The Tamil Nadu Urban Local Bodies Rules, 2023

© GOVERNMENT OF TAMIL NADU

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

[R. Dis. No. 197/2009.

[Price: Rs. 161.60 Paise.

No. 124] CHENNAI, WEDNESDAY, APRIL 12, 2023 Panguni 29, Subakiruthu, Thiruvalluvar Aandu-2054

Part III—Section 1(a)

General Statutory Rules, Notifications, Orders, Regulations, etc.,

issued by Secretariat Departments.

NOTIFICATIONS BY GOVERNMENT

MUNICIPAL ADMINISTRATION AND WATER SUPPLY (ELECTION) DEPARTMENT

THE TAMIL NADU URBAN LOCAL BODIES RULES, 2023

[G.O. Ms. No. 45, Municipal Administration and Water Supply (Election) Department, 12th April 2023,

பங்குனி 29, சுபகிருது, திருவள்ளுவர் ஆண்டு-2054.]

No. SRO A-17(a)/2023.

In exercise of the powers conferred by section 198 of the Tamil Nadu Urban Local Bodies Act, 1998 (Tamil Nadu Act 9 of 1999), the Governor of Tamil Nadu hereby makes the following rules, namely:—

[ 1 ]

III-1(a)Ex. (124)2 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

TABLE OF CONTENTS

TAMIL NADU URBAN LOCAL BODIES RULES, 2023

6 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 6 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 6 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 7 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 7 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 7

RULES.

CHAPTER I.

DEFINITIONS.

1. Short title, application and commencement.— (1) These rules may be called the Tamil Nadu Urban Local Bodies Rules, 2023.

(2) They shall apply to all the Town Panchayats, Municipal Councils and Municipal Corporations in the State.

(3) They shall come into force on the 13th April 2023.

2. Definitions.— (1) In these rules, unless the context otherwise requires,—

(a) "Act" means the Tamil Nadu Urban Local Bodies Act, 1998 (Tamil Nadu Act 9 of 1999);

(b) "area" means part of a ward as delimited under rule 179;

(c) "by-laws" and "regulation" means such of those by-laws and regulations framed by the Council for matters which are to be regulated in terms of the provisions of the Act or these rules;

(d) "Election Commission" means the Tamil Nadu State Election Commission;

(e) "Executive Authority" means the Executive Authority of the Council;

(f) "fine" means the amount levied by the Commissioner for belated payment of any tax or fees or charges or any other amount due to the municipality, under the provisions of the Act or these rules.

(g) "Form" means "form" appended to each of the Chapters in these rules;

(h) "penalty" means any penalty which is leviable on conviction by any court under the provisions of the Act or these rules;

(i) "public holiday" means any day which is a public holiday for the purposes of section 25 of the Negotiable Instruments Act, 1881 (Central Act XXVI of 1881);

(j) "Schedule" means the Schedule appended to each of the Chapters in these rules;

(k) "Service" means the Tamil Nadu Municipal Service, Tamil Nadu Town Panchayat Service, Tamil Nadu Municipal Council Service or Tamil Nadu Municipal Corporation Service, as the case may be;

(2) Words and expressions used but not defined in these rules shall have the meanings respectively assigned to them in the Act or in the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 (Tamil Nadu Act 14 of 2016), as the case may be. In the absence of such meaning, the Tamil Nadu General Clauses Act, 1891 (Tamil Nadu Act I of 1891) shall apply for the interpretation of these rules, as it applies for the interpretation of a Tamil Nadu Act.

CHAPTER II.

CLASSIFICATION OF URBAN LOCAL BODIES, DELIMITATION OF WARDS AND RESERVATION OF

SEATS.

3. Norms for classification of urban local bodies into various grades.— (1) The Government may, by notification, classify the urban local bodies into various grades for the purpose of effective administration based on the population in the case of a municipal corporation and based on the annual income for the last three consecutive years in the case of a municipal council and a town panchayat, as specified below:-

(a) Classification of Municipal Corporations.

(b) Classification of Municipal Councils.

(c) Classification of Town Panchayats.

(2) The classification of the urban local bodies shall be reviewed every three years, based on the norms specified in sub-rule (1).

4. Norms for fixation of strength of council.— (1) The number of councillors for each municipal corporation, municipal council or town panchayat shall be fixed by the Director, taking into consideration the population of that municipal corporation, municipal council or town panchayat, as the case may be, based on the recommendation of the Delimitation Commission constituted under section 3 of the Tamil Nadu Delimitation Commission Act, 2017 (Tamil Nadu Act 23 of 2017) and accepted by the Government, as specified below:-

(a) Municipal Corporations.—

(b) Municipal Councils.—

(c) Town Panchayats.—

Provided that the number of councillors so fixed under this rule shall not be altered until the next succeeding census figures are published by the Central Government:

Provided further that the number of councillors so fixed under this rule may be altered in case of any change in the jurisdiction of any municipality.

(2) Notwithstanding anything contained in sub-rule (1), the number of councillors of the municipalities on the date of coming into force of these rules, shall remain unaltered unless the Government otherwise direct.

5. Delimitation of wards.— (1) Every municipality shall be divided into such number of wards based on the recommendations of the Tamil Nadu Delimitation Commission constituted under the Tamil Nadu Delimitation Commission Act, 2017 (Tamil Nadu Act 23 of 2017).

(2) The Government shall after having consultation with the Director, publish the delimitation of wards of the municipalities in the Tamil Nadu Government Gazette, based on the recommendations of the Delimitation Commission.

6. Reservation of seats in municipalities.— (1) While reserving seats for Women belonging to the Scheduled Castes or the Scheduled Tribes, the wards having the highest percentage of population of Women belonging to such Scheduled Castes or the Scheduled Tribes, among the wards so selected for the Scheduled Castes and the Scheduled Tribes, shall be reserved.

(2) The reservation of seats for the Scheduled Castes and the Scheduled Tribes and Women shall be calculated in the manner specified below:-

(a) For the purpose of reservation of seats for the Scheduled Castes and the Scheduled Tribes, the number of seats to be reserved shall be the percentage of the Scheduled Castes and the Scheduled Tribes in the total population of the municipality.

(b) Seats shall be reserved for Women in the municipality and the number of seats so reserved shall be not less than fifty per cent (including the number of seats reserved for Women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats in the municipality.

(c) While reserving seats for the Scheduled Castes, the Scheduled Tribes and Women, the percentage of the Scheduled Castes, the Scheduled Tribes and Women population shall be arranged in the descending order and the wards having the highest percentage of the Scheduled Castes/the Scheduled Tribes and Women shall be taken for reservation according to the numbers required. While reserving seats for Women, the wards reserved for Scheduled Castes and Scheduled Tribes shall be left out and the wards having the highest percentage of Women population shall be reserved for Women.

(d) While determining the number of seats in every municipality for the purpose of reservation, any fraction which is less than half shall be disregarded and half or more than half, shall be regarded as one.

(e) The number of seats so reserved for the Scheduled Castes and the Scheduled Tribes as provided in sub-rule (1), shall be apportioned among the Scheduled Castes and the Scheduled Tribes having regard to the proportion of the population of such Scheduled Castes and Scheduled Tribes.

(f) Where there is no sufficient population of the Scheduled Castes or the Scheduled Tribes in a municipality for reservation of seats, a minimum number of one ward shall be reserved for the Scheduled Castes or the Scheduled Tribes which shall be having the highest percentage of population of the Scheduled Castes or the Scheduled Tribes in that municipality.

(3) After publication of the reservation of wards by the Government, the Commissioner shall also cause arrangements to publish the lists of the wards reserved for the Scheduled Castes, the Scheduled Tribes and Women in the municipal office and in one or two conspicuous places in all the wards for information of the public.

7. Reservation of office of Chairperson in a municipality.— (1) The Government shall, by notification, reserve the office of the Chairperson for the Scheduled Castes, the Scheduled Tribes and for Women.

(2) For the purpose of such reservation of the office of Chairperson, each of the municipal corporations, municipal councils and town panchayats in the State shall constitute as separate units. The percentage of the population of the Scheduled Castes, the Scheduled Tribes and Women in the municipal corporations, municipal councils and town panchayats shall be arranged in the descending order. Such number of the municipal corporations, municipal councils and town panchayats having highest percentage of population of the Scheduled Castes, the Scheduled Tribes and Women, in the descending order shall be reserved for the Scheduled Castes, the Scheduled Tribes and Women as required under the Act.

(3) While reserving office of the Chairperson for Women belonging to the Scheduled Castes or the Scheduled Tribes, the municipality having the highest percentage of population of Women belonging to such Scheduled Castes or Scheduled Tribes, among the municipalities so selected for the Scheduled Castes and Scheduled Tribes shall be reserved.

(4) While reserving office of the Chairperson for Women under sub-rule (1), the municipality already reserved for the Scheduled Castes, Scheduled Tribes shall be left out and the next municipalities having highest percentage of Women population shall be reserved. The number of seats reserved for Women Chairperson shall be not less than fifty per cent.

(5) The Commissioner of a municipality shall publish a notice containing information as to whether the office of the Chairperson of the municipality has been reserved for the Scheduled Castes, the Scheduled Tribes or for Women or not in the office of the municipality and in one or two conspicuous places of the wards for information of the public.

(6) While determining the number of offices of the Chairperson of municipalities for the purpose of reservation for the Scheduled Castes, the Scheduled Tribes and Women, any fraction which is less than half shall be disregarded and half or more than half shall be regarded as one.

CHAPTER III.

ELECTIONS.

PART I.

8. Definitions.— For the purpose of this Chapter,—

(a) "Ballot box" includes any box, bag or other receptacle used for the insertion of ballot paper by electors;

(b) "Contesting candidate" means a candidate whose nomination has been duly accepted under sub-rule (9) of rule 33 and who has not withdrawn his candidature;

(c) "Cost" means all costs and expenses of, a trial of an election petition or incidental to it;

(d) "District Election Officer" means the officer specified in rule 13;

(e) "Election Court" means the court of the Principal Judge, City Civil Court, Chennai in respect of the Chennai City Municipal Corporation and the court of the District Judge, in respect of other municipal corporations, municipal councils and town panchayats under whose jurisdiction, the municipal corporation or the municipal council or the town panchayat is situated;

(f) "Elector" in relation to a ward of a town panchayat or a municipal council or a municipal corporation, means a person whose name is entered in the electoral roll of that ward of town panchayat or municipal council or municipal corporation for the time being in force;

(g) "Electoral Registration Officer" means the Executive Officer of a town panchayat or the Commissioner of a municipal council or of a municipal corporation, as the case may be, or any other officer authorised in this behalf by the Election Commission under rule 14 to prepare and publish electoral rolls under the Act;

(h) "Electoral right" means the right of a person to stand or not to stand as, or to withdraw or not to withdraw from being, a candidate, or to vote or refrain from voting at an election;

(i) "Electoral roll" means the electoral rolls of the wards in a town panchayat or a municipal council or a municipal corporation;

(j) "Electoral roll number of a person" means and includes—

(i) the serial number of the entry in the electoral roll in respect of that person; (ii) the serial number of the part of the electoral roll in which such entry occurs; (iii) the serial number of the street in which such entry occurs; and (iv) the number and name of the ward of the town panchayat or municipal council or municipal corporation to which the electoral roll relates;

(k) "Form" means a form appended to these rules and includes a translation thereof in the language or languages in which the electoral roll of town panchayat or municipal council or municipal corporation is prepared;

(l) "Marked copy of the electoral roll" means a copy of the electoral roll set apart for the purpose of marking the entry relating to the electors to whom ballot paper or ballot papers are issued at an election;

(m) "Person" does not include a body of persons;

(n) "Polling Officer" means an officer appointed under rule 19 of these rules to assist the Presiding Officer in the performance of his duties;

(o) "Polling station" means a place fixed under rule 16 of these rules, for taking poll at an election or elections;

(p) "Presiding Officer" means an officer appointed under rule 19 for taking poll at a polling station;

(q) "Qualifying date" in relation to the preparation of every electoral roll under these rules means the first day of January of the year in which it is so prepared;

(r) "Returned Candidate" means a candidate who has been declared as elected and whose name has been duly published;

(s) "Returning Officer" means an officer appointed under rule 15;

(t) "State Election Officer" means the officer specified in rule 12;

9. Conduct of more than one election simultaneously.— When the offices to be filled up by election under this Chapter are vacant in a town panchayat or municipal council or municipal corporation, elections to fill up such vacancies may be held either separately or simultaneously at the same polling station or polling stations, as the Election Commission may direct from time to time. The Presiding Officers, Polling Officers and such other Officers appointed for the purposes of conducting one election shall be deemed to have been appointed for the purposes of holding the elections so held simultaneously at the polling station. Unless otherwise directed by the Election Commission, the polling materials like ballot boxes, voting machines, rubber stamps, distinguishing marks, etc., used for one election may also be used for the other elections.

10. Signing of an instrument.— For the purpose of this Chapter, a person who is unable to write his name shall, unless otherwise expressly provided for in this Chapter, be deemed to have signed an instrument or other paper, if—

(1) he has placed a mark on such instrument or other paper in the presence of the Returning Officer, Presiding Officer or such other officer as may be specified in this behalf by the Election Commission; and (2) such officer, on being satisfied as to his identity, has attested the mark as being the mark of that person.

PART II.

CONDUCT OF ELECTIONS.

11. Powers and functions of the Election Commission.— (1) The preparation of electoral roll and the conduct of all elections under these rules, shall be held under the superintendence and control of the Election Commission and for this purpose it shall have power to give such directions, as it may deem necessary, to the State Election Officer or District Election Officer or any other officer or servant of the Government or the local bodies or Government undertakings and aided schools, who are engaged for the purpose, so as to ensure efficient conduct of the elections.

(2) The Election Commission may, subject to control and revision, delegate its powers to such officers as it may deem necessary.

(3) The State Election Officer, the District Election Officer, Electoral Registration Officer, Returning Officer, Assistant Returning Officer, Zonal Officer, Presiding Officer, Polling Officer and any other officer appointed under these rules for the time being, for the conduct of any election and any police officer posted for election duty shall be deemed to be on deputation to the Election Commission for the period commencing on and from the date of preparation of electoral rolls till its completion and from the date of notification calling for such elections and ending with the date of completion of such elections and such officer shall, during that period, be subject to the control, superintendence and discipline of the Election Commission.

(4) (a) The Election Commission may obtain from the Executive Officers of town panchayats or the Commissioners of municipal councils and municipal corporations, as the case may be, particulars of various casual vacancies to be filled up under these rules.

(b) It shall be the duty of the Executive Officers or the Commissioners, as the case may be, to report every casual vacancy within one week from the date of its occurrence to the Election Commission.

12. State Election Officer.— The Commissioner or the Director of town panchayats in the case of town panchayats and the Commissioner or the Director of Municipal Administration in the case of municipal councils and municipal corporations except Chennai City Municipal Corporation shall be the State Election Officer who shall co-ordinate and supervise the preparation and publication of electoral rolls and also the conduct of all elections, respectively, to the town panchayats, municipal councils and all municipal corporations, except Chennai City Municipal Corporation in the State. The State Election Officer shall also perform such other functions as may be entrusted to him by the Election Commission from time to time.

13. District Election Officer.— The respective District Collector shall be the District Election Officer, in respect of town panchayats, municipal councils and municipal corporations, except in the district of Chennai. The Commissioner of Chennai City Municipal Corporation shall be the District Election Officer, for the Chennai City Municipal Corporation. The District Election Officer shall co-ordinate and supervise the works in connection with the preparation and publication of electoral rolls and the conduct of elections. The District Election Officer shall also perform such other functions as may be entrusted to him by the Election Commission from time to time.

14. Electoral Registration Officer.— The Election Commission shall authorise the Executive Officer of the respective town panchayat or the Commissioner of the respective municipal council or municipal corporation or any other officer, as the case may be, as the Electoral Registration Officer, for the purposes of preparing and publishing the electoral rolls of the town panchayat or the municipal council or the municipal corporation and in respect of the Wards in their jurisdictions.

15. Returning Officer and his duties.— (1) The Election Commission or the State Election Officer or the District Election Officer except the District Election Officer of the Chennai City Municipal Corporation, if specifically directed by the Commission, shall appoint the Executive Officer of the town panchayat or the Commissioner of the municipal council or municipal corporation or any other officer of the Government as Returning Officer for the conduct of election under these rules.

(2) Subject to the superintendence, direction and control of the Election Commission, and under the supervision and guidance of the State Election Officer and the District Election Officer, the Returning Officer shall be responsible for the proper conduct of the elections in the manner provided in the Act, these rules or any other order issued by the Election Commission from time to time.

16. Provision of polling stations.— The Returning Officer shall, with the approval of the District Election Officer, provide sufficient number of polling stations for every ward of a town panchayat or municipal council or municipal corporation, as the case may be, in such manner as the Election Commission may direct and shall, publish at such place or places and in such manner as the Election Commission may direct, a list, in the language or languages in which the electoral roll of the area is prepared, showing the names of polling stations so provided and the polling area or areas or group of voters for which they have been provided.

17. Observers.— (1) The Election Commission may nominate an Observer who shall be an officer of the Government to watch the conduct of election or elections in a town panchayat or municipal council or municipal corporation or a part or a group thereof within a Revenue division or a part of Revenue division or a group of Revenue divisions or a district and to perform such other functions as may be entrusted to him by the Election Commission.

(2) The Observer nominated under sub-rule (1) shall have the power to direct the Returning Officer appointed for the conduct of the election for which he has been nominated, to stop the counting of votes at any time before the declaration of the result or not to declare the result, if in the opinion of the Observer booth capturing has taken place at a large number of polling stations or at places fixed for the poll or counting of votes or any ballot box or electronic voting machine used at a polling station or at a place fixed for the poll is unlawfully taken out of the custody of the Presiding Officer or the Returning Officer or if at any time before the counting of the votes is completed, ballot boxes or electronic voting machines used at a polling station are unlawfully taken out of the custody of the Returning Officer or are accidentally or intentionally destroyed or lost or damaged or tampered with to such an extent that the result of the poll at that polling station or place cannot be ascertained.

(3) Where an Observer has directed the Returning Officer under this rule to stop counting of votes or not to declare the result, the Observer shall forthwith report the matter to the District Election Officer, the State Election Officer and the Election Commission and thereupon the Election Commission or the State Election Officer, as the case may be, shall, after taking all material circumstances into account, issue appropriate direction as prescribed under rule 61 or 97.

Explanation.— For the purposes of sub-rule (2) and sub-rule (3), "Observer" shall include any officer of the Election Commission as has been assigned under this rule the duty of watching the conduct of election or elections in a town panchayat or municipal council or municipal corporation or a part or a group thereof within a Revenue division or a part of Revenue division or a group of Revenue divisions by the Election Commission.

18. Assistant Returning Officer.— (1) The Election Commission or the State Election Officer or the District Election Officer, if so specifically authorised by the Election Commission, may appoint one or more officers as Assistant Returning Officers to assist any Returning Officer in the performance of all or any of his duties and functions:

Provided that every such Assistant Returning Officer shall be an officer of the Government or of the town panchayat or municipal council or municipal corporation, as the case may be, not below the rank of an Assistant in respect of town panchayat and Superintendent in respect of municipal council or municipal corporation.

(2) Every Assistant Returning Officer shall, subject to the control of the Returning Officer, be competent to perform all or any of the duties and functions of the Returning Officer as may be directed from time to time, by the Election Commission or the State Election Officer or the District Election Officer, as the case may be.

19. Appointment of Presiding Officers and Polling Officers.— The Returning Officer shall appoint a Presiding Officer and Polling Officers in accordance with the scale as may be specified by the Election Commission for each polling station:

Provided that only officers or servants of the Government, undertakings owned by the State Government, aided schools or local authorities except the employees of the town panchayat or municipal council or municipal corporation concerned shall be appointed as Presiding Officers:

Provided further that the officer or servants of the Central Government may also be appointed as Presiding Officers or Polling Officers with the permission of the competent authority of that Government. 20. General duties of the Presiding Officer and Polling Officers.— (1) Subject to the provisions of these rules, it shall be the general duty of the Presiding Officer at a polling station to keep order thereat, and to ensure that the poll is freely and fairly taken. It shall be the duty of the Polling Officers to assist the Presiding Officer in the performance of his functions.

(2) If the Presiding Officer, owing to illness or any other unavoidable cause, is obliged to absent himself from the polling station, his duties and functions shall be performed by such Polling Officer as has been specifically authorised by the Returning Officer.

PART III.

PREPARATION AND PUBLICATION OF ELECTORAL ROLL.

21. Preparation of electoral roll.— (1) The Electoral roll of a ward of a town panchayat or municipal council or municipal corporation, as the case may be (hereinafter referred to as the roll), shall be prepared with reference to the qualifying date by the Electoral Registration Officer, by integrating the particulars in the various entries available in such part or portion thereof of the current electoral roll of the Tamil Nadu Legislative Assembly Constituency and the various amendments issued to it from time to time, as they relate to the ward of a town panchayat or municipal council or municipal corporation or portion thereof.

(2) The roll shall be divided into convenient parts which shall be numbered consecutively.

(3) There shall be a separate part or parts of the rolls for each ward of a town panchayat or municipal council or municipal corporation, as the case may be.

(4) The number of names included in any part of the roll shall not ordinarily exceed two thousand and four hundred and in case where it exceeds that number, it shall be prepared in more than one part in a convenient manner, in accordance with the directions issued by the Election Commission from time to time.

(5) The rolls of all wards so prepared, published and put together shall form the electoral roll of the town panchayat or municipal council or municipal corporation, as the case may be.

Explanation.— The electoral roll for a town panchayat or municipal council or municipal corporation need not be prepared or amended separately once the electoral rolls of all the constituent wards have been prepared or amended under rule 25.

(6) The electoral roll shall be prepared before every general or mid – term election.

22. Form and language of the roll.— The roll shall be prepared in the format adopted in the roll of Tamil Nadu Legislative Assembly constituency. The title and other particulars shall be in accordance with the directions of the Election Commission issued from time to time. The roll shall be prepared in such language or languages in which the roll of the Tamil Nadu Legislative Assembly Constituency within which the ward of the town panchayat or municipal council or municipal corporation is situated, is prepared.

23. Order of names.— (1) The names of electors in each part of the roll shall be arranged according to house numbers.

(2) The names of electors in each part of the roll shall be numbered consecutively with separate serial numbers beginning with number one.

24. Publication of copies of rolls.— (1) As soon as the roll is prepared in accordance with these rules, the Electoral Registration Officer shall get it printed or cyclostyled or written in manuscript as many copies of the roll as may be directed by the Election Commission from time to time. He shall then publish at the office of the town panchayat or municipal council or municipal corporation and in one or more conspicuous places of the ward, the roll along with a notice in Form 1, by making copies thereof available for inspection by public and political parties.

(2) The Electoral Registration Officer may also give further publicity to the roll so published as he may consider necessary.

(3) He shall supply, free of cost, if so directed by the Election Commission, two copies of the roll to each of the recognised political parties as notified by the Election Commission from time to time.

(4) Upon such publication under this rule, the roll shall be the electoral roll of the ward or of the town panchayat or municipal council or municipal corporation, as the case may be, and shall remain in force till a fresh roll is prepared and published.

25. Procedure in case of claims and objections.— Omissions of name in any part of the roll or objection to any entry in the roll, at any point of time after its publication under rule 24, shall be settled first by getting amended suitably the relevant portion of the electoral roll of the Tamil Nadu Legislative Assembly Constituency, based on which the role of the town panchayat or municipal council or municipal corporation was prepared. Anybody wishing to raise a claim for inclusion of any name in the roll or any objection in respect of any entry in the roll so published, shall submit a claim or objection under the provisions of the Registration of Electors Rules, 1960, to the Electoral Registration Officer of the concerned Legislative Assembly Constituency. Subject to the provisions of the Act and based on the orders of the Electoral Registration Officer of the Assembly Constituency on such claims and objections, the Electoral Registration Officer shall amend the relevant portion of the town panchayat or municipal council or municipal corporation electoral roll, incorporating the changes by issuing an amendment. In case of any clerical or printing error or when the entries deviate from the particulars of the Assembly roll, the concerned Electoral Registration Officer may cause such errors, omissions or commissions rectified so as to bring it in conformity with the particulars of the Assembly roll concerned. The Electoral Registration Officer, shall not resort to suo-motu revision of the rolls by way of deletions, additions or modifications.

26. Special Provision for preparation of rolls on changes in jurisdiction and on consequential re-delimitation of wards.— (1) If there is any change in the jurisdiction of a town panchayat or municipal council or municipal corporation or if the ward of the town panchayat or municipal council or municipal corporation is delimited anew in accordance with law and if it is necessary to prepare the rolls urgently, the Election Commission may direct that the rolls shall be prepared,—

(a) by putting together the rolls of the existing wards or divisions comprising the new wards or divisions so formed; and

(b) by making appropriate alteration in the arrangements, serial numbers and headings of the rolls so compiled.

(2) The roll so prepared shall be published in the manner specified in rule 24 and on such publication, shall be the roll for the newly created town panchayat or municipal council or municipal corporation or delimited ward or division.

27. Sale of electoral rolls and custody of rolls.— (1) After its publication, copies of the rolls or portion or extract thereof, may be sold to the public at the prices determined by the Election Commission from time to time and the proceeds thereof shall be remitted to the funds of the town panchayat or municipal council or municipal corporation concerned.

(2) One copy of the roll relating to each ward of the town panchayat or municipal council or municipal corporation duly authenticated by the Electoral Registration Officer shall be kept in his office for a period of six years from the date of its final publication or till a new roll is published, whichever is earlier.

PART IV.

NOTIFICATION OF ELECTION AND NOMINATION OF CANDIDATES.

28. Notification of programme of election.— (1) For the purposes of filling up of ordinary and casual vacancies the Election Commission, shall, in pursuance of the Constitutional provisions and in consultation with the Government, publish one or more notifications in the manner specified below, calling upon the electors to elect Councillors on such date or dates as may be specified therein.

(2) The notifications referred to in sub-rule (1) shall specify,-

(i) the date on which the public notice of election shall be published;

(ii) the last date for making nominations, which shall be the seventh day after the publication of the public notice referred to in clause (i) or if that day is a public holiday, the next succeeding day which is not a public holiday, the hours between which the nomination can be made being 11.00 a.m. and 3.00 p.m. on each day;

(iii) the time and date for taking up the scrutiny of nominations, which shall be 11.00 a.m. of the day immediately following the last date for making nominations or, if that date is a public holiday, the next succeeding day which is not a public holiday;

(iv) the hour and date upto which the withdrawal of candidature can be made, which shall be 3.00 p.m. on the second day after the date for the scrutiny of nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday;

(v) the date or dates on which the votes of electors will be taken, should there be a poll, shall be a date not earlier than the seventh day after the last date for the withdrawal of candidature and the hours during which the poll will be open being not less than ten hours between 7.00 a.m. and 5.30 p.m.;

(vi) the date before which the election shall be completed; and

(vii) the date on which the first meeting of the newly elected councillors shall be held in the case of general elections.

(3) The notifications referred to in sub-rule (1) shall be published in the Tamil Nadu Government Gazette. The Election Commission may also arrange to publish the notifications at such other places as it deems fit, to give further publicity to the notification.

29. Notice of Election.— (1) In pursuance of the notification of the Election Commission under rule 28, the Returning Officer shall cause to be published, on the appointed date, a notice of election in Tamil in Form 2 and also in any other language or languages in which the electoral roll is published for the election of Councillors, in the town panchayat or municipal council or municipal corporation office and also affix a copy of the notice in two conspicuous places in the concerned wards.

(2) The notice of election shall contain the following particulars, namely:—

(a) the ward or wards for which elections are to be held;

(b) whether the ward is reserved or not; if reserved, whether it is reserved for the Scheduled Caste, or the Scheduled Tribe or for Woman;

(c) the dates on which, the place or places at which and the hours between which nomination papers shall be presented;

(d) the person or persons by whom the nomination papers will be received;

(e) the date on which and the hours at which and the place at which the nomination papers will be taken up for scrutiny;

(f) the last date on which and the hours upto which the nomination papers can be withdrawn;

(g) the date on which and the place or places at which and the hours between which the votes of the electors will be taken at the poll, should there be a poll;

(h) the date on which and the place or places and hour at which the Returning Officer will commence the counting of votes;

(i) the date before which the election shall be completed; and

(j) the date on which the first meeting of the newly elected councillors shall be held in the case of general elections.

30. Presentation of Nomination Paper.— (1) The nomination of every candidate shall be made by means of a nomination paper in Form 3. Copies of the Form can be had from the offices specified in the notice of election on any working day.

(2) On the date or dates specified in the election notice for the presentation of nomination papers, each candidate qualified to contest the election shall, either in person or by his proposer, deliver to the Returning Officer at the place and during the hours specified in that behalf, a nomination paper completed in Form 3 and signed by the candidate and by a proposer who shall be an elector in the ward of the town panchayat or municipal council or municipal corporation, in the election of Councillors:

Provided that no nomination paper for election shall be delivered to the Returning Officer on a day which is a public holiday.

Explanation.— The candidate for a ward of a town panchayat or municipal council or municipal corporation need not be an elector of that ward. However, he should be an elector in that town panchayat or municipal council or municipal corporation.

(3) (a) Every candidate at the time of filing his nomination paper for any general election or mid-term election for electing a Councillor of any town panchayat/municipal council/municipal corporation shall furnish full and complete information in an affidavit in Form 4.

(b) The said affidavit shall be duly sworn before a Magistrate of the First Class or a Notary Public or a Commissioner of Oaths appointed by the High Court of Madras or before an officer competent for swearing an affidavit. The affidavit shall be prepared in a Non judicial stamp paper of a value of not less than Rs. 20/- (Rupees twenty only).

(c) Non-furnishing of the affidavit by any candidate shall be considered to be a violation of this rule and the nomination of the candidate concerned shall be liable for rejection by the Returning Officer at the time of scrutiny of nomination papers.

(d) If more than one nomination has been filed by a candidate for an election, the affidavit shall be annexed along with the first nomination and there is no need to furnish the affidavit with the other nomination papers.

(e) The information so furnished by each candidate in the affidavit shall be disseminated by the respective Returning Officers by displaying a copy of the affidavit on the notice board of his office and also by making copies thereof available to all other candidates on demand and to the representatives of the print and the electronic media.

(f) If any rival candidate has furnished any information to the contrary, by means of a duly sworn affidavit, then such affidavit of the rival candidate shall also be disseminated along with the affidavit of the candidate concerned in the manner prescribed in clause (e).

(g) All the Returning Officers shall ensure that the format of the affidavit in Form 4 shall be furnished to the candidates along with the Forms of nomination papers as part of the nomination papers.

(h) In case of furnishing of any false information by any candidate, the Returning Officer concerned may initiate criminal action against the candidate, for an offence punishable under section 177 of Indian Penal Code, 1860 (Central Act XLV of 1860) after providing reasonable opportunity of hearing and by following the procedure contemplated in section 195 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

(4) If the seat is reserved for the Scheduled Castes or the Scheduled Tribes, a candidate shall furnish a declaration in the nomination Form, specifying the Caste or Tribe of which he is a member and the area in relation to which that Caste or Tribe is notified as a Scheduled Caste or Scheduled Tribe in the State.

(5) On the presentation of the nomination paper, the Returning Officer shall satisfy himself that the names and roll numbers of the candidate and his proposer as entered in the nomination paper are the same as those entered in the roll:

Provided that the Returning Officer shall permit any misnomer or inaccurate description or clerical or printing error in the nomination paper in regard to the names or numbers, to be corrected or to bring them in conformity with the corresponding entries in the electoral roll and wherever necessary, direct that any clerical or printing error in the said entries shall be overlooked.

(6) Not more than four nomination papers shall be presented by or on behalf of any candidate for any one election.

(7) An elector for whom nomination papers as a candidate are presented for an election shall not sign any nomination paper as a proposer for that election.

31. Deposits.— (1) A candidate shall not be deemed to be duly nominated for election unless at the time of delivery of the nomination paper he deposits or causes to be deposited with the Returning Officer in cash, or encloses with the nomination paper a receipt showing that the amount specified in the Table below has been deposited by him or on his behalf into the account of the town panchayat, municipal council or municipal corporation, concerned.

THE TABLE.

Provided that where a candidate has been nominated for election as a Councillor by more than one nomination paper, not more than one deposit need be made.

(2) (a) The deposit made under sub-rule (1) shall unless forfeited under sub-rule (3) or (4) be returned as soon as practicable after the result of the election is declared:

Provided that where a candidate is not shown in the list of contesting candidates or dies before the commencement of the poll, the deposit shall be returned as soon as practicable after the publication of the list of contesting candidates.

(b) The deposit shall be returned to the candidate, his legal heirs, or a person authorised by him in this behalf.

(3) If a candidate is not elected and the number of valid votes polled by him does not exceed one sixth of the total number of valid votes polled by all the candidates in the ward, the deposit made by him or on his behalf, shall be forfeited to the town panchayat, municipal council or municipal corporation, concerned.

(4) The Returning Officer shall maintain in such Form as may be laid down by the Election Commission, an account of the deposits made.

32. Notice of nominations and the time and place for their scrutiny.— (1) The Returning Officer shall on receiving nomination paper under these rules, inform the person presenting the same, of the date, time and place fixed for the scrutiny of nominations and shall enter on the nomination paper its serial number and shall sign thereon a certificate stating the date on which and the hour at which the nomination paper has been presented to him.

(2) As soon as may be, after the close of the time fixed for receiving nomination papers on each day, the Returning Officer shall cause to be affixed in some conspicuous place in his office a notice in Form 5 of all the nomination papers presented to him on that day.

(3) On the last day, after the expiry of the time fixed for receipt of nomination papers, the Returning Officer shall cause to be affixed in the notice board of his office a consolidated notice in Form 6 of all the nomination papers presented to him and the date, time and place fixed for the scrutiny of nominations.

(4) If a candidate considers that his name is incorrectly spelt or is otherwise incorrectly shown in his nomination paper or is different from the name by which he is popularly known, he may, at any time before the list of contesting candidate is prepared, furnish in writing to the Returning Officer, the proper form and spelling of his name and the Returning Officer shall, on being satisfied as to the genuineness of the request, make necessary correction or alteration in the list in Form 6 and adopt that form and spelling in the list of contesting candidates.

33. Scrutiny of nominations.— (1) On the date and hour notified, the Returning Officer shall take up the scrutiny of nominations at the place fixed for scrutiny. The candidate, one of his proposers and one other person duly authorised by him, may attend the scrutiny. The Returning Officer shall provide them reasonable facilities for examining the nomination papers of all the candidates entered in the list in Form 6.

(2) If any person objects to any nomination, he shall do so in writing. The Returning Officer shall give a written acknowledgement for the receipt of objection.

(3) The Returning Officer shall then examine the nomination papers and decide, ward by ward, the objections which may be raised to any nomination and may either, on such objection, or on his own motion, after such summary inquiry, as he thinks necessary, reject any nomination on any of the following grounds, namely:—

(a) that on the date of filing of nomination papers, the candidate either was not qualified for being elected to fill up the vacancy under any of the provisions of the Act; or

(b) that there has been a failure to comply with any of the provisions contained in rule 30 or 31; or (c) that the signature of the candidate or the proposer on the nomination paper is not genuine; or (d) that, where the election is solely for a seat reserved for the Scheduled Castes or the Scheduled Tribes or Women, the candidate does not belong to such category.

(4) Nothing contained in clause (b) or (c) of sub-rule (3) shall be deemed to authorise the rejection of the nomination of any candidate, if the candidate has been duly nominated by means of another nomination paper in respect of which no defect has been noticed.

(5) The Returning Officer shall not reject any nomination paper on the ground of any defect which is not of a substantial character.

Explanation.— For the purpose of this sub-rule, failure to complete or any defect in completing the declaration as to symbols in a nomination paper shall not be a defect of a substantial character.

(6) Where a person has signed as a proposer in more than one nomination paper in respect of an election, only that nomination paper which has been first received shall be accepted if it is otherwise valid.

(7) The Returning Officer shall hold the scrutiny on the date and time notified in this behalf in the election notice and shall not allow any adjournment of the proceedings except when such proceedings are interrupted or obstructed by riot or open violence or by causes beyond his control:

Provided that if an objection is raised by the Returning Officer or by any other person, the candidate concerned may be allowed time to rebut it not later than 11.00 a.m. on the next day following the date fixed for scrutiny. The Returning Officer shall record his decision on that nomination on the adjourned date.

(8) The Returning Officer shall endorse on each nomination paper his decision accepting or rejecting the same. If the nomination paper is rejected, he shall record in writing a brief statement of his reasons for such rejection. A copy of the same may be furnished to the candidate concerned, if any application in this behalf has been made by him.

(9) Immediately after all the nomination papers are scrutinized and decisions accepting or rejecting the same are recorded, the Returning Officer shall prepare a list of validly nominated candidates, in the order of Tamil alphabet, in Form 7 and publish a copy thereof at the place notified for receipt of nominations.

34. Withdrawal of candidature.— (1) Any candidate may withdraw his candidature by a notice in Form 8 subscribed by him and delivered to the Returning Officer before the time fixed for the purpose. The notice may be delivered either by such candidate in person or by his proposer, who has been authorised in this behalf in writing, by such candidate.

(2) On receipt of such notice, the Returning Officer shall note thereon the date and time at which it was delivered to him.

(3) No person who has given notice of withdrawal of his candidature under sub-rule (1), shall be allowed to cancel the notice.

(4) The Returning Officer shall, on being satisfied as to the genuineness of the notice of withdrawal and the identity of the person delivering it under sub-rule (1), cause a notice showing the list of candidates who have withdrawn their candidature in Form 9 to be affixed in the notice board of his office.

35. Preparation of list of contesting candidates.— (1) Immediately after the expiry of the period within which candidature is allowed to be withdrawn under sub-rule (1) of rule 34, the Returning Officer shall prepare in Form 10, a list of contesting candidates, that is to say, candidates who are included in the list of validly nominated candidates and who have not withdrawn their candidature within the period allowed for the withdrawal.

(2) The said list shall contain,—

(a) the names, as corrected under sub-rule (4) of rule 32, and arranged in the order of Tamil alphabet;

(b) the addresses of the contesting candidates as given in the nomination papers; and

(c) other particulars set out in Form 10.

36. Procedure in contested and uncontested election.— (1) The Returning Officer shall immediately after the preparation of the list of contesting candidates referred to in rule 35, adopt the procedure specified hereunder and determine the seat in respect of which a poll is necessary:-

(a) if there is only one contesting candidate, the Returning Officer shall, after publishing the list in Form 10 at the places mentioned in sub-rule (4) of rule 39, declare such candidate to be duly elected.

(b) if there are two or more contesting candidates, the Returning Officer shall arrange for a poll to be taken.

(c) if there is no contesting candidate, a report shall be sent to the Election Commission, State Election Officer and the District Election Officer for starting the election proceedings afresh in all respects as if for a new election.

(2) The declaration referred to in clause (a) of sub-rule (1) above shall be made in Form 28. The Returning Officer shall also cause to be affixed in some conspicuous place in his office, a copy of the declaration.

37. Recognition of political parties.— Every political party recognised by the Election Commission of India as a National party or as a State party in the State under the Election Symbols (Reservation and Allotment) Order, 1968 shall be a recognised political party for the purpose of election under these rules.

38. Publication of a list of recognised parties and symbols.— For the purpose of these rules, the Election Commission shall publish by a notification a list of recognised political parties and symbols reserved to each such recognised political party and a list of free symbols.

39. Assignment of symbols and publication of list of contesting candidates.— (1) After expiry of the period for withdrawal of candidature, if a poll is found to be necessary, the Returning Officer shall, subject to such direction as may be issued by the Election Commission in that behalf, assign a distinctive symbol to each contesting candidate and also be supplied with a specimen thereof.

(2) The allotment by the Returning Officer of any symbol to a candidate shall be final except where it is inconsistent with any direction issued by the Election Commission under sub-rule (1). In such cases, the Election Commission may revise the allotment in such manner as it thinks fit.

(3) Notwithstanding anything contained in sub-rule (1), the Election Commission may by order rescind, revoke, amend or vary the direction issued under sub-rule (1) for the assignment of symbols to the contesting candidates, at any stage before the last date fixed for finalising the list of contesting candidates in Form 10.

(4) The Returning Officer shall then complete the list of contesting candidates in Form 10 and publish the same at the office of the town panchayat or municipal council or municipal corporation, as the case may be. The list shall also be displayed in two or more conspicuous places in the respective ward.

40. Death of candidate before poll.— If a candidate, set up by a recognised political party,- (a) dies at any time after 11.00 a.m. on the last date for making nominations and his nomination is found valid on scrutiny under rule 33; or

(b) whose nomination has been found valid on scrutiny under rule 33 and who has not withdrawn his candidature under rule 34, dies, and in either case, a report of his death is received at any time before the publication of the list of contesting candidates under rule 39; or

(c) dies as a contesting candidate and a report of his death is received before the commencement of the poll, the Returning Officer shall, upon being satisfied about the fact of the death of the candidate, by order, adjourn the poll and report the fact to the Election Commission, the State Election Officer and the District Election Officer and all proceedings with reference to the election shall be commenced afresh in all respects, by the Election Commission, as if for a new election:

Provided that no order for adjourning the poll should be made in a case referred to in clause (a) except after the scrutiny of all the nominations including the nomination of the deceased candidate:

Provided further that no fresh nomination shall be necessary in the case of a person who was a contesting candidate at the time of the adjournment of the poll.

PART V.

POLL.

41. Appointment of polling personnel.— (1) If a poll has to be taken, the Returning Officer shall appoint for each polling station one Presiding Officer, as many Polling Officers as may be authorised by the Election Commission, and such other persons to assist the Presiding Officer.

(2) The Presiding Officer shall ensure that votes are recorded at the Polling Station with absolute secrecy and he shall regulate the number of electors to be admitted at one time and shall exclude all other persons except,-

(a) the contesting candidates, their election agents and one polling agent at a time for each contesting candidate;

(b) a child in arms accompanying an elector;

(c) a person accompanying a blind or infirm elector who cannot move without help;

(d) such other persons as the Returning Officer or the Presiding Officer may admit for the purpose of helping in the identification of the electors or in searching women electors or assisting him otherwise in taking the poll;

(e) public servants on duty in connection with elections; and

(f) such other persons as may be authorised by the Election Commission and the State Election Officer as well as the District Election Officer.

42. Appointment of election agents.— A candidate at an election may appoint any one person to be his election agent. Such an appointment may be made by the candidate by giving notice in Form 11 by forwarding the same in duplicate to the Returning Officer, who shall return one copy thereof after affixing thereon his seal and signature in token of his approval of the appointment.

43. Functions of election agent.— An election agent may perform such functions in connection with the election as are authorised by or under these rules to be performed by an election agent.

44. Appointment of polling agents.— (1) Each contesting candidate or his election agent may appoint one polling agent and one or two relief polling agents as may be specified by the Election Commission from time to time to act as the polling agent of such candidate at each polling station.

(2) Every such appointment shall be made in Form 12 and shall be handed over to the polling agent for production at the polling station.

(3) At every election where a poll is taken, each contesting candidate at such election, his election agent or his polling agent shall have a right to be present at the polling station.

(4) Where any act or thing is required or authorised by this rule to be done in the presence of the polling agent, the non-attendance of any such agent at the time and place appointed for the purpose shall not invalidate the act or thing done, if the act or thing is otherwise done lawfully.

45. Arrangements at polling station.— (1) At each polling station there shall be set up one or more voting compartments as the Election Commission may direct, from time to time in which electors can record their votes screened from the observation of all others.

(2) The Returning Officer shall provide at each polling station sufficient number of ballot boxes, copies of the relevant part of the electoral roll, ballot papers, instruments for stamping the distinguishing mark on ballot papers and instruments necessary for electors to mark the ballot papers.

(3) Every ballot box shall be so constructed that ballot papers can be inserted therein but cannot be withdrawn therefrom without the box being unlocked or opened.

(4) At the entrance to each polling station there shall be displayed prominently a notice showing the number and names of the contesting candidates as published in Form 10, the distinctive symbol assigned to each candidate in respect of the election for which poll is taken in that polling station and a notice showing the polling area and the groups of electors who are entitled to vote at that polling station.

46. Preparation of ballot boxes for poll.— (1) Where a paper seal is used in an election for securing a ballot box, the Presiding Officer shall affix his own signature on the reverse side of the paper seal and obtain thereon the signatures of such of the polling agents present as are desirous of affixing the same.

(2) The Presiding Officer shall thereafter fix the paper seal so signed in the space meant therefor in the ballot box and shall secure the seal in such a manner that the slit for the insertion of the ballot papers thereinto remains open. An account of the paper seals used shall also be maintained by the Presiding Officer as directed by the Election Commission. The Presiding Officer may also permit the polling agents to note down the serial numbers of the paper seals used.

(3) The paper seal used for securing a ballot box shall be affixed in such manner that after the box has been closed it is not possible to open it without breaking the seal.

(4) Where it is not necessary to use paper seals for securing the ballot boxes, the Presiding Officer shall secure and seal the ballot box in such manner that the slit for insertion of ballot papers remains open and allow the polling agents present to affix their seals, if they so desire.

(5) Every ballot box used at a polling station shall bear labels and address tags both inside and outside marked with,—

(a) the name of the town panchayat or municipal council or municipal corporation and number of the ward;

(b) the serial number and name of the polling station;

(c) the serial number of the ballot box (to be filled in, at the end of the poll on the label and address tag outside the ballot box only); and

(d) the date of poll.

(6) The Presiding Officer shall, immediately before the commencement of the poll, show ballot box empty to such contesting candidates, election agents, polling agents and other authorised persons as are present and then lock it up and place his seal upon it. The ballot box shall then be closed, sealed and secured and placed in full view of the Presiding Officer and the polling agents. The Presiding Officer shall also sign the declaration in Part I in Form 13 and also obtain the signatures of such of the polling agents who are present and are willing to affix their signatures. He shall repeat this process as and when another ballot box is prepared for use. At the end of the poll, a further declaration in Part II of Form 13 shall be recorded in the same manner.

(7) Before the polling station is opened for the recording of votes, the Presiding Officer shall read the relevant provision of the Act relating to the maintenance of secrecy of elections to such persons as may be present and shall also explain the substance thereof in Tamil.

47. Marked copy of electoral roll.— (1) There shall be as many marked copies of electoral rolls as may be specified by the Election Commission for a polling station.

(2) Immediately before the commencement of the poll, the Presiding Officer shall demonstrate to the polling agents and others present that the marked copy of the electoral roll or rolls to be used during the poll does not contain any entry other than those made in pursuance of these rules and other authorised corrections made by the Electoral Registration Officer.

48. Facilities for women electors.— (1) Where a polling station is for both men and women electors, the Presiding Officer may direct that they shall be admitted into the polling station alternately in separate batches.

(2) The Returning Officer or the Presiding Officer may engage the services of a woman to serve as an attendant at any polling station to assist women electors and also to assist the Presiding Officer, in taking the poll in respect of women electors generally, and in particular to help in searching any woman elector in case it becomes necessary.

49. Challenging of identity.— (1) Any polling agent may challenge the identity of a person claiming to be a particular elector by first depositing a sum of one hundred rupees in cash with the Presiding Officer for each such challenge.

(2) On such deposit being made, the Presiding Officer shall,-

(a) warn the person challenged of the penalty for personation;

(b) read the relevant entry in the electoral roll in full and ask him whether he is the person referred to in that entry;

(c) enter his name and address in the list of challenged votes in Form 14; and

(d) require him to sign in the said list.

(3) The Presiding Officer shall thereafter hold a summary inquiry into the challenge and may for that purpose,–

(a) require the challenger to adduce evidence in proof of the challenge and the person challenged to adduce evidence in proof of his identity;

(b) put to the person challenged any question necessary for the purpose of establishing his identity and require him to answer them on oath; andTAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 31 (c) administer an oath to the person challenged and any other person offering to give evidence.

(4) If, after the inquiry, the Presiding Officer considers that the challenge has not been established, he shall allow the person challenged to vote and if he considers that the challenge has been established, he shall debar the person challenged from voting, besides taking appropriate action against him.

(5) If the Presiding Officer is of the opinion that the challenge is frivolous or has not been made in good faith, he shall direct that the deposit made under sub-rule (1) be forfeited to town panchayat or municipal council or municipal corporation, as the case may be, and in any other case, he shall return it to the challenger at the conclusion of the inquiry.

50. Identification of electors.— (1) The Presiding Officer may seek the assistance of such local persons as he thinks fit to help in the identification of the electors or to assist him otherwise in taking the poll.

(2) As each elector enters the polling station, the Presiding Officer or the Polling Officer authorised by him in this behalf, shall check the elector's name and other particulars with the relevant entry in the electoral roll and then call out the serial number, name and other particulars of the elector.

(3) In deciding the right of a person to obtain a ballot paper, the Presiding Officer or the Polling Officer, as the case may be, shall overlook mere clerical or printing error in any entry in the electoral roll, if he is satisfied that he is the elector to whom that entry relates.

51. Safeguards against personation.— (1) Every elector, shall before receiving the ballot paper allow,—

(a) the inspection of his left forefinger by the Presiding Officer or Polling Officer; and

(b) an indelible ink mark to be put on the back of left forefinger immediately above the root of the nail on skin or in such manner as the Election Commission may direct in special circumstances.

(2) If any such elector,—

(a) refuses to allow such inspection of his left forefinger by the Presiding Officer or Polling Officer as the case may be; or

(b) refuses to allow an indelible ink mark to be put on left forefinger; or

(c) persists in doing any act with a view to remove any such mark after it has been put, he shall not be entitled to be supplied with any ballot paper or to record his vote at the election.

(3) No person who has already such mark on the left forefinger shall be supplied with a ballot paper.

(4) Any reference in these rules to the left forefinger of an elector shall, in the case where the elector has his left forefinger missing, be construed as a reference to any other finger or fingers on his left hand, and shall in case where all the fingers of his left hand are missing, be construed as a reference to the forefinger or any other finger or fingers of his right hand, and shall in the case where all his fingers of both the hands are missing be construed as a reference to such extremity of his left or right arm as he possesses.

(5) With a view to prevent impersonation of electors and facilitating their identification at the time of poll, every elector shall produce documentary evidence establishing his identity as may be specified and in the manner directed by the Election Commission in this behalf, from time to time.

52. Right to vote.— (1) No person whose name is not entered in the electoral roll of any ward shall be entitled to vote.

(2) No person shall vote at an election if he is subject to any of the disqualifications referred to in section 16 of the Representation of the People Act, 1950 (Central Act 43 of 1950) or the relevant sections of the Act.

(3) No person shall vote in more than one ward in a town panchayat or a municipal council or a municipal corporation notwithstanding the fact that his name may have been registered in the electoral roll of more than one ward of the town panchayat or the municipal council or the municipal corporation and if a person votes in more than one ward, his votes in all such wards shall be void.

(4) No person shall at any election, vote in the same ward more than once, notwithstanding the fact that his name may have been registered in the electoral roll for that ward more than once and if he does vote more than once, all his votes in the ward shall be void.

(5) No person shall vote at any election if he is confined in a prison whether under a sentence of imprisonment or otherwise:

Provided that nothing in this sub-rule shall apply to a person subjected to preventive detention under any law for the time being in force.

53. Ballot papers.— (1) Every ballot paper for election of Councillor shall be in Form 15 with a counterfoil attached to it. The names of the contesting candidates with their respective distinctive symbols shall be printed in Tamil on the ballot papers in the same order in which the names appear in Form 10. The size and colour of the ballot paper and other matters relating thereto shall be, as directed by the Election Commission from time to time.

(2) Both the ballot papers and the counterfoils, shall be serially numbered and shall be stamped on their reverse by such distinguishing mark and in such manner as may be directed by the Election Commission from time to time.

54. Manner of voting.— At every election where a poll is taken, votes shall be given by ballot and all voters voting at an election shall do so in person at the polling station and no votes shall be received by proxy.

55. Issue of ballot papers and voting procedure.— (1) Before any ballot paper is delivered to an elector, the Presiding Officer shall affix his signature in full on the back of each ballot paper and affix the distinguishing mark of the polling station. The electoral roll number and other particulars of the elector shall be noted in the counterfoil, and the elector shall be required to sign it. The entry relating to the elector in the marked copy of the electoral roll shall be underlined. No person in the polling station shall note down the serial number of the ballot paper issued to a particular elector.

(2) Each elector shall be given only one ballot paper. The elector, on receiving the ballot paper, shall forthwith proceed to one of the voting compartments which is vacant, and there, with the aid of the instrument supplied for the purpose, make a mark on the ballot paper against the name or symbol of the candidate for whom he intends to vote. The mark may be made anywhere in the compartment within which the name and symbol, of such candidate is printed on the ballot paper. He shall then fold the ballot paper so as to conceal his vote and after showing to the Polling Officer the distinguishing mark stamped on its back, insert the folded ballot paper into the ballot box kept for the purpose.

(3) Every elector shall vote without undue delay and shall quit the polling station as soon as he has voted. He shall not place anything except ballot paper in the ballot box. Anything other than ballot papers found in the box at the time of counting of votes, shall be forfeited.

(4) No elector shall be allowed to enter a voting compartment when another elector is inside.

56. Voting procedure for electors on election duty.— (1) When an elector entitled to vote at an election is duly appointed for election duty at a polling station at which he is not ordinarily entitled to record his vote, or is drafted for other election duty and is unable to vote, he may send a request in Form16 to the Returning Officer so as to reach him at least seven days, or such shorter period as the Returning Officer may allow, before the date of the poll. If the Returning Officer is satisfied that the applicant is so entitled to vote, he shall forward to the applicant, an election duty certificate in Form 17 along with a ballot paper from out of those meant for the polling station where the applicant is ordinarily entitled to record his vote. The Returning Officer shall stamp on the back of the ballot paper and the counterfoil the letters "EDC". He shall before forwarding such ballot paper, underline the entry and write the letters EDC against that entry relating to thatTAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 33 elector in the marked copy of the electoral roll relating to the polling station at which the elector is entitled to record his vote denoting that the elector has been issued with a ballot paper.

(2) On receiving the ballot paper, the elector on election duty shall record his vote by making a tick mark on the ballot paper against the name or symbol of the candidate to whom he intends to vote. The mark may be made anywhere in the compartment within which the symbol and name of such candidate is printed on the ballot paper. The elector shall sign a declaration in Form 18. He shall then enclose the ballot paper in an envelope provided for the purpose and stick the envelope and secure it by seal or otherwise. He shall then enclose the envelope containing the marked ballot paper in an outer cover provided for this purpose, as well as the election duty certificate and the declaration aforesaid and send it to the Returning Officer by post or by messenger so as to reach him or the person authorised by him before 8.00 a.m. on the day of counting of votes.

57. Recording of votes of blind and infirm electors.— (1) If the Presiding Officer is satisfied that owing to old age or blindness or other physical infirmity, an elector is unable to recognise the symbol on the ballot paper or to read the name of the candidate or to make mark thereon without assistance, the Presiding Officer shall permit the elector to take with him a companion of not less than eighteen years of age to the voting compartment for recording his vote on the ballot paper on his behalf and in accordance with his wishes, and if necessary, for folding the ballot paper so as to conceal the vote and inserting it into the ballot box:

Provided that no person shall be permitted to act as the companion of more than one elector at any polling station on the same day:

Provided further that before any person is permitted to act as the companion of an elector on any day under these rules, the companion shall be required to declare that he shall keep the secrecy of the vote recorded by him on behalf of the elector, and that he has not already acted as the companion of any elector at any polling station on that day.

(2) The Presiding Officer shall keep a record in Form 19 of all such cases under this rule.

58. Spoilt and returned ballot papers.— (1) If an elector after obtaining a ballot paper decides not to use it, he shall return it to the Presiding Officer and the ballot paper so returned shall be marked "Returned- cancelled", and signed by the Presiding Officer.

(2) If an elector has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as ballot paper shall return it to the Presiding Officer, who if satisfied of the inadvertence, may issue another ballot paper and the ballot paper so returned shall be marked "Spoilt-cancelled" and signed by the Presiding Officer.

(3) If an elector to whom a ballot paper has been issued, refuses, after warning given by the Presiding Officer, to observe the procedure as laid down in rule 55, the ballot paper issued to him shall whether he has recorded his vote thereon or not, be taken back from him by the Presiding Officer or a Polling Officer under the direction of the Presiding Officer. After the ballot paper has been taken back, the words "Cancelled: voting procedure violated" shall be marked on its rear side and signed by the Presiding Officer.

(4) All ballot papers returned or taken back under sub-rules (1), (2) and (3) shall be kept in separate covers and put into the relevant packet referred to in sub-rule (4) of rule 62.

59. Tendered Votes.— (1) If a person representing himself to be a particular elector applies for a ballot paper after another person has already voted as such elector, he shall, on satisfactorily answering such questions relating to his identity as the Presiding Officer may ask, be entitled, subject to the following provisions of this rule, to mark a ballot paper (hereinafter referred to in these rules as a "tendered ballot paper") in the same manner as any other elector.

(2) Every person referred to in sub-rule (1) shall before being supplied with a tendered ballot paper, affix his signature against the entry relating to him in a list in Form 20 and in the counterfoil of the ballot paper.

(3) A tendered ballot paper shall be the same as the other ballot papers used at the polling station except that,–

(a) such tendered ballot paper, shall be serially the last in the bundle of ballot papers issued for use at the polling station; and

(b) such tendered ballot paper and its counterfoil shall be endorsed on the back with the words "tendered ballot paper" by the Presiding Officer in his own hand and signed by him.

(4) The elector, after marking a tendered ballot paper in the voting compartment and folding it, shall, instead of putting it into the ballot box, give it to the Presiding Officer, who shall place it in a separate cover superscribed as "Tendered votes".

Explanation.— If the identity of the person who applies for the issue of a tendered vote is challenged, the provisions of rule 49 shall apply.

60. Adjournment of poll in emergencies.— (1) If at a poll, the proceedings at any polling station are interrupted or obstructed by any riot or open violence, or if at an election it is not possible to take the poll at any polling station on account of any natural calamity or any other sufficient cause, the Presiding Officer for such polling station shall stop the poll, inform through the Returning Officer to the Election Commission, State Election Officer and the District Election Officer. The fact, that the poll has been so stopped shall be immediately announced by the Presiding Officer to the persons present at the polling station.

(2) Where a Presiding Officer stops the poll under sub-rule (1), he shall observe the procedure laid down in rule 62 and make a full report of the circumstances to the Returning Officer who shall report the matter to the Election Commission, the State Election Officer and the District Election Officer. The ballot boxes and packets referred to in rule 62 shall also be sent to the Returning Officer, as soon as practicable.

(3) The District Election Officer shall thereupon order,—

(a) that the poll be adjourned and held at such polling station for the number of hours for which it was not held on the previous occasion; or

(b) that the poll be adjourned and held at such polling station for the full number of hours. An order passed by the District Election Officer under this sub-rule shall be final;

(c) when an order under clause (a) or (b) is passed, the Returning Officer shall not count the votes cast at such election until such adjourned poll shall have been completed.

(4) An order passed under clause (a) or (b) of sub-rule (3) shall state,—

(a) the date on which and the hours between which such adjourned poll, shall be held; and (b) the date on which and the place and hour at which the Returning Officer shall commence the counting of the votes.

(5) On receipt of an order passed under sub-rule (3), the Returning Officer shall inform the contesting candidates or their election agents, of the date, time and place fixed for such adjourned poll and affix a notice on the notice board of the town panchayat or municipal council or municipal corporation, as the case may be, and in one or two conspicuous places in the ward specifying the date and time so fixed.

(6) Where an order is passed under these rules for the adjournment of the poll for the number of hours for which it was not held on previous occasion, the Returning Officer shall proceed further as stipulated under sub-rule (1) of rule 41 and return to the Presiding Officer, all the packets received by him under sub-rule (2). The Presiding Officer shall open the packets just before the commencement of such adjourned poll in the presence of such persons who may be present at the polling station and commence such adjourned poll precisely at the hour fixed therefor. At such adjourned poll, the Presiding Officer shall allow only such electors to vote who have not cast their vote on the previous occasion.

(7) Where an order is passed under clause (b) of sub-rule (3) for adjournment of poll for the full number of hours, the Returning Officer shall proceed afresh, under sub-rule (1) of rule 41 and such adjourned poll shall be held at the polling station concerned in accordance with the provisions of these rules in all respects, as if it were being held at such polling station for the first time:

Provided that fresh nomination need not be made.

(8) Notwithstanding anything contained in this rule, if a contesting candidate sponsored by a recognised political party in the election of a Councillor dies at any time before orders are passed by the District Election Officer under sub-rule (3) or at any time after the passing of such order but before the commencement of the such adjourned poll, the Returning Officer shall, upon being satisfied of the fact of the death of the contesting candidate, stop all further proceedings in connection with the election and inform the Election Commission, State Election Officer and the District Election Officer. The Election Commission shall thereupon start election proceedings afresh in all respects as if it were a new election:

Provided that for the election proceedings so started no fresh nomination shall be necessary in the case of the remaining contesting candidates.

61. Fresh poll in the case of destruction etc. of ballot boxes.— (1) If at any election,— (a) any ballot box used at a polling station or at a place appointed for counting of votes is unlawfully taken out of the custody of the Presiding Officer or the Returning Officer, or is accidentally or intentionally destroyed, or lost, or is damaged or tampered with to such an extent that the result of the poll at that polling station cannot be ascertained; or

(b) any such error or irregularity in procedure as is likely to vitiate the poll is committed at a polling station, the Returning Officer shall forthwith report the matter to the Election Commission, State Election Officer and the District Election Officer.

(2) Thereupon, the Election Commission or the State Election Officer shall, after taking all material circumstances into account, either—

(a) declare the poll at the polling station to be void, appoint a day and fix the hours for taking a fresh poll at that polling station and direct that the day so appointed and the hours so fixed be published in the manner laid down in sub-rule (5) of rule 60, besides intimating the contesting candidates or their election agents; or

(b) if satisfied that the result of a fresh poll at the polling station will not in any way affect the result of the election or that the error or irregularity in procedure is not material, issue such directions to the Returning Officer as he may deem proper for the further conduct and completion of the election.

(3) The provisions of these rules or orders made thereunder shall apply to every such fresh poll as they apply to the original poll.

62. Closing of poll.— (1) The Presiding Officer shall close the polling station at the hour fixed in that behalf under these rules and shall not thereafter admit any elector into the polling station:

Provided that unless the poll is stopped under sub-rule (1) of rule 60 all electors present at the polling station before it is closed shall be allowed to cast their votes.

(2) if any question arises whether an elector was present at the polling station before it was closed, it shall be decided by the Presiding Officer whose decision shall be final.

(3) The Presiding Officer of each polling station, as soon as practicable after the close of the poll, shall close the slit of the ballot box or boxes and where the box does not contain any mechanical device for closing the slit, he shall seal up the slit and also allow any candidate or polling agent present to affix his seal. The ballot box shall thereafter be sealed and secured. Where it becomes necessary to use a second ballot box by reason of the first ballot box getting full, the first ballot box shall be closed and sealed before another ballot box is put into use.

(4) The Presiding Officer shall then make up the following into separate packets and seal them with the seal supplied and allow the candidates or agents to affix their own seals if they so desire:-

(i) the marked copy of the electoral roll;

(ii) unused ballot papers and all cancelled ballot papers under rule 58;

(iii) the tendered ballot papers and the tendered voters list;

(iv) the unused and damaged paper seals;

(v) receipt for challenge fee, statement of deposit on challenged votes and the list of challenged votes; and

(vi) any other papers that may be specified by the Election Commission.

(5) The Presiding Officer shall also prepare separate covers as indicated below:-

(a) Covers containing,—

(i) ballot paper account in Form 21;

(ii) paper seal account; and

(iii) presiding officer's diary;

(b) Covers containing record of blind or infirm voters and declaration by companions of blind or infirm voters;

(c) A Miscellaneous cover containing,—

(i) reference copy of electoral roll;

(ii) declaration by presiding officer;

(iii) appointment letters of polling agents;

(iv) unused stationery;

(v) pusher; and

(vi) other polling materials like drawing pins, badges with safety pin, gem-clips, etc. (6) The Presiding Officer shall also prepare any other cover that may be specified by the Election Commission.

(7) The Presiding Officer shall furnish to every polling agent present at the close of the poll, a true copy of the entries made in the ballot paper account after obtaining a receipt from the said polling agent therefor and shall also attest it as a true copy.

63. Transmission of ballot boxes, etc. to the Returning Officer.— The Presiding Officer shall then deliver or cause to be delivered to the Returning Officer at such place as the Returning Officer may direct,—

(a) the ballot boxes including unused ballot boxes;

(b) the cover containing the ballot paper account, paper seal account and Presiding Officer's Diary;

(c) the sealed covers referred to in rule 62;

(d) all other papers and marking or stamping articles used at the poll; and

(e) cash, if any forfeited under sub-rule (5) of rule 49.

PART VI.

COUNTING OF VOTES.

64. Admission to the place fixed for counting.— (1) The counting of votes shall take place on the day at the place and hour appointed in that behalf. The votes shall be counted by or under the supervision and direction of the Returning Officer. Each contesting candidate, his election agent and such number of his counting agents as may be specified by the Election Commission, shall have a right to be present at the time of counting. The counting agents shall be appointed in writing by the candidate or his election agent in Form 25. No other person shall be allowed to be present, except,—

(a) such persons hereinafter referred to as the "Counting Supervisor" or "Counting Assistant" whom the Returning Officer may appoint to assist him in the counting of votes;

(b) public servants on duty in connection with the election; and

(c) such persons as may be authorised by the Election Commission.

(2) No person who has been employed by or on behalf of any candidate for any purpose whatsoever connected with the election shall be appointed to assist in the counting of votes.

65. Maintenance of secrecy of elections.— The Returning Officer shall, before he commences to count the votes, read the provisions of the Act relating to the maintenance of secrecy of elections to such persons as may be present.

66. Counting of postal ballot papers and scrutiny and opening of ballot boxes.— (1) The Returning Officer shall first deal with the postal ballot papers received by him within the time prescribed therefor, as specified below:-

(a) No outer cover referred to in sub-rule (2) of rule 56 received by the Returning Officer after the expiry of the time fixed in that behalf shall be opened and no vote contained in any such cover shall be counted.

(b) The outer covers shall be opened one after another and the election duty certificates and declaration in Form 18 contained therein shall be collected together, counted and sealed in a separate packet.

(c) The envelopes containing the marked ballot papers shall then be opened one after another and the votes counted. If the declaration in Form 18 is not found or has not been duly signed or is otherwise substantially defective, in any envelope, after making an appropriate endorsement thereon, the Returning Officer shall reject the ballot paper contained therein.

(2) The ballot boxes relating to each of the polling stations shall then be taken up for counting. The Returning Officer may in his discretion have the ballot boxes used at more than one polling station opened and their contents counted simultaneously.

(3) Before any ballot box is opened at a counting table, the counting agents present at that table shall be allowed to inspect the paper seal and other seals on the ballot box and satisfy themselves that they are intact.

(4) The Returning Officer shall satisfy himself that none of the ballot boxes has been tampered with.

(5) If the Returning Officer is satisfied that any ballot box has been tampered with, he shall not count the ballot papers contained in that box and shall follow the procedure laid down in rule 61 in respect of that polling station.

(6) If a fresh poll is held under rule 61, the Returning Officer shall, after completion of that poll recommence the counting of votes on the date, at the time and place which have been fixed by the Election Commission or the State Election Officer in that behalf and of which notice has been previously given to the contesting candidates and their election agents. The provisions of this Part shall apply, so far as may be, to such further counting.

(7) The Returning Officer shall verify the ballot paper account prepared and delivered in Form 21 by the Presiding Officer under rule 63.

(8) The Returning Officer shall allow the candidates and their agents reasonable opportunity to inspect, without handling the ballot papers which in his opinion are liable to be rejected under rule 68. He shall endorse on every ballot paper which he rejects, the letter 'R' and the ground of rejection in abbreviated form either in his own hand writing or by means of a rubber stamp and shall initial such endorsement.

67. Destruction or loss of ballot papers at the time of counting.— (1) If at any time before the counting of votes is completed, ballot papers used at a polling station are unlawfully taken out of the custody of the Returning Officer or accidentally or intentionally destroyed or lost or damaged or tampered with, to such an extent that the result of the poll of that polling station cannot be ascertained, the Returning Officer shall forthwith report the matter to the Election Commission, the State Election Officer and the District Election Officer.

(2) Thereupon, the Election Commission or the State Election Officer shall after taking all material circumstances into account either,—

(a) direct that the counting of votes shall be stopped, declare the poll at the polling station to be void, appoint the date and fix the hour for taking a fresh poll at the polling station and notify the date so appointed and hour so fixed in such a manner as he may deem fit; or

(b) if satisfied that the outcome of a fresh poll at that polling station will not in any way affect the result of the election, the Election Commission or the State Election Officer shall issue such direction to the Returning Officer as he may deem proper for resumption and completion of the counting and for the further conduct and completion of the election in relation to which the votes have been counted.

(3) Provisions of these rules shall apply to every such fresh poll as they apply to the original poll.

68. Rejection of ballot papers.— (1) A ballot paper shall be rejected,—

(a) if it bears any mark or writing by which the elector can be identified; or

(b) if no vote is recorded thereon, or it bears a mark made otherwise than with the instrument supplied for the purpose; or

(c) if votes are given on it in favour of more than one candidate; or

(d) if the mark indicating the vote thereon is placed in such a manner as to make it doubtful to which candidate the vote has been given; or

(e) if it is a spurious ballot paper; or

(f) if it is so damaged or mutilated that its identity as a genuine ballot paper cannot be established; or

(g) if it bears a serial number, or is of a design, different from the serial numbers or design, as the case may be, of the ballot paper authorised for use at the particular polling station; or

(h) if it does not bear the distinguishing mark or the signature of the Presiding Officer which it should have borne under the provisions of sub-rule (1) of rule 55 or the letters "EDC" under the sub-rule (1) of rule 56; or

(i) if it is not the relevant ballot paper:

Provided that where the Returning Officer is satisfied that any such defect as is mentioned in clause (g) or clause (h) has been caused by any mistake or failure on the part of a Presiding Officer, the ballot paper shall not be rejected merely on the ground of such defect:

Provided further that a ballot paper shall not be rejected merely on the ground that the mark indicating the vote is not distinct or made more than once, if the intention that the vote shall be for a particular candidate clearly appears from the way the paper is marked.

(2) All ballot papers rejected under this rule shall be made into a separate bundle.

(3) The decision of the Returning Officer under this rule shall be final, subject only to the decision of the competent court on an election petition.

69. Counting of Valid votes.— (1) The vote recorded in every ballot paper which is not rejected under rule 68 shall be counted:

Provided that no cover containing the tendered ballot papers shall be opened and no vote recorded in such paper shall be counted.

(2) After the counting of the votes recorded in all ballot papers contained in all ballot boxes has been completed, the Returning Officer shall have the result of such counting entered in Part II of Form 21 and it shall be signed by the counting supervisor and the Returning Officer. The Returning Officer shall, then, make the entries relating thereto in a result sheet in Form 26.

(3) The valid ballot papers found in all the ballot boxes as well as the valid votes in the postal ballot boxes referred to in clause (c) of sub-rule (1) of rule 66 shall thereafter be bundled together and kept along with the bundle of rejected ballot papers in a separate packet which shall be sealed and on which shall be recorded the following particulars, namely:—

(a) the name of the town panchayat or municipal council or municipal corporation and the number of the ward;

(b) the particulars of the polling station where the ballot papers have been used; and (c) the date of counting.

70. Counting to be continuous.— The Returning Officer shall as far as practicable proceed continuously with the counting and shall during any interval when the counting has to be suspended, keep the ballot papers, packets and all other papers relating to elections sealed with his own seal and the seals of such candidates or election agents as may desire to affix their seals and take sufficient precaution for their safe custody during such interval.

71. Recount of votes.— (1) After the completion of the counting and recording in Form 26 the total number of votes polled by each candidate under sub-rule (2) of rule 69, the Returning Officer shall announce the same. After such announcement and before the declaration of the result of the election, a contesting candidate or in his absence his election agent, may apply in writing to the Returning Officer for a recount of all or any of the votes already counted stating the grounds on which he demands such recount.

(2) On such application being made, the Returning Officer shall decide the matter and may allow the application in whole or in part, or may reject it in toto if it appears to him to be frivolous or unreasonable.

(3) Every decision of the Returning Officer under sub-rule (2) shall be in writing and contain the reason therefor.

(4) If the Returning Officer decides under sub-rule (2) to allow an application either in whole or in part, he shall,—

(a) count the votes again in accordance with his decision; (b) amend the result sheet in Form 26 after such recount, if need be, to the extent necessary; and (c) announce the amendment if any made by him.

(5) After the total number of votes polled by each candidate has been announced under sub-rule (1) or under sub-rule (4), the Returning Officer shall complete and sign the result sheet in Form 26 and no application for a recount shall be entertained thereafter:

Provided that no step under this sub-rule shall be taken on completion of the counting until the candidates or the election agents present at the completion thereof have been given a reasonable opportunity to exercise the right conferred under sub-rule (1).

72. Declaration of result of election.— (1) After the Returning Officer has completed the scrutiny and counting of votes, he shall declare the contesting candidate to whom the largest number of valid votes have been given as elected and complete and certify the 'Return of Election' in Form 27 and send the signed copy thereof to the Election Commission, the State Election Officer and the District Election Officer.

(2) The Returning Officer shall also forthwith cause to be affixed a copy of the declaration referred to in sub-rule (1) in the office of the town panchayat or municipal council or municipal corporation, as the case may be.

(3) If there is an equality of votes between two or more contesting candidates, and the addition of one vote will entitle any of these candidates to be declared elected, the Returning Officer shall decide between these candidates by lot and the candidate on whom the lot falls shall be deemed to have received an additional vote. The Returning Officer shall then declare the result accordingly.

(4) Any contesting candidate or his election agent or his counting agent on application be permitted to take a copy or an extract from the Result Sheet in Form 26.

73. Disposal of ballot papers.— (1) The Returning Officer, shall after declaring the results, retain in his custody or cause to be deposited in the custody of the officer as may be specified by the Election Commission, the packets of ballot papers, whether counted, rejected, cancelled or unused, the sealed packets containing the declarations made under sub-rule (2) of rule 56 and the marked copy of the electoral roll. These packets shall not be opened and their contents shall not be inspected or produced except under the orders of a competent court.

(2) The Returning Officer or the officer specified by the Election Commission under sub-rule (1), shall retain the packets and the marked copies of the electoral roll for six months and shall, thereafter, unless otherwise directed by the Court, cause them to be destroyed.

74. Publication of the names of successful candidates.— The names of the candidates duly elected shall be forwarded immediately after the declaration of results in Form 28 by the Returning Officer to the Election Commission, the State Election Officer or the District Election Officer, as the case may be. The State Election Officer in the case of town panchayat or municipal council or municipal corporation except Chennai City Municipal Corporation and the District Election Officer in the case of Chennai City Municipal Corporation shall arrange to publish the same in the Tamil Nadu Government Gazette in a consolidated form with the approval of the Election Commission and shall also arrange to publish it on the notice board of the office of the town panchayat or municipal council or municipal corporation, as the case may be.

PART VII.

VOTING BY ELECTRONIC VOTING MACHINES AND COUNTING OF VOTES.

75. Design of electronic voting machines.— Every electronic voting machine (hereinafter referred to as the voting machine) shall have a control unit and a balloting unit and shall be of such design as may be approved by the Election Commission.

76. Preparation of voting machine by the Returning Officer.— (1) The balloting unit of the voting machine shall contain such particulars and, in such language, or languages as the Election Commission may specify.

(2) The names of the candidates shall be arranged on the balloting unit in the same order in which they appear in the list of the contesting candidates in Form 10.

(3) If two or more candidates bear the same name, they shall be distinguished by the addition of their occupation or residence or in some other manner.

(4) Subject to the foregoing provisions, the Returning Officer shall,—

(a) fix the label containing the names and symbols of the contesting candidates in the balloting unit and secure that unit with his seal and the seals of such of the contesting candidates or their election agents present as are desirous of affixing the same; and

(b) set the number of contesting candidates and close the candidates set section in the control unit and secure it with his seal and the seals of such of the contesting candidates or their election agents present as are desirous of affixing the same.

77. Arrangements at polling station.— (1) At each polling station, there shall be set up one or more voting compartments, as the Election Commission may direct from time to time in which electors can record their votes screened from the observation of all others.

(2) The Returning Officer shall provide at each polling station, one or more voting machines, as may be specified by the Election Commission, and copies of relevant part of the electoral roll and such other election material, as may be necessary for taking the poll.

(3) Without prejudice to the provisions of sub-rule (2), the Returning Officer may, with the previous approval of the Election Commission, provide one common voting machine for two or more polling stations located in the same premises.

(4) At the entrance to each polling station, there shall be displayed prominently,—

(a) a notice showing the number and names of the contesting candidates as published in Form 10 and the distinctive symbol assigned to each candidate in the election for which poll is taken in that polling station; and

(b) a notice showing the polling area and the groups of electors who are entitled to vote at that polling station.

78. Admission to polling station.— The Presiding Officer shall ensure that votes are recorded at the polling station with absolute secrecy and he shall regulate the number of electors to be admitted at one time and shall exclude all other persons except,—

(a) the contesting candidates, their election agents and one polling agent at a time for each contesting candidate;

(b) a child in arms accompanying an elector; (c) a person accompanying a blind or infirm elector who cannot move without help; (d) such other persons as the Returning Officer or the Presiding Officer may admit for the purpose of helping in the identification of the electors or in searching women electors or assisting him otherwise in taking the poll;

(e) public servants on duty in connection with elections; and (f) such other persons as may be authorised by the Election Commission and the State Election Officer as well as the District Election Officer.

79. Preparation of voting machine for poll.— (1) The control unit and balloting unit of every voting machine used at a polling station shall bear a label marked with,—

(a) the name of the town panchayat or municipal council or municipal corporation and number of the ward;

(b) the serial number and name of the polling station; (c) the serial number of the unit; and (d) the date of poll.

(2) Immediately before the commencement of the poll, the Presiding Officer shall demonstrate to such contesting candidates, election agents, polling agents and other authorised persons as are present that no elector has already recorded in the voting machine and it bears the label referred to in sub-rule (1).

(3) A paper seal shall be used for securing the control unit of the voting machine and the Presiding Officer shall affix his own signature on the paper seal and obtain thereon the signature of such of the polling agents present as are desirous of affixing the same.

(4) The Presiding Officer shall thereafter fix the paper seal so signed in the space meant therefor in the control unit of the voting machine and shall secure and seal the same.

(5) The seal used for securing the control unit shall be fixed in such manner that after the unit has been sealed, it is not possible to press the "result button" without breaking the seal.

(6) The control unit shall be closed and secured and placed in full view of the Presiding Officer and the Polling agents and the balloting unit placed in the voting compartment.

(7) Before the polling station is opened for recording of votes, the Presiding Officer shall read the relevant provisions of the Act relating to the maintenance of secrecy of elections to such persons as may be present and shall also explain the substance thereof in Tamil.

80. Marked copy of electoral roll.— Immediately before the commencement of the poll, the Presiding Officer shall demonstrate to the polling agent and others present that the marked copy of the electoral roll or rolls to be used during the poll does not contain any entry other than those made in pursuance of these rules and other authorised corrections made by the Electoral Registration Officer.

81. Facilities for Women electors.— (1) Where a polling station is for both men and women electors, the Presiding Officer may direct that they shall be admitted into the polling station alternately in separate batches.

(2) The Returning Officer or the Presiding Officer may engage the services of a woman to serve as an attendant at any polling station to assist women electors and also to assist the Presiding Officer, in taking the poll in respect of women electors generally, and in particular to help in searching any woman elector in case it becomes necessary.

82. Identification of electors.— (1) The Presiding Officer may seek the assistance of such local persons, as he thinks fit to help in the identification of the electors or to assist him otherwise in taking the poll.

(2) As each elector enters the polling station, the Presiding Officer or the Polling Officer authorised by him in this behalf, shall check the elector's name and other particulars with the relevant entry in the electoral roll and then call out the serial number, name and other particulars of the elector.

(3) At the time of poll, every elector shall produce documentary evidence establishing his identify as may be specified and, in the manner, directed by the Election Commission in this behalf, from time to time.

(4) In deciding the right of a person to cast his vote, the Presiding Officer or the Polling Officer, as the case may be, shall overlook mere clerical or printing error in an entry in the electoral roll if he is satisfied that he is the elector to whom such entry relates.

83. Challenging of identity.— (1) Any polling agent may challenge the identity of a person claiming to be a particular elector by first depositing a sum of one hundred rupees in cash with the Presiding Officer for each such challenge.

(2) On such deposit being made, the Presiding Officer shall,-

(a) warn the person challenged of the penalty for personation;

(b) read the relevant entry in the electoral roll in full and ask him whether he is the person referred to in that entry;

(c) enter his name and address in the list of challenged votes in Form 14; and

(d) require him to sign in the said list.

