The Tamil Nadu Urban Local Bodies Act, 1998

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The Tamil Nadu Urban Local Bodies Act, 1998 Act 9 of 1999 Keyword(s): Appoint, Building, Building Line, Carriage, Casual Vacancy, Council, Councillor, Infectious Disease, Latrine, Municipality, Municipal Area, Municipal Office, Nuisance, Occupier, Open Space, Ordinary Vacancy, Owner, Park, Play-Field, Private Street, Public Street, Public Water-Course, Reconstruction, Rubbish, Salary, Sanitary-Worker, Scheduled Castes, Scheduled Tribe, Solid Waste, Street-Alignment, Tamil Nadu State Election Commissioner, Urban Local Body, Ward, Ward Office, Ward Officer, Wards Committee, Water-Course Amendments appended: 54 of 1999, 26 of 2000, 10 of 2001, 35 of 2022, 19 of 2023 24 of 2024, 25 of 2024 . - - - - - - - - - - w - - _ . _ ^ _ - - - - -..- - ---------._I - -- ---I_- -- TAM& NAD U C;OVERNMENT GAZETTE EXTRAORDINARY &--- --..~ a t +- - 16 I!', u'4ib:lidn of 'PI& blic mretings on the day p:eccding the election day and on the day. . 17 L)ljturbnnezs ,at election meetings. 18 Restrictions on printing of pamphlets or posters. 19 Oacers. etc., at elections not to act for candidates or to influence voting. ,TX.$ ,. . 20 Piohibition of canvassing in or near p~lling stations. , 2L Pznalty for disorderly conduct in or near polling stations. e 22 Panalty for misconduct at polling stations. 23 Penalty for hiring or procuring of velticles for conveyance of voterat elections. 21 Bre%ch of official duty in connection with election. 25 Removal of ballot papars from polring stbtions to be an offence. 26 ' Other offences and penalties. 2, . Prosecution regarding certain election offences. 28 ~equisitioning of buildings, vehicles, etc., for election purpose. 29 Corrupt practices. DlSPUTES REGARDING ELECTIONS, 30 .EIection petitions. 31 Grounds for declaring elections to be void. 32 isq qualification of Chairperson or councillors. 33 Oath or affirmation to be made by Chairperson and councillor. 34 Resignation of Chairperson, councillor and member and Chairperson ot committee. 3 j Dscision of question of disqualification of courcillor. CHAPTER -1V. Z-J ~ N C ~ L , CO.MMITTEE. CHAIRPERSON. COUNClLLOR, COMMISSIONER. AND CONSTITWON .-/I:.I,"~ICIPAL SERVICF. 36 Municipal Authorities. 37 Constitution of Council. 38 &$ervation of offices of Mayor in Municipal Corporation f~r~rnembers of Schdukd Castes or Sc~adulod Tribes and for women. 39 ~ ~ ~ e ~ v ~ t i ~ ~ of offices of Chairperson in municipa!ities and town ~anchayats. 40 p>.ners and functions of C O U ~ C ~ ~ . 41 efonstituti0n of joint cornnlittee or s~ecial committee. 42 and orders of Council. 43 Duties and powers 9f counciliors* 44 chairperson of municipality. 45 powers and duties of Chairperson. (A Group) IV 2 Ex. ( 3 9 8 W A 46 Deputy Chairperson of municipality. 47 Delegation of funcitons of Chairperson to councillor in atrerce of Deputy Chairperson. 48 Payment of honoraria, fees or allorances t ~ c hairperson, Deputy Chais$erron and councilloo. 49 - m u t i o n of wards ccmmittee. 50 Dissolution of Council. 51 Motion of no confidence against Deputy Chairperson. 52 Removal of councillor or Chairperson. 53 Saving of vs-lidity of proceedings. - 54 Appointment of Special Officer of mur.icipa1ity. Bb 55 Powers of Government and Collector for purpcse of control. APPOINTMENT OF COMMISSIONER' EXECUTlVE OFFICER AFD CCNSTITUTICN OF- MUNIClPAL SERVICE. ew I . . 56 Appointment of Commis~iorer ana Executive Officer of ~ u n i c i ~ a l i t y . 57 Power of Commissioner of municipality. 58 Constitutian of municipal service? .". . .. - 59 Municipal establishrnec: . 60 Method of recruitment. 61 Fisation of cadre strengthland cleation' of ~ o c l s . CHAPTER-V. FINANCE AND BUDGET. 62 Jlulticipal fund. 63 Appointment of audi tc~s of accounts, 64 kuthorised expenditure. 65 paymcnt of amount by a munici~ality for any specid ucr k. 66 Pbwer of municipality to borrow moncy. 67 Form, effect and payment of debentures, 68 Maintenance and investnent of sinking fund. 69 Priority of paqments for interest and r e p a p e n t of lcaos 01 er otker ~ s ; n?ent. 70 P~eparation of budget. g 7l Prepaiation of supplenlental bcdget and final mcdificaticl; and 3p~rcpriztlon 72 Constitution cf Finance <- nmiss io~. 1 CHAPTER-VI. PRGPEH'TY,M'ORI<S, TAXATION. LICEXCE A I D FEES. &, PROPERTY AND \YGRKS. 73 A c c e ~ tarice of trust propertleu. 74 Power to acquire land for municipality, ; 75 Entrustneflt of' any work to n:unicip,llity not prc~ided fcr uoder this Act. Grant of licences by Commissioner in certajn casts. Power L O canccl or suspend liccnrx. ,144 Period of licence. 145 Power to stop work. Revision by High C o ~ r t . Bar of cornpensat ion. Bar of jurisdiction of courts, Chapter to override other laws. Delegation of powers by Government. . , CHAPTER-IX. , . : 4 : ' WATER SUPPLY AND SEWERAGE. . .. . I . ! , , , . 19 Application of this chapter. I I , . . . ' : '19 Ve'stihg of water works in municipdlity. ( . # * . , ( 0 ,, ..) '. 15s House, drains and private cess-pools. , . & . 1% Entrustment of water supply and drainge work. . . .. . 157 Supply of water by municipality and provision for water meter. 158 Supply of water for commercial, industrial and othcr purposes. 159 Supply of water to other neighbouring local bodies. . . , . 3; ' 160 Power to disconnect water supply connection. . . . t : . 161 Prohibition of allowing or throwing any material in water~sourccs or drainage. 162 Power to undertake municipal work in any.private properly and poiver to enter into.priv#e hnd. *, ,, *... t I 163 Rcpzir of public tank, wells and other works by te1.1porarily rcmoring ncarby residents.. , . , , , ni , , . 164 Power to order filling in of pools, etc., which are nuisance. . , . 4 , 8 I 'i : t , 165 Regulation or prohibition of certain kinds of cultivation. . . . .:.!A } c ; CHAPTER-X. PUBLIC HEALTH AND SOLID WASTES XIANAGEMENT. ' I -.;,,, , 4 f - 166 Qbligation to report infectious disease. , . , . . . . w i ' 1 ; 167 Power to enter and remove patient. 168 Disinfection of building and articles. 169 Po:":r to order closure of infected buildin:. . . . ! f - - . 110 poi,,:r to commij~jon:i to prohibit use 0: .?:?::r I.ki!i 1 1 5 - 7 . :! : T : ~ ' ~ i n . 171 ~ ~ p ~ l a t i o n control, family welfare and small family norm. ~ TAMIL NADU GOVERNMENT GAZE1TE EXTRAORDIEARY 5 - - - - -- C C - - Burial and burning grounds and cre: natoria. Regulation in respect of carrying or dispos~l of corpse. . Removal of doad animal. : Disposal of solid wastes and drainage water. i Introduction of modern methods for clearance of soild waste in municipality. 7 Removal of garbage. 3 Legal action against persons or industrial units for non removal of solid wastes or debris. 9 Applicability of Tamil Nadu Act I11 of 1939, CHAPTER- XI. PROCEDURE AND MISCELLANEOUS, $0 Penalties. (1 Liability of Chairperson, Deputy Chairperson, Councillor, Commissioner, Officer and employee for any 10% waste or misapplrcatlon. 32 Limitation for recovery of dues. 63 Sanction for prosecution of Chairperson, Dcputy Chairperson, Councillor, Commissioner or any officer employee of municipality. H Chairperson, Deputy Chairperson, Councillor, Commissioner, officer and employee to be public servants. 85 Elrercise of powers of police officers by lnunicipal officers and emp1oyt;es. 86 Cognizance of offences. -87- Protection of action taken in good faith. 188 Offences by companies. 189 Injunctions not to be granted in election or assessment proceedings. 190 Power to enter to inspect, survey or execute work. 191 Payment of compensation for damage to municipal property. 192 Prhhibition against rcmoval of any municipal property. 193 prohibition against obstruction of municipal authorities, officers or cs plcyce c.f n tir.ici s.l; l! : r i i c , , 1% Method of serving document. 195 Power of person conducting election ~ n d other inquiries. 196 Summons to attend and give evidcnce or produce documents. 197 Power to remove difficulties. i P t Power to make rufes. 199 Regulations and by-laws to be framcd by the Council. ' 280 Repeal and savings. --- - -- P - . . - - - - - - -- . -- .- - - - - -- - - ----- - - - - . - - - ----.------ - .. - -- .- ----- - - The foU0~'ng Act of the Tamil Nadu Legislative Assembly received tho assent of the Prmident on the 4th May 1999 and is hmeby pub1ishM for fnformaton r- ACT No. 9 OF 1999. An Act to amend and coasolidato tbo lam dating to Municipalities and Municipal Corporations in the Stab of Tamil Nada and for-matters comoctod thowith and incidental thereto. BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-ninth Yoar of the Ropublic of India as follows :- CHAPTER-I. i PRELIMINARY. 1- (1) This Act may be called the Tamil Nadu Urban Local Bodies Act, 1998. Short titIo, oxtcnt and commencement. (2) I t extends to the whole of the State of Tamil Nadu. (3) It shall Gome into foroe on such date as the Government may, by notification, appoint. 2. In this Act, unless the context otherwise requires,- Dellnitions. (1 ) " appoint " includes to appoint temporarily or in an officiating capacity and " appointment " shall be construed accordingly ; (2) " building " includes- (a) a house, out-house, stable, latrine, godown, shed, hut, wall and any other structure whether of masonry, bricks, mud, wood, metal or any other materials whatsoever ; (b) a structure on wheels or simply resting on the ground without founda- tions ; and (c) a ship, vessel, boat, tent, van and any other structure used for human habitation or used.for keeping or storing any article or goods ; (3) " building line " means a line which is in rear of the street-alignment and to which the niain wall of a building abutting on a street may lawfully extend and beyond which no portion of the buildlng may extend except as prescribed in the building rules ; (4) " carriage " means any wheeled vehicle with springs or otber appliances acting as sprin and includes auy kind of bicycle, tricycle and cycle-rickshaw but B does not inclu e any motor vehicle within the meaning of ths Motor Vehicles Act, 1988 ; (5) " casual vacancy " means a vacancy occurring otherwise than by efflux of time and " mid-term election " means an election held 6n the occurrence of a casual vacancy ; -. ;6) " Chairperson " and " Deputy Chairperson " means,- ra) in relation to a municipal corporation, the Mayor and the Deputy Mayor, respectively : (b) in relation to a municipality, the Chairperson and Vice-Chairperson, respectively ; and (c) in relation to a town panchayat, the Chairperson and Vice-Chairpersor.: respectively ; (7) " Comm~ss~oner " means- (a) in relation to a municipal corporation arra mnnlapality, the Corn- 8 eissioner of rne municipal corporation or wunicipality, as tuc case may bs : and (A Group) 3Y.2 EA, '3'381.- 2 (8) *4cornmittee" means the Standing Committee, wards Commi~ee or any ' other committee constiturea under this Act ; (qJ ,':company" g + q + a S ~ :;,; . \ s &:cr. :,'I: . # ' t ~ " ' 7 3 , - ' : . I ) * , : I . . ? \ t , $ . , , a , > l r b - (a)* k4 = 6 m p a ~ j a i defined in the Companies hct, 1956; including any Central f~rt=;~n anzyany xyithin thp E e a n i ~ e of s ~ r t i ~ n 591 nf th9f Act ; - -- - ' * , i I (b) any bhd y cirporate ; or (c) any firm or association, vyhether incorporated or not, carrying on business in the State of Tamil Nadu whether or not its principal place of busmess 1s situated in the said State ; (LO) acouncil" means the council of the municipal corporition, municipality or town panchayat. as the Fase may be; (11) ucouncillor" means the councillor elected to a municipal corporation, municipality or tb .-.q vanchayat, as the case may be ; (12) "date 01. the coilllllence~llerlt of this Act " means the date appointed under sub-section (3) of section 1 ; (13) " Director " means,-- (a) in relation to & municipal c~rporation, the Director appointed byathe Government for the corporatims and if there is no Director for any Corporation, the Government ; (b) in relation to a municipality, the Director of Municipal Admixistratior, ' appointed by the Gover~lment : and (c) in relation to a town panchayat, the Director of ?own Parrchrryats appointed by the Governn~er~t ; (14) ''Finance Commission'' means the Finance Commission referred to in section 72 .' (1 j) g'food" includes,- (a) every article (other than drugs and water) used as food or drink for human consu laptioil ; (b) all materials used or admixed in the compositioll or preparation of such azticles ; and (c) flavouring or colouring matter, conl'ectio;iery, spices and conc; iments; (16) "Government" means the State Government; (17) *linfectious drs:ase" shall have the same meaning as in section 52 of Tamil IhcTamil NaduPublic Nealt!~ h ct, 1439 ; Act I I f (IS) "latrine" means a place set apart for defecating or urinating or both; (!?) "m~nicipality'~ with its grammatical variation means the nlunicipel corporztlon or the municipality or the tow11 panchayat constittited or c~eemed to have been const~tuted ui16 er this Act ; (20) "rn~anicjpal area" n-.ear,s the territorirl area of tlie mullieirelity as it notified by the Goverror ulfci er ciause (d) crf Article 243-P of ttLe C 01 stitutiol- ; F TAMIL NADU GOVERNMENT GAZET'JX EXTKAO.~WAI: I , , . . . . -. . ' . . . . - - -. ' 7 (21) " municipal office " means the principal office of the municipality ; ' ' 02) " nuisance " includes any act, omission, lace or thing which e a u w # i3:ge y to cause injury, danger, amoyance or of ! ence to thc sense of sight, dieu or hearing or disturbance to rest or s lap or wKch is or may be dadgerous fo fife or injurious to the healrn 08 property of tho public or the people in general @ho dwell or occupy property in tho vicinity, on persons who may have occasion to use public place as a right ; (23) " occupier " includes,-- (a) any pt:rson for the time being paying or liable to pay to the owner the aent or any portion of the rent of the land or building or part of the same in respect -of which the word is used or damaged on account of the occupation of such land, builcling or part; and (b) a rent--free occupant ; (24) "open spacew means any land whet her enclosed or not bqfonging to %he. Government or any local aufhority, pn which there are no buildings or of whlch not more than one-fwentleth part 1s coverrd with buddings and the whole or the remainder of which is used for purpose of recreation, air or light ; (25) " ordinary vacancy " means a vacancy cccurring by efaux of time and "' General election " means an election held on the occurrence of an ordinary vacancy ; (26) " owner " includes- (a) the person for the time being receiving or entitled to receive whether ..on his own account or as agent, trustee, guardian, manager or receiver for another person, or for any religious or charitable purpose the rent or profits of the property in connection with which the word is used; and (b) the person for the time being in charge of the animal or vehicle, in connection with which the word is used ; (27) "park" means a piece of land on which there are no buildings or of which not more than one-twentieth part 1s covered with buildings and the whole or the remainder of which is laid out as a garden with trees, or flower-beds or as a lawn or as a meadow and maintained as a place for the resort of the public for recreation, air or light ; (28) "play-field" means a place of land aaapted for the purpose of play, game or Sport and used by schools or colleges or clubs; (29) " private street " means any street, road, square, court, alley, passage ,or riding-path which is not a '' public street " but does not include a pathway made by the owner of premises on his own land to secure, access to or the convenient use of such premises ; (30) " public street " means any street, road, square, court, alley, passage o r riding-path over which the public have a right of way, whether a thoroughfarr: or not, and includes- (a) the roadway over any public bridge or causeway; (b) the footway attached to any such street, public bridge or causewiiyr .laad - (c] the drains attached to any such street, public bridge or causeway and the land, whether covered or not by any pavement, verandah ar other structure, which lies on either side of the roadway up to the boundaries of the adjacent property whether that property is private property or property belonging to the Central or any State Government or nublic undertaking; (3 1) " public water-coursa, sp ing, well and :ank " include those usedlby the public to such an extent an to give a prescriptive right to such use : (32) " reconstraction " of a building includes- (a7 the re-erection wholly or partially of my building after more than ones nalf uf its cubical contents has been taken down or burlit down, or has fallen down whether at one time or not; /,b) the re-erectim wholly or partially of any building of whicli dn ~ i r t e t ivall has been taken down or burnt down or has fallen dowr~ L,. or within three i metres of, the grovnd adjoining the lowest storey of the building, and or any frame building which has so far been teken down or burnt down or h3s h!lea donn E* ts leave cnly the hame work ot the lowest storey; . - ? - . - - , TAMIL NADU GOVERNMENT GAZEmE EXTRAORDINARY c .2 - - - - - ..- (c) &e conversion into a dwlling-house er a place of public worss? e f a n ~ bu~ldlng not originally constructed for human habitation or for public W O ~ S ~ ~ P , the cna may be, or the ecnversioa into mere than one dwellin~heusc el buHiag originally constructed as o ~ e dweareUin&house on:y or the conversion of dwelling-ho- into a fwkry ; _ A ( , . 1 . .< (d) the re-conversion into a dwelling-house'or a place of public wonhip or 8 factory of any building which has been discontinued as, or appropriated for any purpaw etixer man g rrnft~:~g-!x>-c~t 21 8 plscc cf public worship or ti ffMOV, 85 the case may be ; (33) " Regional Director " means,-- - (a) in relation to municipality, the Regional Director of ~unic ipa l Administration having jurisdiction over the lnunicipality and appointed by the Government ; and (b) in relation to town panchayat, the Assistant Director or Zonal Director of Town Panchayat having jurisdiction over the town panchayat and appointed by tho Government ; (34) " residence "--" reside "-a person is deemed to have his *#residence '" ' or to "reside " in any house or hut if he sometimes uses any portion thereof as a sleeping apartment, and a person is not deemed to cease to reside in any suth house or hut merely because he is absent from it orehas elsewhere another dwelling In which he resides, if he is at liberty to return to such house or hut at any time and has not abandoned his intention of returning ; (35) " rubbish " means dust, ashes, broken bricks, mortar, broken glass and refuse of any kind which is not " solidwaste " ; (36) " salary " means pay and acting pay or payment by way of commission and includes exchange compensation allowances, but not allowances for house-rent, camage-hire or travelling expenses ; (37) " sanitary-worker " means a person employed in collecting or removing rubbish or solidwaste or in cleansing drains, latrines, or slaughter-houses or in driving carts used for the removal of rubbish or solidv~aste ; (38) "Scheduled Caste," shall have the sane c eilning 4s dtfilled in the Constitution ; (39) " Scheduled Tribc, " shall have the same meaning as defined in the Constitution ; (40) " solid waste " means- (a) nightsoil and othlx contents nf latrines, cesspools and drains ; (b) dung and refuse or 1-lseless or offensive material thrown out in conse- quence of any process of manufdcture, industry or trade ; (c) putrid and putrefyiug substances ; (e) the solid waste discharged from the hospitals , and re1 such oti-er solid wa5te which aye detrimental to public herrlth ; (41) " Standing Committee " means the Standing Committee referred to in section 36 ; (42) " street-alignment " mans a line dividing the Iaitd comprised in and forming part of a street from rhe adjoining land ; (43) " Tamil Nadu State Election Commissioner " means the Tamil Nada StateElection Commissioner referred to in section 5 ; (44) " Tamii Nadu Stat; Election Commission " means the Tamil Nadu State Election Commission refcrrea to in section 5 ; - - - _ _ _ _ _ _ ---- .. p~ - - - -- - - -. * M I I J I I ~ I ~ ~ I - I - ~ - - Y . . ) * . I . I ~ U ~ - - ~ I I R I I -- - . - - - A - .. - . -- - (45) "urban local body " or " local authority " means thc muddpal corporation Or mitllicip&lity or town paachayst, as the case may be : (46) " ward " means the ward of a municipal corporation or' bunicipality or town ~anchayat as may Fe notified under 8; (47) " ward office " means an office established in relation to a wards committee ; IAQ' " u*m*a " --nr* a* -=an- nn-n:rtnrl h . r +ha Cm.p-mmmt far the \ '"I --- u--w- --..-" -- "-I* ..=.."--l- - -a- - - . ------ - -- ward ofiice of the munlclpal corporation or municipaEY ; (49) " wards commttee " meats the wards committee referred to in section I ;50) " water-course " includes any Aver, stream or channel whether natural or artificial ; (51) "year" means the financial year. CHAPTER IT. CONSTITUTION AND RECONSTITUTION OF MUNICIPALITY, 3. (1) The Governor may, by notification, having regard to the population of Constitution o the area, the density of the population therein the percentage of employment in Municipality. non-agricultural activities, the revenue generated for local administration, the economic importance or such other factors as he deems fit, constitute any local area as,- (a) a " town panchayat " where the population is estimated at not less than twenty thousand and the annual income of such area is not less than thirty lakhs of rupees ; (b) a " ~nunicipality " where the population is estimated at not less than thirty thousand and the annual income of sl~ch area is not less than flfty lakhs of rupees ; Explanation. I-For the purpoye of this section and sections 7, 37, 38 and 39, " population " means tile population 5s ds~ertaiiled at tne last pre- ceding census of which the relevant fizures have ~ e e n published by the Central or the State Government. - ., . Explanaiion XI.-For the purpo$c of this sectio,~ '"annual inct,me9' means rhc I :I vcrage in come of a panchayat constltuted under be Tarcil Nadu Panoha~zt .?s:, 109 1 or of a ,ndnicipdlity for the last three co.!secutive years. . . . . . . (2) (a) The Govern01 ,ray, by notification, d~clare his intentiony- (i) te jtlcIilde within t k - *vqicipaIity any locJ area contiguous thereto and defined In suc11 not~ficatlotl ; or (ii) to exclude from the ~~~unicipaiity any local area coinprisea therein dud defined in such notification: Provided that no c.~ntonment shall be inciuded within the nunicipality, [b) On the p~~biication of the notification under sub-section ( I ) , any person residing within the local area concerned in relation to which any such. not~ficatlon has been published or any municipal council affected by any such notification may subir~it objections, in writing, to any officer authorised in this behalf within forty- f~ve days fron~ the date of publication of such notification. . . - - . - .-- - - - - - - - - ---a- - - - - - - - ---> -:----.+ -: - - - -.- --- - 7 - .--- - - - I -- - - . .- -* - .- .-. - --*-- - - - - - - .- - .- - - - 44 ' 1 TAML NADU GOVERNMENT GAZETTE E&TMoR;D~NARY L t. ; - *,-,-, -- r - T r 2 4 . . - ' (63 Tha Governor may, after considering the objections and recommenda- tions r e q i y ~ # . , w clause (c) declarej by notification, the inclusion within, or exclusion fiom, the municipality, any local area. (e) On publication of the notification under clause (d), this Act shall come into force in, or cease to apply to, any such local area or any portion thereof, as th3 case may be, on such date as may be specified in the notification under clause (d). (f) The inclusion of any village panchayat in any municipality shall not affect the previous operation of the Tamil Nadu Panchayats Act, 1994, in respect Tamil Nadu of that ares and any penalty, forfeiture or punishment incurred, in respect of any Act 21 of 1994 offence committed against the said Act, or any investigation, legal proceedings or I remedy in respt,' of the said penalty, forfeiture or punishment and any such penalty, forfe~ture or punishment may be imposed as if this Act had not been passed. - (g) An person aggrieved against the notification published by the Governor under clause ( d ) may prefer an appeal to the High Court within thirty days from the date of publication of such notification. (h) If any local area in which the Tamil Nadu Panchayats Act, 1994 is in Tamil Nadu force, is constituted as or included in a municipality, the Government may pass Act 21 of 1994. such orders as they may deem fit as to the transfer to the municipality or disposal otherwise of the assets, or institutions of any panchayat in the local area and as to the discharge of the liabilities if any, of such panchayat relating to such assets or institu- tions, and as to the transfer or retention of the officers and servants working in the local area as the case may be. (3) Every municipality constituted or deemed to have been constituted under this Act shall be a body corporate and shall have perpetual succession and a common seal and subject to any restrictions or qualiEcations imposed by or under this Act or any other law shall be vested with the capacity of suing or being sued in its corporate name, of acquiring, holding and transferring property, makable or im- movable, or entering into contracts and of doing all things necc:ssary, proper or expedient for the purposes for which it is constituted. (4) The Government may, by notification, classify municipalities into various grades for the purpose of effective administration of the said municipalities in accordance with such norms as may be prescribed. Reconstitution of 4. (1) On and from the date of the commencement of this Act,- f'own Panchayats, Municipalities end Municipal (a) the Town Panchayats and Munioipalities constit~ted under the Tamil Corporations. Nadu Distriat Municipalitins Act, 1920 sha.11 be deemed to have been constituted Tamil Na and inaorporated under this Act and are hereby declared to be the Town Pancha- yats and Muniaipalitics as the case may be by their respective names and in I their respective areas; (b) (i) the Muriicipl Corpolation of Chennai constituted under the Chennai T City Municipal Corporation Act, 1919 ; (ii) the ~unlc ipa l Corporation ot Madurzi constituted ucder the Madurai Tamil City Municipal Corporation Act, 1971 ; fiii) the Municipal Corporation of Coimbztore 'cnstituted l:nder the Coimbatore Clty Mucicipal Corporation Act, 1981 ; (iv) the Municipal Corporation of Tiruohirappalli constit~ted cnder the Tiruah~rappalli City Municipal C ~ r p o ~ ~ t i o n ~ c t , 1994 ; (v) the 3lcnicipl C ~ ~ r a t i o n of Tircoelveli cocidrnted ~ p z e ~ the ~ i r u n d d i (b xcnk$e~ c . ~ * D ~ c t , 1994 ; t2" - - -- -- -- _ _ _ _ _ _ _ _ _ _ - - - -- -.-...-* - r -- - - .- - -- - ---- - -- --- :- GO~ERNM~YT GAZETTE EXTRAORDINARY 45' -1- (vi) :Zc ;viuniciP3l Corporation of Salem constitwed under the B!e 9 City M u n i c i ~ l Corporation Act, 1994 ; shall be deemed to have been constituted and incorporated under this Act and ale hereby 4scla~pd to be,the Munidpai Corporations by the aforesla' ~nhmcs and in thkir . ? I S res@<c?,iyk: . . . ,municip.l , area. t . . ' , -. . .<A , ... 7 " PS: vCL; , , " I - . . (2) Any appointment, notific":ion, notice, tax, order, scheme, ligeqe. t . % rL,'$.~ht;! pelmission, xule, by-law or form made or issued or imposad *under ' the " hats , , - !d I * referred to in sub-section (1) in respect of such munf~ipality whiah were in,fbroe 'I' 2 5 ~ppfiGibI~ i i i i i i id i~tdy t$'vip diiig of ;he oc, ~ ~ ~ , ~ ~ e ~ t of this A d +&!I '( : continue to be in f o r c ~ and be deemed to have been made, *issued or imposed u'dbbr' the provisions of this Act unless and until it is superseded by any appointment, notifioation, notic~, tax. order, scheme, licence, perm'ssiotl, rule, by-L\r ortform made or issued or imposed under this Act. - .. I CHAPTER 111. CONDUCT (3P B L E ~ I O N S . I , 5. The super~ntenc~cncc, direction and control of the preparation of electoral Election to rclls for, and the cor~duct ot, ~ l l elections to the municip?lity, shall be vested in the usi id pal if^. Tamil Nadu State: Flection Commission consisting of a Tamil Nadu State Election Commissioner to b:: appointed by the Governor under Article 243-IC of the Constitution. 6. (1) Whew in cnnnectian with the tendering of any opinion to the Governor, Powers of the Tamil Nadu State Elcction Commission considers it necessary for proper to make Tamil Wadp an irlquiry and the Comr~ission is satisfied that on the baais of the affidavits filed State and the doouments produced in such inquiry by the parties concerned of their own Election accord, it cannot ccims to a decisive opinion on the matter which is being inquired C~mmission. into, the Commission sh211 have for the purposes of such inquiry, the powsrs of a ral Act- civil court, while trying a s~.it under the Code of Civil Procedure, 1908 in respect of 1908. qf the bllowing matters, namely :- (a) summorting and enforcing the attendancc of any person and examining him on cath ; (h) requiring the c;iscovery and production of any doi:ument or other material object produceable as evidence ; (c) receiving evidence on affidavits ; (d) requ:sttlontng any public record or a copy thereof from any court or (e) issuing comlnissions for the examination oi witnesses or documents (2) The Commission shall also have the pawer to require any person, subject to any privilege which may be claimed by that parson under any law for the time being in force to furnish information on such points or matters as in the opinion of the C;mrnisgic?n may bs useful for. or relevant to, the subject matter of the inquiry. (3) The Commission shall be deemed tc be a civil court and when any such offence. aq is described in section 175, section 178. section 179, section 180 or sectinn 225 o f the Jndian pella1 Coda is committed in the view or presence of tbt. ~nission may after recording the facts constit: .tin8 the offencg e accuqed as provided for in t'le Code of Criminal Procedure 1973, forward thc cnqe tcr a l~?~gistrate having jilrisdiction to try th": same and the magistrate i c whom any such c.-lse is forwarded shqll proceed to hear t hr: compl~int apainst !hc accused as if +he case had hcen forwarded to him under section 346 cf iile Code of Criininnl Procedure, 1973. (4) Any proceeding bef~re thc Commissio~l $hall be +earned to b? a ju?;ctdl nl.ocred'ge !%r,vithin the mealtine of section 193 and r:-cfic? 22P .,f t h ~ I nd;nc Pcnni 46 TAMIL NADU GOVERNMENT GAZQITE EXTRAORI)ll$AK.Y " . i?iration of 7. (1) The total n u m i ~ r of councillots of the municipality exclusive of its total rmmbar Chairperson shall be fixed by the Direct01 in accordance with the norm6 pr mcri bed of oounofllorr and bsued on the population in ralaticrn to such municipality of the lad precxxiing ofmun~oi~ality. census of whioh the rolevarrt figures bava been published. (2 The total number of aormalllnrr of the munlal rllty ro Md under rub- I by the Contra1 or the State Government. B wtlaa ( ) uhall not bo alterad till naxt muaceadlag aensue guzer eze prblfrbd aithor . 'olimitatioa 8. (1) For the purpose of the eleation of the counaillors, the oommiseioaer of )f wards. tho muaioipality shall in aonsultation with the Couaail prepare a draft proposal for the dolimitation of the wards of tho municipality end publish the same in suoh maanar as may bo presoribed. (2) On auoh publioation, any person o r assoaiation of persons residing or - situated within the looal area of theimunicipality aonaerned may prefer his or its objeotions to suoh proposal within thirty days from the date of publication of the draft proposh]. (3) On the ex iry of tho time limit referred to in sub-soction (2), tho Commissioner shal f oonsider all the objections received, prepare a summary and plaoe the same before the Collnoil for consideration. r (4) rne Counoit shall within a eriod of thirty days from suoh placement oansidrr at a meeting speoially convened: the proposal along with the summary of objections and make its recommendation. (5) On the expiry of the time limit referred to in sub-section (4), the Commissioner shall forward the proposal to the Direotor, who shall oonsider the same and either confirm the proposal or where any modification is required he shall modify the proposal in accordance with the rules prescribed and direct the Commis- sloner for publishing the proposal as approved by him. (6) Any modification or revision to the de~irui~atioa of wards shall be made once in five years before the general election to the municipality. reparation 9. (1) The electoral roll of the munioi ality shall be the same as the electoral I eleatoral roll of the Tamil Nadu Legidative Assem ly prepared and revised in accordance 011. 1 with the provisions of law for the time being in brce, in so far as it relates to such munioipal~ty and it shall be deemed to be the electoral roll of such municipality for the purpqes of this Act and any amendment, by way of inclusion for the purposes of correction of any entry in the electoral roll of the Tamil Nadu Legislative Assembly mado after the date ot publication of the election notification by the Tamil Nadu State Election Commission and before the declaration of the result of such election, shall not form part of the electoral roll for such municipal election. (2) The Tamil Nadu State Election Cozmission may, in special circum- stanoes, direot the Commissioner fox preparation of a now municipal electoral roll ' for the purpose of conducting municipal election to all or one or more munici- ' palities in accordance with the rules. tenera1 and 10. (1) Any general or mid-term election to the Council shall be conducted mid-term by the Returning Officer appointed by the Tamil Nadu State Election Commis- . lection. sion in accordance with the rules. (2) Unless the Tamil Ncdu State Election Commission otherwise directs, no casual vacancy of a councillor or Chairperson shall be filled in cases where the general election for the councillor or Chairperson under sub-section ( I ) is due within six months. (3) Notwithstanding anything contained in this Act but subject to the pro- visions of sub-section (2), the Tamil Nadu State Election Commission may for any valid reason direot the postponement or alteration of the date of general or mid- term election or may stop the proceedings of any election. (4) A courrL:l1-- or Chairperson clcofod at a mid-term election shall entel upon oE-- forthwith but shall hold office so long only as the councillor or Chair- person in whose place he is elected would have been entitled to hold oGca if tho vacancy had not occured. - *. one ward. Provided that a Person who stands for election as Chairperson shall not&e eligible toJ stand for election as a council101 : Provided furthsr that a psrson who stands for eleation as a councillor shall not be eligible to !stand for election as Chairperson : Provlded ~ l j o t h l t 110 c~dn:ill~r shall b3 oligibl3 to standjitor]election ,as ?hairperson. 12. (1) No person shalljbe qualified tor being @acted as#@ councillor or Qualification I Chairperson- and disqua11- fiation for being eleated as councilllo~ or C hairparson (a) unless his name is included in the electoral roll in any, one of the tYards of the municipality ; ( 0 ) unless he has eompleted twenty-one years of age on the date of notifi- cation of election notice ,' , (a) itlhe is an bfficer or ernplgye; either whole time or part time of the Central or State Government or any local authority, or body corporate owned or controlled by: tile Central or State Government. remunerated by either salary or f ces or honoraria. (2) A person standing for election as a councillor or Charperson shall have a0 share or interest, in any contract or em~loyment with, by or on behalf of the iuunicipality. (3) Alperson standing for election as a councillor or Chairperson must have paid all amount due to the municipality. ,/4) A person wbo bas been sentenced by a criminal court to imprisonment for life or to.imprisonment for a period of more than six months fof any. offence I other than an offence of a political character or an offence not involving mord delinquency (such sentence not having been reversed or the offence pardoned) shall I be disqualified for being elected as a councillor or Chairperson while undergoing the sentence , and for a furlher period offlve years from the date of the expiration of the sentence. I , , \ , , , (6) A shall' be disquali&d for being dected as a councillor or Chalra person if such person is, 9n the date of fiiing the uomination,-- ! . I 1 : f (a) of unsoud,&d and iiidecldred so by ths competent court having jurisdiction ; (b) an uadischarged insolvent art an applicant to be adjudicated as an insoivent'. ' ' I I , , , ! I 8 I . ' '(c) ' directly d i ,indirectly, !by himself or through his partner or through his family member interested In a subsisting contract made with or an: war% be& Qqne for , the,mvrlicina~itv , except as a sharef.older (other than a director) 1 . I ./ a cam pa^,;,, ,', , , , + , , , , I , l r J %xdiination.-+br$the ouwose ,cf, ,jkfs, clausc, the expression "fani!~" in relhtiori to a petson rnsans n,per~od.vthe:wife or husband, as the case may be, tlf suoh person and I he sons, eaughters in law, unmarried daughter S, lbrbthem. uamarried sisters, fa\.her an$ w~ther: - -T. , P 11R?\ - .- > I. L. .- TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY - . - - - - _ . - - -- _ _ . _ _ __----.- -- Provided that a person shall not be deemed to have any interest in such contract or work by reason only of his having a share or interest in- (i) any lease, sale or purchase of immovable property or any agree- , ment for the same ; (ii) any agreement for the loan of noneyor any security for the pay- ment of money only ; (iii) any newspaper in which any advertisement relating to the affairs of the municipality is inserted : - (iv) any colnpany or association, whether i~ corporated or not, which contracts with the municipality for lighting or supplying water to aqy.part of the municipality or insuring against fire or izny property of the munlclpal~ty : Provided furthcr that where any contract lias been f~llly perfor~ned by the person by whom it has been entered into with the municipality then sucl-, contract shall be deemed not to subsist by reason of the fact that the municipality has not performed its part of the contract either wholly or in part ; ( '\ employed as paid legal practitioner on bchalf of the municipality or as legal practitioner against the municipality ; (e) a representative or office bearer of any association or union re-- presenting or purporting to represent, any section of the municipal establishrneni or any class of employees of the municipality; ( I ) already a councillor whos? term ot ofice as such will not explre before the conduct of fresh election or has already been elected as a councillor trhose term of office has not yet commenced; (g) in arrears ot any kind due by him (otherwise than in a fiduciary capacity) to the municipality up to and inclusive of the previous year; (h) disqualified to stand for being elected &her as a member of t'h Legislative Assembly or as a member ot Parliament ; ( t ) a person who having held an office under the Central or State Govern- ment or local body has been dismissed from such office for corruption or for disloyalty to the State. (7) A pelson convicted of an offence punishable under any of the p~ovisions of sections 13 to 26 of this Act or under Chapter IX-A of the Indian Penal Code Central Act shall be disqualitted for being elected as a councillor or Chairperson. I ELECTION OFFENCES. Intringem~..~ 13, Every officer, clerk, agent 01 other person performing any duty in sf secrecy of connection with the recordir g or counting of votes at an election who? except for sleetion. some pu ose authorised b j law, communicatas to any person, any ~nformatioa '8. showing lrectly or indirectly for which candidate any voter has voted, and every person who by any improper means, procures any such ~nformation, shall be puuished with imprisonment whiah may extend to six months or with flne, or with - both. Minimum 14. Notwithstanding anything contained ln sactionl?i-F 01. the Indian Penal Central penal! y for Code any person who in connection with an election under thrs Act commlts XLV o personation at an offence of personation puni~hable under that section, shall be punished with an election. imprisonment for a term whffib shall not be lass than six months and not more than two yean and with fl ae. . ~ o ~ u o t i n g 15. Anyperson who in oouneotion with au alection under this Act promotes cnmity between or attempts to promote on grounds of religion, race, caste, community or lanauage, classes ill . feelings of enmity or hatred between different classes of the citizens of India shall o onnection be panished with imprisonment for a term whicb may extend to three years, or itb decrion. with Fine or with both. - - :------------am,- . . __ __ - -- - -- --... 4 . . - --- ----" >< ---_ __ .----.. ----_ _ _ --------__ - TxM~L N M U GOVBRRNM3NT GAZETrE ~ R A O ~ I N A R Y -- - - - - - 49 - - 16. (1) No person shall convsne, hold or attend any publia meeting in any P~ohibitioi ward during the period of forty eight hours e~ding with the hour fixed for the of publia conclusion of the poll fof any election in that ward. meetings o the day preceding r election da land on th election de (2) Any person who contravenes the provision of sub-section (I ) shall be punished with fine which may extend to two hundred and S t y rupees. 17. (1) Any person who at a public meeting to which this section applies, acts, Disturbanc or incites others to act, in a disorderly manner for the ,?urpose of preventing the trans- at electi action of ihe business for which the meeting was called shall be punished with meeting iillprisonment for a term which may extend to three months or with fine whioh may extend to one thousand rupees or with both. (2) This section applies to any public meeting of a p~litical character held in any ward between the earliest date for making nomination of candidates for an election and the date on which such election is held. (3) If any police officer reasonably suspects any person of committing an G offmce under sub-section (I), he may, if requested so to do by the Chairperson of the meeting require that person to declare to hi immediately his name and address .and, if that per.con refuszs or fails so to declare his name and address, or if the police officer reasorab!~ ,.:spccts him of giving a false name or address, the police officer may arrest lllll; without warrant. 18. (1) No person shall print or publish, or cause to be printed or published Restrictio: a n y election pamphlet or poster, which does not beal on its face the names and printin, -address of t$c printer and thr: publisher thereof. pamphlt posters (2) No person shall print or cause to be printed any election pamphlet or poster,- (a) unless ?. d eclaration as to the id er,rity of the publisher thereof signed by him and attested 1)y two persons to whom he is personally known, is delivered by. him to the printer in duplicate; and (h) unless, within a reasonable time after the printing: of the document, one I copy of thedeclaration is sent by the printer together with one copy of the document to the Commissioner. Explanation--For the purpose of this section- (a) anyprocess for multiplying copies of a doculllent other than copying it by hand, shall be deemed to be printing and the expression ~rinter shall be construed sccordingly ; and - , (b) ''election pamphlet or poster" means ally ~riotec! paqphlet, hand-bill or other document distributed for the purpose ~f promoting or prejudicing the election of a candidate or group of candidates Jr any plzcard a r poster hnvmg reference to an election, but does not includ e any uand-bill, placard or poster ~ e r e l y announcing the date, time, place and other particulars of an elect~on meetlng or ~out ine instructions to election iisents or workers. I (3) Any person who coiltravenes any of the provisions of gub-secti~n (1) sub-section (2) shall be punished with imprison~~ient for a term whlch may gxtg~.d to six months, or with fine which may extclid to two thousand rupees or with ~ ~ ~ l e 19. (1) person who is;i Pq(u@ng officer, OF an assisant returpin~ oficer, Officer5 or a presiding or pollihg oE&r Bt ah ,election, man officer orclerk app0?nted the at elen retaring o @ m or the presiding officer to perform any duty in connectton with an not to elsctipn shdll in the conduct or the management of the election do any act ( 0 t h ~ ~ candid , than the giving of vdre) fq the fur therence of the pr0sneCts of the dection to iaf' :. , candidate. votin ,-n.\ - , i C rohibition of . dnvassing in . r near polling . sations. jenalty for . isorderly .:onduct in or !ear polirng -.tations- (2) No such person as aforegig, and ~ , q qrlnber of a police I force, shall endeavour- , , , , (a) to pursuaci e ally person to gile his vote at an election, or ' ' (b) to dissuade any person from giving his vote at an election, or (c) to influence the lroting of any person at an election in any manner. (3) Any person who col.travenes the provisions of sub-section (1) or sub- wctioi, (2) shall be punished pith imprisonment for a term which may extend to six months or witb fine or with both. 20. (1) No person shall, on the date or dater on ~ h i c h o poll is taken at any polling station, commit any of the following acts within thc polline station or in al;y public or private place within a a ]stance of one hundred metres of the poll~ng station,. namely :- (a) c a n v a s s ~ for votes ; or , . (b) soliciting the vote of any elector ; or (c) persuading any elector not to votefor any particular qandidatz ; or (c!) persuad,ing any elector not to vote the election ; or , , (e) exhibiting any notice or sign (other than officiszl r.cjtice relatins in the election), (2) Ally person who co~travenes the provisions of sub-section (I) shall be punished aith fine which n ~ a y extend to two hundrec. aac'. fifty rupres. (3) An oirence punishable under this sectlon silall be cognizable. 21. (1) No person shall, on the Late or dates on which a poll is taken at any polling station,-- (a) use 01 ogerate .,vitl-iin or at the el-trance of the ~olling station, or in any publicor rrivaterlace ir the neighbourhood there, of any apparatus for arnplifsjn~ or reproducing the human 170ice, such as megaphorie or a loudspeaker; 01 (bj shout or otherwise act in a disorderly manner, within or at the entrance of the polling station in any public or private place in the neil.hbourhood thereof, so as to causeannoyance to any person visiting the polling station, for the poll. or so as to interfere with the work of the officers and other persons on duty at the polling station. (2) Any person who contravenes or wilfully aids or abets the contravention of the provisions of sub-section (1) shall be punished with imprisonment tor a term which may extend to three months or with fine or with both. . - (3) If the polling officer of a polling station has reason to believe that any person is committing or has committed an offmce punishable under &IS swllo~l, he maydlrect any police oficer to arrest such person and thereupon the police officer dull ~rrcst him. (4) Ally police oficcr may take su& steps, and use such force as may'be reasonably necessary for re venting any contravention of the provisions of sub-sect ion (11 and may seiz any apparatus used for such contravention. Explanation.-In this sectior P C ~ LL s e n 22, the expression 6spolling oficu" n:c:i 1.s thc pclling oficer of P. r ollr~lg station or if there is a pres~d in$ oEcer at the. ('c~llinr! ~ l ~ i t i o ~ ~ , sr cli 1-1 c,ic:il P. ~,flic.,.~. - --- .- .- - - - - w I I m " " - - ~ - 51 - - - - .- 22. (1) Any person who during the hours fixed for the poll at any polling stat iol: Penalty for misconducts himself or fails to obey the lawful directions of the polling officer may misconduct at he removed from the poiling station by the polling officer or by ally police officer polling station. on duty or by any person authorisec in this behalf by such pollirg officer. (2) The powers wnferrec; umer sub-section (1' shall not he exercised so as to prevent any elector who is othemise entitled to vote et a polling station froln having an opportunity of votiqg at that polling station. (3) If any person who has been so retlioved fro111 a polling station re-enters the polling station without the permission of the polling offic(:r he shall be punisheb with rmprisonment for a term which may extenc! to thrze rnonths, or with fine or with both. (4) An offence punishable under sub-section (3) shall be cognizable. 