TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 16]

CHENNAI, THURSDAY, JANUARY 6, 2022

Margazhi 22, Pilava, Thiruvalluvar Aandu-2052

Part IV—Section 1

Tamil Nadu Bills

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

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2022

[Price: Rs. 24.80 Paise.

[1]

Ex-IV-1-16—E

Contents

BILLS:

Pages

No. 1 of 2022—The Cuddalore City Municipal Corporation Act, 2022 .. ..

2-10

No. 2 of 2022—The Kancheepuram City Municipal Corporation Act, 2022 ..

11-20

No. 3 of 2022—The Sivakasi City Municipal Corporation Act, 2022 .. ..

21-30

No. 4 of 2022—The Karur City Municipal Corporation Act, 2022 .. ..

31-40

No. 5 of 2022—The Tambaram City Municipal Corporation Act, 2022 .. ..

41-50

No. 6 of 2022—The Kumbakonam City Municipal Corporation Act, 2022 .. ..

51-60

No. 7 of 2022—The Tamil Nadu Town and Country Planning (Amendment)

Act, 2022 .. .. .. ..

61-62

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

BILLS INTRODUCED IN THE LEGISLATIVE ASSEMBLY

OF THE STATE OF TAMIL NADU

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill

which was introduced in the Legislative Assembly of the State of Tamil Nadu on

6th January, 2022 is published together with Statement of Objects and Reasons

for general information:—

L.A. Bill No. 1 of 2022

A BILL TO PROVIDE FOR THE ESTABLISHMENT

OF A MUNICIPAL CORPORATION FOR THE CITY OF CUDDALORE.

Be it enacted by the Legislative Assembly of the State of

Tamil Nadu in the Seventy-second Year of the Republic of India as

follows:—

Short title,

extent and

commence-

ment.

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

Corporation Act, 2022.

(2) It extends to the city of Cuddalore.

(3) It shall be deemed to have come into force on the 21st day of

October 2021.

Definitions.

2. (1) In this Act, 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 Act, is included in the city but does not

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

Act, is excluded from the city;

(b) “corporation” means the municipal corporation of

Cuddalore established 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 Act 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.

Tamil Nadu Act

25 of 1981.

Establishment

of Municipal

Corporation

for City of

Cuddalore.

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

Act, the local area included in the Cuddalore municipality shall constitute

the city of Cuddalore for the purposes of this Act and from such date of

the commencement of this Act, a municipal corporation shall be deemed

to have been established for the said city by the name of Cuddalore City

Municipal Corporation:

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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 Cuddalore municipality, functioning immediately before

the date of the commencement of this Act, shall be deemed to have been

abolished from such date of the commencement of this Act.

4. The municipal authorities charged with carrying out the provisions

of this Act shall be,—

Municipal

authorities.

(a) a Mayor;

(b) a council;

(d) a wards committee; and

(e) a commissioner.

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 Act 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.

(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.

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 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.

Duration of

corporation.

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.

(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

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 effect on and from the date of the

commencement of this Act, cease to apply to the local area comprised

within the city of Cuddalore.

Tamil Nadu Act

V of 1920.

(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 Cuddalore;

(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 Act had not been passed.

(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 Act shall, so far as they are

not inconsistent with the provisions of this Act, continue to be in force in the

local area comprised within the city of Cuddalore 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 Act.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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 Act 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

Cuddalore,—

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

municipality, shall by reason of this Act, 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 Act, 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 Act 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 Act.

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

date of the commencement of this Act were being levied by the municipal

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

the provisions of this Act 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 Act.

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 such

proceedings had been commenced under the provisions of this Act.

(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

Act as if this Act had been in force.

(6) Notwithstanding anything contained in this Act, every officer

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

this Act, 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 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 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 Cuddalore municipality into wards,

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

the commencement of this Act 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 Act, 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 Officer.

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—

(a) the council,

(b) the standing committee,

(d) the wards committee.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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 Act 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 appointed under sub-section (1) shall

hold office for six months from the date of his appointment or until the day

on which the first meeting of the council is held after ordinary elections to

the corporation, whichever is earlier.

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

of this Act.

Power to make

rules.

(2) (a) All rules made under this Act 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 Act 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

Act 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.

12. If any difficulty arises in giving effect to the provisions of this Act,

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

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

Act as appear to them to be necessary or expedient for removing the

difficulty:

Power to remove

difficulties.

Provided that no such order shall be made after the expiry of two

years from the date of the commencement of this Act.

Tamil Nadu

Ordinance 1 of

2021.

13. (1) The Cuddalore City Municipal Corporation Ordinance, 2021 is

hereby repealed.

Repeal and

saving.

(2) Notwithstanding such repeal, anything done, any action taken

or any direction given under the said Ordinance, shall be deemed to have

been done, taken or given under this Act.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS.

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, made an

announcement on the floor 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 decided to upgrade the Cuddalore Special Grade Municipality

with its present territorial limits, as Cuddalore City Municipal Corporation.

3. The Government, 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

modifications as are necessary. Accordingly, the Hon’ble Governor promulgated the Cuddalore City

Municipal Corporation Ordinance, 2021 (Tamil Nadu Ordinance 1 of 2021) on the 20th October

2021 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the

21st October 2021.

4. The Bill seeks to replace the said Ordinance.

K.N. NEHRU,

Minister for Municipal Administration.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

STATEMENT UNDER RULE 168 OF THE TAMIL NADU LEGISLATIVE ASSEMBLY RULES

EXPLAINING THE CIRCUMSTANCES WHICH NECESSITATED THE PROMULGATION

OF THE CUDDALORE CITY MUNICIPAL CORPORATION ORDINANCE, 2021 (TAMIL NADU

ORDINANCE 1 OF 2021).

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, made an

announcement on the floor 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 decided to upgrade the Cuddalore Special Grade Municipality

with its present territorial limits, as Cuddalore City Municipal Corporation.

3. The Government, 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 modifications as are necessary.

4. As the Legislative Assembly of the State was not in session at that time, it became necessary to

promulgate an Ordinance to give effect to the above decision. Accordingly, the Cuddalore City Municipal

Corporation Ordinance, 2021 (Tamil Nadu Ordinance 1 of 2021) was promulgated by the Hon’ble Governor

on the 20th October 2021 and the same was published in the Tamil Nadu Government Gazette Extraordinary,

dated the 21st October 2021.

K.N. NEHRU,

Minister for Municipal Administration.

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill

which was introduced in the Legislative Assembly of the State of Tamil Nadu on

6th January, 2022 is published together with Statement of Objects and Reasons

for general information:—

L.A. Bill No. 2 of 2022

A BILL TO PROVIDE FOR THE ESTABLISHMENT

OF A MUNICIPAL CORPORATION FOR THE CITY OF

KANCHEEPURAM.

Be it enacted by the Legislative Assembly of the State of

Tamil Nadu in the Seventy-second Year of the Republic of India as

follows:—

1. (1) This Act may be called the Kancheepuram City

Municipal Corporation Act, 2022.

Short title, extent and

commencement.

(2) It extends to the city of Kancheepuram.

(3) It shall be deemed to have come into force on the

21st day of October 2021.

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

Definitions.

(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

Act, is included in the city but does not include any local area which,

after such date of the commencement of this Act, is excluded from

the city;

(b) “corporation” means the municipal corporation of

Kancheepuram established under section 3;

corporation of 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 Act 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.

(1) With effect on and from the date of the commencement

of this Act, the local area included in the Kancheepuram municipality

shall constitute the city of Kancheepuram for the purposes of this

Act and from such date of the commencement of this Act, 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

Kancheepuram.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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

Kancheepuram

municipality,

functioning

immediately before the date of the commencement of this Act,

shall be deemed to have been abolished from such date of the

commencement of this Act.

Municipal authorities.

4. The municipal authorities charged with carrying out the

provisions of this Act 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 Act 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.

(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 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.

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 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.

(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 Act, 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 affect,—

(a) the

operation

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 offence committed against the District Municipalities

Act; or

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

penalty, forfeiture or punishment may be imposed as if this Act had

not been passed.

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 Act shall, so far as they are not inconsistent with the provisions

of this Act, continue to be in force in the local area comprised

within the city of Kancheepuram 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 Act.

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 Act 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 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

Kancheepuram,—

(a) any reference to the city of Coimbatore and

Coimbatore municipality, shall by reason of this Act, 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 Act, 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 Act and

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

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

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 Act.

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

the date of the commencement of this Act were being levied by

the municipal council shall be deemed to have been levied by the

corporation under the provisions of this Act 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 Act.

(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 Act.

(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 Act as if this Act had been in force.

(6) Notwithstanding anything contained in this Act,

every officer or employee who, immediately before the date of the

commencement of this Act, 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 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 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 Kancheepuram municipality into

wards, made under the District Municipalities Act, and in force on

the date of the commencement of this Act shall be deemed to be a

division of the corporation until altered.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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 Act, 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 Officer.

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—

(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 Act 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 appointed under sub-section (1)

shall hold office for six months from the date of his appointment or

until the day on which the first meeting of the council is held after

ordinary elections to the corporation, whichever is earlier.

Power to make rules.

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

purposes of this Act.

(2) (a) All rules made under this Act 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 Act 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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(3) Every rule made or notification or order issued under

this Act 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.

12. If any difficulty arises in giving effect to the provisions

of this Act, the Government may, by an order published in the

Tamil Nadu Government Gazette, make such provisions not

inconsistent with the provisions of this Act as appear to them to be

necessary or expedient for removing the difficulty:

Power to remove

difficulties.

Provided that no such order shall be made after the expiry of

two years from the date of the commencement of this Act.

Tamil Nadu

Ordinance

2 of 2021.

13. (1) The Kancheepuram City Municipal Corporation

Ordinance, 2021 is hereby repealed.

Repeal and

saving.

(2) Notwithstanding such repeal, anything done, any

action taken or any direction given under the said Ordinance,

shall be deemed to have been done, taken or given under this Act.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS.

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

provided towards fulfillment 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, made an announcement on the floor 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 decided to upgrade the Kancheepuram Special Grade Municipality with its territorial limits as

Kancheepuram City Municipal Corporation.

2. The Government, 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 modifications as are

necessary. Accordingly, the Hon’ble Governor promulgated the Kancheepuram City Municipal Corporation

Ordinance, 2021 (Tamil Nadu Ordinance 2 of 2021) on the 20th October 2021 and the same was published in the

Tamil Nadu Government Gazette Extraordinary, dated the 21st October 2021.

3. The Bill seeks to replace the said Ordinance.

K.N. NEHRU,

Minister for Municipal Administration.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

STATEMENT UNDER RULE 168 OF THE TAMIL NADU LEGISLATIVE ASSEMBLY RULES

EXPLAINING

THE

CIRCUMSTANCES

WHICH

NECESSITATED

THE

PROMULGATION

THE

KANCHEEPURAM

CITY

MUNICIPAL

CORPORATION

ORDINANCE,

2021

(TAMIL NADUORDINANCE 2 OF 2021).

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

provided towards fulfillment 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, made an announcement on the floor 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 decided to upgrade the Kancheepuram Special Grade Municipality with its territorial limits as

Kancheepuram City Municipal Corporation.

2. The Government, 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 modifications as are necessary.

3. As the Legislative Assembly of the State was not in session at that time, it became necessary to

promulgate an Ordinance to give effect to the above decision. Accordingly, the Kancheepuram City Municipal

Corporation Ordinance, 2021 (Tamil Nadu Ordinance 2 of 2021) was promulgated by the Hon’ble Governor on the

20th October 2021 and the same was published in the Tamil Nadu Government Gazette Extraordinary,

dated the 21st October 2021.

K.N. NEHRU,

Minister for Municipal Administration.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the

following Bill which was introduced in the Legislative Assembly of the

Tamil Nadu on 6th January, 2022 is published together with Statement of

Objects and Reasons for general information:—

L.A. Bill No. 3 of 2022

A BILL TO PROVIDE FOR THE ESTABLISHMENT OF A

MUNICIPAL CORPORATION FOR THE CITY OF SIVAKASI.

Be it enacted by the Legislative Assembly of the State of

Tamil Nadu in the Seventy-second Year of the Republic of India as

follows:—

(1) This Act may be called the Sivakasi City Municipal

Corporation Act, 2022.

Short title, extent and

commencement.

(2) It extends to the city of Sivakasi.

(3) It shall be deemed to have come into force on the

21st day of October 2021.

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

Definitions.

(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 Act, is included

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

of the commencement of this Act, is excluded from the city;

(b) “corporation” means the municipal corporation of

Sivakasi established under section 3;

corporation of 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 Act 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.

(1) With effect on and from the date of the commencement

of this Act, the local area included in the Sivakasi municipality shall

constitute the city of Sivakasi for the purposes of this Act and from

such date of the commencement of this Act, 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.

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:

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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 Sivakasi municipality, functioning immediately

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

to have been abolished from such date of the commencement of

this Act.

Municipal authorities.

4. The municipal authorities charged with carrying out the

provisions of this Act 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 Act 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.

(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 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.

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

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.

(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 Act, 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 affect,—

(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 offence committed against the District Municipalities

Act; or

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

penalty, forfeiture or punishment may be imposed as if this Act had

not been passed.

(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 Act shall,

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

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

Sivakasi 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 Act.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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 Act 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 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

Sivakasi,—

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

municipality, shall by reason of this Act, 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 Act, 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 Act 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 Act.

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

the date of the commencement of this Act were being levied by

the municipal council shall be deemed to have been levied by the

corporation under the provisions of this Act 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 Act.

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 such proceedings had been commenced under the

provisions of this Act.

(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 Act as if this Act had been in force.

(6) Notwithstanding anything contained in this Act, every

officer or employee who, immediately before the date of the

commencement of this Act, 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 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 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 Sivakasi municipality into wards,

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

of the commencement of this Act 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 Act, 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,

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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

is appointed 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 Act 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 appointed under sub-section (1)

shall hold office for six months from the date of his appointment or

until the day on which the first meeting of the council is held after

ordinary elections to the corporation, whichever is earlier.

Power to make rules.

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

purposes of this Act.

(2) (a) All rules made under this Act 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.