[9]
IV-2 Ex. (56)—1
©
[Regd. No. TN/CCN/467/2012-14.
GOVERNMENT OF TAMIL NADU
[R. Dis. No. 197/2009.
2022
[Price: Rs. 21.60 Paise.
TAMIL NADU
GOVERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 56]
CHENNAI, FRIDAY, JANUARY 21, 2022
Thai 8, Pilava, Thiruvalluvar Aandu–2053
Part IV—Section 2
Tamil Nadu Acts and Ordinances
Pages.
ACTS:
No. 1 of 2022—The Cuddalore City Municipal Corporation Act, 2022.
10-16
No. 2 of 2022—The Kancheepuram City Municipal Corporation Act, 2022.
17-22
No. 3 of 2022—The Sivakasi City Municipal Corporation Act, 2022.
23-28
No. 4 of 2022—The Karur City Municipal Corporation Act, 2022.
..
29-34
No. 5 of 2022—The Tambaram City Municipal Corporation Act, 2022.
35-40
No. 6 of 2022—The Kumbakonam City Municipal Corporation Act, 2022.
.
41-48
No. 7 of 2022—The Chennai City Police (Extension to the Cities of Avadi and
Tambaram, Act, 2022.
49-56
No. 8 of 2022—TheTamil Nadu Municipal Laws (Amendment) Act, 2022.
.
57-60
No. 9 of 2022—The Tamil Nadu Agricultural Produce Marketing (Regulation)
Amendment Act, 2022.
61
CONTENTS
10
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
The following Act of the Tamil Nadu Legistative Assembly
received the assent of the Governor on the 21st January 2022 and
is hereby published for general information: —
Act No. 1 of 2022
An Act 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
commencement.
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;
(c) “council” means the council of municipal
corporation of 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:
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:
11
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 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.
Municipal
authorities.
4. The municipal authorities charged with carrying out the
provisions of this Act shall be,—
(a) a Mayor;
(b) a council;
(c) a standing committee;
(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.
12
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.
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 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
Cuddalore;
(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 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.
13
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.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(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 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.
15
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
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,
(c) the commissioner, and
(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
(c) of the commissioner, until a commissioner
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.
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.
16
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.
Power to remove
difficulties.
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:
Provided that no such order shall be made after the expiry
of two years from the date of the commencement of this Act.
Repeal and
saving.
13. (1) The Cuddalore City Municipal Corporation Ordinance,
2021 is hereby repealed.
Tamil Nadu
Ordinance 1 of
2021.
(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.
(By order of the Governor)
C. GOPI RAVIKUMAR,
Secretary to Government (Legislation),
Law Department.
17
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
The following Act of the Tamil Nadu Legistative Assembly received
the assent of the Governor on the 21st January 2022 and is hereby
published for general information:—
Act No. 2 of 2022.
An Act 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 Ordinance 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.
2. (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;
(c) “council” means the council of municipal 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.
3. (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 Kanchee-
puram.
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:
18
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 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;
(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
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.
(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.
19
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(7) The reservation of seats under sub-sections (4) and (5) shall
cease to have effect on the expiry of the period specified in Article 334 of the
Constitution.
6. (1) The corporation, unless sooner dissolved, shall continue for five
years from the date appointed for its first meeting after each ordinary election
and no longer and the said period of five years shall operate as a dissolution
of the corporation.
Duration of
corporation.
(2) An election to constitute the corporation shall be completed,—
(a) before the expiry of its duration specified in sub-section (1); or
(b) before the expiration of a period of six months from the date
of its dissolution:
Provided that where the remainder of the period for which the
dissolved corporation would have continued, is less than six months, it shall
not be necessary to hold any election, under this sub-section for constituting
the corporation for such period.
Tamil Nadu Act
V of 1920.
7. (1) Subject to the provisions of sub-sections (2) and (3), the
Tamil Nadu District Municipalities Act, 1920 (hereinafter referred to as the
“District Municipalities Act”) shall, with effect on and from the date of the
commencement of this 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 previous operation of the District Municipalities Act in respect
of the local area comprised within the city of Kancheepuram;
(b) any penalty, forfeiture or punishment incurred in respect of any
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 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 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.
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.
20
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(2) For the purpose of facilitating the application of the provisions of
the 1981 Act to the corporation, the Government may, by 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 Ordinance, be construed as a reference
to the city of Kancheepuram and Kancheepuram municipality, respectively; and
(b) any reference to the Coimbatore Corporation, Corporation
of Coimbatore and Municipal Corporation of Coimbatore, shall by reason
of this 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.
(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.
21
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(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.
(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.
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,
(c) the commissioner, and
(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
(c) of the commissioner, until a commissioner is appointed by
the Government and such officer may, if the Government so direct, receive
remuneration for his services from the municipal fund.
22
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(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 to in 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,
which ever is earlies
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.
(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.
Power to
remove
difficulties.
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.
Provided that no such order shall be made after the expiry of two years
from the date of the commencement of this Act.
Repeal and
saving.
13. (1) The Kancheepuram City Municipal Corporation Ordinance, 2021
is hereby repealed.
Tamil Nadu
Ordinance 2 of
2021.
(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.
(By order of the Governor)
C. GOPI RAVIKUMAR,
Secretary to Government (Legislation),
Law Department.