23. (1) No ?andidate or his agent or any other person with the consent of a Penalty for hitlne candidate or h ~ s agent shall h ~ r e or procure whether 01.1 payment or otllerwise or procurtng of any vehicle or vessel for the conveyance of ariy elector (other than the caradidate vehicles fof himself, the membersof his family or his agent) to or fromany polling station: conveyance of voter at election. Provideci that nothing in this sub-section shall apply to- (a) the hiring of a vehicle or vessel by an elector or several electorsat their foint costs for the purpose of conveying hiin or them to or fro111 the polling station, if the vehicle or vessel so hired isa vehicle or vessel not propelled by mechanical power ; (b) the use of any public transport vehicle or vessel or any railway carriage by any elector at his own cost for the purpose of going to or comifi~ from the polling station. kxp1al:ation.-In this sub-section, the expression 'vehicle' means any vehicle used or capable of being usec. for the purpose of road transport whether propelled by mechanical power or otherwise and whether used for rlrawing other vehicles o r otherwise- (2) Any person who contravenes the provisions of sub-section (1) a t or i ~ ? connection with an election shall be punished with fine which may extend to two hundred and fifty rupees. 24. (1) If any person to wliom this section applies is without reasonable callsc Breach of guilty of any act or omission in breach of his officialduty, he shall be punished with official duty i n fine which tnay extenc! to five hunc're6 rupees. connection nftR election. (2) No suit or other legal proceeding shall l i~ , against any such person for da111age in respect of' any such act or oritissior~ as aforesair'. (3) The persons to whom this section appliesare the returning officers, assistant returning offcers, presiding officers, polling officers and any other person appointed to perform any dut y in connection with the receipt oF nominations or withdrawal of - candidhture or the iecording or counting of votes at an election, a d the wrpres- ssion "official duty" shall, for the purpose of this section, bc construed accord- ingly, but shall not include duties imposed otherwise than by or under this Act. Kemoval of 25. (1) Any person who at any election fraui!uh~tly takes, or attempts to take, ballot papers a I~allot paper out of a polling station, or wilfully aids or abets the d oing of any such from 'polling nct, shall be punished nit11 imprisonment for a term which may extend to one y a r or statiofi to be with fine which may extend to five nul~clred rupees or with both. an offence, (2) If the presictinp officer of a polling statiol- has reason to believe that any rerson is committing or has comn~itted. an offence pwiishable under sub-section (I), such officer mo y. before such person leaves the polling s!ation. arrest or d irecta polict oKcer to arrest such person and lnav search such per so^^ or muse him to be searched by a police office1 : Provided that when i t is necessary to cause a wonlan to bn search-~~l me search rCall b made by another wnmnn with strict regard to ciea:ncy. . ; i '52 TAMIL NADU GcTveRNMENT GAZETTE EXTUORDLMABY ,-a. . .. - : -- --- : (3) Any ballot paper found upon the person arrested on solrch shall be handed over for safe custody to a police officer by the presiding oqcerby, or when the search is made by a police officcr shall be kept by such ofticer in safe custody. (4) An offence punishable under sub-section (1) shall be cognizabIe0 Othen offence 26. (1) No person at an election shall&, and ~enaltlcs, (a) fraudulently deface or destroy any nomination paper; or I (b) fraudulent.1~ deface, destroy or remove any list, notice or other document - affixed by or under the authority of a returning officer; or* (c) fraudulently deface or destroy any ballot paper or the official mark OD any ballot paper ; or (d) without due authority supply any baliot paper to any person or receive any ballot paper from any person or be in possession of any ballot paper; or (e) fraudulently put into any ballot box anything other than the bdlot papt r which he is authorised by law to put in ; or ii ( f ) without due authority destroy, take, open or otherwise inFerfere witb sny ballot box or ballot papers then in use for the purposes of the electlon ; or (g) rA,:d~leiltly or without due authority, as the case may be, attempt to do a*., of the foregoing acts or wilfully aid or abet the doing of any such acts. (2) Any ?erson who contravenes the provisions of sub-section (1) shall- (a) if he is a returning officer or an assistant returning officer or a presiding officer at a polling station or any other officer or clerk employed on official duty in I connection with the election, be punished with imprisonment for a term which may I extend to two years or with fine or with both ; I (b) if he is any other person, be punished with imprisonment for a term which may extend to six months or with fine or with both. (3) For the purposes of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election or part of an election including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election, but the expression "official duty" shall not include any duty imposed otberwise than by or under this Act. (4) An offence punishable under clause (b) of sub-section (2) shall be cognizable. 'Prosecution ' " ' ' 27. No court shall take cognizance of any offence punishable under section 19 ~egarding or under section 21. or under clause (a) of sub-section (2) of section 26 except on a certain election complaint in writing, by order of or under authority from the Government. offences. Requisitioning 28. The Tamil Nadu State Election Commission or any officer duly authorised of buildings, by the Tainil Nadu State Election Commission in this behalf may, in additioo vehiclas, ctcle to thc building belonging to the Central or State Government or the local I'orcJection ' bodies or educational institutions, requisition on such buiIdings,or vehicles at such purposes. rates as it dcenis fit for the purposs of conducti~g tbe elections. - - - . -- -- - -. _ _ - -- ---------- _ _ TAMIL. NADU GOVERNMENT GAZETTE EXTRAORDI.&A RY - 53 - -- - - 29. The following shall be deemed to be corrupt practices in relation to an election Corrupt to a municipality for the purposes of this Act :- practices. (1) "bribery" as defined in cluase (1) of section 123 of the Representation of f 1951. the People Act, 1951. (2) "undue influence" as defined in clause (2) of the said section. (3) The systematic appeal by a candidate or his agent or by any other person to vote or refrain from voting on grounds of caste, race, commurity or religion or the use of or appeal, to religious symbols or the use oCor appeal to national symbols such as the national flag or the national emblem, for the furtherance of the prospects of that candidate's elect ion. (4) The publication by a candidate or his agelit or by any other person of any statement of fact which is false and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate, l or in relation to the caneidature, or withdrawal from contest of any candidate being a statement reasonably calculated to prejudice tile prospects of that candidate's election. (5) The hiling or procuring whether on payment or otherwise of any vehicle or vessel by a candidate or his agent or by any other person for the conveyance of an1 elector (other than the candidate himself and the members of his family or his agent) to or from any polling station provided in accordance with the rules made under this Act : Provided that the hiring of a vehicle or vessel by an clec or or by several electors at their costs for the purpose of conveying him or then1 to or from any such poIIing station shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired i ; a vehicl: ~r . *q~r .1 not propelled by nechanical power: Provided further that the use of acy public transport vehicle or vessel or railway carriage by an elector ac his own cost for the purpose of going to or coming from any such polling station sh:ill not be deelned to be a corrupt practice under this clause. Explanation.-In tllis clause, the expression "vehicle" means any vehicle used of capable of being used for the purpose of road transport whether propelled b9 mechanical power or ~other:rise and whether used for drawing other vehicles O t otherwise. (6) The holding of asy election meeting in which intoxicating liquors are served. (7) The issuing of any circular, placard or poster having a reference to electior? , which does not bear the name and address of the printer and ~ublisher thereof. (8) The &ion of the candidate in havin; incurred the election expendi- L,lrc more than the ceiling prescribed by the Tamil Nadr\ State Election Commission. - (9; Any other practice which the Governme~~t may, by ml@, spedfy to be a corrupt practice. DISPUTES REGARDING ELECTIONS@ 30. (1 ) NO election of Chairperson or a counci1lor shdl be called in %etion ~ ~ t i o m t b qaestion except by an election petition presented to the principal ~ i s t r ic t ~udge of the district in which the municipality is situated within forty-five days from the. date of the publication of the result nf the electim under this Act. (2) An &ct io~ petition calling in question t ny such elsfion m y bo rmnted as ifled in sub-sodion (4) by any candidate at such c l ~ ~ gy any doctor xc ward conaraod or by a* returned candidate ind i v i d d v cw jsintlv 54 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY - --- -- - -/ * -I (3) A petitioner under sub-section (2) shall implead all the candidates at the election as respondent to his petition. (4) An election petition,- I (a) shall contain a concise statement of the material facts on which t lie petitioner relies: (b) shall, with sufficient particulars, setforth the ground or grounds on which the election in question is challenged; and (c) shall be signed by the petitioner and verified in the manner laid down in Central 4ct V the Code of Civil Procedure, 1908 for the verification of pleadings. of 1'3,)5. I Grou.ds for de- 31. (1) Subject to the provisions of sub-section (2), if the Principal claring electioos District Judge after hearing the contesting parties is of opinion:- to oa vo~d. (a) that on the date of his election a returned candidate was not quali- fied or was disqualified to be chosen as councillor or Chairperson under this Act, or (b) that any coriupt practice has been committed by a returned candidate or his agent or by any other person with the consent or connivance of a returned candidate or his agent, or I (c) that any nomination paper has been ilnproperly rejected, or I (d) that the result of the election, in so far as it concerns a returned c;:rndidate has been materially affected - (i) by the improper acceptance of any nomination, or I (ii) by any corrupt practice committed in the interest of the returned candidate by a person other than the candidate or by his agent or a person acting with the consent of such candidate, or agent, or (iii) by the improper acceptance or refusal of any vote or recltption of any vote which is void, or (iv) by the noncoln 7liance with the t>rovisionr4 of t,lis Act or 01' a n y rules or oroers made thcreui,dcp, the Pr in~ip~J District Judge sl;all ..eclare the electiou of the ret t~~nzti ca~uidatz to be void- (2) If in tl:e oainlon of ths Principal Dislrict Judge a returuzd candidate has been guilty by .tn agent of any corr.upt piactice, b~it tile Principal District Judge is satisfizd-. (a) that no sucll cor ru~t practice WCIS co'nmitte ' at the election by t!;e cadidate and every ruch corru;.t prucilzo wa5 con:ll~;tted contrary to the orders and without the coxsent of the candidate; Cb) that the canlli~ate took ali reasoilable me.uls for prevei~ling tile commission of corruot ,lrdctice at the electioa; a.ld (c) that in all other respects the election was free from any corrupt practice on the parc of the candidate or any of his agents, then the Principal District Judge may decide that the election of the returned candidate #:: is not void. i)isqualification 32. (1) Subject to the provisions of section 35, a councillor or a Chairperson of Chairperson shall cease to hold office as such, if he;- 01 Councillor. (a) is sentenced by a criminal court to such punishment and for such I . offohce as specified in sub.sectioa (4) of section 12; . . I (b) - is convicted of sp offence puoisnable under. the Pmt~.ction 6f fzntral Acq Civil Unnts Act. 1955, of 1956. - - - - - - - --- - - - -- _ ---__-_ . - -.c .-a (c) bocome~ a unsound mind; Id) is an insolyent ar applies to be adjudicated as an inso!vent; Se) subjc? 1,o the p~ovis,o to ~ laurc (c) of rub-rectipn (6) of sectibs . . 12, acquires any lntqgst d~rcctly or indirec$,ly, by himsejf or his Qartner, in any subsisting contract made with, or work being done for, the municipai~ly ; (f) is bzing employed as paid legal practitioner oh behalf of the rnunid- pality or accepts ernploy~nent as legal prdctitioncr against the municipality; (g) . becolnes a ?presentative 'or ~iQce beprer of any ars&iati~n gr union representidg or purporting to represent any section of the muilic~paj establishlnent d % or any class of employees 'of the municipality; I I (k) ceases to be a voter in the municipality in which the cdkncillor ' or the chair per so.^ was elected to snch office providetl that the deletion of his name from the electl~ral roll is on his own volrrton. (1) fails to attend the meetings of the council for a period of three consecutive meetings beginning from the date of the commencement of his term of office or of the last meeting, he attended as the case may be. (2) Notwithstanding anything contained .in clause (a) or clause (b) of sub- section (I ) , the Tamil Nadu State Election Commissioner may direct that sucb convi- ction or sentence shall not operate as a disqualification. . # (3) where a 'csass, tO'b5 s oouncillor or chairperson undk clause (a) or piause (b) of sub-section (1). ho shall be restored to office for such . . portion of the period for which he wqs qlected as may remain unexpired at the .' a date of such restoration if and when the conviction, sentence or order 1s annulled on appeal or revision or the disqualification caused by the conviction or ~n tence or incurrred under section 12 is removed by an order of 'kaml Nadu State Election Commissioner, and any person elected to fill the vacancy in the. interim period shall on such restoration vacate office. (4) In the case of a person who ceased to be .a councillor or ChairpePson In consequence of failure to attend meetings, the matter s5atf be reported by the Comm~s- sioner at the next ordinary meeting and the council may qtihat qwtting ~ s t g r e such person to office : ' Psov~ded that the council may consider thc restoratiop of :office of snch personon the application made by him in this behalr and such restoratior c7~all not be made for more than twice duqing his tenure of.office. Acrt 44 33. Notwithstanding anything contained in the Oaths Act, 1969, every Oath or affb person who is uleoted to be a Chairperson or a counciflor shall before taking &IS office mation t& be or seat, make at a meeting of .the council a n Oabh or atfirmation in accordance with itlade by Chair- the manner prescribzd. person' and councillors. 34. (1 j The Chairperson may resign his o R i ~ ,by giviog pqtice in ,p . ! s ~ p and in R a i g a a t ~ of writing to the C~.nrnission"~. The Corn nissian:: sh~l l , after verifyfng he bona- Chairperson, f ide ;gf S jch ,notisj, coilvene a ,s )-;la1 \II>,&~~J pf tpe cooqcil ~ i t h l p 9evt.n days oounoillor from the date of receipt of such patice an? p\a@,i;t befqe tb$ ,Council' :pd such and member speci~l m d n g shall bs p r s i d d over by the Dep$y ,C@yperson or n h1,s &?q= and h by any one of the councillors present at that meeting and elected by t e counc~lkors Chairperson prerpt qt that meeting. ~ q c h rssi patipn ph@l ,@k~ eft@ from tJ$e date on of Cornmitt*. which it is plaqed betqe the gpdqi$meetlng ot ~h^e cou ncll. (2) The ~ e p u f ) Chairperson or any councinor other than the Ghalrpmon or ' any membef pr Chahperson -9f any Comtpit- may resign his office by ,$$ng I notice iin person an l wntrn@ to thi Chdigztp~,. "Tqe GI~airp?rs'dn lshfl, . ! '. -,, aftei verifjind Ehs .bonk8de'of such' irbfice, wtth~n a peridd 01 fiv: a@$ &om, . -,. -, . the .fate of receipt of notice, a:cept such redgnatioi~. Such resignation 3&% take effect from the date on which i t is act=> ted by t l ~ : Chairparson. T - . P -- - n q ' - - 4 SL, -4 AMIL NADU GOVERNM EN7 GAZET'L'E EXT'RAORDINARY - - -I- . .. _. - .-,,i . .. - - - .-- -- -.-- ~ajrision on 35. (1) Whonever i t 18 all@ cd that any person who hlrr k e n ckctw M u J or 4 kir~ *:I+,# rr $ / luakbv j ,I,*, wr,,,,+ 12, r , , &,,fin 3, 6, ug,tu,,, 41 UIH, p t ~ n t d ~ H J I tcdslt the r;lo@l,on or whcnsvor any counolllot or char r- person Is himself in doubl whether or not he ha8 become so disqualified for office, ' r Chujrpor~otl, suuh councillor or C'hairpcr ron or any othcr councillor may and the 'clmnjrrujoncr, #I flre rcrlrrrst ol fhc council or ('hitirpmron or 8 direction from Ilrtr (l~lvsrrirnorrl, shnll upply 1 0 the I'rinclvar r~rscrrcc Juc'gr of the District in wlticlr I ho municipslrly i a si1uirtf:d. (2) 'l 'l~o eaid i'1rncipe1 Distriot J u d g aiter "making S U C ~ inqriry as he deems necessary shall detern~ine whether or not such person is. disqualified under section 12, section 31 or section 32. (3) Pending the decision under sub-section (2), the councillor or Chair- person shall be entitled to act as if he was not disqualified. - (4) (a) Any councillor or Chairperson may and the Commissioner, at tha request of tho council, or on a direation from the Government shall, appeal t o the High Court agaii~st any decision under sub-section (2). (b) No such appeal shall bo entertained after the expiry of thirty ' days from the date of the dec~sion appealed from, unless the High Court is ' satisfied that the appellant had sufficient cause for not prefer ring the appeal within- those days. CHAPTER IV. COUNCf L, COMMlp17EE, UHAI RPERSON, COUNCILLOR. COMMis- SlONER AND CONST!TU?lON OF hlUNICIPAL SERVICE. uniciptrl 36. For the efficie1.t rerformance of the fu11ctio1.s of a n~ur~icipality there ~thorities. sl all be the following municipal mtnorities in the municioality, nan~ely :- (a) a Cout?cil, (b) a Chairperson, (c) Stand 1n.g Committee, (J) Wards Committee, and (e; a Commissioner, lnditution 37. (1) Subject to the provisior,~ of this Act, the muntcipalal ministration sbaQ cour;cil . vest in the council and the council shall corf~st of the fo l l c~ ir,g xpembers. namely :-- ( i ) electe ' courcillui s, i- c1ui.ir.p Chairrerson : (3) members of tale lit,crse of the People and the members of the State. Legislative Assembly representing the constituency comprisrng the whde or any .... . part of the municipality; and . I . . . (iii) the members of the council of States, who pre ~epistered 8s elector - j . . within tbe area of the municipality : I ,-.. Provided that the member referred to in clauses (ii) and (iii) shall be entitled to take part in the proceedings of the council but shall not 1 aye the right t c . . .. ' vote in any proceedings of the council : . I I ' Provided further that the members referred to in clauses ( 1 1 ) and (iii). shall cease to be members of the council on the cessation of the omce aa mcmbero of the Legislative Assembly or the members of the Paeiament. (2) The term of office c f the councillor shall be flve years on and from the dnto notified by tho Tamil Nadu State Election Ccmission for assumption of such o l c e u oouncillw. TAMIL NADU--GOVERNMEM' GAZETTE B X ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ \ . - -- --- 5\ -- - ----- - - - - - - - --- ---- --_ _ . . _ ._______._ __ ____ .