No. 530]

CHENNAI, WEDNESDAY, NOVEMBER 3, 2021

Aippasi 17, 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.3.20 Paise.

Part IV—Section 2

Tamil Nadu Acts and Ordinances

Ex-IV-2—530--1

[213]

The following Ordinance which was promulgated by the Governor on

the 3rd November 2021 is hereby published for general information:—

TAMIL NADU ORDINANCE No. 5 OF 2021.

An Ordinance to provide for the establishment of a Municipal

Corporation for the city of Tambaram.

WHEREAS the Legislative Assembly of the State is not in session

and the Governor of Tamil Nadu is satisfied that circumstances exist which

render it necessary for him to take immediate action for the purposes

hereinafter appearing;

NOW, THEREFORE, in exercise of the powers conferred by clause

(1) of Article 213 of the Constitution, the Governor hereby promulgates

the following Ordinance:—

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

Corporation Ordinance, 2021.

Short title,

extent and

commencement.

(2) It extends to the city of Tambaram.

(3) It shall come into force at once.

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

Definitions.

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

in the Tambaram 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 Tambaram

constituted under section 3;

Tambaram;

(d) “Government” means the State Government;

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

municipality;

(f) “municipality” means the Tambaram 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.

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Tamil Nadu Act

25 of 1981.

(2) All words and expressions used in this Ordinance and

not defined but defined 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 effect on and from the date of the commencement of this

Ordinance, the local area included in the Tambaram municipality shall

constitute the city of Tambaram 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 Tambaram City Municipal Corporation:

Establishment

of municipal

corporation for

city of Tambaram.

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

consultation with the corporation, by notification, alter the limits of the city

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

therefrom the areas specified in the notification:

Provided further that the power to issue a notification under this

sub-section shall be subject to previous publication.

(2) The corporation shall, by the said name, be a body corporate,

having perpetual succession and a common seal with power to acquire,

hold and dispose of property and to enter into contracts and may by its

corporate name, sue and be sued.

(3) The Tambaram 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.

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

shall consist of such number of councillors elected inthe manner laid down

in this Ordinance as may be fixed by the Government, by notification,

from time to time, so, however, that the total number of councillors of the

council shall not exceed seventy-two at any time.

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.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(4) Seats shall be reserved for the persons belonging to

the Scheduled Castes and the Scheduled Tribes in the council and the

number of seats so reserved shall bear, as nearly as may be, the same

proportion to the total number of seats to be filled by direct election in the

council as the population of the Scheduled Castes in the city or of the

Scheduled Tribes in the city bears to the total population of the city.

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

Scheduled Castes and the Scheduled Tribes, from among the seats

reserved for the persons belonging to the Scheduled Castes and the

Scheduled Tribes, which shall not be less than fifty per cent. of the total

number of seats reserved for the persons belonging to the Scheduled

Castes and the Scheduled Tribes.

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

the number of seats reserved for women shall not be less than fifty per

cent. including the number of seats reserved for women belonging to the

Scheduled Castes and Scheduled Tribes of the total number of seats in

the council.

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

shall cease to have effect on the expiry of the period specified in Article

334 of the Constitution.

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

for five years from the date appointed for its first meeting after each

ordinary election and no longer and the said period of five years shall

operate as a dissolution of the corporation.

Duration of

corporation.

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

(a) before the expiry of its duration specified in sub-section

(1); or

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

date of its dissolution:

Provided that where the remainder of the period for which the

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

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

constituting the corporation for such period.

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 effect on and from the date of

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

comprised within the city of Tambaram.

Tamil Nadu District

Municipalities Act,

1920 not to apply.

(2) Such cessor shall not affect,—

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

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

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

of any offence 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.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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

appointments, notifications, notices, rules, bye-laws,regulations, orders,

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

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

the date of the commencement of this 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 Tambaram until they

are replaced by the appointments, notifications, notices, rules, bye-laws,

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

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

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

of the 1981 Act to the corporation, the Government may, by notification,

make such adaptations and modifications of the 1981 Act and the rules

and bye-laws made thereunder, whether by way of repealing, amending

or suspending any provisions thereof, as may be necessary or expedient

and thereupon, the 1981 Act and the rules made thereunder, shall apply

to the corporation subject to the adaptations and modifications so made.

(3) Notwithstanding that no provision or insufficient provision has

been made under sub-section (2) for the adaptation of the provisions of

the 1981 Act, or the rules and bye-laws made thereunder, any court,

tribunal or authority required or empowered to enforce these provisions

may, for the purpose of facilitating their application to the corporation,

construe these provisions in such manner, without affecting the substance,

as may be necessary or proper having regard to the matter before the

court, tribunal or authority.