23
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
The following Act of the Tamil Nadu Legistative Assembly received the
assent of the Governor on the 21st January 2022 and is hereby published
for general information: —
Act No. 3 of 2022.
An Act 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. (1) This Act may be called the Sivakasi City Municipal Corporation
Act, 2022.
Short title,
extent and
commence-
ment.
(2) It extends to the city of Sivakasi.
(3) It shall be deemend to have come into force on the
21st day of October 2021.
2. (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
eastabelished under section 3;
(c) "council" means the council of municipal 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.
3. (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:
24
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;
(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 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.
(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.
25
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
6. (1) The corporation, unless sooner dissolved, shall continue for five
years from the date appointed for its first meeting after each ordinary election and
no longer and the said period of five years shall operate as a dissolution of the
corporation.
Duration of
corporation.
(2) An election to constitute the corporation shall be completed,—
(a) before the expiry of its duration specified in sub-section (1); or
(b) before the expiration of a period of six months from the date of
its dissolution:
Provided that where the remainder of the period for which the dissolved
corporation would have continued, is less than six months, it shall not be necessary
to hold any election, under this sub-section for constituting the corporation for such
period.
Tamil Nadu Act
V of 1920.
7. (1) Subject to the provisions of sub-sections (2) and (3), the
Tamil Nadu District Municipalities Act, 1920 (hereinafter referred to as the “District
Municipalities Act”) shall, with effect on and from the date of the commencement
of this 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
(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 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.
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.
26
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(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.
(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—
27
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(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 said electoral roll relating to each
ward of the municipality shall be deemed to be the list of the electoral roll for the
corresponding division of the corporation.
10. (1) There shall be appointed by the Government, by 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,
(c) the commissioner, and
(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
(c) of the commissioner, until a commissioner 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 which ever
is earlies.
28
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
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.
(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.
Power to remove
difficulties.
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.
Provided that no such order shall be made after the expiry of two years from
the date of the commencement of this Act.
Repeal and
saving.
13. (1) The Sivakasi City Municipal Corporation Act, 2021 is hereby
repealed.
Tamil Nadu Act
2 of 2021.
(2) Not with standing such repeal, anything done, any action taken
or any direction given under the said Act, shall be deemed to have been done,
taken or given under this Act.
(By order of the Governor)
C. GOPI RAVIKUMAR,
Secretary to Government (Legislation),
Law Department.
29
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
The following Act of the Tamil Nadu Legislative Assembly received
the assent of the Governor on the 21st January 2022 and is hereby
published for general information: —
Act No. 4 of 2022.
An Act to provide for the Establishment of a Municipal Corporation
for the City of Karur.
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 Karur City Municipal Corporation Act, 2022.
Short title,
extent and
commence-
ment.
(2) It extends to the city of Karur.
(3) It shall be deemend to have come into force on the
21st day of October 2021.
2. (1) In this Act, unless the context otherwise requires,—
Definitions.
(a) “city of Karur” or “city” means the local area comprised in the Karur
municipality and includes any local area which, after the date of the commencement
of this 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 Karur
established under section 3;
(c) “council” means the council of municipal corporation of Karur;
(d) “Government” means the State Government;
(e) “municipal council” means the municipal council of Karur
municipality;
(f) “municipality” means the Karur municipality;
(g) “Scheduled Castes” and “Scheduled Tribes” shall have the
meanings, respectively, assigned to them in clauses (24) and (25) of Article 366 of
the Constitution.
Tamil Nadu Act
25 of 1981.
(2) All words and expressions used in this 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.
3. (1) With effect on and from the date of the commencement of this Act,
the local area included in the Karur municipality shall constitute the city of Karur 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 Karur City Municipal Corporation:
Establishment
of municipal
corporation
for city of
Karur.
Provided that the Government may, from time to time, after consultation
with the corporation, by 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.
30
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(2) The corporation shall, by the said name, be a body corporate,
having perpetual succession and a common seal with power to acquire, hold and
dispose of property and to enter into contracts and may by its corporate name, sue and
be sued.
(3) The Karur municipality, functioning immediately before the
date of the commencement of this 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;
(c) a standing committee;
(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.
(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.
31
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
6. (1) The corporation, unless sooner dissolved, shall continue for five
years from the date appointed for its first meeting after each ordinary election and
no longer and the said period of five years shall operate as a dissolution of the
corporation.
Duration of
corporation.
(2) An election to constitute the corporation shall be completed,—
(a) before the expiry of its duration specified in sub-section (1); or
(b) before the expiration of a period of six months from the date
of its dissolution:
Provided that where the remainder of the period for which the dissolved
corporation would have continued, is less than six months, it shall not be necessary
to hold any election, under this sub-section for constituting the corporation for such
period.
Tamil Nadu Act
V of 1920.
7.
(1) Subject to the provisions of sub-sections (2) and (3), the
Tamil Nadu District Municipalities Act, 1920 (hereinafter referred to as the “District
Municipalities Act”) shall, with effect on and from the date of the commencement of
this Act, cease to apply to the local area comprised within the city of Karur.
Tamil Nadu
District
Municipalities
Act, 1920
not to apply.
(2) Such cessor shall not affect,—
(a) the previous operation of the District Municipalities Act
in respect of the local area comprised within the city of Karur;
(b) any penalty, forfeiture or punishment incurred in respect
of any 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 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 Karur 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.
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.
32
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(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 Karur,—
(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 Karur and Karur municipality, respectively; and
(b) any reference to the Coimbatore Corporation, Corporation of
Coimbatore and Municipal Corporation of Coimbatore, shall by reason of this Act,
be construed as a reference to the Karur Corporation, Corporation of Karur and
Municipal Corporation of Karur, respectively.
Transitional
provisions.
9. (1) All property, all rights of whatever kind, used, enjoyed or possessed by
and all interests of whatever kind owned by or vested in, or held in trust by or for
the municipal council with all rights of whatever kind used, enjoyed or possessed by
the municipal council as well as all liabilities legally subsisting against the municipal
council, on and from the date of the commencement of this 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 the said 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—
33
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(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 Karur 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 Karur 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,
(c) the commissioner, and
(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
(c) of the commissioner, until a commissioner 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).
34
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(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,
which ever is eavlies
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.
(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.
Power to
remove
difficulties.
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.
Provided that no such order shall be made after the expiry of two years from
the date of the commencement of this Act.
Repeal and
saving.
13. (1) The Karur City Municipal Corporation Ordinance, 2021 is hereby
repealed.
Tamil Nadu
Ordinance
4 of 2021.
(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.
(By order of the Governor)
C. GOPI RAVIKUMAR,
Secretary to Government (Legislation),
Law Department.
35
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
The following Act of the Tamil Nadu Legislative Assembly received
the assent of the Governor on the 21st January 2022 and is hereby
published for general information: —
Act No. 5 of 2022
An Act to provide for the Establishment of a Municipal
Corporation for the City of Tambaram.
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 Tambaram City Municipal Corporation
Act, 2022.
Short title,
extent and
commencement.
(2) It extends to the city of Tambaram.
(3) It shall be deemed to have come into force on the 3rd day of
November 2021.
2. (1) In this Act, unless the context otherwise requires,—
Definitions.
(a) “city of Tambaram” or “city” means the local area comprised
in the Tambaram municipality and includes any local area which, after the
date of the commencement of this 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 Tambaram
established under section 3;
(c) "council" means the council of municipal corporation of
Tambaram;
(d) “Government” means the State Government;
(e) “municipal council” means the municipal council of Tambaram
municipality;
(f) “municipality” means the Tambaram municipality;
(g) “Scheduled Castes” and "Scheduled Tribes" shall have the
meanings, respectively, assigned to them in clauses (24) and (25) of
Article 366 of the Constitution.
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.
3. (1) With effect on and from the date of the commencement of this
Act, the local area included in the Tambaram municipality shall constitute
the city of Tambaram 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 Tambaram City
Municipal Corporation:
Establishment
of municipal
corporation for
city of Tambaram.
Provided that the Government may, from time to time, after
consultation with the corporation, by notification, alter the limits of the city
constituted under this sub-section so as to include therein or to exclude
therefrom the areas specified in the notification:
Provided further that the power to issue a notification under this
sub-section shall be subject to previous publication.
36
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(2) The corporation shall, by the said name, be a body
corporate, having perpetual succession and a common seal with power to
acquire, hold and dispose of property and to enter into contracts and may
by its corporate name, sue and be sued.
(3) The Tambaram municipality, functioning immediately
before the date of the commencement of this 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,—
(1) a Mayor;
(2) a council;
(3) a standing committee;
(4) a wards committee; and
(5) a commissioner.
Constitution of
council.
5. (1) Save as otherwise provided in sub-section (2), the council
shall consist of such number of councillors elected inthe 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.
(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.
37
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(7) The reservation of seats under sub-sections (4) and (5) shall
cease to have effect on the expiry of the period specified in Article 334 of
the Constitution.
6. (1) The corporation, unless sooner dissolved, shall continue
for five years from the date appointed for its first meeting after each
ordinary election and no longer and the said period of five years shall
operate as a dissolution of the corporation.
Duration of
corporation.
(2) An election to constitute the corporation shall be completed,—
(a) before the expiry of its duration specified in sub-section
(1); or
(b) before the expiration of a period of six months from the
date of its dissolution:
Provided that where the remainder of the period for which the
dissolved corporation would have continued, is less than six months, it
shall not be necessary to hold any election, under this sub-section for
constituting the corporation for such period.
Tamil Nadu Act V
of 1920.
7. (1) Subject to the provisions of sub-sections (2) and (3), the
Tamil Nadu District Municipalities Act, 1920 (hereinafter referred to as the
“District Municipalities Act”) shall, with effect on and from the date of the
commencement of this Act, cease to apply to the local area comprised
within the city of Tambaram.
Tamil Nadu District
Municipalities Act,
1920 not to apply.
(2) Such cessor shall not affect,—
(a) the previous operation of the District Municipalities Act in
respect of the local area comprised within the city of Tambaram;
(b) any penalty, forfeiture or punishment incurred in respect of
any offence committed against the District Municipalities Act; or
(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 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 Tambaram until they are replaced
by the appointments, notifications, notices, rules, bye-laws, regulations,
orders, directions, licences, permissions, schemes, forms and powers to
be made or issued or conferred under this Act.
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.
38
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(2) For the purpose of facilitating the application of the provisions
of the 1981 Act to the corporation, the Government may, by notification,
make such adaptations and modifications of the 1981 Act and the rules
and bye-laws made thereunder, whether by way of repealing, amending
or suspending any provisions thereof, as may be necessary or expedient
and thereupon, the 1981 Act and the rules made thereunder, shall apply
to the corporation subject to the adaptations and modifications so made.