(3) The Presiding Officer shall thereafter hold a summary inquiry into the challenge and may for that purpose,-TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 43 (a) require the challenger to adduce evidence in proof of the challenge and the person challenged to adduce evidence in proof of his identity;

(b) put to the person challenged any question necessary for the purpose of establishing his identity and require him to answer them on oath; and

(c) administer an oath to the person challenged and any other person offering to give evidence.

(4) If, after the inquiry, the Presiding Officer considers that the challenge has not been established, he shall allow the person challenged to vote and if he considers that the challenge has been established, he shall debar the person challenged from voting, besides taking appropriate action against him.

(5) If the Presiding Officer is of the opinion that the challenge is frivolous or has not been made in good faith, he shall direct that the deposit made under sub-rule (1) be forfeited to town panchayat or municipal council or municipal corporation, as the case may be, and in any other case, he shall return it to the challenger at the conclusion of the inquiry.

84. Safeguards against personation.— (1) Every elector about whose identity the Presiding Officer or the Polling Officer, as the case may be, is satisfied, shall allow,-

(a) the inspection of his left forefinger by the Presiding Officer or Polling Officer; and

(b) an indelible ink mark to be put on the back of left forefinger immediately above the root of the nail on skin or in such manner as the Election Commission may direct in special circumstances.

(2) If any such elector persists in doing any act with a view to remove any such mark after it has been put, he shall not be entitled to record his vote at the election.

(3) No person who has already such mark on the left forefinger shall be allowed to record his vote.

(4) Any reference in these rules to the left forefinger of an elector shall, in the case where the elector has his left forefinger missing, be construed as a reference to any other finger or fingers on his left hand, and shall in case where all the fingers of his left hand are missing, be construed as a reference to the forefinger or any other finger or fingers of his right hand, and shall in the case where all his fingers of both the hands are missing be construed as a reference to such extremity of his left or right arm as he possesses.

85. Procedure for voting by voting machines.— Before permitting an elector to vote, the Polling Officer shall,-

(a) record the electoral roll number of the elector as entered in the marked copy of the electoral roll in a register of electors in Form 22;

(b) obtain the signature or the thumb impression of the elector on the register of electors; and (c) mark the name of the elector in the marked copy of the electoral roll to indicate that he has been permitted to vote:

Provided that no elector shall be permitted to vote unless he has his signature or thumb impression on the register of electors.

86. Maintenance of Secrecy of voting by electors within the polling station and voting procedure.— (1) Every elector who has been permitted to vote under rule 85 shall maintain secrecy of voting within the polling station and for that purpose observe the voting procedure hereinafter laid down.

(2) Immediately on being permitted to vote, the elector shall proceed to the Presiding Officer or the Polling Officer in charge of the control unit of the voting machine who shall, by pressing the appropriate button on the control unit, activate the balloting unit, for recording of elector's vote.

(3) The elector shall thereafter forthwith,–

(a) proceed to the voting compartment;

(b) record his vote by pressing the button on the balloting unit against the name and symbol of the candidate for whom he intends to vote; and

(c) come out of the voting compartment and leave the polling station.

(4) Every elector shall vote without undue delay.

(5) No elector shall be allowed to enter the voting compartment when another elector is inside it.

(6) If an elector who has been permitted to vote under rule 85 or 89 refuses after warning given by the Presiding Officer to observe the procedure laid down in sub-rules (3) and (4), the Presiding Officer or a Polling Officer under the direction of the Presiding Officer shall not allow such elector to vote.

(7) Where an elector is not allowed to vote under sub-rule(6), a remark to the effect that voting procedure has been violated shall be made against the elector's name in the register of electors in Form 22 by the Presiding Officer under his signature.

87. Recording of votes of blind or infirm electors.—(1) If the Presiding Officer is satisfied that owing to old age or blindness or other physical infirmities, an elector is unable to recognise the symbol on the balloting unit of the voting machine or unable to record his vote by pressing the appropriate button thereon without assistance, the Presiding Officer shall permit the elector to take with him a companion of not less than eighteen years of age to the voting compartment for recording the vote on his behalf and in accordance with his wishes:

Provided that no person shall be permitted to act as the companion of more than one elector at any polling station on the same day:

Provided further that before any person is permitted to act as the companion of an elector on any day under these rules, the companion shall be required to declare that he shall keep secrecy of the vote recorded by him on behalf of the elector and that he has not already acted as the companion of any other elector at any other polling station on that day.

(2) The Presiding Officer shall keep a record in Form 19 of all such cases under this rule.

88. Elector deciding not to vote.— If an elector, after his electoral roll number has been duly entered in the register of elector in Form 22 and has put his signature or thumb impression thereon as required under rule 85 decided not to record his vote, a remark to this effect shall be made against the said entry in Form 22 by the Presiding Officer and the signature or thumb impression of the elector shall be obtained against such remark.

89. Tendered votes.— (1) If a person representing himself to be a particular elector seeks to vote after another person has already voted as such elector, he shall, on satisfactorily answering such questions relating to his identity as the Presiding Officer may ask, be instead of being allowed to vote through the balloting unit, supplied with a tendered ballot paper which shall be of such design, and the particulars of which shall be in such language or languages as the Election Commission may specify.

(2) Every such elector shall before being supplied with tendered ballot paper write his name and put his signature against the entry relating to him in Form 23 and put his signature on the counterfoil of the ballot paper.

(3) On receiving the ballot paper he shall forthwith,-

(a) proceed to the voting compartment which is vacant;

(b) with the aid of the instrument supplied for the purpose, make a mark on the ballot paper against the name or symbol of the candidate for whom he intends to vote; (c) fold the ballot paper so as to conceal his vote;

(d) show to the Presiding Officer, if required, the distinguishing mark on the ballot paper;

(e) give it to the Presiding Officer who shall place it in a cover specially kept for the purpose; and (f) leave the polling station.

(4) If owing to old age or blindness or physical infirmities, such elector is unable to record his vote without assistance, the Presiding Officer shall permit him to take with him a companion, subject to the same conditions and after following the same procedure as laid down in rule 87 for recording the vote in accordance with his wishes.

90. Presiding Officer's entry in the voting compartment during poll.— (1) The Presiding Officer may whenever he considers it necessary to do so, enter the voting compartment during poll and take such steps as may be necessary to ensure that the balloting unit is not tampered or interfered with.

(2) If the Presiding Officer has reason to suspect that an elector who has entered the voting compartment is tampering or otherwise interfering with the balloting unit or has remained inside the voting compartment for unduly long period, he shall enter the voting compartment and take such steps as may be necessary to ensure the smooth and orderly progress of the poll.

(3) Whenever the Presiding Officer enters the voting compartment under this rule, he shall permit the polling agents present to accompany him if they so desire.

91. Closing of poll.— (1) The Presiding Officer shall close the poll at the hour fixed in that behalf under these rules and shall not thereafter admit any elector into the polling station:

Provided that all electors present at the polling station before it is closed shall be allowed to cast their votes.

(2) If any question arises whether an elector was present to the polling station before it was closed, it shall be decided by the Presiding Officer and his decision shall be final.

92. Account of votes recorded.— (1) The Presiding Officer shall at the close of the poll prepare an account of votes recorded in Form 24 and enclose it in a separate cover with the words "Account of Votes Recorded" superscribed thereon.

(2) The Presiding Officer, shall furnish to every polling agent present at the close of the poll, a true copy of the entries made in Form 24 after obtaining a receipt from the said polling agent therefor and shall attest it as a true copy.

93. Sealing of voting machine after poll.— (1) As soon as practicable after the closing of the poll, the Presiding Officer shall close the control unit to ensure that no further votes are recorded and shall detach the balloting unit from the control unit.

(2) The control unit and the balloting unit shall thereafter be sealed and secured separately in such manner as the Election Commission, may direct and the seal used for securing them shall be so affixed that it will not be possible to open the units without breaking the seal.

(3) The polling agents present at the polling station, who desire to affix their seals, shall also be permitted to do so.

94. Sealing of other packets.— (1) The Presiding Officer shall then make up the following into separate packets:-

(a) the marked copy of the electoral roll;

(b) the register of electors in Form 22;

(c) the cover containing the tendered ballot papers and the list in Form 23;

(d) the list of challenged votes; and

(e) any other paper directed by the Election Commission to be kept in a sealed packet.

(2) Each packet shall be sealed with the seal of the Presiding Officer and with the seal, either of the candidate or of his election agent or of his polling agent, who may be present at the polling station and may desire to affix his seal thereon.

95. Transmission of voting machines, etc. to the Returning Officer.— (1) The Presiding Officer shall then deliver or cause to be delivered to the Returning Officer at such place as the Returning Officer may direct,–

(a) the voting machine;

(b) the account of votes recorded in Form 24;

(c) the sealed packets referred to in rule 94; and

(d) all other papers used at the poll.

(2) The Returning Officer shall make adequate arrangements for the safe transport of the voting machine, packets and other papers for their safe custody until the commencement of the counting of votes.

96. Procedure on adjournment of poll.— (1) If the poll at any polling station is adjourned under sub-rule (1) of rule 60, the provisions of rules 92 to 95 shall, as far as practicable apply, as if the poll was closed at the hour fixed in that behalf.

(2) When an adjournment of the poll for the number of hours for which it was not held on the previous occasion is recommended under clause (a) of sub-rule (3) of rule 60, the electors who have already voted at the poll so adjourned shall not be allowed to vote again;

(3) The Returning Officer shall provide the Presiding Officer of the polling station at which such adjourned poll is held, with the sealed packet containing the marked copy of the electoral roll, register of electors in Form 22 and a new voting machine. The Presiding Officer shall open the sealed packet in the presence of the polling agents present and use the marked copy of the electoral roll for marking the names of the electors who are allowed to vote at such adjourned poll;

(4) The provisions of rules 75 to 95 shall apply in relation to the conduct of such adjourned poll.

(5) When an adjournment of the poll the full number of hours is recommended under clause (b) of sub-rule (3) of rule 60, the Returning Officer shall proceed afresh, under sub-rule (1) of rule 41 and such adjourned poll shall be held at the polling station concerned in accordance with the provisions of rules 75 to 95 in all respects, as if it were being held at such polling station for the first time:

Provided that fresh nomination need not be made.

97. Fresh poll in the case of destruction etc. of voting machine.— (1) If at any election,– (a) any voting machine used at a polling station or at a place appointed for counting of votes is unlawfully taken out of the custody of the Presiding Officer or the Returning Officer, or is accidentally or intentionally destroyed or lost or is damaged or tampered with, to such an extent that the result of the poll at that polling station cannot be ascertained or any voting machine develops a mechanical failure during the course of the recording of votes; or

(b) any such error or irregularity in procedure as is likely to vitiate the poll is committed at a polling station, the Returning Officer shall forthwith report the matter to the Election Commission, the State Election Officer and the District Election Officer.

(2) Thereupon, the Election Commission or the State Election Officer shall, after taking all material circumstances into account either,-

(a) declare the poll at the polling station to be void, appoint a day and fix the hours for taking a fresh poll at that polling station and direct that the day so appointed and the hours so fixed be published in the manner laid down in clause (b) of sub-rule (4) of rule 60, besides intimating the same to the contesting candidates or their election agents; orTAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 47 (b) if satisfied that the result of a fresh poll at the polling station will not in any way affect the result of the election or that the mechanical failure of the voting machine or the error or irregularity in procedure is not material, issue such directions to the Returning Officer as he may deem fit and proper for the further conduct and completion of the election.

(3) The provisions of these rules or orders made thereunder shall apply to every such fresh poll as they apply to the original poll.

98. Admission to the place fixed for counting.— (1) The counting of votes shall take place on the day at the place and hour appointed in that behalf. The votes shall be counted by or under the supervision and direction of the Returning Officer. Each contesting candidate, his election agent and such number of his counting agents as may be specified by the Election Commission, shall have a right to be present at the time of counting. The counting agents shall be appointed in writing by the candidate or his election agent in Form 25. No other person shall be allowed to be present, except,—

(a) such persons hereinafter referred to as the "Counting Supervisor" or "Counting Assistant" whom the Returning Officer may appoint to assist him in the counting of votes;

(b) public servants on duty in connection with the election; and

(c) such persons as may be authorised by the Election Commission.

(2) No person who has been employed by or on behalf of any candidate for any purpose whatsoever connected with the election shall be appointed to assist in the counting of votes.

99. Maintenance of secrecy of elections.— The Returning Officer shall, before he commences to count the votes, read the provisions of the Act relating to the maintenance of secrecy of elections to such persons as may be present.

100. Scrutiny and inspection of voting machines.— (1) The Returning Officer may have the control units of the voting machines used at more than one polling station taken up for scrutiny and inspection and votes recorded in such units counted simultaneously;

(2) Before the votes recorded in any control unit of a voting machine are counted under sub-rule (1), the candidate or his election agent or his counting agent present at the counting table shall be allowed to inspect the paper seal and such other vital seals as might have been affixed on the unit and to satisfy themselves that the seals are intact;

(3) The Returning Officer shall satisfy himself that none of the voting machine has been tampered with;

(4) If the Returning Officer is of the opinion that any voting machine has been tampered with, he shall not count the votes recorded in that machine and shall follow the procedure laid down in rule 97.

101. Counting of votes.— (1) After the Returning Officer is satisfied that a voting machine has not been tampered with, he shall have the votes recorded therein counted by pressing the appropriate button marked "Result" provided in the control unit whereby the total votes polled and votes polled by each candidate shall be displayed in respect of each such candidate on the display panel provided for the purpose in the unit.

(2) As the votes polled by each candidate are displayed on the control unit, the Returning Officer shall have, –

(a) the number of such votes recorded separately in respect of each candidate in Part II of Form 24;

(b) Part II of Form 24 completed in other respects and signed by the counting supervisor and also by the candidates or their election agents or their counting agents present;

(c) corresponding entries made in the Result Sheet in Form 26;

(d) the number of valid votes referred to in clause (c) of sub-rule (1) of rule 66 in respect of each candidate entered in the result sheet in Form 26;

(e) the cover containing the tendered ballot papers not opened and counted but number of tendered votes entered in the result sheet in Form 26; and

(f) the result in Form 26 completed and the particulars so entered in the result sheet announced.

102. Sealing of voting machines.— (1) After the result of the voting recorded in a control unit has been ascertained candidate-wise and entered in Part II of Form 24 and Form 26 under rule 101, the Returning Officer shall reseal the unit with his seal and the seals of such of the candidates or their election agents present who may desire to affix their seals thereon so however that the result of voting recorded in the unit is not obliterated and the unit retains the memory of such result.

(2) (i) The control unit so sealed shall be kept in specially prepared boxes on which the Returning Officer shall record the following particulars, namely:-

(a) the name of the town panchayat or municipal council or municipal corporation and number of the ward;

(b) the particulars of the polling station where the control unit has been used;

(c) serial number of the control unit;

(d) date of poll; and

(e) date of counting.

(ii) the provisions of sub-rule (6) of rule 66, rules 70, 71, 72 and 74 shall, so far as may apply in relation to voting by voting machines and any reference in those rules to,-

(a) ballot paper shall be construed as including a reference to such voting machine; and (b) any rule shall be construed as a reference to the corresponding rule in Part VII or, as the case may be, to rule 100 or 101 or to this rule.

103. Custody of voting machines.— All voting machines used at an election shall be kept in the safe custody of the concerned District Election Officer or Returning Officer, if so authorized by the District Election Officer.

104. Production and inspection of control units.— The control units sealed under the provisions of rule 102 and kept in the custody of the District Election Officer or Returning Officer shall not be opened and shall not be inspected by, or produced before, any person or authority except under the orders of a competent court.

105. Retention of Voting Machines.— The voting machines kept in the custody of the District Election Officer or Returning Officer under rule 103 shall be retained intact for such period as the Election Commission may direct and shall not be used at any subsequent election without the previous approval of the Election Commission.

106. Fixing other dates of election for special reasons.— Notwithstanding anything contained in the foregoing rules, the Election Commission may, for special reasons, empower the State Election Officer to fix dates and periods other than those notified earlier under these rules, for all or any of the stages of any election under the Act:

Provided that before fixing a revised date for poll, the Election Commission shall consult the Government.

PART VIII.

ELECTION OF CHAIRPERSON, VICE-CHAIRPERSON, MAYOR, DEPUTY MAYOR, MEMBERS OF THE

STATUTORY COMMITTEES AND CHAIRPERSON OF WARDS COMMITTEE.

107. Election of Chairperson, Vice-Chairperson, Mayor and Deputy Mayor.— The Chairperson and Vice-Chairperson of a town panchayat or a municipal council or the Mayor and the Deputy Mayor of a municipal corporation Council shall be elected by and from among the Councillors of the wards of the town panchayat or the municipal council or the municipal corporation, as the case may be, in the manner prescribed in these rules, at a meeting specially convened by the Returning Officer:

Provided that where the office of the Mayor or the Chairperson of a Council is reserved for persons belonging to the Scheduled Castes or the Scheduled Tribes and/or for Women under the provisions of the Act, only persons belonging to that category shall be eligible to contest the election for such office:

Provided further that where no such reservation has been made, nothing contained in the above proviso shall be deemed to prevent any member belonging to the Scheduled Castes or the Scheduled Tribes or Women from contesting the election as Chairperson or Mayor.

108. Election of Members of Statutory Committee.— The Members of the Taxation Appeals Committee or the Contract Committee or the Appointment Committee or Standing Committees constituted under the relevant provisions of the Act, shall be elected by and from among the elected Councillors of the ward in the manner prescribed in these rules at an election meeting specially convened for this purpose.

109. Election of Chairperson of Wards Committee.— The Chairperson of the Wards Committee shall be elected by and from among the elected Councillors of the wards coming under the jurisdiction of the wards committee in the manner prescribed in these rules at an election meeting specially convened for this purpose.

110. Determination of number of members of the statutory committee to be elected.— The number of members to be elected to each one of the Statutory Committees, shall be as laid down in the relevant provisions of the Act.

111. Place of meeting for the election.— The election of the Chairperson and the Vice- Chairperson of the town panchayat or the municipal council or Mayor and Deputy Mayor of the municipal corporation council or the election of Members of a Statutory Committee or the election of Chairperson of Wards Committee shall be held in the office of the concerned town panchayat or municipal council or municipal corporation where the meetings of the town panchayat or municipal council or municipal corporation council are ordinarily held.

112. Convening and presiding over the meeting for election.— (1) The meeting for election of Chairperson and Vice-Chairperson of the town panchayat or the municipal council or of the Mayor and Deputy Mayor of the municipal corporation or Members of a Statutory Committee or the Chairperson of the Wards Committee shall be convened, presided over and conducted by the Returning Officer.

(2) In the case of an election to fill an ordinary vacancy of the Chairperson and Vice-Chairperson of the town panchayat or the municipal council or Mayor and Deputy Mayor of the municipal corporation, such meeting shall be convened on the date to be fixed by the Election Commission.

(3) In the case of ordinary vacancy of Members of a Statutory Committee or Chairperson of the Wards Committee such meeting shall be convened within thirty days from the date of reconstitution of the town panchayat or the municipal council or the municipal corporation, as the case may be, on the date to be fixed by the Election Commission.

(4) In the case of an election to fill a casual vacancy, such meeting shall be convened within sixty days of the date of the occurrence of such vacancy on the date to be fixed by the Election Commission.

(5) The Returning Officer shall give notice of the day, hour and place of the meeting atleast seven clear days prior to the date of meeting.

(6) The Returning Officer shall not start the process of election unless there be present a majority of the elected members on the council or wards committee as the case may be:

Provided that this sub-rule shall not apply, if the process of election could not be started at three consecutive meetings for want of such majority.

Explanation.— Notwithstanding anything contained in these Rules, for the purpose of this rule and rules 113 to 128, "members" means, the Councillors of a town panchayat or a municipal council or a municipal corporation, as the case may be and the Chairperson of a town panchayat or a municipal council and the Mayor of a municipal corporation, as the case may be.

113. Presentation of nomination.— (1) Every nomination for election under this Part, shall be in Form 29. The nomination paper must be signed by two members present at the meeting as proposer and seconder and delivered to the Returning Officer. The nomination shall also contain a declaration in writing expressing the candidate's willingness to be elected under these rules and signed by the candidate. All the nominations which are duly proposed, seconded and accompanied with the declaration aforesaid, filed, and found valid shall be accepted. The nominations which are not found valid, shall be rejected. The Returning Officer shall record in writing his reason for such rejection.

(2) Where the office of the Chairperson or Mayor is reserved under the provisions of the Act to persons belonging to the Scheduled Castes or the Scheduled Tribes, the candidate shall give in writing a further declaration that he belongs to the Scheduled Caste or the Scheduled Tribe, as the case may be.

(3) The Returning Officer shall keep a record of the names of all the validly nominated candidates so proposed and seconded. The names of all candidates who have been proposed and seconded shall be read by the Returning Officer to the hearing of all members present at the meeting.

114. Declaration of result of election when there is no contest.— (1) (a) In case of an election under this Part, where there is only one candidate validly nominated, there shall be no ballot and the candidate shall be declared to have been duly elected.

(b) If the case of election of members of a statutory Committee, if the number of candidates referred to in sub-rule (3) of rule 113 is equal to or less than the number of Committee members to be elected, there shall be no ballot and all the candidates shall be declared to have been duly elected.

(2) When no nomination is presented within a reasonable time after the commencement of the meeting, the Returning Officer shall take necessary further action for the holding of a fresh meeting for the election in accordance with these rules. He shall also report the fact to the Election Commission and also to the State Election Officer, as the case may be.

115. Procedure of election when there is contest.— (1) In the case of an election under this Part, where the number of candidates is more than one, the votes of the members present at the meeting shall be taken by secret ballot in the manner laid down in rules 116 to 125.

(2) In the case of election of members of a statutory Committee, if the number of candidates is more than the number of members to be elected, the votes of the members present at the meeting shall be taken by secret ballot in the manner laid down in rules 116 to 125.

116. Arrangement of voting compartment.— The Returning Officer shall provide in the place where the meeting is held, a voting compartment in which the members present at the meeting can record their votes screened from the observation of all others.

117. Ballot Box.— The Returning Officer shall also place a ballot box for the receipt of ballot papers in full view of the members present at the meeting. The ballot box shall be so constructed that the ballot papers can be inserted therein but cannot be withdrawn therefrom without the box being unlocked or opened.

118. Preparation of ballot box.— The Returning Officer shall immediately before the votes are taken, demonstrate to such members as may be present that the ballot box is empty, lock it up, and place a seal upon it in such a manner as to prevent it being opened without breaking the seal.

119. Preparation and issue of ballot papers.— (1) Every member present at the meeting wishing to vote shall be supplied with a ballot paper in Form 30. Every ballot paper shall be of identical colour and size on which the names of all the candidates and the number of the ward of the town panchayat or municipal council or municipal corporation from which they are elected shall be legibly written or typewritten in Tamil in the order of Tamil alphabet.

(2) The ballot paper shall be assigned serial numbers and signed by the Returning Officer at the appropriate place and also on the reverse side before being handed over to the members, for voting.

120. Voting procedure.— Every Member shall, on receiving the ballot paper, proceed to the voting compartment for the purpose of recording his vote and put a mark on it with the help of the instrument provided for this purpose by the Returning Officer, on the ballot paper against the name of the candidate for whom he wishes to vote. He shall, before quitting the voting compartment fold up the ballot paper so as to conceal the mark and put the ballot paper so folded, into the ballot box in the presence of the Returning Officer.

121. Arrangements to ensure secrecy of ballot.— The Returning Officer shall cause such arrangements to be made as will ensure the secrecy of the ballot and prevent the members who have already voted, from voting for the second time and also from having access to the members who are yet to vote.

122. Recording of votes of illiterate, blind or infirm voters.— (1) If, owing to illiteracy or blindness or other physical infirmity, a member is unable to read the ballot paper and make a mark thereon and applies for assistance in doing so, the Returning Officer shall record the vote in the ballot paper in accordance with the wishes of the member and fold it so as to conceal the vote. The member shall then himself or with the assistance of the Returning Officer insert the ballot paper into the ballot box.

(2) While acting under this rule, the Returning Officer shall observe as much secrecy as is feasible and shall keep a brief record of each instance but shall not indicate therein for whom any vote has been given.

123. Counting of votes.— After the voting by the members is over, the Returning Officer shall open the ballot box in the presence of the members present, take out the ballot papers therefrom and record the number of votes obtained by each candidate in a statement.

124. Invalid ballot papers.— A ballot paper shall be invalid,--

(a) if no vote is recorded thereon; or

(b) if the vote is so recorded, as to render it doubtful to which candidate it is intended to apply; or (c) if the mark indicating the vote thereon is placed in such a manner as to make it doubtful to which candidate the vote has been given; or

(d) if the votes are recorded in favour of more candidates than the number of members to be elected in the case of election of members of Statutory Committee; or

(e) if some mark other than the one authorised, is recorded to the name of a candidate; or

(f) if any mark is made by which the member may afterwards be identified; or

(g) if the mark has been made by any instrument other than the one provided for this purpose under rule 120.

125. Declaration of result of election.— (1) (a) In the case of election under this Part, if the number of candidates is two, the candidate who obtains the highest number of votes shall be declared to have been duly elected. In the event of there being an equality of votes between the two candidates, the Returning Officer shall draw a lot in the presence of the member present and the candidate whose name is drawn shall be deemed to have the additional vote and shall be declared to have been duly elected.

(b) If the number of candidates is three and if any one of them secures more than one half of the total number of votes polled, he shall be declared to have been duly elected. If none of them secures more52 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY than one half of the number of votes polled, the candidate who obtains the lesser number of votes shall be eliminated and a second ballot taken. In the event of there being an equality of votes among the three candidates, the Returning Officer shall draw lots in the presence of the members present and the candidates whose names are first and second drawn shall be retained and a second ballot taken.

(c) If there is an equality of votes between two candidates and if the third candidate secures a lesser number of votes he shall be eliminated and a second ballot taken. If there is an equality of votes between two candidates and if the third candidate secures a higher number of votes than the two, a lot shall be drawn between the two candidates who had secured equal number of votes and the candidate whose name is first drawn shall be retained and second ballot taken between him and the third candidate.

(d) If the number of candidates is more than three and if any of the candidates secures more than one half of the number of votes polled, he shall be declared to have been duly elected. If none of the candidate secures more than one half of the number of votes polled, the first candidate who secures the highest number of votes and the second candidate who secures the next higher number of votes shall be retained and the other candidates eliminated and a second ballot taken.

(e) In other cases, the principle enunciated in clause (b) above shall be adopted till there remain two candidates in the field.

(2) In case of election of members of statutory committee, after the counting of votes has been completed, the Returning Officer shall draw a list of contesting candidates arranged in descending order of votes secured by them. He shall then declare as many candidates from the top of the list as there are vacancies to be filled up as duly elected. In the event of there being an equality of votes between any two candidates, and the addition of one vote to anyone of such candidates will entitle him to be declared duly elected, the Returning Officer shall draw a lot in the presence of the members, and the candidate whose name is first drawn shall be deemed to have secured one additional vote and shall be declared elected.

126. Duties of the Returning Officer after completion of voting.— (1) Immediately after the meeting, the Returning Officer shall,—

(a) prepare a record of the proceedings of the meeting and sign it, attesting with his initials every correction made therein, and also permit any member present at the meeting to affix his signature to such record, if he expresses his desire to do so;

(b) send a report of the result of the election to the Election Commission and also to the State Election Officer or to the District Election Officer, as the case may be, and to such other officers or authorities as may be specified by the Election Commission;

(c) publish a list signed by him stating the name of the person elected on the notice board of the town panchayat or the municipal council or the municipal corporation, as the case may be.

(2) The Returning Officer shall forward a copy of the list referred to in the clause (c) of sub-rule (1), to the Election Commission and also to the State Election Officer, District Election Officer, as the case may be. The State Election Officer in the case of town panchayat or municipal council or municipal corporation except Chennai City Municipal Corporation and the District Election Officer in the case of Chennai City Municipal Corporation shall arrange to publish the same in the Tamil Nadu Government Gazette in a consolidated Form with the approval of the Election Commission.

127. Packing and sealing of ballot papers.— (1) The Returning Officer shall then bundle the ballot papers and all other records into a separate packet, seal the packet and note thereon a brief description of its contents, the election to which it relates and the date thereof.

(2) These packets shall not be opened and their contents shall not be inspected or produced except under the orders of a competent court.

(3) These packets shall be retained in safe custody in the office of the town panchayat or municipal council or municipal corporation, as the case may be, for a year and shall then, unless otherwise directed by the Court, be destroyed.

128. Power to postpone or advance the election.— Notwithstanding anything contained in the foregoing rules, the Election Commission may, for sufficient reason, direct, from time to time, the postponement of the meeting for the election under this Part, the advancement thereof or further postponement of the date so postponed and the Returning Officer shall give effect to such direction.

PART IX.

ELECTION EXPENSES.

129. Election expenses.— (1) Every candidate at an election shall, either by himself or by his election agent, keep a separate and correct account of all expenditure incurred in connection with the election or authorised by him or his election agent between the date on which he has been nominated and the date of declaration of the result thereof, both days inclusive.

(2) The account of election expenses to be kept by a candidate or his election agent under sub-rule (1), shall contain all the particulars required and in the format specified by the Election Commission.

(3) If so directed by the Election Commission, every contesting candidate at an election shall, within thirty days from the date of declaration of the result of the election, lodge with the Executive officer of the town panchayat or Commissioner of the municipal council or municipal corporation, as the case may be, or to any other officer specified by the Election Commission, an account of election expenses which shall be a true copy of the account kept by him or by his election agent under sub-rule (1).

(4) The Executive Officer or any officer specified in sub-rule (3), as the case may be, shall, within two days from the date on which the accounts of election expenses have been lodged by a candidate or his election agent under sub-rule (3), cause a notice to be affixed in the notice-board of his office, specifying,– (a) the date on which the account has been lodged;

(b) the name of the candidate; and

(c) the time and place at which such account can be inspected.

(5) Any person shall on payment of a fee of hundred rupees be entitled to obtain attested copies of such account or of any part thereof.

(6) As soon as possible, after the expiration of the period of time specified in sub-rule (3), for lodging of an account of election expenses at any election, the Executive Officer or any other officer specified under sub-rule (3), as the case may be, shall report to the Election Commission,–

(a) the name of each contesting candidate;

(b) whether such candidate has lodged his account of election expenses, and if so, the date on which such account has been lodged; and

(c) whether such account has been lodged within the time and in the manner required by these rules and orders issued thereunder.

(7) Where the Executive Officer or any other officer specified under sub-rule (3), as the case may be, is of the opinion that the account of election expenses of any candidate has not been lodged in the manner required by these rules or orders issued thereunder, he shall with every such report, forward to the Election Commission the account of election expenses of that candidate and the vouchers lodged along with it.

(8) Immediately after the submission of the report referred to in sub-rule (6), the Executive Officer or any other Officer specified under sub-rule (3), as the case may be, shall publish a copy thereof by affixing the same to his notice board.

(9) As soon as possible, after the receipt of the report referred to in sub-rule (7), the Election Commission shall consider the same and decide whether any contesting candidate has failed to lodge the account of election expenses within the time and the manner required by these rules or orders issued thereunder.

(10) Where the Election commission decides that a contesting candidate has failed to lodge his account of election expenses within the time and in the manner required by these rules or orders issued thereunder, it shall by notice in writing, call upon the candidate to show cause why he should not be disqualified under relevant sections of the Act for the failure.

(11) The contesting candidate who has been called upon to show cause under sub-rule (10), may within twenty days of the receipt of such notice, submit in respect of the matter a representation in writing to the Election Commission and shall, at the same time send to the Executive Officer or the officer specified under sub-rule (3), as the case may be, a copy of his representation together with the complete account of his election expenses if he had not already furnished such an account.

(12) The Executive Officer or the officer specified under sub-rule (3), as the case may be, shall within five days of the receipt thereof forward to the Election Commission, a copy of the representation and accounts, if any, with such comments as he may wish to make thereon.

(13) If, after considering the representation submitted by the candidate and comments made by the Executive Officer or the officer specified under sub-rule (3), as the case may be, and after such inquiry as it thinks fit, the Election Commission is satisfied that the candidate has no reason or justification for the failure to lodge his account within the time and in the manner required by these rules or orders issued thereunder, it shall, by order declare him to be disqualified under relevant provisions of the Act for being chosen as, and for being a Councillor for a period of three years from the date of the order and cause the order to be published in the Tamil Nadu Government Gazette.

(14) The total of the expenditure of which account is to be kept under sub-rule (1) and which is incurred or authorized in connection with an election shall not exceed the amount fixed under rule 130.

130. Maximum Election Expenses.— (1) The total expenses which may be incurred or authorised in connection with an election under these rules shall not exceed the amount mentioned in the Table below:—

THE TABLE.

(2) Any candidate either by himself or by his election agent, whose expenses has exceeded the amount mentioned above or who has not kept a separate and correct account of all expenses in connection with the elections as specified in sub-rule (1) of rule 129 or who fails to lodge an account of election expenses with the authority concerned within the period specified in sub-rule (3) of rule 129, shall be deemed to have indulged in a corrupt practice for the purposes of the Act.

PART X.

ADJUDICATION OF ELECTION DISPUTES.

131. Election Petitions.— Save as otherwise provided, no election held under the Act, shall be called in question except by an election petition presented in accordance with the relevant section of the Act and these rules, to the Principal Judge, City Civil Court, Chennai or the District Judge of the district concerned, as the case may be, (hereinafter referred to as the election court) under whose jurisdiction the town panchayat or municipal council or municipal corporation is situated, by any candidate or elector against the candidate who has been declared to have been duly elected.

Explanation.— In this rule 'elector' means a person who was entitled to vote at the election to which the election petition relates, whether he has voted at such election or not.

132. Time limit for presenting Election petition.— (1) An election petition shall be presented within forty five days from the date of publication of the result of the election.

Explanation.— If the Election Court is closed on the forty fifth day, the petition may be presented on the next following day on which the Court is open.

(2) Every election petition shall be accompanied by as many copies as there are respondents mentioned therein with three more additional copies and every copy including the additional copies should be attested either by the petitioner under his own signature or by his counsel to be the true copy of the petition. Any schedule or annexure to the petition shall also be signed either by the petitioner or his counsel and enclosed with each copy of the petition.

133. Grounds for presenting an election petition.— An election petition shall be presented on one or more grounds specified in the Act.

134. Contents of an election petition.— An election petition shall contain a statement in concise form of the material facts on which the petitioner relies. It shall set forth full particulars of any corrupt practice as specified in the Act which he alleges, and shall wherever necessary, be divided into paragraphs and numbered consecutively. The petition as well as its annexure or appendix if any, shall be signed by the petitioner or by his counsel and verified in the manner as laid down in the Code of Civil Procedure, 1908 (Central Act V of 1908), for the verification of pleadings.

135. Relief that may be claimed by the petitioner.— A petitioner may, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claim a further declaration that he himself or any other candidate has been duly elected.

136. Parties to the petition.— A petitioner shall array as respondents to his petition,— (a) where the petitioner, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claims a further declaration that he himself or any other candidate has been duly elected, all the contesting candidates other than the petitioner and where no such further declaration is claimed, all the returned candidates; and

(b) if allegation of corruption is made against any other candidate in the petition to the said candidate.

137. Security for costs.— (1) At the time of presentation of the petition, the petitioner shall deposit with the election court rupees two thousand five hundred in cash as security for the costs of the same. During the course of the trial of an election petition, the election court may, at any time, call upon the petitioner to give such further security for costs as it may direct. It may also call upon the petitioner to execute a bond for such amount and with such securities as it may require for the payment of any further cost.

(2) If the provisions of rules 132, 133, 134 or 136 or sub-rule (1) of this rule are not complied with, the Election Court shall dismiss the petition.

(3) Upon compliance with the provisions of the foregoing rules, the Court shall proceed to inquire into the petition. Where more election petitions than one are presented in respect of the same election, they may be tried individually or in one or more groups as the Election Court may deem fit.

138. Serving of copies.— The Election Court, shall, as soon as may be, cause a copy of the petition be served on such respondents and on the Executive Officer of the town panchayat or the Commissioner of the municipal council or municipal corporation concerned, as the case may be and on the Election Commission. Any candidate not already a respondent shall, upon application made by him to the Election Court within fourteen days from the date of commencement of the trial and subject to any order as to security for costs which may be made by the Court, be entitled to be joined as a respondent.

139. Trial of election petition.— (1) Every election petition shall be inquired into by the Election Court in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (Central Act V of 1908) to the trial of suits:

Provided that it shall only be necessary for the Election Court to make a memorandum of the substance of the evidence of any witness examined by it:

Provided further that the Election Court shall have the discretion to refuse for reasons to be recorded in writing to examine any witness, if it is of the opinion that the evidence of such witness is not material for the decision of the petition or that the party tendering such witness is doing so on frivolous grounds or with a view to delay the proceedings.

(2) The provisions of the Indian Evidence Act, 1872 (Central Act I of 1872) shall be deemed to apply in all respects to the trial of an election petition.

(3) Notwithstanding anything contained in any Act to the contrary, no document shall be inadmissible in evidence at the trial of an election petition on the ground that it is not duly stamped or registered.

(4) No witness or other person shall be required to state for whom he has voted at an election.

(5) The reasonable expenses incurred by any person in attending to give evidence may be allowed by the Election Court to such person and shall, unless the said court otherwise directs, be deemed to be part of the costs.

140. Withdrawal of election petition.— (1) An Election petition may be withdrawn only by leave of the Election Court.

(2) If there are more petitioners than one in an Election petition, no application to withdraw the petition shall be made except with the consent of all the petitioners.

(3) When an application for withdrawal is made, notice thereof fixing a date for the hearing of the application shall be given to all other parties to the petition.

(4) No application for withdrawal shall be granted if the Election Court is of opinion that such application has been induced by any bargain or consideration which it considers ought not to be allowed.

(5) If the application for withdrawal is granted,–

(a) the petitioner shall be ordered to pay the cost of the respondents therefor incurred or such portion thereof as the Court may think fit; and

(b) such withdrawal shall be communicated by the Election Court to the Executive Officer of the town panchayat or to the Commissioner of the municipal council or municipal corporation, as the case may be, the State Election Officer and the Election Commission.

141. Abatement of Election petition.— An election petition shall abate only on the death of the sole petitioner or the petitioners, as the case may be, and such abatement shall be communicated by the Election Court to the Executive Officer of the town panchayat or the Commissioner of the municipal council or municipal corporation, as the case may be, the State Election Officer and the Election Commission.

142. Recrimination when seat claimed.— When in an inquiry into an election petition any candidate other than a returned candidate, claims the seat for himself, the returned candidate or any other party to the proceedings may give evidence to prove that the election of such claimant would have been void if he had been a returned candidate and a petition had been presented calling in question his election:

Provided that the returned candidate or such other party, as aforesaid, shall not be entitled to give such evidence unless he had within fourteen days from the date of commencement of the trial given notice to the election court of his intention to do so and has also given the security referred to in rule 137.

143. Decision of Election Court.— At the conclusion of the trial of an election petition, the Election Court shall make an order,—

(a) dismissing the election petition; or

(b) declaring the election of all or any of the returned candidates to be void; or

(c) declaring the election of all or any of the returned candidates to be void and the petitioner or any other candidate to have been duly elected.

144. Other orders of Election Court.— At the time of making an order under rule 143, the election court shall also make an order,—

(a) Where any charge is made in the petition, of any corrupt practice having been committed at the election, recording,—

(i) a finding whether any corrupt practice has or has not been proved to have been committed at the election and the nature of that corrupt practice; and

(ii) the names of all persons, if any, who have been proved at the trial to have been guilty of any corrupt practice and the nature of that practice;

(b) fixing the costs payable and specifying the persons by and to whom the costs shall be paid:

Provided that a person who is not a party to the petition shall not be named in the order under sub-clause (ii) of clause (a) unless,—

(a) he has been given notice to appear before the election court and to show cause why he should not be so named; and

(b) if he appears in pursuance of the notice, he has been given an opportunity,—

(i) of cross examining any witness who has given evidence against him;

(ii) of calling evidence in his defence; and

(iii) of being heard.

145. Grounds for declaring election to be void.— If the Election Court is of opinion,—

(a) that the existence of all or any of the grounds specified in the Act or rules has been established; or

(b) that on the date of his election a returned candidate was not qualified, to be chosen to fill the seat under this Act,

then the election court may declare the election of the returned candidate to be void.

146. Grounds on which a candidate other than the returned candidate may be declared to have been elected.— If any person who has lodged a petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the election court is of opinion that,—

(a) the petitioner or such other candidate received a majority of the valid votes; or

(b) but for the votes obtained by the returned candidate by corrupt practice, the petitioner or such other candidate would have obtained a majority of the valid votes, the election court shall, after declaring the election of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly elected.

147. Procedure in case of an equality of votes.— If during the trial of an election petition it appears that there is an equality of votes between any of the candidates at the election and that the addition of a vote would entitle any of those candidates to be declared elected, then,—

(1) any decision made by the Returning Officer under the provisions of these rules, shall, in so far as it determines the question between those candidates, be effective also for the purposes of the petition; and58 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY (2) insofar as that question is not determined by such a decision, the Election Court shall decide between them by lot and proceed as if the one on whom the lot then falls had received an additional vote.

148. Communication of orders of the election court.— The election court shall, as soon as may be, after the conclusion of the trial of an election petition, intimate the substance of the decision to the Executive Officer of the town panchayat or the Commissioner of the municipal council or municipal corporation, as the case may be and to the Election Commission and as soon as may be thereafter, shall send to the State Election Officer, the Election Commission and the Government an authenticated copy of the decision.

149. Transmission of order of the election court and its publication.— As soon as may be, after the receipt of any order made by the Election Court under rule 143 or 144, the Election Commission shall forward copies of the order to the Executive Officer of the town panchayat or the Commissioner of the municipal council or municipal corporation, as the case may be, who shall cause the order to be published in the office of the town panchayat or municipal council or municipal corporation concerned.

150. Effect of orders of the election court.— (1) Every such order shall take effect as soon as it is pronounced by the election court.

(2) Whereby an order under rule 143 or 144, the election of a returned candidate is held to be void, acts and proceedings in which that returned candidate has, before the date thereof, participated shall not be invalidated by reason of that order; nor shall such candidate be subjected to any liability or penalty on the ground of such participation.

PART XI.

MISCELLANEOUS.

151. Interpretation of these rules by the Government.— (1) If any question arises as to the interpretation of these rules, otherwise than in connection with an inquiry held under the rules for the decision of disputes as to the validity of an election, the question shall be referred to the Government who, after consulting the Election Commission, shall communicate their decision, which shall be final.

152. Removal of difficulties.— (1) The Election Commission may issue such general or special directions as may in its opinion be necessary, for the purpose of giving due effect to these rules.

(2) If any difficulty arises in giving effect to the provisions of these rules in holding any election, the Election Commission may pass such order as it considers necessary for the purpose of removing such difficulty.

153. Savings.— Notwithstanding anything contained in these rules, all orders, directions, etc., issued by the Government, the Election Commission or the State Election Officer, for the preparation of electoral rolls, or for the conduct of elections under these rules, shall unless repugnant to these rules, be deemed to have been issued or made under these rules.

FORM 1

NOTICE OF PUBLICATION OF ELECTORAL ROLL

[See rule 24 (1)]

Notice is hereby given that the Town Panchayat/Municipal Council/Municipal Corporation* Electoral Roll has been prepared in accordance with the Tamil Nadu Urban Local Bodies Rules, 2023 by adopting the existing entries in the relevant part of the electoral roll of the .................................. Legislative Assembly Constituency. A copy thereof relating to the .............................ward/division of the .....................................Town Panchayat/Municipal Council/Municipal Corporation* has been published for inspection.

Any person who wishes to lodge any claim for including his/her name in the roll or any objection to the inclusion of a name or any objection to the particulars in any entry in the said roll, shall first get such claim or objection settled with reference to the corresponding entry in the Assembly Roll by lodging suitable claim or objection under the provisions of the Representation of the People Act, 1950 (Central Act 43 of 1950) and the Registration of Electors Rules, 1960 before the Electoral Registration Officer of the said Assembly Constituency located at ...............................

All orders of inclusion, deletion or corrections issued on the basis of these claims and objections by the Assembly Electoral Registration Officer till the last date fixed for making nomination for election of Councillors of the Town panchayat or municipal council or municipal corporation will be duly incorporated in the ........................................ Town Panchayat/Municipal Council/Municipal Corporation* Electoral Rolls.

Place: …................

Date: .....................

Electoral Registration Officer, ……………..…......Town Panchayat/ Municipal Council/Municipal Corporation*.

[*strikeout whichever is not applicable.]60 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM 2

NOTICE OF ELECTION

[See rule 29 (1)]

Election of the Councillors to Wards/Divisions of ...................................... Town Panchayat/ Municipal

Council/Municipal Corporation*.

Notice is hereby given that,—

1. (a) elections are to be held to elect a Councillor(s) of Ward/ Divisions of …........................................ Town Panchayat/Municipal Council/Municipal Corporation*.

(b) the ward/divisions which are reserved for persons belonging to Scheduled Castes/ Scheduled Tribes and/or Women are given below:--

2. Nomination papers may be delivered by a candidate or his proposer to the Returning Officer/Assistant Returning Officer at …..................................... between …..... a.m. and…....p.m. on any day (other than a public holiday ) from ..................... to …...............

3. Forms of nomination papers will be available in the office of the Town Panchayat/Municipal Council/Municipal Corporation* and at the office of the Assistant Returning Officer from this date on all working days.

4. The nomination papers will be taken up for scrutiny at …..... a.m. on …......... at....................

. 5. Notice of withdrawal of candidature may be delivered by a candidate or his proposer who has been specifically authorised in this behalf in writing by the candidate to the Returning Officer/Assistant Returning Officer upto ….... p.m. on ….............. .

6. In the event of the election being contested the poll will be taken on …......................... between ........a.m. and …........p.m. at the polling stations notified for this purpose.

7. The counting of votes shall commence at …....... a.m. on ….......................... .

8. The election shall be completed before …......................

9. The first meeting of the newly-elected councillors shall be held on …................. at the office of the …............................ Town Panchayat/Municipal Council/Municipal Corporation*.

Place: ..................

Returning Officer,

Date: ……............

................... Town Panchayat/Municipal

Council/Municipal Corporation*.

[*Strike out whichever is not applicable]TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 61

FORM 3

NOMINATION PAPER

[See rule 30 (1) and (2)]

Election of the Councillor to Ward/Division No……… of .................................................. Town

Panchayat/Municipal Council/Municipal Corporation*

(To be filled in by the proposer)

I hereby nominate Thiru/Tmt/Selvi* .................................... .as a candidate for the election as a councillor from Ward/Division* No..................of the ................................. Town Panchayat/Municipal Council/Municipal Corporation*.

His/Her* name is entered at Serial No. ......... in Part No. ……….. /Street No............ of the electoral roll for Ward/Division* No. ............ of ................................................ Town Panchayat/Municipal Council/Municipal Corporation*.

My name is entered at Serial No. ......... in Part No............/Street No.......................... of the electoral roll for Ward/Division* No. ........... of ............................................. Town Panchayat/Municipal Council/Municipal Corporation*.

Place: ..................

Signature of the Proposer.

Date: ......................

……………………………………………………………………………………………………………………

-2-

(To be filled by the candidate)

I, the above mentioned candidate assent to this nomination and hereby declare that,—

(a) I have completed .................................... years of age;

(b) the symbols I have chosen are in the following order of preference:-

(i)............................................................

(ii)........................................................... and

(iii)..........................................................

(c) ** I am a member of the................................................... caste/tribe which is a Scheduled Caste/Tribe in the State of Tamil Nadu in relation to ................................................(area).

(d) I am not employed as Village Administrative Officer or village servant or an officer or servant of the State or Central Government or of a Village Panchayat, Panchayat Union Council, District Panchayat, Town Panchayat, Municipal Council or Municipal Corporation or of any industrial Township or of Cantonment or of any body Corporate, owned or controlled by the State or Central Government.

Date: ................. Signature of the Candidate.

Note: ** Item (c) needs to be made only by a Scheduled Castes/Scheduled Tribes candidate. ………………………………………………………………………………………………………………………

(To be filled by the Returning Officer)

Serial No. of nomination paper: ………………..

The nomination was presented to me at my office at ........................... (hour) on ...........................

(date) by the candidate/proposer.

Place: ................. Returning Officer /Assistant Returning Officer.* Date: ..................

---------------------------------------------------------------------------------------------------------------------------------------

Receipt for nomination paper and notice of scrutiny

(To be handed over to the person presenting the nomination paper)

Serial No. of nomination paper: ………………….

The nomination paper of Thiru/Tmt/Selvi* ........................., a candidate for election as Councillor from ward/division* No........................... of the Town Panchayat/Municipal Council/Municipal Corporation,* was presented to me at my office at .............. (hour) on .....................(date) by the candidate/proposer.

All nomination papers will be taken up for scrutiny at................. a.m.(time) on ............ (date) at ................... (place).

Place: ................. Returning Officer/Assistant Returning Officer.* Date: ..................

Decision of Returning Officer Accepting or Rejecting the Nomination Paper

I have examined this nomination paper in accordance with rule 33 of the Tamil Nadu Urban Local Bodies Rules, 2023 and decided as follows:-

Accepted/Rejected*

Place:

Date:

Returning Officer/ Assistant Returning Officer.* ………………………..Town Panchayat/Municipal

Council/Municipal Corporation*.

---------------------------------------------------------------------------------------------------------------------------------------------

[*strike out whichever is not applicable]TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 63

FORM 4

[See rule 30 (3)(a)(g)]

AFFIDAVIT TO BE FURNISHED BY THE CANDIDATE ALONG WITH NOMINATION PAPER BEFORE

THE RETURNING OFFICER

ELECTION OF THE COUNCILLOR TO WARD/DIVISION NO.* ………..OF …………………. TOWN

PANCHAYAT/MUNICIPAL COUNCIL/MUNICIPAL CORPORATION*.

PART A

I ……………….. son/daughter/wife{{^{{FOOTNOTE *}}}} of ……………… Aged …………years, resident of ………………….….........………………………………....…………………….. (mention full postal address including pincode), a candidate at the above election, do hereby solemnly affirm and state on oath as under:-

(1) I am a candidate set up by ……………………………….………. (name of the political party)/am contesting as an Independent candidate{{^{{FOOTNOTE *}}}}.

(2) My name is enrolled in Ward/Division* No ..........… of Electoral Roll of ........................... Town Panchayat/Municipal Council/Municipal Corporation* at Serial No …………. in Part No ……

(3) My contact telephone number ........................... (with STD Code)/mobile number (s) is/are ............……………….......... and my e-mail id (if any) is...............................................

(4) Details of Permanent Account Number (PAN) and status of filing of Income Tax return:

(5) I have not been sentenced/imprisoned for any offence(s) punishable with imprisonment for more than six months as provided under sub-section (4) of section 12 of the Tamil Nadu Urban Local Bodies Act, 1998 (Tamil Nadu Act 9 of 1999)/a case(s)/is/are pending against me in which a charge(s) has/have been framed by the court(s) of competent jurisdiction.

If the deponent is accused of any such offence(s) he shall furnish the following information:-

(i) The following case(s) is /are pending against me in which charges have been framed by the court for an offence punishable with imprisonment for six months or more:-

(ii) The following case(s) is /are pending against me in which cognizance has been taken by the court [other than the cases mentioned in item (i) above]:-

(6) I have not been convicted of an offence(s) and I have been/have not been removed/disqualified under Tamil Nadu Urban Local Bodies Act, 1998 (Tamil Nadu Act 9 of 1999).

If the deponent is convicted and punished as aforesaid, he shall furnish the following information:

(i) Cases in which, I have been convicted and sentenced to imprisonment by a court of law:

(ii) If the deponent dismissed/disqualified from the post of ……………………………under the Tamil Nadu Urban Local Bodies Act, 1998 (as in Sl.No.5 above), he shall furnish the following information:—

(7) That I give herein below the details of the assets (movable and immovable etc.) of myself, my spouse and all dependents:—

A. Details of movable assets:

Note: 1. Assets in joint name indicating the extent of joint ownership will also have to be given.

2. In case of deposit/investment, the details including Serial Number, Amount, date of deposit, the scheme, Name of the Bank/Institution and Branch are to be given.

3. Value of Bonds/Share Debentures as per current market value in Stock exchange in respect of listed companies and as per books in case of non-listed companies should be given.

4. Dependent here means, a person substantially dependent on the income of the candidate.

5. Details including amount are to be given separately in respect of each investment.

B. Details of Immovable Assets:

Note: 1. Properties in joint ownership indicating the extent of joint ownership will also have to be indicated.

2. Each land or building or apartment should be mentioned separately in this format.

(8) I give herein below the details of liabilities/dues to public financial institutions and government:-

(Note: please give separate details of name of bank, institution, entity or individual and amount before each item)

(9) Details of profession or occupation:

(a) Self ……………………………………………………………..

(b) Spouse ………………………………………………………..

(10) My educational qualification is as under:-

……………………………………………………………………………(Give details of highest School/ University education mentioning the full form of the certificate/diploma/degree course, name of the School/College/University and the year in which the course was completed.)

PART B

(11) Abstract of the details given in (1) to (10) of Part-A:

VERIFICATION

I, …………………… the deponent, above named, do hereby verify and declare that the contents of this affidavit are true and correct to the best of my knowledge and belief and no part of it is false and nothing material has been concealed there from. I further declare that,—

(a) there is no case of conviction or pending case against me other than those mentioned in items 5 and 6 of Parts A and B above;

(b) I, my spouse, or my dependents do not have any asset or liability, other than those mentioned in items 7 and 8 of Part A and items 8, 9 and 10 of Part B above; and

(c) I am aware that filing false affidavit, etc. is punishable with imprisonment for a term which may extend to six months, or with fine, or with both under relevant sections of the Act.

Verified at …………………. this the ………. day of .…………………

DEPONENT

Note:- 1. Affidavit should be filed along with the Nomination paper.

2. Affidavit should be sworn before a Commissioner of Oaths or Magistrate of the First Class or before a Notary Public. The affidavit shall be prepared in a value of not less than twenty rupees (Rs.20) non judicial stamp paper.

3. All columns should be filled up and no column to be left blank. If there is no information to furnish in respect of any item, either "Nil" or "Not applicable", as the case may be, should be mentioned.

4. The Affidavit should be either typed or written legibly and neatly.

[*strikeout whichever is not applicable.]

FORM 5

NOTICE OF NOMINATION

[See rule 32 (2)]

Election of the Councillor to Ward/Division* No……… of .......................................Town

Panchayat/Municipal Council/Municipal Corporation*.

Notice is hereby given that the following nominations in respect of the above election have been received upto ..................... p.m. today:-

Note: The nomination papers will be taken up for scrutiny at 11.00 a.m. on the ........... day of ……… at …………….…….. (Place)

Place: ......................

Returning Officer/ Assistant Returning Officer.*

Date: .......................

[*strikeout whichever is not applicable.]TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 71 FORM 6

LIST OF NOMINATIONS RECEIVED

[See rules 32 (3), (4) and 33 (1)]

.......................................................... Town Panchayat/Municipal Council/Municipal Corporation*.

List of nominations received for election of the Councillor to Ward/Division* No……..........................… of ................................. Town Panchayat/Municipal Council/Municipal Corporation*.

Note:- The nomination papers will be taken up for scrutiny at .............. a.m. on ............... at ............... (place) Place: ...................

Returning Officer/ Assistant Returning Officer.* Date: ……………..

[*strikeout whichever is not applicable.]72 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY FORM 7

LIST OF VALIDLY NOMINATED CANDIDATES

[See rule 33 (9)]

.......................................................... Town Panchayat/Municipal Council/Municipal Corporation*.

List of nominations which are found valid among the nominations received for the election of the Councillor to Ward/Division* No……..…… of ..................................... Town Panchayat/Municipal Council/Municipal Corporation*.

Place: .................

Returning Officer / Assistant Returning Officer.*

Date: ...................

[*strikeout whichever is not applicable.]TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 73 FORM 8

NOTICE OF WITHDRAWAL

[See rule 34 (1)]

Election of the Councillor to Ward/Division* No…………….… of ............................ Town Panchayat/

Municipal Council/Municipal Corporation*.

To The Returning Officer,

I, ............................................., a candidate nominated at the above election do hereby give notice that I withdraw my candidature.

2. I am fully aware that I cannot cancel this notice of withdrawal under sub-rule (3) of rule 34 of the Tamil Nadu Urban Local Bodies Rules, 2023.

Place:................

Signature of Candidate.

Date: .................

(To be filled by the Returning Officer)

The notice was delivered to me at my office at ......... (hour) on ............... (date) by .............. (name) the........................*

Returning Officer

Date:..................... ---------------------------------------------------------------------------------------------------------------------------------------------

RECEIPT FOR NOTICE OF WITHDRAWAL

(To be handed over to the person delivering the notice.)

The notice of withdrawal of candidature by ................................, a candidate at the election of councillor to Ward/Division* No......... of .................. Town Panchayat/Municipal Council/Municipal Corporation* was delivered to me by the **............... at my office at ............. (hour) on ..............(date).

Returning Officer.

NOTE:

[*strikeout whichever is not applicable.]

** Here insert one of the following alternatives as may be appropriate:-

(1) Candidate.

(2) Candidate's proposer who has been authorised in writing by the candidate to deliver it.

FORM 9

NOTICE OF WITHDRAWAL OF CANDIDATURE

[See rule 34 (4)]

Election of the Councillor to Ward/Division* No……….…… of ..................................... Town Panchayat/

Municipal Council/Municipal Corporation*.

Notice is hereby given that the following candidate/candidates at the above election has/have withdrawn his candidature/their candidature(s) today.

Place: ...........................

Returning Officer.

Date: ............................

[*strikeout whichever is not applicable.]TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 75

FORM 10

LIST OF CONTESTING CANDIDATES

[See rules 35 (1), (2) (c), 36 (1) (a), 39 (3) (4), 45 (4), 53 (1), 76 (2) and 77 (4) (a)]

............................................... Town Panchayat/Municipal Council/Municipal Corporation*.

List of contesting candidates for election of the Councillor to Ward/Division* No……… of ................................. Town Panchayat /Municipal Council/Municipal Corporation.*

Note:- The poll will be taken on .................. between ......... a.m. and ...........p.m. at the polling stations notified for the purpose.

Place: ...........................

Returning Officer.

Date: ............................

[*strikeout whichever is not applicable.]76 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM 11

APPOINTMENT OF ELECTION AGENT

[See rule 42]

Election of the Councillor to ward/division* No….……...…… of .......................................... Town

Panchayat/Municipal Council/Municipal Corporation*.

To

The Returning Officer,

I, ..................................... of ........................, a candidate at the above election do hereby appoint Thiru/Tmt/Selvi* .......................... of ......................... as my election agent from this day at the above election.

His/Her* recent photograph, duly attested by me, is pasted below.

Photograph

of election

agent

Place:........................

Signature of Candidate.

Date:.........................

I accept the above appointment.

Place:........................

Signature of Election agent.

Date:.........................

[*strikeout whichever is not applicable.]TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 77

FORM 12

APPOINTMENT OF POLLING AGENT

[See rule 44 (2)]

Election of the Councillor to Ward/Division* No…………….… of ......................................... Town

Panchayat/Municipal Council/Municipal Corporation*.

I, ................................., a candidate/election agent of .............................................. who is a candidate,* in the above election do hereby appoint Thiru/Tmt/Selvi* ………………... of ..............................

as polling agent to attend the Polling Station No..................... at ....................

His/Her* recent photograph, duly attested by me, is pasted below.

Photograph

of polling

agent

Date: .....................

Signature of Candidate / Election Agent.*

I agree to act as such polling agent.

Place: .........................

Signature of Polling Agent.

Date: ...........................

[*strikeout whichever is not applicable.]

Declaration of polling agent to be signed before the Presiding Officer.

I hereby declare that at the above election I will not do anything forbidden by the relevant section of the Act which I have read/ has been read over to me.

Date: ....................

Signature of Polling Agent.

Signed before me.

Date: .....................

Signature of Presiding Officer.

-----------------------------------------------------------------------------------------------------------------------------------

(To be handed over to the polling agent for production at the polling station.)78 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM 13

[See rule 46 (6)]

PART I

DECLARATION BY THE PRESIDING OFFICER BEFORE THE COMMENCEMENT OF POLL

Election of the Councillor to Ward/Division* No………………. of ........................................ Town

Panchayat/Municipal Council/Municipal Corporation*.

:

Name of the Town Panchayat/Municipal Council/Municipal Corporation*

No. and name of the polling station :

:

Date of poll

I hereby declare,—

(1) that I have demonstrated to the polling agents and other persons present that the ballot boxes to be used for the poll are empty.

(2) that on the paper seal used for securing the ballot box, I have affixed my own signature and obtained thereon the signatures of such of the polling agents who are present and desirous of affixing the same.

(3) that I have demonstrated to the polling agents and others present that the marked copy of the electoral roll/ rolls to be used during the poll does/do not contain any marks other than those used for issuing election duty certificates, and

(4) that I have allowed the polling agents to note the first and the last of the serial numbers of the ballot papers and also the numbers on the paper seals which will be used at the polling station.

Signature of Presiding Officer. Signature of Polling Agents.

1........................... (of candidate..................................................)

2. .......................... (of candidate ................................................)

3. .......................... (of candidate ................................................)

4. .......................... (of candidate ................................................)

5. .......................... (of candidate ................................................)

6. .......................... (of candidate ................................................)

7. .......................... (of candidate ................................................)

8. .......................... (of candidate ................................................)

9. .......................... (of candidate ................................................)

The following agents declined to affix their signatures to this declaration:-

1. .......................... (of candidate ................................................)

2. .......................... (of candidate ................................................)

3. .......................... (of candidate ................................................)

4. .......................... (of candidate ................................................)

Signature of Presiding Officer.

PART II.

DECLARATION AT THE END OF POLL.

I have furnished to the polling agents, who were present at the polling station at the close of the poll and whose signatures are affixed below, an attested copy each of the entries in the ballot paper account in Form 21.

Date:

Signature of Presiding Officer.

Received an attested copy of the entries made in the ballot paper account.

Signature of Polling Agents.

1 .......................... (of candidate .................................................)

2. .......................... (of candidate ................................................)

3. .......................... (of candidate ................................................)

4. .......................... (of candidate ................................................)

5. .......................... (of candidate ................................................)

6. .......................... (of candidate ................................................)

7. .......................... (of candidate ................................................)

8. .......................... (of candidate ................................................)

9............................ (of candidate ................................................)

The following polling agents who were present at the close of the poll declined to receive an attested copy of the ballot paper account and to give a receipt therefor and so an attested copy of the ballot paper account was not supplied to them.

1 .......................... (of candidate ................................................)

2. .......................... (of candidate ................................................)

3. .......................... (of candidate ................................................)

4. .......................... (of candidate ................................................)

5. .......................... (of candidate ................................................)

6. .......................... (of candidate ................................................)

7. .......................... (of candidate ................................................)

8. .......................... (of candidate ................................................)

9........................... (of candidate .................................................)

Date:

Signature of Presiding Officer.

[*strikeout whichever is not applicable.]80 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM 14

LIST OF CHALLENGED VOTES

[See rules 49 (2) (c) and 83 (2) (c)]

Election of the Councillor to Ward/Division* No……… of ........................................Town

Panchayat/Municipal Council/Municipal Corporation*.

No. and Name of Polling Station:

Date: ............................. Signature of Presiding Officer

[*strikeout whichever is not applicable.]TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 81

FORM 15

BALLOT PAPER

[See rule 53 (1)

Counter Foil .............................................................. Town Panchayat/Municipal Council/Municipal Corporation* Ward/Division* No……………………………..

Electoral roll Part No. ....................../Street Name ......................

Sl. No. of the elector...................................

Signature or thumb impression of the elector.

---------------------------------------------------------------------------------------------------------------------------------------

Ballot Paper Ward/Division* No.......... of .................................................... Town Panchayat/Municipal Council/Municipal Corporation.*

NAME

SYMBOL

NAME

SYMBOL

NAME

SYMBOL

NAME

SYMBOL

NAME

SYMBOL

NAME

SYMBOL

NONE OF THE ABOVE NOTA

[*strikeout whichever is not applicable.]82 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM 16

APPLICATION BY AN ELECTOR ON ELECTION DUTY TO VOTE

[See rule 56 (1)]

To The Returning Officer, ............................................................. Town Panchayat/ Municipal Council/Municipal Corporation*.

Sir,

(1) I intend to cast my vote in person at the ensuing election to ................ of the .................................... Town Panchayat/Municipal Council/Municipal Corporation*. I have been enrolled under Serial No. ...................... of Part No. ................ /Street Name. ............................ in the electoral roll of the Ward/Division* No......... of ……........................ Town Panchayat/Municipal Council/Municipal Corporation*.

(2) I have been posted for election duty at the ensuing election of Councillor of ……....................

Town Panchayat/Municipal Council/Municipal Corporation* but else where than the polling station at which I am entitled to vote.

3) I request that a certificate in Form 17 with a ballot paper may be sent to me to the address given below to enable me to cast my vote at the above election. (

My address: ........................................................................

......................................................................

......................................................................

Date:

Signature of elector on election duty.

[*strikeout whichever is not applicable.]TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 83

FORM 17

ELECTION DUTY CERTIFICATE

[See rule 56 (1)]

Certified that Thiru/Tmt/Selvi*......................................... is an elector in Ward/Division* No………..…

of ..................................... Town Panchayat/Municipal Council/Municipal Corporation*. His/Her* electoral roll particulars are given below:

Serial No.

:

Part No./Street Name

:

Ward/Division No

:

:

Town Panchayat/Municipal Council/ Municipal Corporation*

Certified also that by reason of being on election duty, he is unable to vote at the polling station where he is entitled to vote and that he is, therefore, hereby authorised to vote through postal ballot paper in the manner laid down in rule 56.

seal

Date: ....................................

Returning Officer.

[*strikeout whichever is not applicable]84 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM 18

DECLARATION BY ELECTOR ON ELECTION DUTY

[See rules 56 (2) and 66 (1) (b) and (c)]

Election of the Councillor to Ward/Division* No……… of .................................... Town

Panchayat/Municipal Council/Municipal Corporation*.

I hereby declare that I am the elector to whom the postal ballot paper bearing Serial No. ................... has been issued at the above election. I declare that I have marked my vote myself on the ballot paper.

Date: .......................

Signature of Elector.

Address.....................................

...............................................

........................................

[*strikeout whichever is not applicable.]TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 85

FORM 19

LIST OF BLIND AND INFIRM ELECTORS

[See rules 57 (2) and 87 (2)]

Election of the Councillor to Ward/Division* No….........…… of ...................................... Town

Panchayat/ Municipal Council/ Municipal Corporation*.

Polling Station No. and Name:

Date: ………..............

Signature of Presiding Officer.

[*strikeout whichever is not applicable.]86 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM 20

LIST OF TENDERED VOTES

[See rule 59 (2)]

Election of the Councillor to Ward/Division* No……… of ..................................... Town

Panchayat/Municipal Council/Municipal Corporation*.

Polling Station No. and Name:

Date: ..........................

Signature of Presiding Officer.

[*strikeout whichever is not applicable.]TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 87

FORM 21

[See rules 62 (5) (a) (i), 66 (7) and 69 (2)]

Election of the Councillor to Ward/Division* No…………… of ............................................ Town

Panchayat/Municipal Council/Municipal Corporation*.

PART I

BALLOT PAPER ACCOUNT

Name of the Town Panchayat/Municipal Council/Municipal Corporation* ................... Ward/Division* No......

Polling Station No. and Name: ...............................................

[*strikeout whichever is not applicable.]

** Serial Nos. need not be given

Date: ………..............

Signature of Presiding Officer.

PART II

RESULT OF INITIAL COUNTING

1. Total No. of Ballot Papers that should be found in the ballot box(es) as shown in item 5 of Part I: 2. Total No. of Ballot Papers actually found in the ballot box(es) as per initial counting: 3. Discrepancy, if any,……........

Date: .......................

Signature of Counting Supervisor.

Signature of the Returning Officer.

FORM 22

REGISTER OF ELECTORS

[See rules 85 (a), 86 (7), 88, 94 (1) (b) and 96 (3)]

Election of the Councillor to Ward/Division* No……….….… of ......................................... Town

Panchayat/Municipal Council/Municipal Corporation*.

Polling Station No. and Name: ---------------------------------------

Date:

Signature of the Presiding Officer

[*strikeout whichever is not applicable.]TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 89

FORM 23

LIST OF TENDERED VOTES

[See rules 89 (2) and 94 (1) (c)]

Election of the Councillor to Ward/Division* No…………..…… of .................................. Town Panchayat/

Municipal Council/Municipal Corporation*.

No. and Name of the Polling Station: -------------------------------------

Date: …………………… Signature of the Presiding Officer.

[*strikeout whichever is not applicable.]90 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM 24

PART I

ACCOUNT OF VOTES RECORDED

[See rules 92, 95 (1) (b), 101 (2) (a) and (b) and 102 (1)]

Election of the Councillor to Ward/Division* No…………..…… of .................................. Town

Panchayat/Municipal Council/Municipal Corporation*.

Number and Name of the Polling Station: ---------------------------------

Machine used at the Polling Station: ----------------------------------------

Identification Number of Voting Control Unit: ------------------------------

Identification Number of Balloting Unit(s): ---------------------------------

Signature of Polling Agents.

Date: ………………….

Signature of Presiding Officer Polling Station No. ………….

PART II

RESULT OF COUNTING

Whether the total number of votes shown above tallies with the total Number of votes shown against Sl. No. 5 of Part I or any discrepancy noticed between the two totals.

Date: ………………….

Signature of Counting Supervisor.

Date: ..........................

Signature of Returning Officer.

[*strikeout whichever is not applicable.]92 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM 25

APPOINTMENT OF COUNTING AGENTS

[See rules 64 (1) and 98 (1)]

Election of the Councillor to Ward/Division* No….…… of .............................................. Town

Panchayat/Municipal Council/Municipal Corporation*.

To The Returning Officer,

I, ........................................., a candidate/the election agent* of .............................., who is a candidate at the above election do hereby appoint the following person as my counting agent to attend the counting of votes at.....................................

His recent photograph, duly attested by me is pasted below:-

Date:...............

Signature of candidate/election agent.* I agree to act as such counting agent.

Signature of counting agent.

Place: ......................... Date:...............

Declaration of counting agent to be signed before the Returning Officer

I hereby declare that at the above election, I will not do anything forbidden by the relevant section of the Act, which I have read/has been read over to me.

Date: ……..............

Signature of counting agent.

Signed before me.

Date: …................

Signature of Returning Officer.

[*strikeout whichever is not applicable.] ------------------------------------------------------------------------------------------------------------------------------------

(To be handed over to the counting agent for production at the counting centre.)TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 93

FORM 26

RESULT SHEET

[See rules 69 (2), 71 (1), (4) (b) and (5), 72 (4), 101 (2) (c), (d), (e) and (f) and 102 (1)]

Election of the Councillor to Ward/Division* No………… of ............................... Town Panchayat/

Municipal Council/Municipal Corporation*.

Place: ........................... Signature of Returning Officer.

Date: .............................

[*strikeout whichever is not applicable.]94 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM 27

RETURN OF ELECTION

[See rule 72 (1)]

.........................................................Town Panchayat/Municipal Council/Municipal Corporation*.

Election of the Councillor to Ward/Division* No…………… of .......................................... Town

Panchayat/Municipal Council/Municipal Corporation*.

I declare that Thiru/Tmt/Selvi*........................................has been duly elected as the Councillor of the ............ Ward/Division* of .......................Town Panchayat/Municipal Council/Municipal Corporation*.

Place: ........................

Signature of Returning Officer.

Date: ..........................

[*strikeout whichever is not applicable.]TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 95

FORM 28

DECLARATION OF THE RESULT OF ELECTION

[See rules 36 (2) and 74]

Election of the Councillor to Ward/Division* No………… of ................................ Town Panchayat/

Municipal Council/Municipal Corporation*.

DECLARATION

In pursuance of the provisions contained in rule 97 of the Tamil Nadu Urban Local Bodies Rules, 2023, I declare that,—

Thiru/Tmt/Selvi*........................................(Name)............................................................(Address) has been duly elected as Councillor from Ward/Division* No. .............. of.................................. Town Panchayat/ Municipal Council/Municipal Corporation*.

Place: .....................

Signature of the Returning Officer.

Date: ......................

[*strikeout whichever is not applicable.]96 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM 29

NOMINATION FORM

[See rule 113 (1)]

Election of Chairperson/Vice-Chairperson/Mayor/Deputy Mayor* of ......................... Town Panchayat/

Municipal Council/Municipal Corporation*.

Election of Chairperson of ..................... Wards Committee of .......................... Municipal Council/

Municipal Corporation*.

Election of Chairperson/Members of ............................. Committee.............................Town Panchayat/

Municipal Council/Municipal Corporation*.

I, Thiru/Tmt/Selvi* ............................ Councillor from Ward/Division* No. .................., hereby nominate Thiru/Tmt/Selvi* ..................................... Councillor from Ward/Division* No................., as a candidate for the election of Chairperson/Vice-Chairperson/Mayor/Deputy Mayor/Chairman* of Wards Committee/Chairperson/Member* of.................................. Committee of the ...................................Town Panchayat/Municipal Council/Municipal Corporation*.

Place:................

Signature of the Proposer.

Date:.................

I, Thiru/Tmt/Selvi* ……………….........................Councillor from Ward/Division* No............................, hereby second the above nomination.

Place: .........................

Signature of the Seconder.

Date: ............................

Declaration of the Candidate

I,………………………..Thiru/Tmt/Selvi* ............................. Councillor from Ward/Division* No ......................., hereby ....................................... assent to this nomination.

** I am a Member of the …… caste/tribe which is a Scheduled caste/tribe in the State of Tamil Nadu in relation to ……………… …… (area).

Place: ....................

Signature of the Candidate.

Date: .....................

[*strikeout whichever is not applicable.]

**needs to be made only for Chairperson/Mayor Election by a Scheduled Castes/Scheduled Tribes candidate.

FORM 30

BALLOT PAPER

[See rule 119]

Election of Chairperson/Vice-Chairperson/Mayor/Deputy Mayor/Chairperson/Member* of the

…………..Wards Committee .............. Statutory Committee of ....................... Town Panchayat/

Municipal Council/Municipal Corporation*.

Serial No.:

NAME

WARD/DIVISION NO.

NAME

WARD/DIVISION NO.

NAME

WARD/DIVISION NO.

NAME

WARD/DIVISION NO.

Signature of the Returning Officer.

[*strikeout whichever is not applicable.]98 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

CHAPTER IV.

PART I.

COUNCIL.

154. Place of meeting.— (1) All meetings of the council shall be conducted in the main office building of the municipality.

(2) The Chairperson may allow any visitor to witness the proceedings of the council subject to the availability of space. The Chairperson may direct any visitor, whose conduct is in his opinion grossly disorderly, to withdraw immediately from the visitors hall.

155. Presidency of the meeting.— (1) Every meeting of the council shall be presided over by the Chairperson and in his absence by the Deputy Chairperson and, in the absence of both of them, one member from the panel of Councillors nominated under section 47 of the Act in the order of their names in the panel shall preside over the meeting:

Provided that in the case of special meeting convened by the Commissioner under sub-section (1) of section 34 of the Act, the Chairperson shall not preside over the meeting.

(2) In the absence of the Chairperson, the Deputy Chairperson or the presiding member, as the case may be, shall exercise the powers exercisable by the Chairperson as provided in the Act and the rules made thereunder.

156. Ordinary meeting.— (1) An ordinary meeting shall be convened by the Chairperson at least once in a month. The agenda for the meeting of the council and the standing committees shall be prepared by the Commissioner in consultation with the Chairperson. The Commissioner may include in the agenda any subject which in his opinion should be considered by the council or committee and shall include therein any subject specified by the Chairperson. On any subject included in the agenda, the Chairperson as well as the Commissioner shall have the right of recording their views in a note and such note shall be circulated to the Councillors or placed before the council before or at the time of the consideration of such subject by the council:

Provided that no meeting shall be conducted on holidays.

Explanation.— The expression "holiday" includes Saturday, Sunday and any other day declared by the Government, by notification to be a public holiday.

(2) The notice and the agenda for the meeting shall be in the name and with the signature of the Chairperson and shall be sent to all the members of the council at least six clear days before the date fixed for the meeting. For sufficient reasons, the Chairperson may, alter the date or the time of the meeting at any time by giving at least twenty four hours notice to the members.

(3) In cases of urgency, the chairperson may convene a meeting at shorter notice than that of days specified in sub-rule (2).

(4) Supplemental notice adding further items of business for consideration at a meeting may be issued before twenty four hours of the meeting.

(5) The business left over at an ordinary meeting shall be carried over to next ordinary meeting, and such left over business shall be taken up first for discussion in the next ordinary meeting.

(6) (a) (i) Where for any reason the ordinary meeting as required to be convened under this rule is not convened for two months consecutively; or

(ii) Where any business relating to execution of work for which financial allocation is already made or any other business of public importance, which in the opinion of the Commissioner cannot be delayed, is adjourned to next meeting without valid reason, the Commissioner shall immediately send a report to the Director.

(b) The Director on examining the report may issue directions to the Chairperson for convening the meeting and for passing of necessary resolutions for execution of works or to carry out the works which are of public importance. If the direction of the Director is not complied within the time specified in such direction, the Director may cause the work to be carried out through the Commissioner after sending a report to the Government in this regard, and the expenditure connected therewith shall be met from municipal funds.

157. Special meeting.— (1) On matters of urgent public importance which cannot be postponed till the convening of the next ordinary meeting the chairperson on his own motion or on the requisition in writing signed by not less than one-third of the members of the council may convene a special meeting of the council, after giving three clear days notice.

(2) In case of emergencies such as natural calamities, the Chairperson may convene a special meeting of the council on any day including a holiday at shorter notice. In such meetings, the subject relating to the specified emergency or natural calamity alone shall be discussed.

158. Quorum of a meeting.— (1) The quorum for ordinary or special meeting shall be one third of the total number of elected members, including the Chairperson of the council, as on the date of the meeting.

(2) If the required number of members constituting the quorum is not present at the meeting before the expiry of thirty minutes from the hour fixed for an ordinary meeting, such meeting shall be adjourned on that date by the Chairperson or Deputy Chairperson or Presiding member, as the case may be, and that adjourned meeting shall be conducted within seven days. A notice in this regard shall be sent to all members on the date on which the meeting has been adjourned.

(3) If there is no quorum as in sub-rules (1) and (2) for a special meeting, other than the special meeting convened under sub-section (1) of section 34 of the Act, the Chairperson shall have the power either to cancel or to adjourn such meeting.

159. Order of business to be transacted in the meeting.— (1) In any ordinary meeting convened, the minutes of the decisions taken in the previous meeting shall be placed and after recording of the minutes, the other items of business shall be taken up for discussion in the following order, namely:-

(i) interpellations;

(ii) papers to be laid on the table of the Council. (No discussion shall be allowed on these papers on that day);

(iii) gist of the proceedings of committees, if any;

(iv) matters relating to official business brought forward by the Chairperson as urgent ;

(v) adjourned subjects of the previous meetings;

(vi) left over business of the previous meetings; and

(vii) resolutions on matters listed in the Agenda.

(2) The order of business for the day may, with the leave of the Council, be changed by moving a motion for a change by the Chairperson for this purpose.

160. Procedure to be followed in the meeting.— (1) The members of the Council who are attending the meeting, shall occupy the respective seats allotted to them and speak only from their seats.

(2) A member who desires to speak, shall first rise from his seat, and he shall speak only after the Chairperson calls his name. If two or more members rise simultaneously to speak, the Chairperson may call any one of such members to speak as the circumstances warrant. The other members shall immediately resume their seats. At any time when the Chairperson rises from his seat, the member speaking shall resume his seat. When any member is called to order by the Chairperson, such member shall immediately resume his seat.

(3) The business of the council shall be transacted in Tamil.

(4) A member, while speaking, shall not,—

(i) comment on any matter on which a judicial proceeding is pending;

(ii) make a personal charge against any member or chairperson or any employee of the Government or the local body:

Provided that such remarks, if any, made shall not be recorded either in the minutes or in the verbatim report;

(iii) indulge or interrupt by his speech or any other act so as to obstruct the proceedings of the council;

(iv) speak on any matter not connected with the subject matter of discussion; and

(v) ask any question, which has already been answered.

(5) Any member may raise any point of order. While raising such point of order, the member shall confine his speech only to the issues involved in the point of order. On all such points of order, the decisions given by the Chairperson shall be final and binding.

(6) Every subject included in the agenda of a meeting of a Municipal Council shall be read out at the meeting in full.

(7) The Chairperson, after having called the attention of the Council to the conduct of a Councillor who persists in irrelevance or in tedious repetition either of his own arguments or of the arguments used by other Councillors in debate, may direct him to discontinue his speech.

(8) (i) A member shall be guilty of breach of the rules governing the proceeding of the council, if he,—

(a) uses any objectionable or unparliamentarily words or language in his speech and refuses to withdraw such words or refuses to tender apology as required by the Chairperson. Such part of the speech shall not be recorded in the proceedings of the council meeting;

(b) wilfully disturbs the peaceful and orderly conduct of the meeting;

(c) refuses to obey any order of the Chairperson;

(d) fails to resume his seat when the Chairperson rises from his chair or when he is called upon to do so by the Chairperson; or

(e) commits any other act or conducts himself in any disorderly manner, which may bring disrepute or discredit to the Council.

(ii) Where the Chairperson is of opinion that any member is guilty of any breach of order referred to in clause (i), he may order the member to withdraw from the meeting and to be absent for the remainder of the day's proceedings. In case such member is not withdrawing from the meeting, the Chairperson may evict such member from the council hall. The decision of the Chairperson shall be final.

(iii) If any member commits the breach of order referred to in clause (i) for the second or subsequent times, any member or the Chairperson may move a resolution for suspension of the member for any one or two ordinary meetings, and on the resolution being passed by the Council, the member concerned shall be deemed to be suspended as resolved by the Council.

161. Method of recording of votes.— (1) All resolutions of the council shall be caused to be read over in that meeting and where no objection is raised, all such resolutions shall be deemed to have been passed by the council.

(2) If two or more elected members of the council require for a poll to be taken before passing of a resolution, the Chairperson shall put the resolution for voting by the elected members. The Chairperson shall then ask the elected members who are in favour of the resolution to raise their hands and then ask the elected members who are against the resolution to raise their hands. After recording the names of theTAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 101 elected members who are in favour and against the resolution, the Chairperson shall announce the result. When there is equality of votes, the Chairperson or the Presiding member may exercise a casting vote.

(3) The procedure for recording of votes on no confidence motion against Chairperson or Deputy Chairperson as referred to in section 51 of the Act, shall be by secret ballot in accordance with the procedure to be followed for the conduct of election to Chairperson and Deputy Chairperson.

162. Recording of the minutes of the meeting.— (1) The minutes of the proceedings of the council shall be recorded in the minutes book together with summary description of names of members of the council with their dissent and objections immediately after a meeting is over and shall be signed by the Chairperson or the presiding member of the meeting.

(2) The minutes book shall be in the custody of the Commissioner.

(3) The council may take a general decision as to whether the proceedings of the meeting shall be recorded verbatim in full or briefly in a summary way.

(4) The Commissioner shall send a copy of the minutes of the meeting within three days from the date of the meeting to the Collector, Regional Director in case of Municipal Council, Assistant Director in case of Town Panchayats and Director and authenticated copy of the minutes shall also be published in Municipality website.

163. Minutes Book.— The Minutes Book of the Municipality is a document to be placed in the municipal office in the custody of the Commissioner, which shall be made available for inspection by any registered elector of the municipality during office hours. An extract of the proceedings of the council can be granted to anybody who requires it on payment of fee fixed by the council. The minutes book of the municipality should not be sent out of the office of the municipality except when summoned by the Regional Director or the Collector or the Director or the Government or by a Court of Law.

164. Cancellation or modification of a resolution already passed by the council.— (1) Any resolution passed by the council which requires cancellation or modification may be placed before the council in an ordinary meeting within three months from the date of passing such resolution. No resolution shall be modified or cancelled beyond the period of three months from the date of passing such resolution without getting prior permission from the Director.

(2) The council after taking into consideration all the relevant factors prevailing on the date of the meeting may either cancel or modify the resolution accordingly.

(3) The Commissioner shall send a report to the Director along with a copy of the resolution subsequently passed within fifteen days from the date of passing of such resolution.

165. Inclusion of subjects in the agenda by the members for discussion in the meeting.— (1) Any member of the council who intends to bring any matter relating to the affairs of the municipality and not included in the agenda for discussion in the meeting, shall give a written request containing the subject matter with all details to the Chairperson at least three days before the date of the meeting. In case of urgent public importance, such written request may be given by the members of the Council one hour before the hour fixed for the meeting.

(2) Where the Chairperson is of opinion that any subject matter given by a member requires consideration of the council, he may allow the matter to be discussed in the same meeting or to include it in the agenda for the next meeting or he may disallow the inclusion of the matter for reasons to be recorded in writing and inform the member orally in the meeting.

(3) No subject shall however be admissible, which does not comply with the following conditions, namely:--

(a) it shall be clearly and precisely expressed and shall raise a definite issue;

(b) it shall not contain arguments, inferences, ironical expression or defamatory statements, nor shall it refer to the conduct or character of persons except in their official or public capacity.

(4) The Chairperson shall decide on the admissibility of a subject and shall disallow any subject which, in his opinion, contravenes the provisions of the Act or these rules and his decision shall be final:

(5) A subject which has been admitted by the Chairperson shall be entered in the list of business in the notice to be given under sub-rule (2) of rule 156.

(6) When any subject involving several points to be discussed, it shall be in the discretion of the Chairperson to divide the subject and put each or any point separately to the vote, as he may think fit.

166. Interpellation of Chairperson by Members of Councils.— (1) No question shall be asked or answered at a meeting of the council as to any matters not connected with the municipal administration, and no question shall be asked except as to matters of facts and the answer shall be confined to statements of facts only.

(2) A councillor, who wishes to ask a question shall give at least seven clear days notice in writing to the chairperson submitting in full the question which he wishes to ask:

Provided that the Chairperson may, if he thinks fit, allow a question to be asked with shorter notice than seven days.

(3) The question must satisfy the following conditions, namely:--

(a) it shall be precise and shall not refer names, statements, details etc., not relevant to the question;

(b) it shall not contain arguments, inferences, ironical expressions or defamatory statements;

(c) it shall not ask for an expression of opinion or the solution of an abstract legal question or of a hypothetical proposition;

(d) it shall not refer about the character or conduct of any person except in his official or public capacity;

(4) The Chairperson shall decide on the admissibility of a question before the date fixed for the next meeting and he may disallow any question when in his opinion, it contravenes the rules, and in such case the question shall not be entered in the proceedings of the council.

(5) Questions allowed by the Chairperson shall be entered in the agenda for the day and the Chairperson shall answer every question so entered, if not withdrawn by the concerned member, in the order in which it stands in the agenda, before any other business is transacted in the meeting:

Provided that the Chairperson may, at his discretion, on the ground of public interest, answer a question on the agenda, even though the question may have been withdrawn.

(6) Any councillor may put a supplementary question for the purpose of further elucidating any matter of fact regarding which an answer has been given:

Provided that the chairperson shall disallow any supplementary question, if in his opinion, it infringes the rules.

Provided further that he may decline to answer a supplementary question if in his opinion, it may be put only in the form of a fresh question at a subsequent meeting of the council.

(7) No discussion shall be permitted in respect of any question or of any answer given to a question asked under these rules.

(8) The question asked and the answer given to it shall be entered in the proceedings of the council.

167. Adjournment of meeting.— The Chairperson either suo-motu or on the representation made by one third of the total members of the council present in the meeting may adjourn the meeting to any future date. The reason for adjournment of that meeting shall be recorded in the minutes book.

168. Passing of budget by the council.— (1) When a budget estimate is placed before the council, the Chairperson shall arrange to read abstract of each item of receipts and expenditure as per the details given in the budget estimate and after discussion on each item or in general, approve the budget estimate item by item.

(2) If a member proposes to reduce or increase the amount provided for any item in the budget estimate, he shall give an amendment in writing at least twenty four hours in advance to the Chairperson before the budget is taken up for discussion. Such amendments shall be consolidated and copies of the same be given to the members in advance, if time permits or shall be placed on the Table of the council before the discussion is taken up.

(3) The Chairperson shall decide the question, as to whether the income or expenditure side of the budget estimate shall be taken up first.

(4) No amendment for making a budget estimate provision against the provisions of the Act and the rules shall be moved by any member.

(5) The budget estimate placed before the council shall be passed in the meeting in which it is introduced and shall not be postponed to subsequent meetings.

169. Reports and returns to be placed.— (1) In the ordinary meetings held in the months of April, July, October and January, in a year, the Commissioner shall cause to be placed before the council, a statement showing the details of receipt of grants, loans, execution of works, etc. The Chairperson shall permit the members of the council to discuss on such statement in the next ordinary meeting.

(2) The administration report for a financial year shall be prepared by the Commissioner in the format prescribed by the Director. It shall be placed before the council not later than July of every year. Copies of such report shall be sent to all members of the council at least seven days before the date of the meeting.

(3) The Commissioner shall also send a copy of the administration report placed before the council to the Director and the Regional Director.

170. Furnishing of copies on payment of fees.— The Commissioner may grant copies of any proceeding and records of the council on payment of such fees as fixed by the council, by general or special order. Copies shall be certified by the commissioner as provided in section 76 of the Indian Evidence Act, 1872 (Central Act I of 1872) and copies so certified may be used to prove the records of the council.

PART II.

THE STANDING COMMITTEES.

171. Composition of Standing Committees and connected matters.— (1) The council may fix the number of Councillors to each of the Standing Committee constituted by the Government with a minimum of six Councillors and with a maximum of fifteen Councillors, considering the nature of work to be entrusted to a Standing Committee and the total number of the members of the council.

(2) In every Standing Committee, not less than fifty percent of the members of the Standing Committee shall be reserved for Women Councillors.

(3) There shall be a Chairperson to each Standing committee who shall be elected by and from among the members of a Standing committee.

(4) The term of office of the members and Chairperson of a Standing committee shall be five years:

Provided that they shall hold office of the standing committee until they cease to be the elected members of the council.

(5) The election to the members and chairperson of a standing committee shall be conducted in accordance with the rules 107 to 128 in Part VIII of Chapter III of these Rules.

172. Procedure for convening meetings of the standing committee and wards committee.— (1) Each standing committee or wards committee (hereinafter called the committee) shall meet at least once in a month on such date and time as the committee may, from time to time, determine:

Provided that the committee shall meet as and when required.

(2) The meeting of the committee shall be presided over by the Chairperson of the committee and in his absence by a member chosen by the members present at the meeting from among themselves.

(3) The Chairperson of the committee may, at any time convene a special meeting either suo-motu or on a requisition from the Commissioner or any officer authorised by the Commissioner or the officer incharge of the zone or upon a written requisition signed by not less than one half of the total members of the committee stating the business to be transacted and after giving notice of not less than twenty four hours.

(4) The agenda for the meeting of the committee shall be prepared by the Commissioner or any officer authorised by him in this behalf or the officer incharge of the zone, as the case may be, in consultation with the Chairperson of the committee. The Chairperson may record his views in the form of a note on any subject included in the agenda and copies of such note shall be sent to the members of the committee or placed before the committee. All the subjects proposed by the Commissioner shall be included in the Agenda and the subjects included in the Agenda shall be discussed in the meeting without leaving any subject.

(5) No business shall be transacted at any meeting of the committee unless there is a quorum of one-third of the total number of the members of the committee.

(6) All questions placed before a committee at any meeting shall be decided by the majority of the members present and who have right to vote at the meeting and in case of equality of votes, the Chairperson of the committee or the presiding member may exercise a casting vote.

(7) The minutes of the proceedings of the committee shall be recorded in the minutes book during the meeting itself and shall be signed by the Chairperson of the committee or presiding member and other members present at the meeting and shall be submitted to the council. The minutes book shall be in the custody of the Commissioner of the municipality or the officer incharge of the zone, as the case may be.

(8) In the case of conflicting decisions passed by two or more standing committees and if such conflicting decisions have not been settled, the Commissioner shall submit a report to the Chairperson who shall place it before the meeting of the council and pending the resolution of the council, the Commissioner shall withhold all actions in regard to the matter at issue.

PART III.

WARD SABHA.

173. Composition of ward sabha.— (1) The ward sabha shall consist of as many members as the number of areas in the respective ward, as prescribed in rule 178.

(2) The council shall nominate to the ward sabha one member from each area.

(3) The councillor representing the ward shall be the chairperson of the ward sabha.

174. Qualifications and disqualifications of a member of ward sabha.— The qualifications and disqualifications prescribed for being elected and for being a councillor or member of a council under the Act shall apply mutatis mutandis for being elected and for being a member of a ward sabha.

175. Nomination of member of ward sabha.— (1) The council shall nominate one eligible person from among the persons registered in the electoral rolls pertaining to each area of the ward as a member of the ward sabha.

(2) Based on the nomination of the council, the Executive Authority shall obtain the willingness of the nominees in Form 1.

(3) The Executive Authority shall then verify the particulars furnished by the nominees.

(4) The list of all the eligible nominees shall be placed before the council in its next meeting for confirmation.

(5) On confirmation of the nomination by the council, the Executive Authority shall issue the declaration of nomination to the nominees concerned in Form 2.

(6) If an ineligible person is nominated by the council as a member of a ward committee, the Executive Authority shall place the fact before the council for making fresh nomination. In case of such fresh nomination, the Executive Authority shall verify the qualification of the nominees and place the list of eligible nominees before the council at its next meeting for confirmation.

176. Meetings of ward sabha.— (1) The chairperson of the ward sabha shall convene the meetings of the ward sabha.

(2) The meetings shall be convened once in three months.

(3) Every meeting of the ward sabha shall be presided over by the chairperson of the ward sabha.

(4) The quorum for the meeting shall be as follows:—

Chairperson and 2 members

Municipal Corporations and Municipal Council:

Town Panchayats: Chairperson and 1 member

(5) If the chairperson of the ward sabha fails to convene the meeting, the Executive Authority shall convene the meeting of the ward sabha.

177. Rights and duties of ward sabha.— (1) The ward sabha shall make suggestions and submit projects for the ward or part thereof, to the council.

(2) The ward sabha can make representation about grievances and make suggestions on civic amenities, to the council.

(3) The ward sabha shall perform such other functions as may be assigned to it by the Executive Authority of the Municipality concerned.

PART IV.

AREA SABHA.

178. Area sabha.— Each ward in a municipal area shall be divided into the number of areas as specified in the Table below:—

THE TABLE.

Provided that the Government shall have the power to alter the number of areas in respect of any category of or individual municipal area.

179. Delimitation of areas.— (1) In respect of Chennai City Municipal Corporation, the Commissioner, Chennai City Municipal Corporation shall delimit each ward into areas and notify the boundaries of the areas in each ward in the District Gazette of Chennai, through the District Collector. In respect of other municipal corporations, municipal councils and town panchayats, the respective District Collectors in consultation with the Executive Authority of the respective municipal corporations, municipal councils and town panchayats shall delimit each ward into areas and notify the boundaries of the areas in each ward, in the District Gazette of the District concerned.

(2) The areas so delimited shall be numbered, suitably.

(3) The areas once notified shall remain in force until the boundaries of the ward are altered.

(4) Fresh delimitation of the areas may be done whenever there is a change in the boundaries of the ward.

180. Meetings of area sabha.— (1) The chairperson of the area sabha shall convene the meetings of the area sabha.

(2) The meetings shall be convened once in three months.

(3) The quorum for the meeting shall be as specified in the Table below:—

THE TABLE.

(4) The meeting of the area sabha shall be presided over by the chairperson of the area sabha.

(5) If the chairperson of the ward sabha fails to convene the meeting, the Executive Authority shall convene the meeting of the ward sabha.

181. Functions, duties and powers of area sabha.— (1) The area sabha shall make suggestions and submit projects for the area or part thereof, to the council.

(2) The area sabha can make representation about grievances and suggestions on civic amenities, to the council.

(3) The area sabha shall perform such other functions as may be assigned to it by the Executive Authority of the Municipality concerned.

182. Fees for attending meeting.— No fees shall be paid for attending the meeting of ward sabha or area sabha.

PART V.

CHAIRPERSON, DEPUTY CHAIRPERSON AND COUNCILLORS.

183. Furnishing of assets and liabilities.— (1) Every Chairperson, Deputy Chairperson and Councillor shall, within ninety days from the date of assumption of charge of office as Chairperson, Deputy Chairperson and Councillor, respectively, furnish to the Commissioner in Form 3 about the assets and liabilities in his name, his spouse and his dependent children.

(2) The Commissioner shall keep the records of assets and liabilities of the Chairperson, Deputy Chairperson and Councillor in safe custody.

184. Travelling allowance and daily allowance to Chairperson, Deputy Chairperson and councillors of council.— (1) The payment of travelling allowance and daily allowance to Chairperson, Deputy Chairperson and Councillors of the Council for official purpose shall be governed by the provisions of the Tamil Nadu Travelling Allowance Rules, subject to the following modifications and limitations:-

(a) Any claim for travelling allowance and daily allowance shall be supported by the prior sanction of the council;

(b) Any claim for travelling allowance and daily allowance outside the State and India shall have the prior sanction of the Government;

(c) The Chairperson, Deputy Chairperson and councillors of the council shall for the purposes of payment of travelling allowance and daily allowance may be classified as below:--

(i) Category - I

Mayor and Deputy Mayor of Municipal Corporations (within the State by Railway AC First Class, Outside State by Air)

(ii) Category - II

Chairperson and Deputy Chairperson of Municipal Councils and Town Panchayats (within the State by Railway AC Second Class, Outside State by Air)

(iii) Category - III

Councillors (First Class by Rail).

(2) Daily allowance and other allowance shall be paid to the Chairperson and Deputy Chairperson at the rates as applicable to Group A officers and to the councillors at the rates applicable to Group B officers of the Government.

185. Payment of honorarium to members of council.— Every councillor including the Chairperson and Deputy Chairperson of the council shall be paid honorarium, fees or allowance from out of municipal funds at the rates as determined by the Government, from time to time.

PART VI.

NAMING AND NUMBERING OF BUILDINGS AND STREETS.

186. Naming of public streets and municipal buildings.— (1) (a) The council may, with the approval of the Government, pass a resolution for giving names to newly created public streets, roads, parks, playgrounds, bus stands, arch bridges and other municipal properties.

(b) The council may, with the approval of the Government, pass a resolution for giving name or re-name or change the name of the existing public streets, roads, bridges, parks, playgrounds, bus stands, arch and other municipal properties.

(2) The name assigned to public streets, roads, parks, play grounds, bus stands, arch or other municipal properties shall be painted in Tamil and English and the same shall be displayed conspicuously on such roads, parks, play grounds, bus stands, arch or other municipal properties.

(3) No person shall, without lawful authority, destroy, pull down, or deface any such name or put up any name different from that put up by order of the Commissioner.

(4) Any layout approved or regularized by the council with any name for such layout as per the registered document, that name shall continue.

187. Numbering of buildings in a municipality.— (1) The Commissioner shall cause to assign numbers to all the buildings including the buildings which are tax exempted, situated within the municipal area. Such number shall be displayed at the outer door of the building or any conspicuous place at the entrance of such building.

(2) The numbering of a building in a lane or street or road shall commence from the left side of such lane or street or road from the starting point of a main road or a main street.

(3) The numbers assigned to the building may be revised once in ten years before the date of the commencement of the census operation. The numbers shall be assigned to the buildings in the following manner:-

(a) Odd number shall be assigned to the buildings situated on the left side of the lane or street or road and even number shall be assigned to the buildings situated on the right side of the lane or street or road in sequence as 1, 3, 5, 7, 9 and 2,4,6,8, respectively. For the purpose of easy reference, both the new number assigned and the old number shall be displayed in the front portion of the building as New number/Old number:

Provided that if the buildings are abutting only on one side of the street, continuous numbering may be followed instead of following odd and even numbers:

Provided further that after one year of assigning new number, the old number may be deleted from the assessment book.

(b) Where any new building is constructed after the assignment of numbers to all the buildings under this rule, such new building shall be assigned the sub-number in alphabets as A, B, C, D together with the numbers assigned to the preceding building.

(c) While assigning number for any multi-storeyed building in a lane or road or street one number shall be assigned to such multi-storeyed building. The owner of such building may exhibit the number assigned for that building along with sub- numbers like 18/1, 18/2, 18/3, etc., to any flat or portion of such multi-storeyed building. However, the owner of such building shall not assign any sub-number in English alphabets like 18-A, 18-B, etc.,

(d) For multiple blocks within single premise, the door number shall be assigned as follows:

18-A/1, 18-A/2 etc., 18-B/1, 18-B/2 etc., 18-C/1, 18-C/2 etc.,

(e) No number shall be assigned to any vacant land in a lane or street or road.

(f) The Director shall issue further instructions regarding the procedure to be followed for assigning house numbers.

(4) No person shall, without authority, destroy, pull down or deface any such number.

(5) When a number has been affixed under sub-rule (1), the owner of the building shall be bound to maintain such number and to replace it, if removed or defaced; and if he fails to do so, the Commissioner may, by notice, require him to replace it.

(6) The Commissioner shall prepare and maintain an asset register containing the names of such public streets, roads, parks, bridges, playgrounds, arch, bus stand and other municipal properties. Such register shall be updated on the 31st March of every year.

FORM 1

[See rule 175 (2)]

VERIFICATION FORM FOR NOMINEE OF WARD SABHA MEMBER.

…………………………….Municipal Corporation/Municipal Council/Town Panchayat*.

Ward Sabha Member: Area:

1. Full name of the candidate:

2. Father's/Husband's/Mother's* name:

3. Date of Birth:

4. Age (in years)

5. Gender

6. Community (SC/ST/MBC/BC/OC)

7. Residential Address:

Mobile No:

Landline Phone No.

E-mail I.D.:

8. Part No. in the Electoral Roll of the ward concerned:

NOMINEE'S WILLINGNESS AND DECLARATION.

I ……………. is willing to be nominated as ward sabha member of ………… Area of Ward Number …………… of ……………. Municipal Corporation/Municipal Council/Town Panchayat*.

I hereby declare that, the information furnished above is true to the best of my knowledge and belief.

I am not disqualified to be an ward sabha member, as per the provisions of the relevant Acts and Rules.

Date: Signature of the nominee Place:

Verification by the Executive Authority of Municipal Corporation/Municipal Council/Town

Panchayat*.

The nomination of Thiru/Thirumathi/Selvi* ……………….. for Area Number ……….. of the Ward Sabha of Ward Number …… of ……………..Municipal Corporation/Municipal Council/Town Panchayat* was verified with reference to the nomination made by the council in its resolution number …………… dated ……………..He/She* is qualified/not qualified to be nominated as a ward sabha member.

Accordingly, his/her* nomination is hereby recommended/rejected*.

Reason(s) for Rejection (in case of rejection of nomination)

1.

2.

3.

Signature of the Executive Authority Date: Place:

of …………………..Municipal Corporation/

Municipal Council/Town Panchayat* [*strikeout whichever is not applicable.]110 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM 2

[See rule 175 (5)]

DECLARATION OF THE NOMINATION OF WARD SABHA MEMBER.

………………Municipal Corporation/Municipal Council/Town Panchayat*.

Sub: Nomination of the ward sabha member for Area Number………… of Ward Number …………………. of Municipal Corporation/Municipal Council/Town Panchayat* – Declared.

Ref: ………………. Municipal Corporation/Municipal Council/Town Panchayat* Council resolution number ………………… dated………………..

DECLARATION.

Under rule 175 (5) of the Tamil Nadu Urban Local Bodies Rules, 2023, it is hereby declared that Thiru/Thirumathi/Selvi* ………….. residing at ………………….. has been duly nominated as ward sabha member for area number …………. of ward number……………… of ………………..Municipal Corporation/Municipal Council/Town Panchayat*.

Date:

Place:

Signature of the Executive Authority of …………………..Municipal Corporation/ Municipal Council/Town Panchayat* [*strikeout whichever is not applicable.]TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 111

FORM 3

[See rule 183 (1)]

ASSETS AND LIABILITIES FURNISHED BY THE CHAIRPERSON/

DEPUTY CHAIRPERSON/COUNCILLOR

I …………………son/daughter/wife* of …………….... Aged …… years, resident of …………….......... .....................…….. (mention full postal address including pincode), elected as Chairperson/Deputy Chairperson/Councillor* (Ward No. _____ ) do hereby solemnly furnish assets and liabilities for myself, spouse and children:-

(1) Details of Permanent Account Number (PAN) and status of filing of Income Tax return: (2) That I give herein below the details of the assets (movable and immovable etc.) of myself, my spouse and all dependents:

A. Details of movable assets:

1. Assets in joint name indicating the extent of joint ownership will also have to be given.

2. In case of deposit/investment, the details including Serial Number, Amount, date of deposit, the scheme, Name of the Bank/Institution and Branch are to be given.

3. Value of Bonds/Shares Debentures as per current market value in Stock exchange in respect of listed companies and as per books in case of non-listed companies should be given.

4. Dependent here means a person, substantially dependent on the income of the Chairperson or Deputy Chairperson or Councillor as the case may be.

5. Details including amount is to be given separately in respect of each investment.

B. Details of Immovable Assets:

1. Properties in joint ownership indicating the extent of joint ownership will also have to be indicated 2. Each land or building or apartment should be mentioned separately in this format

C. Details of liabilities/dues to public financial institutions, Central Government, State Government and Municipality:-

D. Details of Profession or Occupation:

(a) Self …………………………………………………………..

(b) Spouse ……………………………………………………..

(c) Children…………………………………………………….

Signature of the Chairperson/

Deputy Chairperson/Councillor* [*strikeout whichever is not applicable]116 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

CHAPTER V.

URBAN LOCAL BODIES EMPLOYEES' SERVICE CONDITIONS.

PART I.

GENERAL RULES.

188. Applicability of General Rules.— (1) The rules in this Part shall apply to all the posts governed by the Special Rules in Parts II, III, IV and V of this Chapter and to the holders of every post in a municipality, whether temporary or permanent.

(2) If any provision in this Part is repugnant to a provision in the Special Rules in Parts II, III, IV and V of this Chapter, the latter shall prevail over the provision in the General Rules in this Part.

189. Definitions.— In this Chapter, unless the context otherwise requires,—

(1) "appointed by transfer" means appointment of a member of a service from one post to another post in the same service carrying identical level of pay or from one service to another service in the municipality in accordance with the provisions contained in the Special Rules in Parts II, III, IV and V; (2) "appointed to a service" means when a person appointed in accordance with these rules or in accordance with the rules applicable at that time, as the case may be, discharges, for the first time the duties of a post borne on the cadre of such service or commences the probation, instruction or training prescribed for members thereof.

Explanation.— The appointment of a person holding a post borne on the cadre of one service to hold additional charge of a higher post in the same service or a post borne on the cadre of another service or to discharge the current duties thereof does not amount to appointment to the latter service;

(3) "appointment committee" means the Committee constituted by the Council under the Act; (4) "approved candidate" means a candidate whose name appears in an authoritative list of candidates approved for appointment to any post of the service;

(5) "approved probationer" in a service, means a member of that service who has satisfactorily completed his probation and awaits appointment as a full member of such service;

(6) "Common Service committee" means a centralized committee constituted for preparing panels for promotion to the posts in the Tamil Nadu Municipal Service;

(7) "discharge of a probationer" means, in case the probationer is a full member or an approved probationer of another service, reverting him to such service and in any other case, dispensing with his services;

(8) "full member" of a service means a member of that service who has been appointed substantively to a permanent post borne on the cadre thereof;

(9) "General Rules" means the rules in Part I of this Chapter;

(10) "member of the service" means a person who has been appointed to the service and who has not retired or resigned or removed or dismissed or substantively transferred or reverted to another service or been discharged otherwise than for want of vacancy. He may be a probationer, an approved probationer or a full member of that service;

(11) "on duty" means a person as a member of a service,—

(a) when he is performing the duties of a post borne on the cadre of such service or is undergoing the probation, instruction or training prescribed for such service; or

(b) when he is on joining time; orTAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 117 (c) when he is absent from duty during vacation or on authorised holidays or on casual leave taken in accordance with the instructions regulating such leave issued by the Government having been on duty immediately before and immediately after such absence; or

(d) when he has compulsorily to wait for orders of posting on return from leave.

(12) "probationer in the service" means a member of the service who has been placed on probation as prescribed in the special rules applicable to him and not completed his probation;

(13) "promotion" means the appointment of a member of any post of service to a higher post of such service;

(14) "recruited by transfer to the service" means,-

(a) if, at the time of his first appointment to a service, he is either a full member or an approved probationer in any other service, the rules for which prescribe a period of probation for member thereof; or (b) in case, at the time of his first appointment thereto, he is the holder of a post which has been included in another service but for which no probation has been prescribed, if he has put in that post satisfactory service for a total period of two years on duty within a continuous period of three years;

(15) "recruited direct to a service" means when a candidate, at the time of his first appointment thereto, he is not a member of the service of the Municipality to which the direct recruitment is made;

(16) "reversion" means the reversion of a member of a service to lower post of the service for want of vacancy;

(17) "service" means any one of the Municipality services in Part II, III, IV or V of this Chapter;

190. Classification of posts and method of recruitment in Municipalities.— (1) All the posts in the municipalities shall be classified into various divisions and posts, as specified in Parts II, III, IV and V of this Chapter.

(2) Any appointment to the posts by direct recruitment or by promotion or by recruitment by transfer or by deputation or by transfer, as the case may be, shall be made by the competent authority in accordance with the provisions in Parts II, III, IV and V of this Chapter.

191. Selection of candidates for regular vacancies by Municipalities.— (1) For filling up of vacancies or appointment to the posts, for which the Commissioner of Municipality is the appointing authority, by direct recruitment, the Commissioner shall call for a list of names of the candidates from the Employment Exchange, besides inviting application by giving advertisements in two prominent dailies (one in vernacular language concerned). The list obtained from the employment exchange and the list of candidates applied in response to the advertisement shall be scrutinized and placed before the Appointment Committee (hereinafter referred to as "Committee"), in the order of merit by following the selection procedure prescribed by the Government from time to time.

(2) The Committee shall consist of the Chairperson of the Municipal Council, Commissioner of the Municipality and one Councillor elected by the Council in respect of town panchayats, municipal councils and all municipal corporations except Chennai City Municipal Corporation; and two Councillors in respect of Chennai City Municipal Corporation.

(3) No decision of the said Committee, shall be valid unless the Chairman (Mayor in case of municipal corporations and Chairman in the case of municipal councils and town panchayats) and at least two members of the Committee in the case of Chennai City Municipal Corporation and one member for all other municipal corporations, municipal councils and town panchayats, of whom, the Commissioner shall be the one agreed by majority.

(4) The Committee shall not consider any name other than those placed before it under sub-rule (1).

(5) While selecting names from the lists, the Committee shall follow the rule of reservation provided in section 27 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 (Tamil Nadu Act 14 of 2016).

(6) The Committee shall finalize the list of names for filling up of the post immediately on the same day, after the meeting for selection of candidates is over.

(7) No such list shall be prepared by the Committee under sub-rule (6) in regard to the appointment with respect to,—

(a) any temporary post existing for a period not exceeding one year; or

(b) such posts as may from time to time be specified by the Government in consultation with the Committee; or

(c) a post when at the time of such appointment, the person to be appointed thereto is in the service of the Central Government or State Government; or

(d) a permanent or temporary post, if the person to be appointed is not likely to hold that post for more than one year; or if such person is likely to hold the post for more than one year but not more than three years and if the Committee advises that the appointment need not be made from the list prepared by the Committee.

(8) Every candidate selected for appointment to any post by the Committee, shall possess the qualifications prescribed for the respective post and shall be physically and mentally found suitable on being sent for medical examination.

(9) Selection of candidates for regular vacancies by the Director.— For filling up of vacancies or appointment to the posts, for which the Director is the appointing authority, by direct recruitment, the Director shall call for a list of names of the candidates from the Employment Exchange, besides inviting application by giving advertisements in two prominent dailies (one in vernacular language concerned). The list obtained from the employment exchange and the list of candidates applied in response to the advertisement shall be scrutinized and selection of suitable candidates, in the order of merit, by following the prescribed selection procedure shall be done by the Director.

(10) The Government may, from time to time, issue any order or clarification or guidelines for selection of candidates by the Committee or the Director. In such cases, the Committee or Director shall follow such orders, clarifications and guidelines issued by the Government.

192. Filling of vacancies by promotion or by recruitment by transfer or by transfer or by deputation.— (1) Any vacancy in any service which should be filled up by promotion or by recruitment by transfer or by transfer or by deputation, shall not be filled up by the Committee.

(2) The absence of a member of the service from duty whether on leave or on foreign service or on deputation or for any other reason and whether his lien in a post borne in the cadre of such service is suspended or not, shall not, if he is otherwise fit, render him ineligible in his turn,-

(a) for re-appointment to a vacancy in the post in which he may be a probationer;

(b) for promotion from a lower to a higher post in the service, as the case may be, in the same manner as if he had not been absent. He shall be entitled for privileges in respect of appointment, seniority and probation which he would have enjoyed but for his absence, subject to satisfactory completion of the period of probation on his return.

(3) Transfer of employees to other equivalent posts.— (1) The competent authority shall transfer any employee in any equivalent post of same service in municipal corporations, municipal councils and town panchayats or other offices under the control of concerned Heads of Departments and vice versa in accordance with the Special Rules in Parts II, III, IV and V of this Chapter.

(4) The competent authority shall allow such employees temporarily for the period required to work in such posts under the Special Rules in Parts II, III, IV and V of this Chapter.

193. Preparation of panel.— (1) The competent authority shall prepare every year a panel in respect of each post, for which appointment is to be made by promotion or by recruitment by transfer or by deputation. Such panel shall be valid only for a period of one year from the date of approval. The panel for each post shall be prepared for every year by considering 15th of March as crucial date with the personnels in the feeder posts, who are qualified on the panel year in which the panel is prepared. The panel of names shall also be communicated to all persons whose names are found in such panel as well as to persons senior to the junior most person included in the list, whose names have not been included in the panel. The candidates in such panel shall be arranged in their order of seniority and appointments shall be made in such order.

(2) To arrive at the number of persons to be included in the panel, the appointing authority shall assess the number of vacancies that would occur by superannuation of existing incumbents and creation of new or additional posts within a period of one year and add to it a reserve of ten per cent of the total estimated vacancies under each category of the Service.

(3) The panel prepared under sub-rule (1) shall be in accordance with seniority in the feeder categories unless,-

(i) the member is under suspension on the crucial date for the preparation of panel or on the date of consideration of the panel;

(ii) the member is having undergoing punishment on the qualifying date for the preparation of panel;

(iii) the member does not possess the qualifications prescribed in the Special Rules for the post;

(iv) charge has been framed against the member under rule 17 (b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules and the disciplinary action is pending;

(v) charge sheet has been filed against the member in criminal case of official capacity;

(vi) wherever the disciplinary proceedings under rule 17 (b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules against municipal employees are merely stayed by a Court, their cases shall be deferred till the proceedings are concluded, unless a contrary order is passed by the Court and if it is decided not to challenge the same. If on the other hand, the Court quashes the charge memo, then the name of the Municipal employee concerned shall be considered for inclusion in the panel for appointment to the higher post by promotion / recruitment by transfer, if he is otherwise qualified. If specific charges are framed or charge sheet is filed in the criminal case before the date of actual promotion, the person concerned shall not be promoted notwithstanding the fact that his name has been included in the panel.

(vii) A member of a service who is on leave for a period of three years continuously for any reason except higher studies or for a period of four years continuously for higher studies shall not be considered for appointment to a higher post either by promotion or by recruitment by transfer unless he has served for a period of not less than one year after his return from such leave.

(viii) Any member of the service whose name has been overlooked for inclusion in a panel shall have the right to make a representation to the next higher authority within two months from the date of approval of such panel for redressal of his grievance. Such higher authority shall examine every such representation on merits and pass suitable orders.

(4) Common Service Committee.— (a) A Common Service Committee (hereinafter referred to as the CSC) shall be constituted under the Chairmanship of Additional Director of Municipal Administration and such Committee shall consist of the Assistant Commissioner (General Administration and Personnel) of Chennai City Municipal Corporation and the Joint Director of Town Panchayats.

(b) The CSC shall prepare panel for promotion to the following posts in the Tamil Nadu Municipal Service and send the same to the Government for approval through the Director of Municipal Administration:-

1. GENERAL WING

2. ENGINEERING WING

3. MEDICAL, SANITATION AND PUBLIC HEALTH WING

(c) The CSC shall prepare panel for promotion to the following posts in the Tamil Nadu Municipal Service and send the same to the Director of Municipal Administration for approval:-

1. GENERAL WING

2. ENGINEERING WING

3. TOWN PLANNING WING

4. MEDICAL, SANITATION AND PUBLIC HEALTH WING

5. INFORMATION TECHNOLOGY WING

(5) Competent authority to prepare panel.— (a) The competent authority for preparation of panel in respect of all the posts in the Tamil Nadu Municipal Corporation Service specified in rule 210, shall be the Commissioner of the Municipal Corporation concerned.

(b) (i) The competent authority for preparation of panel for the following posts in the Tamil Nadu Municipal Council Service shall be the Director of Municipal Administration:-

1. MUNICIPAL COUNCIL GENERAL WING

2. MUNICIPAL COUNCIL ENGINEERING WING

3. MUNICIPAL COUNCIL TOWN PLANNING WING

4. MUNICIPAL COUNCIL MEDICAL, SANITATION AND PUBLIC HEALTH WING

5. MUNICIPAL COUNCIL INFORMATION TECHNOLOGY WING

(ii) The competent authority for preparation of panel for the following posts in the Tamil Nadu Municipal Council Service shall be the Commissioner of Municipal Council concerned:—

1. MUNICIPAL COUNCIL GENERAL WING

2. MUNICIPAL COUNCIL MEDICAL, SANITATION AND PUBLIC HEALTH WING

(c) (i) The competent authority for preparation of panel for the following posts in the Tamil Nadu Town Panchayat Service shall be the Director of Town Panchayats:—

1. TOWN PANCHAYAT ENGINEERING WING

(ii) The competent authority for preparation of panel for the following posts in the Tamil Nadu Town Panchayat Service shall be the Executive Officer of the Town Panchayat concerned:—

1. TOWN PANCHAYAT GENERAL WING

2. TOWN PANCHAYAT SANITATION AND PUBLIC HEALTH WING

194. Probation.— (1) Every person shall, on his first appointment to any post of the service, be on probation for a total period of two years on duty within a continuous period of three years.

(2) Every person appointed by recruitment by transfer shall, from the date on which he joins duty, be on probation for a total period of one year on duty within a continuous period of two years.

(3) If the appointing authority is of the opinion that the probationer should continue to be on probation or if the probationer has not passed the prescribed test or not completed the training which the probationer should have passed/completed within the period of probation, he may be given time to enable him to pass the test or complete the training. In such cases, the appointing authority by using his discretion empowered, extend the period of probation with a view to enable the incumbent to acquire the said qualification within the extended period of probation. In such case, the maximum period up to which a probation of a municipal employee shall be extended so as to enable him to acquire the qualification be fixed as five years. If he does not acquire the qualification even within the maximum period of five years, he shall be reverted or his probation shall be terminated after giving a reasonable opportunity to the probationer for showing cause against the proposed termination:

Provided that, any employee of a municipality appointed by direct recruitment who fails either to pass prescribed Departmental Test or complete compulsory induction training conducted by the Tamil Nadu Institute of Urban Studies, within the period of three years, shall not be eligible for promotion. If completion of training is delayed, due to administrative reasons, the person may be considered as if he has completed his probation on the actual date of completion of probation:

Provided further that if he fails to pass the test at the end of the training he shall be reverted back to the feeder category.

(4) On completion of the period of probation or the extended period of probation as the case may be, if the appointing authority is satisfied that the probationer is not suitable for the post, or if the probationer has not passed the test or not completed the training prescribed within the period of probation including the extended period of probation, the appointing authority shall pass an order discharge him from service after giving a reasonable opportunity to the probationer for showing cause against the action proposed to be taken in regard to him:

Provided that, where a probationer has been given a reasonable opportunity for showing cause against the imposition on him of any of the penalties specified in clauses (iv), (vi), (vii) and (viii) of rule 8 of the Tamil Nadu Civil Service (Discipline and Appeal) Rules, 1955 and at the conclusion of the disciplinary proceedings, a tentative conclusion is arrived at to discharge him from the service, a further opportunity of showing cause specifically against such discharge need not be given to him.

(5) A probationer on his first appointment in any post of the service shall be deemed to have completed his probation, unless within a period of six months calculated from the date on which he had completed his period of probation or the extended period of probation, as the case may be,-

(i) the order for completion of probation has not been issued and served to the probationer.

(ii) a communication asking him to show cause why his probation should not be terminated is served on him; or124 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY (iii) disciplinary proceedings are initiated against him for corruption or other serious misconduct and he is specifically informed in writing that the question of declaration of completion of his probation will be taken up only after the finalization of the disciplinary proceedings:

Provided that in all cases of completion of probation under this rule, a formal order declaring the period of probation shall be issued by the competent authority.

(6) Nothing in this rule shall be construed as entitling a probationer deemed completion of probation if he has not passed the tests which under the special rules he should pass within the period of his probation.

(7) Any delay in the issue of an order under sub-rule (2) or (3) shall not entitle him to be deemed to have satisfactorily completed his probation.

(8) Any delay in passing orders of completion of probation shall not monetarily affect the probationer and monetary benefits shall be allowed from the date of completion of probation as a matter of course, subject to the following conditions, namely:-

(i) that the probation would be declared to have been satisfactorily completed from the date of order, even if the question of declaration of probation had been taken up earlier;

(ii) that the declaration of satisfactory completion of probation is delayed by factors which would not in any case, change the date of such completion;

(iii) that the person whose probation is declared to have been satisfactorily completed was qualified as on the date ordered; and

(iv) that declaration of satisfactory completion of probation is not the result of any relaxation of rules.

(9) The probationer shall be reverted or discharged for want of vacancy in the order of juniority.

(10) In cases where the probation of a probationer is extended, a condition shall, unless there are special reasons to the contrary, be attached to the order of extension of probation that the probationer's increment shall be stopped until he is declared to have satisfactorily completed his probation. Such stoppage of increment shall not be treated as a penalty, but only as a condition of extension of probation and shall not have the effect of postponing future increments after he has passed the prescribed tests or examinations or after he is declared to have satisfactorily completed his probation.

(11) The provisions contained in the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 (Tamil Nadu Act 14 of 2016), pertaining to commencement of probation and counting of different service for probation shall also apply to the holders of the posts under these rules.

195. Relinquishment of right by members and consequences of resignation.— (1) Any person may, in writing, relinquish any right or privilege to which he may be entitled under this Part or the Special Rules in Parts II, III, IV and V if in the opinion of the appointing authority, such relinquishment is not opposed to public interest and nothing contained in this Part or the Special Rules shall be deemed to require the recognition of any right or privilege to the extent to which it has been so relinquished. Relinquishment of a right or privilege for a temporary period shall be accepted if it is made for a period of not less than three years, subject to the condition that after the expiry of the said period, the claim for the right or privilege relinquished will be with reference to the state of affairs that exist on the date of expiry of the period of relinquishment and without restoration of original seniority. If relinquishment of right or privilege is made permanently and is accepted, subsequent claim of the relinquished rights or privileges shall not be entertained.

(2) A member of the service shall if he resigns his appointment, forfeit not only the service rendered by him in the particular post held by him at the time of resignation, but all his previous services. The resignation letter should contain an undertaking that the person concerned is aware of the consequences of the resignation. The resignation of a member of service shall not be accepted, if it has been withdrawn by him before orders accepting the resignation are issued. The appointing authority shall be the authority competent to accept the resignation. The resignation of a member of a service shall be accepted either prospectively or retrospectively as decided by the authority competent to accept the resignation.

196. Linguistic qualification, age limit, special qualification and reservation of appointment.— (1) No person shall be eligible for appointment to any service by direct recruitment unless he possess an adequate knowledge in Tamil.

Explanation.– For the purpose of this rule, a person shall be deemed to have an adequate knowledge in Tamil if,–

(i) in the case of the post for which the educational qualification prescribed is SSLC and above, he should have studied Tamil as one of the Language in SSLC or above;

(ii) in the case of the post for which the educational qualification prescribed is VIII standard and above, he should have studied Tamil as one of the Language upto VIII standard;

(iii) in the case of a post for which the candidate should have completed minimum V standard or no educational qualification is prescribed, the appointing authority shall satisfy himself that the candidate is able to read and write Tamil.

(2) No person shall be eligible for direct recruitment to any post in the service by direct recruitment if he has not completed 18 years or completed or will complete 32 years of age on the 1st day of July in the recruitment year.

(3) The guidelines, orders, instructions or clarifications issued by the Government, from time to time, in regard to the age limit and suitability for appointment in Government service shall be applicable for appointment under these rules.

(4) In the case of a person belonging to Scheduled Castes, Scheduled Tribes, Backward Classes, Backward Classes (Muslim), Most Backward Classes and De-notified Communities or Ex-servicemen or any other deserving category as notified by the Government, the age limit prescribed by the Government, from time to time, shall be followed.

(5) A candidate who has rendered Military service is eligible to deduct from his age, the period of his Military service for the purpose of computing his age for appointment.

(6) Age relaxation for the specific category of candidates for direct recruitment shall be in accordance with the numbers of years prescribed in the existing rules of the Government or orders of the Government or orders or guidelines issued by the Government from time to time.

(7) No person shall be eligible for appointment to any class or category unless he possesses,– (a) such qualifications and has passed such tests as may be prescribed, in that behalf in the Special Rules, or

(b) such other qualifications as may have been declared to be equivalent to the said qualifications or tests.

(8) No person shall be eligible for appointment to any service by direct recruitment, unless he satisfies the appointing authority that,–

(i) his character and antecedents are such as to qualify him for such service;

(ii) such person does not have more than one wife living or if such a person is a woman that she is not married to any person who has a wife living;

(iii) notwithstanding anything contained in the Special Rules, such a person also possesses the qualifications including experience prescribed for a post.

(9) No person shall be eligible for appointment to any service by direct recruitment unless he satisfies the appointing authority regarding his physical fitness for the post:

Provided that differently abled persons may be appointed if the defect is not such as it would render the candidates unfit for efficiently discharging the duties attached to the post and their fitness for service is126 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY assessed on the basis of the nature and degree of their disability and their functional capacity relating to the job which they seek.

(10) Where the Special Rules lay down that appointment shall be made by direct recruitment, the rule of reservation for appointment prescribed by the Government, from time to time, shall apply to all the posts included in Parts II, III, IV and V of this Chapter.

197. Appointment on compassionate grounds.— (1) Notwithstanding anything contained in the General rules or in the Special Rules, the dependent of the deceased municipal employees, who die in harness while in service or retired from service on medical invalidation before attaining the age of fifty three years, shall be eligible for appointment on compassionate grounds.

(2) The Tamil Nadu Civil Services (Appointment on Compassionate Grounds) Rules, 2023 shall be applicable for such appointment on compassionate grounds, in this Chapter.

(3) Before appointing a person under sub-rule (1), the applications received by the Commissioner for appointment on compassionate grounds shall be arranged in the order of date of receipt of the applications and shall be placed before a Committee consisting of,-

(i) the Commissioner of the municipal corporation;

the Assistant Commissioner (Personnel) of the municipal corporation; the Executive Engineer of the municipal corporation; and the City Health officer of the municipal corporation … in the case of Municipal Corporations.

(ii) the Commissioner of the municipal council; the Manager of the municipal council; the Engineer of the municipal council; and the Health officer / Sanitary Officer, of the municipal council

… in the case of Municipal Councils.

(iii) the Executive Officer of the Town Panchayat

and the Head Clerk / Junior Assistant of the Town Panchayat; and the Assistant Engineer/Junior Engineer of the concerned Town Panchayat … in the case of Town Panchayats.

(4) The Committee referred to in sub-rule (3) shall scrutinize the applications received for appointment on compassionate grounds and decide on the eligibility of the applicant as per the provisions in the Tamil Nadu Civil Services (Appointment on Compassionate Grounds) Rules, 2023.

198. Correction of date of birth.— (1) The date of birth of a member of the service shall be the date found on record in the S.S.L.C, in the case of persons passed Tenth Standard and above or military discharge certificate or true extract from the birth register which he produces at the time of his appointment to the service in the case of persons who have studied below Tenth Standard.

(2) After a person has entered into the service, if it is found that the date of birth entered in his service register is different from that entered in the S.S.L.C. or birth certificate or military discharge certificate, or in the birth register which may be due to some clerical error or otherwise wrong entries, application for correction of such clerical error or wrong entries shall be made to the appointing authority within five years from the date of entry into service. Such corrections in the service register shall be made straight away by the appointing authority. If the date of birth in the service register was entered on the basis of the record in the S.S.L.C, correction of clerical error or wrong entries shall be made only with reference to the record in the S.S.L.C. and if the date of birth in the service register was entered on the basis of the military discharge certificate, birth register or birth certificate, correction of clerical error or wrong entries shall be made only with reference to the military discharge certificate, birth register or birth certificate, respectively.

199. Application of Government rules to municipal employees.— (1) The provisions of the Tamil Nadu Civil Services (Discipline and Appeals) Rules, 1955, other than the rules, where the appointing authority, disciplinary authority and the appellate authority prescribed therein, shall mutatis mutandis apply to the holders of posts under this chapter.

(2) In matters of settlement of pension, regulation of pay and other allowances, leave benefits, claiming of travelling allowances and daily allowances and other allowances and conduct of the municipal employees, the Tamil Nadu Pension Rules 1978, the Fundamental Rules, the Tamil Nadu Leave Rules, 1933 and theTAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 127 Tamil Nadu Travelling Allowance Rules, 2005 and the Manual of Special Pay and Allowances and the Tamil Nadu Government Servants' Conduct Rules, 1973 shall, respectively, apply to the municipal employees of status and standing similar to Government servants.

(3) In case of matters for which no express provision has been made in these rules, every member of the service shall be governed by the provisions contained in the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 (Tamil Nadu Act 14 of 2016) applicable to the Government servants of similar status and standing.

(4) Pay and allowances of the municipal establishment shall be fixed by the Government from time to time.

200. General transfer.— The CSC shall suo-motu or on an application, consider the feasibility of transfer of a member of the Tamil Nadu Municipal Corporation Service, the Tamil Nadu Municipal Council Service and the Tamil Nadu Town Panchayat Service and the employees of other offices under the control of the concerned Head of the Departments and vice versa and shall recommend the same to the competent authority.

201. Mutual transfer— (1) Employees of Municipalities, who are approved probationers, shall be inter transferable to equal posts in any Municipal Corporations, Municipal Councils and Town Panchayats, subject to the following conditions, namely:–

(i) If the transfer from one Head of the Department to another, with the willingness of the member of service, both the employees who are willing to transfer mutually shall give their representation in writing to the CSC through the Head of the Department concerned. The CSC shall take a decision about this transfer and recommend the same to the competent authority.

(ii) Both the employees shall be mutually transferred and placed the juniormost in the posts in the Town Panchayat or Municipal Council or Municipal Corporation to which they are mutually transferred.

(2) Eventhough both of them are treated as the juniormost of those urban local bodies, their past services in such urban local bodies shall be taken for the purposes calculation of pay, increments, leave, pension and other benefits to which both of them are eligible.

(3) The mutual transfers under sub-rule (1) shall be made by the Government / Head of the Department concerned in accordance with the recommendation of the CSC.

(4) Any employee of municipalities, who is an approved probationer, shall also make an application to an equal post in any municipal corporation, municipal council or town panchayat, as the case may be, for transfer subject to the procedures laid down in sub-rules (1) to (3).

202. Savings— (1) Nothing contained in the General Rules and Special Rules in this Chapter shall adversely affect any person who is a member of any service in a municipal corporation, municipal council or town panchayat, on the date of coming into force of these rules.

(2) The preparation of seniority lists and inter-se-seniority lists of all the employees under Parts II, III, IV and V of this Chapter, in respect of all posts in this Chapter shall be completed and then regular promotions, appointments by recruitment by transfer etc., shall be given effect from the date of notification of these rules.

(3) All disciplinary proceedings, appeals, reviews, etc., relating to conditions of service pending before the competent authority concerned immediately before the date of the commencement of these rules, shall be heard and disposed of by such authority in accordance with the relevant rules, bye-laws, regulations, etc., as if these rules had not been made.

(4) In any case, if no suitable candidates are available for filling the vacancies by promotion or by recruitment by transfer or by transfer or by deputation, such vacant posts shall be filled by direct recruitment.

(5) When suitable candidate is not available for appointment for any turn of the required category either by promotion or by recruitment by transfer or by transfer or by deputation, such turn will lapse and the vacancy shall be filled in by an incumbent from the other category, except direct recruitment.

(6) The post which are in existence in municipal corporations, municipal councils and non-provincialised posts of the Tamil Nadu Town Panchayat service, which are not included in this Chapter shall be continued until the retirement of present incumbents and such post shall vanish after their retirement.

PART II.

SPECIAL RULES.

THE TAMIL NADU MUNICIPAL SERVICE.

(Common for All Municipal Corporations, All Municipal Councils and All Town Panchayats)

203. Classification of posts.– This Service shall consist of the following wings and shall be classified into various divisions and posts, namely:-

1. GENERAL WING

2. ENGINEERING WING

3. TOWN PLANNING WING

4. MEDICAL, SANITATION AND PUBLIC HEALTH WING

5. INFORMATION TECHNOLOGY WING

5.

Appointment to the posts specified in column (2) 204. Method of appointment and qualifications.– Appointment to the posts specified in column (2) 204. Method of appointment and qualifications. of the Tables below shall be made by the methods specified in the corresponding entries in column (3) the corresponding entries in column (3) of the Tables below shall be made by the methods specified in thereof, by persons possessing the qualifications specified in the corresponding entries in column (4) thereof, by persons possessing the qualifications specified in the corresponding entries in column (4) thereof, by persons possessing the qualifications specified in the corresponding entries in column (4) thereof:-

TABLE I

1. GENERAL WING

TABLE II

2. ENGINEERING WING

TABLE III.

3. TOWN PLANNING WING

TABLE IV.

4. MEDICAL, SANITATION AND PUBLIC HEALTH WING

TABLE V.

205. Appointing Authority, Disciplinary Authority and the Appellate/Reviewing Authority.— (1) In respect of the posts specified in column (1) of the Table below, the appointing authority, the disciplinary authority and the appellate/reviewing authority shall be as specified in the corresponding entries in column (2), column (3) and column (4), respectively, thereof :-

THE TABLE.