Tamil Nadu Ordinance No. 7 of 2021

©

GOVERNMENT OF TAMIL NADU

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

[R. Dis. No. 197/2009.

[Price: Rs. 3.20 Paise.

No. 602] CHENNAI, MONDAY, DECEMBER 20, 2021 Margazhi 5, Pilava, Thiruvalluvar Aandu–2052

Part IV—Section 2

Tamil Nadu Acts and Ordinances

The following Ordinance which was promulgated by the Governor on the 20th December 2021 is hereby published for general information:—

TAMIL NADU ORDINANCE No. 7 OF 2021.

An Ordinance to provide for the establishment of a Municipal

Corporation for the city of Kumbakonam.

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 Kumbakonam City

Municipal Corporation Ordinance, 2021.

Short title, extent and commence- ment.

(2) It extends to the city of Kumbakonam.

(3) It shall come into force at once.

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

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

Kumbakonam established under section 3;

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

of Kumbakonam;

(d) "Government" means the State Government;

[223]

Ex-IV-2—602--1224 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY (e) "municipal council" means the municipal council of

Kumbakonam municipality;

(f) "municipality" means the Kumbakonam 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.

Establishment

of municipal

corporation

for city of

Kumbakonam.

3. (1) With effect on and from the date of the commencement of this Ordinance, the local area included in the Kumbakonam municipality shall constitute the city of Kumbakonam 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 Kumbakonam 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:

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 Kumbakonam 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

4. The municipal authorities charged with carrying out the

authorities.

provisions of this Ordinance shall be,—

(a) a Mayor;

(b) a council;

(c) a standing committee;

(d) a wards committee; and

(e) 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 effect 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 Act

Tamil Nadu V of 1920.

District

Municipalities

Act, 1920 not 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 Kumbakonam.

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 Kumbakonam;

(b) any penalty, forfeiture or punishment incurred in respect of any offence committed against the District Municipalities Act; or

(c) any investigation, legal proceedings or remedy in respect of such penalty, forfeiture or punishment, and any such penalty, forfeiture or punishment may be imposed as if this 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 Kumbakonam 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.

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 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

Kumbakonam,—

(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 Kumbakonam and Kumbakonam municipality, respectively; andTAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 227 (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 Kumbakonam Corporation, Corporation of Kumbakonam and Municipal Corporation of Kumbakonam, 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 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 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; and228 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 Kumbakonam 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 Kumbakonam 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.

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,

(c) the commissioner, and

(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

(c) of the commissioner, until a commissioner is appointed by 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 for six months from the date commencement this Ordinance or until the day on which the fi rst meeting of the council is held after ordinary elections to the corporation, which is earlier.

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

rules.

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 effect only in such modifi ed form or be of no effect, 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 effect 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.

R.N. RAVI,

20th December 2021. Governor of Tamil Nadu.

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 fl oor of the Legislative Assembly during the Demand for Grant for the year 2021-22, to the effect that, Kumbakonam Municipality and adjoining urbanised areas will be merged to form a City Municipal Corporation.

2. The Kumbakonam town is known for its renowned Shaivite and Vaishnavite Shrines. The legendary Mahamaham festival, considered as a parallel to the globally famed Kumbh Mela festival, is held in Kumbakonam once in twelve years. It was estimated that, nearly 60 lakh Devotees/People took part in the 2016 Mahamaham festival held in the town. Further, with a number of important temples such as Navagraha temples, Dharasuram Iravatheeswarar temple, Thirunageswaram temple, Upiliappan temple, etc., situated around the town, Kumbakonam is considered as a religious tourism hub. Devotees from far and wide make Kumbakonam town as their place of stay during the religious tour of the region. As a result, the Kumbakonam Municipality and the adjoining areas are urbanising fast. Therefore, in order to address the civic infrastructure requirements of the local population and the visiting devotees, it has become essential to upgrade the Kumbakonam Municipality into a City Municipal Corporation, with the inclusion of adjoining urbanised areas.

3. Based on the aforesaid announcement by the Hon'ble Minister in the Legislative Assembly, and in view of the foregoing circumstances, the Government, by following the due procedure mandated by relevant statutory provisions, have notifi ed the inclusion of Dharasuram Town Panchayat within the limits of Kumbakonam Municipality, so as to constitute Kumbakonam City Municipal Corporation.

4. Accordingly, for the constitution and administration of Kumbakonam 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 modifi cations 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