(3) Notwithstanding that no provision or insufficient provision has
been made under sub-section (2) for the adaptation of the provisions of
the 1981 Act, or the rules and bye-laws made thereunder, any court,
tribunal or authority required or empowered to enforce these provisions
may, for the purpose of facilitating their application to the corporation,
construe these provisions in such manner, without affecting the substance,
as may be necessary or proper having regard to the matter before the
court, tribunal or authority.
(4) In the 1981 Act as extended and applied to the city of
Tambaram,—
(a) any reference to the city of Coimbatore and Coimbatore
municipality, shall by reason of this Act, be construed as a reference to the
city of Tambaram and Tambaram municipality, respectively; and
(b) any reference to the Coimbatore Corporation, Corporation
of Coimbatore and Municipal Corporation of Coimbatore, shall by reason
of this Act, be construed as a reference to the Tambaram Corporation,
Corporation of Tambaram and Municipal Corporation of Tambaram,
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.
(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.
39
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(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 Tambaram 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 Tambaram 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,
(c) the commissioner, and
(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
40
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(c) of the commissioner, until a commissioner 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 appionted 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 election to the
corporation, is 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.
(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.
Power to remove
difficulties.
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.
Provided that no such order shall be made after the expiry of two years
from the date of the commencement of this Act.
Repeal and
saving.
13. (1) The Tambaram City Municipal Corporation Ordinance, 2021 is
hereby repealed.
Tamil Nadu
Ordinance
5 of 2021.
(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.
(By order of the Governor)
C. GOPI RAVIKUMAR,
Secretary to Government (Legislation),
Law Department.
41
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
The following Act of the Tamil Nadu Legistative Assembly
received the assent of the Governor on the 21st January 2022 and
is hereby published for general information: —
Act No. 6 of 2022
An Act to provide for the Establishment of a Municipal
Corporation for the City of Kumbakonam.
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 Kumbakonam City Municipal
Corporation Act, 2022.
Short title, extent and
commencement.
(2) It extends to the city of Kumbakonam.
(3) It shall be deemed to have come into force on the
20th day of December 2021.
2. (1) In this Act, unless the context otherwise requires,—
Definitions.
(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 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
Kumbakonam established under section 3;
(c) “council” means the council of municipal corporation
of Kumbakonam;
(d) “Government” means the State Government;
(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 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 Kumbakonam.
3. (1) With effect on and from the date of the commencement
of this Act, the local area included in the Kumbakonam municipality
shall constitute the city of Kumbakonam 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 Kumbakonam City Municipal Corporation:
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:
42
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 Kumbakonam 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;
(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 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.
43
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.
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 Kumbakonam.
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
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 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 Kumbakonam 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.
44
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Application of
provisions of 1981
Act to corporation.
8. (1) Save as otherwise expressly provided herein, all the
provisions of the 1981 Act, including the provisions relating to the
levy and collection of any tax or fee are hereby extended to and
shall apply, mutatis mutandis to the corporation and the 1981 Act
shall, in relation to the corporation, be read and construed as if the
provisions of this 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
Kumbakonam,—
(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 Kumbakonam and Kumbakonam
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 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 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.
45
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(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 favorable 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 Kumbakonam 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 Kumbakonam
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.
46
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
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,
(c) the commissioner, and
(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
(c) of the commissioner, until a commissioner
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.
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.
47
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
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 7 of
2021.
13. (1) The Kumbakonam 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.
(By order of the Governor)
C. GOPI RAVIKUMAR,
Secretary to Government (Legislation),
Law Department.
48
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
49
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
The following Act of the Tamil Nadu Legislative Assembly
received the assent of the Governor on the 21st January 2022 and
is hereby published for general information: —
Act No. 7 of 2022.
An Act to extend the provisions of the Chennai City Police
Act, 1888 to the Cities of Avadi and Tambaram.
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 Chennai City Police
(Extension to the cities of Avadi and Tambaram) Act, 2022.
Short title and
commencement.
(2) It shall be deemed to have come into force on the
1st day of January 2022.
2. In this Act, unless the context otherwise requires,—
Definitions.
(1) “city of Avadi” means the local area comprising the limits
of the police stations specified in Schedule I;
(2) “city of Tambaram” means the local area comprising the
limits of the police stations specified in Schedule II;
Tamil Nadu
Act III of 1888.
(3) “City Police Act” means the Chennai City Police Act, 1888;
(4) “date of publication of this Act” means the date of publication
of the Chennai City Police (Extension to the cities of Avadi and
Tambaram) Act, 2022 in the Tamil Nadu Government Gazette;
(5) “Government” means the Government of Tamil Nadu;
(6) “law in force” includes any enactment, Act, regulation, order,
by-law, rule, scheme or notification in force in the whole or in any
part of the State or any instrument having the force of law in the
whole or in any part of the State;
(7) “Schedule” means a Schedule appended to this Act;
(8) “State” means the State of Tamil Nadu.
Extension of
Tamil Nadu
Act III of 1888.
3. (1) With effect on and from the date of publication of this
Act, the City Police Act as in force immediately before the date of
publication of this Act, shall stand extended to, and shall be in force,
in the cities of Avadi and Tambaram.
(2) In the City Police Act, as extended to the cities of Avadi
and Tambaram,—
(a) any reference to the city of Chennai (other than the
reference in section 3) shall, by reason of this Act, be construed as
a reference to the city of Avadi or the city of Tambaram, as the case
may be;
(b) any reference to the Commissioner of Police for
Chennai shall, by reason of this Act, be construed as a reference to
the Commissioner of Police for Avadi or the Commissioner of Police
for Tambaram, as the case may be.
50
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Power of
Government
to authorize
Commissioner
of Police and
certain other
police officers
in cities of
Avadi and
Tambaram
to exercise
powers
of District
Magistrates
and Executive
Magistrates
under Code
of Criminal
Procedure,
1973.
4. (1) Without prejudice to the provisions contained in section
7 of the City Police Act, the Government may, by notification, and
subject to such conditions and limitation as may be specified therein,
empower,—
(a) the Commissioner of Police for Avadi or the
Commissioner of Police for Tambaram, to exercise and perform in
relation to the city of Avadi or the city of Tambaram, as the case
may be, the powers and duties of an Executive Magistrate and of
a District Magistrate under such of the provisions of the Code of
Criminal Procedure, 1973 (hereinafter in this section referred to as
the said Code) or of any other law in force relating to matters with
respect to which the State Legislature has power to make laws for
the State, as may be specified in the notification;
Central Act 2 of
1974.
(b) any officer subordinate to the Commissioner of
Police for Avadi or the Commissioner of Police for Tambaram (not
being an officer below the rank of an Assistant Commissioner
of Police) to exercise and perform in relation to the city of
Avadi or the city of Tambaram, as the case may be, the powers
and duties of an Executive Magistrate under such of the
provisions of the said Code or of any other law in force relating
to matters with respect to which the State Legislature has
power to make laws for the State, as may be specified in the
notification.
(2) Every officer subordinate to the Commissioner of
Police for Avadi or the Commissioner of Police for Tambaram,
shall, in the exercise and performance of any powers and duties,
which he is empowered to exercise or perform functions under
sub-section (1), be subject to the general control of the respective
Commissioner of Police in the same manner and to the same extent
as an Executive Magistrate appointed under section 20 of the said
Code would be subject to the general control of the District Magistrate
appointed under that section.
51
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(3) The Commissioner of Police for Avadi or the
Commissioner of Police for Tambaram, or any officer subordinate
to such Commissioner, shall not be subject, in the exercise and
performance of any powers and duties which he is empowered to
exercise and perform under sub-section (1), to the general control of
the District Magistrate appointed under section 20 of the said Code.
Police force
functioning in
cities of Avadi
and Tambaram
immediately
before date of
publication of
this Act to be
deemed to be
police force
constituted
under City
Police Act as
extended.
5. (1) The police force functioning in the city of Avadi and in
the city of Tambaram, immediately before the date of publication
of this Act (hereinafter in this section referred to as the existing
police force) shall, on the date of publication of this Act, be deemed
to be the police force constituted for the city of Avadi or the city
of Tambaram, as the case may be, under the City Police Act as
extended, by this Act and every member of the existing police force
holding office immediately before the date of publication of this
Act shall be deemed to be appointed on such date of publication,
as members of the police force for the city of Avadi or the city of
Tambaram, as the case may be.
(2) All proceedings (including proceedings by way of
investigations) pending before any police officer of the existing police
force immediately before the date of publication of this Act, shall on
the date of publication of this Act, be deemed to be proceedings
pending before him in his capacity as the holder of the office to
which he is deemed to be appointed under sub-section (1) and shall
be dealt with accordingly.
(3) Where any power or function which may be exercised or
discharged under any law by a District Magistrate or an Executive
Magistrate immediately before the date of publication of this Act
has been conferred on the Commissioner of Police for Avadi or the
Commissioner of Police for Tambaram or any other police officer by
or under the City Police Act as extended, all proceedings in relation
to, or arising from, the exercise of such power or the discharge
of such function pending immediately before such conferment
before the District Magistrate or Executive Magistrate, as the
case may be, shall on the conferment of such power or function
on the Commissioner of Police for Avadi or the Commissioner of
Police for Tambaram or other police officer, stand transferred to the
Commissioner of Police for Avadi or the Commissioner of Police for
Tambaram, or other police officer, as the case may be, and the
officer to whom such proceedings stand so transferred shall either
proceed de novo or from the stage of such transfer.
Control of
Director
General of
Police over
Commissioner
of Police for
Avadi and
Tambaram.
6. (1) Notwithstanding anything contained in the City Police
Act as extended, the Commissioner of Police for Avadi and the
Commissioner of Police for Tambaram shall, in exercise of their
functions under the City Police Act as extended, be under the control
and direction of the Director-General of Police for the State, subject
to any rules that may be made under sub-section (2).
52
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(2) It shall be competent to the Government to make
rules to limit and regulate the exercise of the powers of control
and direction conferred on the Director-General of Police by sub-
section (1) in respect of the Commissioner of Police for Avadi and
the Commissioner of Police for Tambaram.
(3) Nothing in this section shall apply in relation to the
powers and functions which may be exercised or discharged by the
Commissioner of Police for Avadi or the Commissioner of Police
for Tambaram, as the case may be, under any law as a District
Magistrate or an Executive Magistrate.
Construction of
reference to
laws not in
force in cities
of Avadi and
Tambaram.
7. (1) Any reference in the City Police Act as extended by this
Act to a law which is not in force in the cities of Avadi or Tambaram,
on the date of publication of this Act shall, in relation to those cities,
be construed as a reference to the corresponding law, if any, in force
in the said cities.
(2) Any reference to the Tamil Nadu District Police Act, 1859 in
any law in force in the cities of Avadi and Tambaram shall, in relation
to those cities, be construed, on and after the date of publication of
this Act, as reference to the City Police Act.
Central Act
XXIV of 1859.
Repeal of
corresponding
law.
8. If, immediately before the date of publication of this Act, there
is any law in force in the cities of Avadi or Tambaram including the
Tamil Nadu District Police Act, 1859 (hereinafter in this section
referred to as the Central Act) and the provisions of the City Police
Act specified in the Schedule to the Central Act and extended by way
of notification under section 54-A of the Central Act corresponding
to the City Police Act, such corresponding law shall, on the date
of publication of this Act, stand repealed in relation to the cities of
Avadi or Tambaram, as the case may be, to the extent to which the
corresponding law relates to matters with respect to which the State
Legislature has power to make laws for the State.
Central Act
XXIV of 1859.
9. (1) The repeal by section 8 of any corresponding law shall
not affect—
Savings.
(a) the previous operation of any such law or anything
done or duly suffered thereunder; or
(b) any right, privilege, obligation or liability acquired,
accrued or incurred under any such law; or
(c) any penalty, forfeiture or punishment incurred in
respect of any offence committed against any such law; or
(d) any investigation, legal proceeding or remedy
in respect of any such right, privilege, obligation, liability, penalty,
forfeiture or punishment as aforesaid; and any such investigation,
legal proceeding or remedy may be instituted, continued or enforced
and any such penalty, forfeiture or punishment may be imposed as
if the City Police Act had not been extended.
(2) Subject to the provisions of sub-section (1), anything
done or any action taken, including any appointment or delegation
made, notification, order, instruction or direction issued, rule, regulation,
form, by-law or scheme framed, certificate, permit or licence
53
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
granted or registration effected under such corresponding law, in
relation to the cities of Avadi or Tambaram, shall be deemed to have
been done or taken under the corresponding provisions of the City
Police Act and shall continue in force accordingly, unless and until
superseded by anything done or any action taken under the said
City Police Act as extended.
10. Any reference by whatever form or words in any law in force
to any authority competent on the date immediately preceding the
date of publication of this Act, to exercise any power or discharge
any function in the cities of Avadi or Tambaram, shall, where a
corresponding new authority has been constituted by or under the
City Police Act as extended or under this Act to the said cities, have
effect as if it were a reference to that new authority.
Construction of
reference to
authorities where
new authorities
have been
constituted.
11. For the purpose of facilitating the application, in the city of
Avadi and in the city of Tambaram, of the City Police Act as extended,
any court or other authority may construe the said Act with such
alteration not affecting the substance as may be necessary or proper
to adapt it to the matter before the court or other authority.
Powers of courts and
other authorities
for purposes
of facilitating
application of City
Police Act.
12. If any difficulty arises in giving effect to the provisions
of the City Police Act as extended by this Act, to the cities of Avadi
and Tambaram, the Government may, as occasion may require, by
order, do anything which appear to them to be necessary for the
purpose of 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.
13. The Government may, by notification, amend the Schedules,
so as to include or exclude any police station.
Power to amend
Schedules.
14. (1) The Government may make rules for carrying out all or
any of the purposes of this Act.
Power to make rules.
(2) All rules made or notification issued 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.
(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 Legislative
Assembly agrees 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.
Tamil Nadu
Ordinance
1 of 2022.
15. (1) The Chennai City Police (Extension to the cities of Avadi
and Tambaram) Ordinance, 2021 is hereby repealed.
Repeal and saving.
(2) Notwithstanding such repeal, anything done or any
action taken or any direction given under the said Ordinance, shall
be deemed to have been done or taken or given under this Act.
54
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
SCHEDULE – I
City of Avadi
[See section 2(1)]
Sl. No.
Police Stations.
1.
Ambattur
2.
Ambattur Estate
3.
Avadi
4.
Ennore
5.
Kattur
6.
Korattur
7.
Manali
8.
Manali Pudunagar
9.
Mangadu
10.
Minjur
11.
M.M Colony
12.
Muthapudhupet
13.
Nazarethpet
14.
Pattabiram
15.
Poonamalle
16.
Redhills
17.
Sathangadu
18.
Sevvapet
19.
Sholavaram
20.
SRMC
21.
Tank Factory
22.
Thirumullaivoil
23.
Thirunindravur
24.
Thiruverkadu
25.
Vellavedu
55
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
SCHEDULE – II
City of Tambaram
[See section 2(2)]
Sl. No.
Police Stations.
1.
Chrompet
2.
Chitlapakkam
3.
Guduvanchery
4.
Kannagi Nagar
5.
Kanathur
6.
Kelambakkam
7.
Kundrathur
8.
Maraimalai Nagar
9.
Manimangalam
10.
Otteri
11.
Pallavaram
12.
Pallikaranai
13.
Peerkankaranai
14.
Perumbakkam
15.
Selaiyur
16.
Semmanchery
17.
Shankar Nagar
18.
Somangalam
19.
Tambaram
20.
Thazhambur
(By order of the Governor)
C. GOPI RAVIKUMAR,
Secretary to Government (Legislation),
Law Department.
56
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
57
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
The following Act of the Tamil Nadu Legistative Assembly received
the assent of the Governor on the 21st January 2022 and is hereby
published for general information: —
Act No. 8 of 2022.
An Act further to amend the laws relating to the Municipal
Corporations and Municipalities in the State of Tamil Nadu.
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:—
PART – I.
PRELIMINARY.
1. (1) This Act may be called the Tamil Nadu Municipal Laws
(Amendment) Act, 2022.
(2) It shall be deemed to have come into force on the 20th day of
December 2021.
Short title and
commencement.
PART – II.
AMENDMENT TO THE CHENNAI CITY MUNICIPAL CORPORATION
ACT, 1919.
Tamil Nadu Act IV
of 1919.
2. In section 414-B of the Chennai City Municipal Corporation Act,
1919, for the expression “upto the 31st day of December 2021”, the
expression “upto the 30th day of June 2022” shall be substituted.
Amendment of
section 414-B.
PART – III.
AMENDMENT TO THE TAMIL NADU DISTRICT MUNICIPALITIES
ACT, 1920.
Tamil Nadu Act V of
1920.
3. In section 375-B of the Tamil Nadu District Municipalities Act, 1920,
for the expression “upto the 31st day of December 2021”, the expression
“upto the 30th day of June 2022” shall be substituted.
Amendment of
section 375-B.
PART – IV.
AMENDMENT TO THE MADURAI CITY MUNICIPAL CORPORATION
ACT, 1971.
Tamil Nadu Act 15
of 1971.
4. In section 510-AAA of the Madurai City Municipal Corporation
Act, 1971, for the expression “upto the 31st day of December 2021”, the
expression “upto the 30th day of June 2022” shall be substituted.
Amendment of
section 510-AAA.
PART – V.
AMENDMENT TO THE COIMBATORE CITY MUNICIPAL
CORPORATION ACT, 1981.
Tamil Nadu Act 25
of 1981.
5. In section 511-AAA of the Coimbatore City Municipal Corporation
Act, 1981, for the expression “upto the 31st day of December 2021”, the
expression “upto the 30th day of June 2022” shall be substituted.
Amendment of
section 511-AAA.
58
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
PART – VI.
AMENDMENT TO THE TIRUCHIRAPPALLI CITY MUNICIPAL
CORPORATION ACT, 1994.
Amendment of
section 10-A.
6. In section 10-A of the Tiruchirappalli City Municipal Corporation
Act, 1994, for the expression “upto the 31st day of December 2021”, the
expression “upto the 30th day of June 2022” shall be substituted.
Tamil Nadu Act 27
of 1994.
PART – VII.
AMENDMENT TO THE TIRUNELVELI CITY MUNICIPAL
CORPORATION ACT, 1994.
Amendment of
section 10-A.
7. In section 10-A of the Tirunelveli City Municipal Corporation Act,
1994, for the expression “upto the 31st day of December 2021”, the
expression “upto the 30th day of June 2022” shall be substituted.
Tamil Nadu Act 28
of 1994.
PART – VIII.
AMENDMENT TO THE SALEM CITY MUNICIPAL CORPORATION
ACT, 1994.
Amendment of
section 10-A.
8. In section 10-A of the Salem City Municipal Corporation Act, 1994,
for the expression “upto the 31st day of December 2021”, the expression
“upto the 30th day of June 2022” shall be substituted.
Tamil Nadu Act 29
of 1994.
PART – IX.
AMENDMENT TO THE TIRUPPUR CITY MUNICIPAL CORPORATION
ACT, 2008.
Amendment of
section 9-A.
9. In section 9-A of the Tiruppur City Municipal Corporation Act, 2008,
for the expression “upto the 31st day of December 2021”, the expression
“upto the 30th day of June 2022” shall be substituted.
Tamil Nadu Act 7 of
2008.
PART – X.
AMENDMENT TO THE ERODE CITY MUNICIPAL CORPORATION
ACT, 2008.
Tamil Nadu Act 8 of
2008.
10. In section 9-A of the Erode City Municipal Corporation Act, 2008,
for the expression “upto the 31st day of December 2021”, the expression
“upto the 30th day of June 2022” shall be substituted.
Amendment of
section 9-A.
PART – XI.
AMENDMENT TO THE VELLORE CITY MUNICIPAL CORPORATION
ACT, 2008.
Tamil Nadu Act 26
of 2008.
11. In section 9-A of the Vellore City Municipal Corporation Act, 2008,
for the expression “upto the 31st day of December 2021”, the expression
“upto the 30th day of June 2022” shall be substituted.
Amendment of
section 9-A.
PART – XII.
AMENDMENT TO THE THOOTHUKUDI CITY MUNICIPAL
CORPORATION ACT, 2008.
Tamil Nadu Act 27
of 2008.
12. In section 9-A of the Thoothukudi City Municipal Corporation
Act, 2008, for the expression “upto the 31st day of December 2021”, the
expression “upto the 30th day of June 2022” shall be substituted.
Amendment of
section 9-A.
59
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
PART – XIII.
AMENDMENT TO THE THANJAVUR CITY MUNICIPAL
CORPORATION ACT, 2013.
Tamil Nadu Act 24
of 2013.
13. In section 9-A of the Thanjavur City Municipal Corporation Act,
2013, for the expression “upto the 31st day of December 2021”, the
expression “upto the 30th day of June 2022” shall be substituted.
Amendment of
section 9-A.
PART – XIV.
AMENDMENT TO THE DINDIGUL CITY MUNICIPAL CORPORATION
ACT, 2013.
Tamil Nadu Act 25
of 2013.
14. In section 9-A of the Dindigul City Municipal Corporation Act, 2013,
for the expression “upto the 31st day of December 2021”, the expression
“upto the 30th day of June 2022” shall be substituted.
Amendment of
section 9-A.
PART – XV.
AMENDMENT TO THE HOSUR CITY MUNICIPAL CORPORATION
ACT, 2019.
Tamil Nadu Act 10
of 2019.
15. In section 10 of the Hosur City Municipal Corporation Act, 2019, in
sub-section (4), for the expression “upto the 31st day of December 2021”,
the expression “upto the 30th day of June 2022” shall be substituted.
Amendment of
section 10.
PART – XVI.
AMENDMENT TO THE NAGERCOIL CITY MUNICIPAL
CORPORATION ACT, 2019.
Tamil Nadu Act 11
of 2019.
16. In section 10 of the Nagercoil City Municipal Corporation
Act, 2019, in sub-section (4), for the expression “upto the 31st day of
December 2021”, the expression “upto the 30th day of June 2022” shall
be substituted.
Amendment of
section 10.
PART – XVII.
AMENDMENT TO THE AVADI CITY MUNICIPAL CORPORATION ACT,
2019.
Tamil Nadu Act 24
of 2019.
17. In section 10 of the Avadi City Municipal Corporation Act, 2019, in
sub-section (4), for the expression “upto the 31st day of December 2021”,
the expression “upto the 30th day of June 2022” shall be substituted.
Amendment of
section 10.
Tamil Nadu
Ordinance
8 of 2021.
18. (1) the Tamil Nadu Municipal Laws (Third Amendment) Ordinance,
2021 is hereby repealed.
Repeal and saving.
60
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Tamil Nadu Act IV
of 1919.
Tamil Nadu Act V of
1920.
Tamil Nadu Act 15
of 1971.
Tamil Nadu Act 25
of 1981.
Tamil Nadu Act 27
of 1994.
Tamil Nadu Act 28
of 1994.
Tamil Nadu Act 29
of 1994.
Tamil Nadu Act 7 of
2008.
Tamil Nadu Act 8 of
2008.
Tamil Nadu Act 26
of 2008.
Tamil Nadu Act 27
of 2008.
Tamil Nadu Act 24
of 2013.
Tamil Nadu Act 25
of 2013.
Tamil Nadu Act 10
of 2019.
Tamil Nadu Act 11
of 2019.
Tamil Nadu Act 24
of 2019.
(2) Notwithstanding such repeal, anything done or any action taken
under the Chennai City Municipal Corporation Act, 1919, the Tamil Nadu
District Municipalities Act, 1920, the Madurai City Municipal Corporation
Act, 1971, the Coimbatore City Municipal Corporation Act, 1981, the
Tiruchirappalli City Municipal Corporation Act, 1994, the Tirunelveli City
Municipal Corporation Act, 1994, the Salem City Municipal Corporation
Act, 1994, the Tiruppur City Municipal Corporation Act, 2008, the
Erode City Municipal Corporation Act, 2008, the Vellore City Municipal
Corporation Act, 2008, the Thoothukudi City Municipal Corporation
Act, 2008, the Thanjavur City Municipal Corporation Act, 2013, the
Dindigul City Municipal Corporation Act, 2013, the Hosur City Municipal
Corporation Act, 2019, the Nagercoil City Municipal Corporation Act, 2019
and the Avadi City Municipal Corporation Act, 2019 as amended by the
said Ordinance, shall be deemed to have been done or taken under the
respective Acts and Ordinance, as amended by this Act.
(By order of the Governor)
C. GOPI RAVIKUMAR,
Secretary to Government (Legislation),
Law Department.
61
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
The following Act of the Tamil Nadu Legislative Assembly
received the assent of the Governor on the 21st January 2022 and
is hereby published for general information:—
Act No. 9 of 2022.
An Act further to amend the Tamil Nadu Agricultural Produce
Marketing (Regulation) Act, 1987.
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 Tamil Nadu Agricultural
Produce Marketing (Regulation) Amendment Act, 2022.
Short title and
commencement.
(2) It shall be deemed to have come into force on the
27th of November 2021.
Tamil Nadu
Act 27 of 1989.
2. In section 33 of the Tamil Nadu Agricultural Produce Marketing
(Regulation) Act, 1987 (hereinafter referred to as the principal Act),
in the proviso to sub-section (1), for the expression “ten years and
six months”, the expression “eleven years and six months” shall be
substituted.
Amendment
of section 33.
Tamil Nadu
Ordinance
6 of 2021.
3.
(1) The Tamil Nadu Agricultural Produce Marketing
(Regulation) Second Amendment Ordinance, 2021 is hereby
repealed.
Repeal and
saving.
(2) Notwithstanding such repeal, anything done or any
action taken under the principal Act, as amended by the said
Ordinance, shall be deemed to have been done or taken under the
principal Act, as amended by this Act.
(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