No. 602]

CHENNAI, MONDAY, DECEMBER 20, 2021

Margazhi 5, 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—602--1

[223]

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;

of Kumbakonam;

(d) “Government” means the State Government;

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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.

(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

Kumbakonam.

3. (1) With eﬀ ect 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

authorities.

4. The municipal authorities charged with carrying out the

provisions of this Ordinance shall be,—

(a) a Mayor;

(b) a council;

(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.

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(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.

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 Kumbakonam.

Tamil Nadu

District

Municipalities

Act, 1920 not

to apply.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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 Kumbakonam;

(b) any penalty, forfeiture or punishment incurred in

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

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 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

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; and

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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.

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

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

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 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,

(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

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).

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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 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.

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 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.

R.N. RAVI,

20th December 2021.

Governor of Tamil Nadu.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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 eﬀ ect 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 eﬀ ect 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