(4) In the 1981 Act as extended and applied to the city of

Tambaram,—

(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 Tambaram and Tambaram 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 Tambaram

Corporation, Corporation of Tambaram and Municipal Corporation of

Tambaram, 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.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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

such 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 such

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 officer 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

officer or employee of the corporation:

Provided that—

(a) the terms and conditions applicable to such officers and

employees

consequent

their

absorption

the

service

of the corporation shall not be less favourable than those

applicable to such employees immediately before the date of

such commencement, as regards pay and allowances, leave,

pension, gratuity, provident fund and age of superannuation; and

(b) the service rendered by any such officer or other employee

under the municipality upto the date of such commencement shall be

deemed to be service under the corporation and he shall be entitled to

count that service for the purpose of increment, leave, pension, provident

fund and gratuity:

Provided further that any officer or other employee serving in the

municipality shall be given an option to be exercised within such time and

in such manner as may be prescribed either to be absorbed in the service

of the corporation or to be transferred to the service referred to in section

73-A of the District Municipalities Act or to be retrenched from the service

of the municipality on such retrenchment benefits as may be prescribed.

(7) Any division of the Tambaram 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.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(8) The electoral roll prepared for the Tambaram 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 electoral roll relating to each ward of the municipality

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

division of the corporation.

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

Special Officer to exercise the powers, perform the duties and discharge

the functions of—

Appointment of

Special Officer.

(a) the council,

(b) the standing committee,

(d) the wards committee.

(2) The Special Officer shall exercise the powers, perform the

duties and discharge the functions,—

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

office;

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

appointed by the corporation; and

by the Government and such officer may, if the Government so direct,

receive remuneration for his services from the municipal fund.

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

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

immediately before the date of commencement of this Ordinance shall be

deemed to be the Special Officer of the corporation and he shall exercise

the powers and perform the duties and discharge the functions as those

exercised, performed and discharged by the Special Officer appointed

under sub-section (1).

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

section (3) shall hold office until the day on which the first meeting of the

council is held after ordinary elections to the corporation.

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

of this Ordinance.

Power to make

rules.

(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 notifications 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 notification 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 modification in any such rule or notification or order, or the

Assembly decides that the rule or notification or order should not be made

or issued, the rule or notification or order shall thereafter have effect only

in such modified form or be of no effect, as the case may be, so, however,

that any such modification or annulment shall be without prejudice to the

validity of anything previously done under that rule or notification or order.

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EXPLANATORY STATEMENT.

Considering the rapid pace of urbanisation in the State, it is imperative to reorganise the urban local

bodies. Accordingly, the Hon’ble Minister for Municipal Administration, among other things, has made an

announcement on the floor of the Legislative Assembly during the Demand for Grant of this department for

the year 2021-22, to the effect that, Tambaram Municipality and adjoining four Municipalites, Town Panchayats

and Village Panchayats will be merged to form a City Municipal Corporation.

2. The Municipalities of Tambaram, Pallavapuram, Pammal, Anakaputhur and Sembakkam and the Town

Panchayats of Chitlapakkam, Madambakkam, Perungaluthur, Peerkangaranai and Tiruneermalai located at

south of Chennai City are urbanising rapidly and they are contiguous. Further, there is a need to upgrade the

civic infrastructure such as street lights, water supply, sewerage, solid waste management and roads in these

localities, in order to fulfill the aspirations of the people. Better administrative structure, human resources

and integrated planning is required to address these issues. Hence, consolidation of these local bodies into

a single larger urban local body, namely, City Municipal Corporation is considered to be essential. Besides

offering an appropriate administrative set up, it will help in optimising the resources for effective delivery of

services to the general public.

3. Based on the aforesaid announcement of the Hon’ble Minister in the Assembly and in view of the foregoing

circumstances the Government, by following due procedure mandated by relevant statutory provisions have

notified the inclusion of the Municipalities of Pallavapuram, Pammal, Anakaputhur and Sembakkam and the

Town Panchayats of Chitlapakkam, Madambakkam, Perungaluthur, Peerkangaranai and Tiruneermalai within

the limits of Tambaram Municipality, so as to form the same as Tambaram City Municipal Corporation.

4. Accordingly, for the constitution and administration of Tambaram City Municipal Corporation, the

Government have decided to undertake a legislation adapting the provisions of the Coimbatore City Municipal

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

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

(By order of the Governor)

C. GOPI RAVIKUMAR,

Secretary to Government (Legislation),

Law Department.

PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU