Acts and Ordinances

Ex-IV-2-494—1

[177]

CONTENTS

Pages.

ORDINANCES:

No. 1 of 2021— The Cuddalore City Municipal Corporation Ordinance, 2021..

178-184

No. 2 of 2021—The Kancheepuram City Municipal Corporation Ordinance, 2021..

185-192

No. 3 of 2021—The Sivakasi City Municipal Corporation Ordinance, 2021 ..

193-200

No. 4 of 2021—The Karur City Municipal Corporation Ordinance, 2021.

201-207

178

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

The following Ordinance which was promulgated by the Governor on the

20th October 2021 is hereby published for general information:—

TAMIL NADU ORDINANCE No. 1 OF 2021.

An Ordinance to provide for the establishment of a Municipal Corporation

for the city of Cuddalore.

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:—

Short title,

extent and

commence-

ment.

1. (1) This Ordinance may be called the Cuddalore City Municipal Corporation

Ordinance, 2021.

(2) It extends to the city of Cuddalore.

(3) It shall come into force at once.

Deﬁ nitions.

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

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

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

commencement of this Ordinance, is included in the city but does not include any

local area which, after such date of the commencement of this Ordinance,

is excluded from the city;

(b) “corporation” means the municipal corporation of Cuddalore

constituted under section 3;

Cuddalore;

(d) “Government” means the State Government;

(e) “municipal council” means the municipal council of Cuddalore

municipality;

(f) “municipality” means the Cuddalore 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 Ordinance and not deﬁ ned but

deﬁ ned in the Coimbatore City Municipal Corporation Act, 1981 (hereinafter referred

to as the “1981 Act”), shall have the meanings, respectively, assigned to them in the

1981 Act.

Tamil Nadu

Act 25 of

1981.

Establishment

of municipal

corporation

for city of

Cuddalore.

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

the local area included in the Cuddalore municipality shall constitute the city of

Cuddalore for the purposes of this Ordinance and from such date of the commence-

ment of this Ordinance, a municipal corporation shall be deemed to have been

established for the said city by the name of Cuddalore City Municipal Corporation:

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

with the corporation, by notiﬁ cation, alter the limits of the city constituted under this

sub-section so as to include therein or to exclude therefrom the areas speciﬁ ed in

the notiﬁ cation:

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Provided further that the power to issue a notiﬁ cation 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 Cuddalore municipality, functioning immediately before the date

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

from such date of the commencement of this Ordinance.

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

Ordinance shall be,—

Municipal

authorities.

(1) a Mayor;

(2) a council;

(3) a standing committee;

(4) a wards committee; and

(5) a commissioner.

(1) Save as otherwise provided in sub-section (2), the council shall

consist of such number of councillors elected in the manner laid down in this

Ordinance as may be ﬁ xed by the Government, by notiﬁ cation, from time to time,

so, however, that the total number of councillors of the council shall not exceed

seventy-two at any time.

Constitution of

council.

(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 Sched-

uled 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 ﬁ lled 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 ﬁ fty 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 ﬁ fty 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.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(7) The reservation of seats under sub-sections (4) and (5) shall cease to

have eﬀ ect on the expiry of the period speciﬁ ed in Article 334 of the Constitution.

Duration of

corporation.

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

from the date appointed for its ﬁ rst meeting after each ordinary election and no

longer and the said period of ﬁ ve 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 speciﬁ ed in sub-section (1); or

(b) before the expiration of a period of six months from the date of its

dissolution:

Provided that where the remainder of the period for which the dissolved

corporation would have continued, is less than six months, it shall not be necessary

to hold any election, under this sub-section for constituting the corporation for such

period.

Tamil Nadu

District

Municipalities

Act, 1920

not to apply.

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

District Municipalities Act, 1920 (hereinafter referred to as the “District Municipalities

Act”) shall, with eﬀ ect on and from the date of the commencement of this Ordinance,

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

Tamil Nadu

Act V of

1920.

(2) Such cessor shall not aﬀ ect,—

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

of the local area comprised within the city of Cuddalore;

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

oﬀ ence committed against the District Municipalities Act; or

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

may be imposed as if this Ordinance had not been passed.

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

appointments, notiﬁ cations, notices, rules, bye-laws, regulations, orders, directions,

licences, permissions, schemes, forms and powers, made or issued or conferred

under the District Municipalities Act and in force on the date of the commencement

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

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

Cuddalore until they are replaced by the appointments, notiﬁ cations, notices, rules,

bye-laws, regulations, orders, directions, licences, permissions, schemes, forms

and powers to be made or issued or conferred under this Ordinance.

Application of

provisions of

1981 Act to

corporation.

(1) Save as otherwise expressly provided herein, all the provisions of

the 1981 Act, including the provisions relating to the levy and collection of any tax

or fee are hereby extended to and shall apply, mutatis mutandis to the corporation

and the 1981 Act shall, in relation to the corporation, be read and construed as if the

provisions of this Ordinance had formed part of the 1981 Act.

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

the 1981 Act to the corporation, the Government may, by notiﬁ cation, make such

adaptations and modiﬁ cations 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

modiﬁ cations so made.

181

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(3) Notwithstanding that no provision or insuﬃ cient 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 aﬀ ecting 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 Cuddalore,—

(a) any reference to the city of Coimbatore and Coimbatore munici-

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

Cuddalore and Cuddalore municipality, respectively; and

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

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

nance, be construed as a reference to the Cuddalore Corporation, Corporation of

Cuddalore and Municipal Corporation of Cuddalore, respectively.

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

by and all interests of whatever kind owned by or vested in, or held in trust by or for

the municipal council with all rights of whatever kind used, enjoyed or possessed by

the municipal council as well as all liabilities legally subsisting against the municipal

council, on and from the date of the commencement of this Ordinance and subject

to such directions as the Government may, by general or special order, give in this

behalf, vest with the corporation.

Transitional

provisions.

(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 municipal council on

the date of such commencement may be recovered as if they had accrued to the

corporation and may be recovered as if the said arrears or payments had become

due, under the provisions of this Ordinance.

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

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

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

Ordinance and shall continue to be in force accordingly until such taxes, fees and

duties are revised, cancelled or superseded by anything done or any action taken

under this Ordinance.

(4) All proceedings taken by, or against, the municipal council or authority

or any person under the District Municipalities Act may be continued by, or against,

the corporation, authority or person as if the said proceedings had been commenced

under the provisions of this Ordinance.

(5) Any action taken under the District Municipalities Act, by any authority

before the date of such commencement shall be deemed to have been taken by the

authority competent to take such action under this Ordinance as if this Ordinance

had been in force.

(6) Notwithstanding anything contained in this Ordinance, every oﬃ -

cer or employee who, immediately before the date of the commencement of this

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

commencement, be deemed to be an oﬃ cer or employee of the corporation:

Provided that—

(a) the terms and conditions applicable to such oﬃ cers 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

182

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(b) the service rendered by any such oﬃ cer 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 oﬃ cer 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 corpora-

tion 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 beneﬁ ts as may be prescribed.

(7) Any division of the Cuddalore municipality into wards, made under

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

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

(8) The electoral roll prepared for the Cuddalore municipality under the

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

Ordinance, shall be deemed to be the electoral roll for the corporation until a new

electoral roll is prepared and published and the part of the said electoral roll relating

to each ward of the municipality shall be deemed to be the list of the electoral roll for

the corresponding division of the corporation.

Appointment

of Special

Oﬃ cer.

10. (1) There shall be appointed by the Government, by notiﬁ cation, a Special

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

(a) the council,

(b) the standing committee,

(d) the wards committee.

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

discharge the functions,—

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

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

appointed by the corporation; and

the Government and such oﬃ cer may, if the Government so direct, receive

remuneration for his services from the municipal fund.

(3) Until a new Special Oﬃ cer is appointed by the Government under

sub-section (1), the Special Oﬃ cer of the municipality functioning immediately

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

Special Oﬃ cer 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 Oﬃ cer appointed under sub-section (1).

(4) The Special Oﬃ cer referred to in sub-section (1) or in sub-section (3)

shall hold oﬃ ce until the day on which the ﬁ rst meeting of the council is held after

ordinary elections to the corporation.

Power to make

rules.

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

Ordinance.

(2) (a) All rules made under this Ordinance shall be published in the

Tamil Nadu Government Gazette and, unless they are expressed to come into force

on a particular day, shall come into force on the day on which they are so published.

183

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(b) All notiﬁ cations issued under this Ordinance shall, unless they

are expressed to come into force on a particular day, come into force on the day on

which they are so published.

(3) Every rule made or notiﬁ cation or order issued under this Ordinance

shall, as soon as possible, after it is made or issued, be placed on the table of

the Legislative Assembly, and if, before the expiry of the session in which it is so

placed or the next session, the Assembly makes any modiﬁ cation in any such rule or

notiﬁ cation or order, or the Assembly decides that the rule or notiﬁ cation or order

should not be made or issued, the rule or notiﬁ cation or order shall thereafter have

eﬀ ect only in such modiﬁ ed form or be of no eﬀ ect, as the case may be, so, however,

that any such modiﬁ cation or annulment shall be without prejudice to the validity of

anything previously done under that rule or notiﬁ cation or order.

12. If any diﬃ culty arises in giving eﬀ ect to the provisions of this Ordinance,

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

Gazette, make such provisions not inconsistent with the provisions of this Ordinance

as appear to them to be necessary or expedient for removing the diﬃ culty.

Power to

remove

diﬃ culties.

20th October 2021.

R. N. RAVI,

Governor of Tamil Nadu.

184

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

EXPLANATORY STATEMENT.

As per the 2011 population census, the percentage of urban population in the State of Tamil Nadu was 48.45.

Now the percentage of population living in urban areas to the total population has increased to over 53 per cent. It has

therefore become essential to merge the areas having urban characteristics adjoining Corporations and Municipalities with

the respective urban local bodies and to create necessary infrastructure in those areas.

2. Based on this, the Hon’ble Minister for Municipal Administration, among other things, has made an announcement

on the ﬂ oor of the Legislative Assembly during the Demand for Grant of this department for the year 2021-2022, that,

Cuddalore Special Grade Municipality and the adjoining urbanised Local Bodies will be merged and upgraded as

Cuddalore City Municipal Corporation. Accordingly, as an initial measure of achieving the above objective, the

Government have decided to upgrade the Cuddalore Special Grade Municipality with its present territorial limits, as

Cuddalore City Municipal Corporation.

3. The Government have, therefore, decided to undertake a legislation adapting the provisions of the Coimbatore City

Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981), with such modiﬁ cations as are necessary.

4. The Ordinance seeks to give eﬀ ect to the above decision.

(By order of the Governor)

C. GOPI RAVIKUMAR,

Secretary to Government (Legislation),

Law Department.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

The following Ordinance which was promulgated by the Governor on the

20th October 2021 is hereby published for general information:—

TAMIL NADU ORDINANCE NO. 2 OF 2021.

An Ordinance to provide for the establishment of a Municipal

Corporation for the city of Kancheepuram.

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 Kancheepuram City Municipal

Corporation Ordinance, 2021.

Short title,

extent and

commence-

ment.

(2) It extends to the city of Kancheepuram.

(3) It shall come into force at once.

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

Deﬁ nitions.

(a) “city of Kancheepuram” or “city” means the local area

comprised in the Kancheepuram municipality and includes any local area

which, after the date of the commencement of this Ordinance, is included

in the city but does not include any local area which, after such date of the

commencement of this Ordinance, is excluded from the city;

(b)

“corporation”

means

the

municipal

corporation

Kancheepuram constituted under section 3;

Kancheepuram;

(d) “Government” means the State Government;

(e) “municipal council” means the municipal council of

Kancheepuram municipality;

(f) “municipality” means the Kancheepuram 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.

Tamil Nadu Act

25 of 1981.

(2) All words and expressions used in this Ordinance and not

deﬁ ned but deﬁ ned in the Coimbatore City Municipal Corporation Act,

1981 (hereinafter referred to as the “1981 Act”), shall have the meanings,

respectively, assigned to them in the 1981 Act.

3. (1) With eﬀ ect on and from the date of the commencement of this

Ordinance, the local area included in the Kancheepuram municipality shall

constitute the city of Kancheepuram for the purposes of this Ordinance

and from such date of the commencement of this Ordinance, a municipal

corporation shall be deemed to have been established for the said city by

the name of Kancheepuram City Municipal Corporation:

Establishment

of municipal

corporation

for city of

Kanchee-

puram.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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

with the corporation, by notiﬁ cation, alter the limits of the city constituted

under this sub-section so as to include therein or to exclude therefrom the

areas speciﬁ ed in the notiﬁ cation:

Provided further that the power to issue a notiﬁ cation 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 Kancheepuram municipality, functioning immediately

before the date of the commencement of this Ordinance, shall be deemed

to have been abolished from such date of the commencement of this

Ordinance.

Municipal

authorities.

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

this Ordinance shall be,—

(1) a Mayor;

(2) a council;

(3) a standing committee;

(4) a wards committee; and

(5) a commissioner.

Constitution of

council.

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

consist of such number of councillors elected in the manner laid down in this

Ordinance as may be ﬁ xed by the Government, by notiﬁ cation, 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 ﬁ lled 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.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(5) Seats shall be reserved for women belonging to the Scheduled

Castes and the Scheduled Tribes, from among the seats reserved for the

persons belonging to the Scheduled Castes and the Scheduled Tribes, which

shall not be less than ﬁ fty 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 ﬁ fty 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 eﬀ ect on the expiry of the period speciﬁ ed in Article 334 of the

Constitution.

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

ﬁ ve years from the date appointed for its ﬁ rst meeting after each ordinary

election and no longer and the said period of ﬁ ve years shall operate as a

dissolution of the corporation.

Duration of

corporation.

(2) An election to constitute the corporation shall be completed,—

(a) before the expiry of its duration speciﬁ ed in sub-section (1); or

(b) before the expiration of a period of six months from the date

of its dissolution:

Provided that where the remainder of the period for which the

dissolved corporation would have continued, is less than six months, it shall

not be necessary to hold any election, under this sub-section for constituting

the corporation for such period.

Tamil Nadu Act

V of 1920.

7. (1) Subject to the provisions of sub-sections (2) and (3), the

Tamil Nadu District Municipalities Act, 1920 (hereinafter referred to as

the “District Municipalities Act”) shall, with eﬀ ect on and from the date of

the commencement of this Ordinance, cease to apply to the local area

comprised within the city of Kancheepuram.

Tamil Nadu

District

Municipalities

Act, 1920 not

to apply.

(2) Such cessor shall not aﬀ ect,—

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

respect of the local area comprised within the city of Kancheepuram;

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

of any oﬀ ence committed against the District Municipalities Act; or

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

punishment may be imposed as if this Ordinance had not been passed.

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

appointments, notiﬁ cations, notices, rules, bye-laws, regulations, orders,

directions, licences, permissions, schemes, forms and powers, made or

issued or conferred under the District Municipalities Act and in force on the

date of the commencement of this Ordinance shall, so far as they are not

inconsistent with the provisions of this Ordinance, continue to be in force

in the local area comprised within the city of Kancheepuram until they

are replaced by the appointments, notiﬁ cations, notices, rules, bye-laws,

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

powers to be made or issued or conferred under this Ordinance.

188

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Application of

provisions of

1981 Act to

corporation.

8. (1) Save as otherwise expressly provided herein, all the provisions

of the 1981 Act, including the provisions relating to the levy and collection

of any tax or fee are hereby extended to and shall apply, mutatis mutandis

to the corporation and the 1981 Act shall, in relation to the corporation, be

read and construed as if the provisions of this Ordinance had formed part

of the 1981 Act.

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

of the 1981 Act to the corporation, the Government may, by notiﬁ cation,

make such adaptations and modiﬁ cations 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 modiﬁ cations so made.

(3) Notwithstanding that no provision or insuﬃ cient 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 aﬀ ecting 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

Kancheepuram,—

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

Municipality, shall by reason of this Ordinance, be construed as a reference

to the city of Kancheepuram and Kancheepuram municipality, respectively;

and

(b) any reference to the Coimbatore Corporation, Corporation

of Coimbatore and Municipal Corporation of Coimbatore, shall by reason

of this Ordinance, be construed as a reference to the Kancheepuram

Corporation, Corporation of Kancheepuram and Municipal Corporation of

Kancheepuram, respectively.

Transitional

provisions.

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

possessed by and all interests of whatever kind owned by or vested in, or

held in trust by or for the municipal council with all rights of whatever kind

used, enjoyed or possessed by the municipal council as well as all liabilities

legally subsisting against the municipal council, on and from the date of

the commencement of this Ordinance and subject to such directions as the

Government may, by general or special order, give in this behalf, vest with

the corporation.

(2) All arrears of taxes or other payments by way of composition for a

tax, or due for expenses or compensation, or otherwise due to the municipal

council on the date of such commencement may be recovered as if they had

accrued to the corporation and may be recovered as if the said arrears or

payments had become due, under the provisions of this Ordinance.

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

the commencement of this Ordinance were being levied by the municipal

council shall be deemed to have been levied by the corporation under the

provisions of this Ordinance and shall continue to be in force accordingly

until such taxes, fees and duties are revised, cancelled or superseded by

anything done or any action taken under this Ordinance.

189

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(4) All proceedings taken by, or against, the municipal council

or authority or any person under the District Municipalities Act may be

continued by, or against, the corporation, authority or person as if the said

proceedings had been commenced under the provisions of this Ordinance.

(5) Any action taken under the District Municipalities Act, by any

authority before the date of such commencement shall be deemed to

have been taken by the authority competent to take such action under this

Ordinance as if this Ordinance had been in force.

(6) Notwithstanding anything contained in this Ordinance, every

oﬃ cer or employee who, immediately before the date of the commencement

of this Ordinance, was in the service of the municipality shall, on and from

the date of such commencement, be deemed to be an oﬃ cer or employee

of the corporation:

Provided that—

(a) the terms and conditions applicable to such oﬃ cers 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 oﬃ cer 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 oﬃ cer 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 beneﬁ ts as may be prescribed.

(7) Any division of the Kancheepuram municipality into wards,

made under the District Municipalities Act, and in force on the date of the

commencement of this Ordinance shall be deemed to be a division of the

corporation until altered.

(8) The electoral roll prepared for the Kancheepuram municipality

under the District Municipalities Act, and in force on the date of the

commencement of this Ordinance, shall be deemed to be the electoral roll

for the corporation until a new electoral roll is prepared and published and

the part of the said electoral roll relating to each ward of the municipality

shall be deemed to be the list of the electoral roll for the corresponding

division of the corporation.

10. (1) There shall be appointed by the Government, by notiﬁ cation, a

Special Oﬃ cer to exercise the powers, perform the duties and discharge the

functions of—

Appointment

of Special

Oﬃ cer.

(a) the council,

(b) the standing committee,

(d) the wards committee.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(2) The Special Oﬃ cer shall exercise the powers, perform the

duties and discharge the functions,—

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

oﬃ ce;

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

appointed by the corporation; and

the Government and such oﬃ cer may, if the Government so direct, receive

remuneration for his services from the municipal fund.

(3) Until a new Special Oﬃ cer is appointed by the Government

under sub-section (1), the Special Oﬃ cer of the municipality functioning

immediately before the date of commencement of this Ordinance

shall be deemed to be the Special Oﬃ cer 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 Oﬃ cer appointed

under sub-section (1).

(4) The Special Oﬃ cer referred to in sub-section (1) or in

sub-section (3) shall hold oﬃ ce until the day on which the ﬁ rst meeting of the

council is held after ordinary elections to the corporation.

Power to make

rules.

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

of this Ordinance.

(2) (a) All rules made under this Ordinance shall be published in the

Tamil Nadu Government Gazette and, unless they are expressed to come

into force on a particular day, shall come into force on the day on which they

are so published.

(b) All notiﬁ cations issued under this Ordinance shall, unless they

are expressed to come into force on a particular day, come into force on the

day on which they are so published.

(3) Every rule made or notiﬁ cation or order issued under this Ordinance

shall, as soon as possible, after it is made or issued, be placed on the table

of the Legislative Assembly, and if, before the expiry of the session in which

it is so placed or the next session, the Assembly makes any modiﬁ cation in

any such rule or notiﬁ cation or order, or the Assembly decides that the rule

or notiﬁ cation or order should not be made or issued, the rule or notiﬁ cation

or order shall thereafter have eﬀ ect only in such modiﬁ ed form or be of

no eﬀ ect, as the case may be, so, however, that any such modiﬁ cation or

annulment shall be without prejudice to the validity of anything previously

done under that rule or notiﬁ cation or order.

Power to

remove

diﬃ culties.

12. If any diﬃ culty arises in giving eﬀ ect to the provisions of

this Ordinance, the Government may, by an order published in the

Tamil Nadu Government Gazette, make such provisions not inconsistent

with the provisions of this Ordinance as appear to them to be necessary or

expedient for removing the diﬃ culty.

20th October 2021.

R. N. RAVI,

Governor of Tamil Nadu.

191

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

EXPLANATORY STATEMENT.

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

towards fulﬁ llment of the basic needs of the growing population of Kancheepuram Special Grade Municipality and for

improving the standard of living of the people in the said Municipality the Hon’ble Minister for Municipal Administration,

among other things, has made an announcement on the ﬂ oor of the Legislative Assembly during the Demand for Grant of

this department for the year 2021-2022, that, Kancheepuram Special Grade Municipality will be upgraded as Kancheepuram

City Municipal Corporation. Accordingly, the Government have decided to upgrade the Kancheepuram Special Grade

Municipality with its territorial limits as Kancheepuram City Municipal Corporation.

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

City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981), with such modiﬁ cations as are necessary.

3. The Ordinance seeks to give eﬀ ect to the above decision.

(By order of the Governor)

C. GOPI RAVIKUMAR,

Secretary to Government (Legislation),

Law Department.

193

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

The following Ordinance which was promulgated by the Governor on the

20th October 2021 is hereby published for general information:—

TAMIL NADU ORDINANCE No. 3 OF 2021.

An Ordinance to provide for the establishment of a Municipal Corporation for

the city of Sivakasi.

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) This Ordinance may be called the Sivakasi City Municipal Corporation

Ordinance, 2021.

Short title,

extent and

commence-

ment.

(2) It extends to the city of Sivakasi.

(3) It shall come into force at once.

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

Deﬁ nitions.

(a) "city of Sivakasi" or "city" means the local area comprised in

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

commencement of this Ordinance, is included in the city but does not include

any local area which, after such date of the commencement of this Ordinance, is

excluded from the city;

(b) "corporation" means the municipal corporation of Sivakasi

constituted under section 3;

Sivakasi;

(d) “Government” means the State Government;

(e) “municipal council” means the municipal council of Sivakasi

municipality;

(f)

“municipality” means the Sivakasi 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.

Tamil Nadu Act

25 of 1981.

(2) All words and expressions used in this Ordinance and not deﬁ ned

but deﬁ ned in the Coimbatore City Municipal Corporation Act, 1981 (hereinafter

referred to as the “1981 Act”), shall have the meanings, respectively, assigned to

them in the 1981 Act.

3. (1) With eﬀ ect on and from the date of the commencement of this

Ordinance, the local area included in the Sivakasi municipality shall constitute

the city of Sivakasi for the purposes of this Ordinance and from such date of the

commencement of this Ordinance, a municipal corporation shall be deemed to

have been established for the said city by the name of Sivakasi City Municipal

Corporation:

Establishment

of municipal

corporation for

city of Sivakasi.

194

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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

with the corporation, by notiﬁ cation, alter the limits of the city constituted under this

sub-section so as to include therein or to exclude therefrom the areas speciﬁ ed in

the notiﬁ cation:

Provided further that the power to issue a notiﬁ cation 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 Sivakasi municipality, functioning immediately before the date of

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

from such date of the commencement of this Ordinance.

Municipal

authorities.

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

Ordinance shall be,—

(1) a Mayor;

(2) a council;

(3) a standing committee;

(4) a wards committee; and

(5) a commissioner.

Constitution of

council.

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

of such number of councillors elected in the manner laid down in this Ordinance as

may be ﬁ xed by the Government, by notiﬁ cation, 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 ﬁ lled 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 ﬁ fty per cent. of the total number of seats reserved for the persons

belonging to the Scheduled Castes and the Scheduled Tribes.

195

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(6) Seats shall be reserved for women in the council and the number of

seats reserved for women shall not be less than ﬁ fty 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 eﬀ ect on the expiry of the period speciﬁ ed in Article 334 of the Constitution.

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

from the date appointed for its ﬁ rst meeting after each ordinary election and

no longer and the said period of ﬁ ve years shall operate as a dissolution of the

corporation.

Duration of

corporation.

(2) An election to constitute the corporation shall be completed,—

(a) before the expiry of its duration speciﬁ ed in sub-section (1); or

(b) before the expiration of a period of six months from the date of

its dissolution:

Provided that where the remainder of the period for which the dissolved

corporation would have continued, is less than six months, it shall not be necessary

to hold any election, under this sub-section for constituting the corporation for such

period.

Tamil Nadu Act

V of 1920.

7. (1) Subject to the provisions of sub-sections (2) and (3), the

Tamil Nadu District Municipalities Act, 1920 (hereinafter referred to as the “District

Municipalities Act”) shall, with eﬀ ect on and from the date of the commencement

of this Ordinance, cease to apply to the local area comprised within the city of

Sivakasi.

Tamil Nadu

District

Municipalities

Act, 1920 not

to apply.

(2) Such cessor shall not aﬀ ect,—

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

respect of the local area comprised within the city of Sivakasi;

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

oﬀ ence committed against the District Municipalities Act; or

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

may be imposed as if this Ordinance had not been passed.

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

appointments, notiﬁ cations, notices, rules, bye-laws, regulations, orders, directions,

licences, permissions, schemes, forms and powers, made or issued or conferred

under the District Municipalities Act and in force on the date of the commencement

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

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

Sivakasi until they are replaced by the appointments, notiﬁ cations, notices, rules,

bye-laws, regulations, orders, directions, licences, permissions, schemes, forms

and powers to be made or issued or conferred under this Ordinance.

8. (1) Save as otherwise expressly provided herein, all the provisions of the

1981 Act, including the provisions relating to the levy and collection of any tax or

fee are hereby extended to and shall apply, mutatis mutandis to the corporation

and the 1981 Act shall, in relation to the corporation, be read and construed as if

the provisions of this Ordinance had formed part of the 1981 Act.

Application of

provisions of

1981 Act to

corporation.

196

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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

the 1981 Act to the corporation, the Government may, by notiﬁ cation, make such

adaptations and modiﬁ cations 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 modiﬁ cations so made.

(3) Notwithstanding that no provision or insuﬃ cient 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

aﬀ ecting 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 Sivakasi,—

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

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

of Sivakasi and Sivakasi municipality, respectively; and

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

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

Ordinance, be construed as a reference to the Sivakasi Corporation, Corporation

of Sivakasi and Municipal Corporation of Sivakasi, respectively.

Transitional

provisions.

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

and all interests of whatever kind owned by or vested in, or held in trust by or for

the municipal council with all rights of whatever kind used, enjoyed or possessed

by the municipal council as well as all liabilities legally subsisting against the

municipal council, on and from the date of the commencement of this Ordinance

and subject to such directions as the Government may, by general or special

order, give in this behalf, vest with the corporation.

(2) All arrears of taxes or other payments by way of composition for a tax,

or due for expenses or compensation, or otherwise due to the municipal council on

the date of such commencement may be recovered as if they had accrued to the

corporation and may be recovered as if the said arrears or payments had become

due, under the provisions of this Ordinance.

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

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

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

Ordinance and shall continue to be in force accordingly until such taxes, fees and

duties are revised, cancelled or superseded by anything done or any action taken

under this Ordinance.

(4) All proceedings taken by, or against, the municipal council or

authority or any person under the District Municipalities Act may be continued by,

or against, the corporation, authority or person as if the said proceedings had been

commenced under the provisions of this Ordinance.

(5) Any action taken under the District Municipalities Act, by any authority

before the date of such commencement shall be deemed to have been taken

by the authority competent to take such action under this Ordinance as if this

Ordinance had been in force.

197

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(6) Notwithstanding anything contained in this Ordinance, every

oﬃ cer or employee who, immediately before the date of the commencement of

this Ordinance, was in the service of the municipality shall, on and from the date

of such commencement, be deemed to be an oﬃ cer or employee of the corporation:

Provided that—

(a) the terms and conditions applicable to such oﬃ cers 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 oﬃ cer 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 oﬃ cer 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

beneﬁ ts as may be prescribed.

(7) Any division of the Sivakasi municipality into wards, made under the

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

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

(8) The electoral roll prepared for the Sivakasi municipality under the

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

Ordinance, shall be deemed to be the electoral roll for the corporation until a new

electoral roll is prepared and published and the part of the said electoral roll relating

to each ward of the municipality shall be deemed to be the list of the electoral roll

for the corresponding division of the corporation.

10. (1) There shall be appointed by the Government, by notiﬁ cation, a Special

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

Appointment of

Special Oﬃ cer.

(a) the council,

(b) the standing committee,

(d) the wards committee.

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

discharge the functions,—

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

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

appointed by the corporation; and

the Government and such oﬃ cer may, if the Government so direct, receive

remuneration for his services from the municipal fund.

(3) Until a new Special Oﬃ cer is appointed by the Government under

sub-section (1), the Special Oﬃ cer of the municipality functioning immediately

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

Special Oﬃ cer 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 Oﬃ cer appointed under sub-section (1).

198

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(4) The Special Oﬃ cer referred to in sub-section (1) or in sub-section

(3) shall hold oﬃ ce until the day on which the ﬁ rst meeting of the council is held

after ordinary elections to the corporation.

Power to make

rules.

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

this Ordinance.

(2) (a) All rules made under this Ordinance shall be published in the

Tamil Nadu Government Gazette and, unless they are expressed to come into

force on a particular day, shall come into force on the day on which they are so

published.

(b) All notiﬁ cations issued under this Ordinance shall, unless they

are expressed to come into force on a particular day, come into force on the day

on which they are so published.

(3) Every rule made or notiﬁ cation or order issued under this Ordinance

shall, as soon as possible, after it is made or issued, be placed on the table of

the Legislative Assembly, and if, before the expiry of the session in which it is so

placed or the next session, the Assembly makes any modiﬁ cation in any such

rule or notiﬁ cation or order, or the Assembly decides that the rule or notiﬁ cation or

order should not be made or issued, the rule or notiﬁ cation or order shall thereafter

have eﬀ ect only in such modiﬁ ed form or be of no eﬀ ect, as the case may be, so,

however, that any such modiﬁ cation or annulment shall be without prejudice to the

validity of anything previously done under that rule or notiﬁ cation or order.

Power to remove

diﬃ culties.

12. If any diﬃ culty arises in giving eﬀ ect to the provisions of this Ordinance, the

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

make such provisions not inconsistent with the provisions of this Ordinance as

appear to them to be necessary or expedient for removing the diﬃ culty.

20th October 2021.

R. N. RAVI,

Governor of Tamil Nadu.

199

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

EXPLANATORY STATEMENT.

As per the 2011 population census, the percentage of urban population in the State of Tamil Nadu was 48.45.

Now the percentage of population living in urban areas to the total population has increased over 53 per cent. It has

therefore become essential to merge the areas having urban characteristics adjoining Corporations and Municipalities with

the respective urban local bodies and to create necessary infrastructure in those areas.

2. Based on this, the Hon’ble Minister for Municipal Administration, among other things, has made an

announcement on the ﬂ oor of the Legislative Assembly during the Demand for Grant of this department for the year

2021-2022, that, Sivakasi Special Grade Municipality and the adjoining urbanised Local Bodies will be merged and

upgraded as Sivakasi City Municipal Corporation. Accordingly, as an initial measure of achieving the above objective, the

Government have decided to upgrade the Sivakasi Special Grade Municipality with its present territorial limits, as Sivakasi

City Municipal Corporation.

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

City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981), with such modiﬁ cations as are necessary.

4. The Ordinance seeks to give eﬀ ect to the above decision.

(By Order of the Governor)

C. GOPI RAVIKUMAR,

Secretary to Government (Legislation),

Law Department.

201

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

The following Ordinance which was promulgated by the Governor on the

20th October 2021 is hereby published for general information:—

TAMIL NADU ORDINANCE No. 4 OF 2021.

An Ordinance to provide for the establishment of a Municipal Corporation for

the city of Karur.

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) This Ordinance may be called the Karur City Municipal Corporation

Ordinance, 2021.

Short title,

extent and

commence-

ment.

(2) It extends to the city of Karur.

(3) It shall come into force at once.

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

Deﬁ nitions.

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

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

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

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

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

under section 3;

(d) “Government” means the State Government;

(e) “municipal council” means the municipal council of Karur

municipality;

(f) “municipality” means the Karur 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.

Tamil Nadu Act

25 of 1981.

(2) All words and expressions used in this Ordinance and not deﬁ ned but

deﬁ ned in the Coimbatore City Municipal Corporation Act, 1981 (hereinafter referred

to as the “1981 Act”), shall have the meanings, respectively, assigned to them in the

1981 Act.

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

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

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

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

the said city by the name of Karur City Municipal Corporation:

Establishment

of municipal

corporation

for city of

Karur.

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

with the corporation, by notiﬁ cation, alter the limits of the city constituted under this

sub-section so as to include therein or to exclude therefrom the areas speciﬁ ed in

the notiﬁ cation:

202

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Provided further that the power to issue a notiﬁ cation 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 Karur municipality, functioning immediately before the date of the

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

such date of the commencement of this Ordinance.

Municipal

authorities.

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

Ordinance shall be,—

(1) a Mayor;

(2) a council;

(3) a standing committee;

(4) a wards committee; and

(5) a commissioner.

Constitution of

council.

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

of such number of councillors elected in the manner laid down in this Ordinance as

may be ﬁ xed by the Government, by notiﬁ cation, 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 ﬁ lled 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 ﬁ fty

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 ﬁ fty 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 eﬀ ect on the expiry of the period speciﬁ ed in Article 334 of the Constitution.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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

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

and the said period of ﬁ ve years shall operate as a dissolution of the corporation.

Duration of

corporation.

(2) An election to constitute the corporation shall be completed,—

(a) before the expiry of its duration speciﬁ ed in sub-section (1); or

(b) before the expiration of a period of six months from the date of its

dissolution:

Provided that where the remainder of the period for which the dissolved

corporation would have continued, is less than six months, it shall not be necessary

to hold any election, under this sub-section for constituting the corporation for such

period.

Tamil Nadu Act

V of 1920.

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

District Municipalities Act, 1920 (hereinafter referred to as the “District Municipalities

Act”) shall, with eﬀ ect on and from the date of the commencement of this Ordinance,

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

Tamil Nadu

District

Municipalities

Act, 1920 not

to apply.

(2) Such cessor shall not aﬀ ect,—

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

of the local area comprised within the city of Karur;

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

oﬀ ence committed against the District Municipalities Act; or

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

may be imposed as if this Ordinance had not been passed.

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

appointments, notiﬁ cations, notices, rules, bye-laws, regulations,orders,

directions, licences, permissions, schemes, forms and powers, made or issued

or conferred under the District Municipalities Act and in force on the date of the

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

provisions of this Ordinance, continue to be in force in the local area comprised within

the city of Karur until they are replaced by the appointments, notiﬁ cations, notices,

rules, bye-laws, regulations, orders, directions, licences, permissions, schemes,

forms and powers to be made or issued or conferred under this Ordinance.

(1) Save as otherwise expressly provided herein, all the provisions of the

1981 Act, including the provisions relating to the levy and collection of any tax or

fee are hereby extended to and shall apply, mutatis mutandis to the corporation and

the 1981 Act shall, in relation to the corporation, be read and construed as if the

provisions of this Ordinance had formed part of the 1981 Act.

Application of

provisions of

1981 Act to

corporation.

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

the 1981 Act to the corporation, the Government may, by notiﬁ cation, make such

adaptations and modiﬁ cations 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

modiﬁ cations so made.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(3) Notwithstanding that no provision or insuﬃ cient 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

aﬀ ecting 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 Karur,—

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

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

of Karur and Karur municipality, respectively; and

(b) any reference to the Coimbatore Corporation, Corporation

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

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

Karur and Municipal Corporation of Karur, respectively.

Transitional

provisions.

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

and all interests of whatever kind owned by or vested in, or held in trust by or for

the municipal council with all rights of whatever kind used, enjoyed or possessed by

the municipal council as well as all liabilities legally subsisting against the municipal

council, on and from the date of the commencement of this Ordinance and subject

to such directions as the Government may, by general or special order, give in this

behalf, vest with the corporation.

(2) All arrears of taxes or other payments by way of composition for a tax,

or due for expenses or compensation, or otherwise due to the municipal council on

the date of such commencement may be recovered as if they had accrued to the

corporation and may be recovered as if the said arrears or payments had become

due, under the provisions of this Ordinance.

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

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

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

Ordinance and shall continue to be in force accordingly until such taxes, fees and

duties are revised, cancelled or superseded by anything done or any action taken

under this Ordinance.

(4) All proceedings taken by, or against, the municipal council or authority or

any person under the District Municipalities Act may be continued by, or against, the

corporation, authority or person as if the said proceedings had been commenced

under the provisions of this Ordinance.

(5) Any action taken under the District Municipalities Act, by any authority

before the date of such commencement shall be deemed to have been taken by the

authority competent to take such action under this Ordinance as if this Ordinance

had been in force.

(6) Notwithstanding anything contained in this Ordinance, every oﬃ cer

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

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

commencement, be deemed to be an oﬃ cer or employee of the corporation:

Provided that—

(a) the terms and conditions applicable to such oﬃ cers 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

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(b) the service rendered by any such oﬃ cer 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 oﬃ cer 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

beneﬁ ts as may be prescribed.

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

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

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

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

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

shall be deemed to be the electoral roll for the corporation until a new electoral roll

is prepared and published and the part of the said electoral roll relating to each

ward of the municipality shall be deemed to be the list of the electoral roll for the

corresponding division of the corporation.

10. (1) There shall be appointed by the Government, by notiﬁ cation, a Special

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

Appointment

of Special

Oﬃ cer.

(a) the council,

(b) the standing committee,

(d) the wards committee.

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

discharge the functions,—

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

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

by the corporation; and

Government and such oﬃ cer may, if the Government so direct, receive remuneration

for his services from the municipal fund.

(3) Until a new Special Oﬃ cer is appointed by the Government under

sub-section (1), the Special Oﬃ cer of the municipality functioning immediately

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

Special Oﬃ cer 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 Oﬃ cer appointed under sub-section (1).

(4) The Special Oﬃ cer referred to in sub-section (1) or in sub-section (3)

shall hold oﬃ ce until the day on which the ﬁ rst meeting of the council is held after

ordinary elections to the corporation.

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

Ordinance.

Power to make

rules.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(2) (a) All rules made under this Ordinance shall be published in the

Tamil Nadu Government Gazette and, unless they are expressed to come into force

on a particular day, shall come into force on the day on which they are so published.

(b) All notiﬁ cations issued under this Ordinance shall, unless they

are expressed to come into force on a particular day, come into force on the day on

which they are so published.

(3) Every rule made or notiﬁ cation or order issued under this Ordinance

shall, as soon as possible, after it is made or issued, be placed on the table of

the Legislative Assembly, and if, before the expiry of the session in which it is so

placed or the next session, the Assembly makes any modiﬁ cation in any such rule

or notiﬁ cation or order, or the Assembly decides that the rule or notiﬁ cation or order