-- . * (31 Seats shall be reserved for the persons belonging to the S&duled Caste, ?no the Scheduled Tribes in event municipality and the number df seats SO re~erved -shall Gear, as nearly as may be, the same proporfion to the total 0" ~ I ) ~ C P Seats to be filled by direct election in that municipality as t11e j:opulation of +he Scheduled Castes in thct municipal area or of the Scheduled Tribe? i q that municipal area bears to the total population of that area. (4) Seats shall be reserved for wcinen balonging to the Scheduled Castes and the Sched~lled Tribes, from among the seats reserved for the persons belonging to the Scliedtled Castes and the Scheduled Tribes, whtcl! rhall not be less that; vne third of the total nunlber of seat5 reserved for the persons belongi.ng-to the .Scheduled Castes and the Scheduled Tribes. ( 5 ) Seats shall be reserved for women in the munici ality and the number of rests resrmed for women shall be not less than one third 8ncllrding the number of , seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats in the munlcipality. , , '(6) 14e seats reserved fcr the persons belonging to the scheduied ~aa fe s and +he Scheduled Tribes under sub-section (3) and for women under sub-section ( 5 ) shall be allotted by rotation to different wards i n the municipa!ity in such manner , as may be prescribed. (7) The reservation of seats under sub-sections (3) and (4) shall cease to have effect on the expiration of the 'period specified i n Article 334 of the Constitution. 38. (1) la) The offices of the Mayor of thc corpsrations in this State shall be Reservation rekerved for the persons belonging to the Scheduled Castes or the scheduled Tribes offices of dnd the numbt?r of-officts so reserved shall bear as llearly as inav be, the same Mayor in proportior, to the total number of ofliceti .in all the corporatibns in the Slate as Municipal the population of the' Scheduled Castes in all the corporations in the Statelor the Corporation Scheduled Tribes in all the corporations in the State bears to the total population for membes~ of all the Corporations in the State: of Scheduled Castes or Provided that where no office at Mayor can be reserved foratbe persons Scheduled belonging to he Scheduled Castes or the Sc~ieduled rribes based on the total per- Tribes and centage of population c,f :h2 E"h~d?lled Castes and the Scheduled Tribes in all the for women. Cotporatiops, one of f l~e of Mayor of a Cotpotation having tne highest percentage of population of the Scheduled Castes and the ~chedi!1ed Tribes shall be reserved for women belonging to the Scheduled castes or the Scheduled Tribes out of the total number of offices o.C Mayor reserved for women under clause (b) . , . .. I* X . -.. . z. . F, ;'-.. ', .. ' - 4 , ; (b) The offices of the Mayor in the State shall be reserved for women and ,L*r . "! the number of offices so reserved for women sliall not be less than one tbird of the total number of offices of' the Mayors in the State: a . . Provided that the offices of the Mayor reserved under this section Shall be allotted by rotation to different municipal corporations-in theestate in such mapner as may be prescribed before tile general elections to tile municipal corpnra?ion ~n tho - State. , . 2 . I - (2) The reservation of o f f l ~ ~ s of Mayor under tdis section shall ceasc'to have effect on the 7xpiratinn of the period specified in Article 334 of the Constitution. all the municipalities in the State. * , r- (b) T l~e of the Chairperson of the municipalities shh'll be reserved iot women belonging ta the Scheduled,Castes and t he,Scheduled T~iw fro? qmo ng the oft lces resen ed for the person belo nging to the Scheduled ' Castes hno the Scheduled Tribe! whi.ch: shall n ~ t be less t@n one thkc1,ofthe t~tal.nuq-r%~offl*~ reserved ior the Scheduled Castes and the Scheduled ~ri'bes. -7 . % - n o ' A 58 CP IAML! NALJU tiOdfiRNMENT GAZETTE EXT'KAOKDINARY . . . .. ,),. - ..,, .-. -. +.- - . - ,." .--. ...--..**"- '"T '*. -.-. C .PI. - . . . ~ . . . . . - (2) The offices of the Chairperson of the municipalities shall be rcserved for women and the number of cffic~s reserved for women shell not be less than one tbih (inclvding the number of ofEces re,ser,ved for women be,longing to ,,the Scheduled Castes and the Scheduled Tribes), af the total number cf oBces of the Chairperson of the ~~~unicipalities in the State: Provided t h a ~ the cffices of the Chairperson of the municipalities rekrved under this section shall be allotted by rotation to different municipalities in such manner as may. be prescribed. (3) The reservation of off2ees of the Chairperson under sub-section (1) sha@ cease to have effect on the expiraticin c f the period specified in Article 334 of the Cc nstitution. - total number of (b) he offices of the Chairperson of the town panchayats sball b *served for women belonging to the Scheduled Castes and the Scheduled Tribes from amotlg #epfflce~ resewed for the pers pas be1,opging tg the Scheduled Castes.and the ScheduletB Tr~ks which shall not be 1el;s than onethird of the total number of oflces reserved for the Scheduled Castes and the Schedllled Tribes. . (5) The offlces of tbe Chairpergn of the town panchayats shall,be,~ewq,yqd for womeq and $.he qilrnber ~f offices reserved fcr women shall not l e ~ t l g p cms-tbiyd.(inclt;rding tjie n~:mber,of offices reserved for women belongipg. $@cduled ,,Castes and-tne..Scheduled Tribes), of the tda i m.mber of cffices Q t i town panchayats in the State: 'P 'tl" Provided that the oflces reserved under su b-sections (4 and (5) shall be allot- t* by tolgtbd tcf difRren1 town pa&hs$ats iii such fiather ah rhap be firescribed. e, , . (# ?fie-resesneftati n of odqs-,of ;be C&ai?silpepo.jis,. under sd%-&iciidd (4 *@ill. Wde td ha#d eftid 08 *lib expiiatidd of ihk penotl spkiified in k f d d 3% tKe Cij~Gtituttttii;. d Pavers and mnctions of Qundlf, 40. /I) The following shall be the functions of the council,- ( i ) constructidn dad m'aintentihm ot roads, culverts ahd dtians wbith ti& under the municipality and those transfetred by the Governmefit io tlie n@nf~ipality: (it) e,xecntibn and mainttnan'ce of whtei supply Scheme!; required for domestic, itidu$tr~al or corfimercial .iirposesj except ih tlie aantcipallty wirhere therb is a sipamie e tXUth0tity to *hi& Sat: functions are assigned; (iii) protection of public ponds and fountains; (iv) nlaintenanci of sewefage dnd drainage schemes except in tke municipality where there is a separate authority to which such functions are assigned; (v) destruction of stray dogs; , (vii) rep la thn of sele of meat; fish and other perishable food items an6 sde of other conusmer itemti; (viii) regulation of dangerous trades or trade practi-ces; TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY - -. - - . - -I-. - -I-?- - . 59 - I 7 . . * . - I t - - ---- . *-I --- - 4 .... . -- . . (xi) establishment of public comfort stations, Iamne and bathing places; (xii) construction and n~aintenance oi parks, gardens, play grounds, traffic islands in the urban areas: . . (xiii) opening and maintenance of public burial and burning groucds and. electric crematoria; (xiv) registration of births and deaths; (xv) installation of street lights and their maintenance; (xvi) pramding parking p k c s for irkhieleg including-taxies and autoriekshaw*; (xvii) public health matters iilcluding vaccination and innoculdon; ' ( d i i ) mi4nte;nanct of public m'aikets, shbpping wmplexes, bua stands; rest houses; (xk) solid waste management; 1 (h) prevention or removal of obstructions and projections in or uport streets, bridges and other public places; i i (xxi) numbering and naming of streets; , . 1 (xxii) regulation of hoardings and advertisements put up fpr public view on public or private land t (xxiii) civil reception to persons of distinction; and (xxir) organisation of fairs and exhibitions. (2) The council may carry out any work or perform any of the fpnctiom or implement the scheme!, delegated to the council, by notification, by the Government; subject to such condioons specified therein in relation to all or any of tht4olh9ving matterl,-- (i) urban . pliinning including town planning; (ii) regulation oi land use and constructioh of buildings; (iii) regulation of slaughter house and tanneries; (iv) planning for economic and social development; I fv) fire ~ervices; (vi) urban forestry, protection of the environment and promotion of ecologicd (rii) safeguarding the interests of weaker sections of society, including the - handicapped and mentally retarded; (viii) slum improvement and upgradation; . .- (ix) urban poverty alleviation; [x) promotioxi of cultural, educational and aesthetic aspects; an i . . (xi) cattle pounds, prevention ot cruelty to animals: Provided that no such notification shall be issued without consulting the adminis- trative depnrtrhent concerned with the subject. (3) The council shall also have Dower- (i). to ciirr.*t tb p"cLe~% and furictionb vested in the c6umil h i isbMoM with ihd gdvi o d bf his Act;. 1 1 . r e ' I I - to--. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINA RY -- --- - ' - -I -_I_-- -- I - A (ii) to consider all ztatters placecl before the Council and to take approprratt: decisions by passing I zcessary resolution in this regard; (iii) to consider all the periodical ~tatemen's of receipts and disbursement and all progress reports and pass such resolutions thereon as it deems fit; (iv) to constitute standing committees; . . . . .., .. . . . . . ("1 to constitute special c~lninittees, if considered necessary; (vi) to delegate to th': Chairpvson, standing committee, wards committee, ot'anyother c~rnmittee, such p,,ders"otlisr tna.1 L I I 1.2 ..xpfekly pr~\~ided under this Act subject to such conditions as may be prescribed: and - (vii) to prepare economir and development plans every year for the munici- pality 'in accordance with the: g~iileli~es'prescri bed and forward such draft .plan to the District Planning Committee having jurisdiction over the mun~clpal~ty. Explanation.--For the purpose of this clause, the Dist!ict Planning Cqrqmittee ~ a m i l shall mean the District Planning Committee bavirg jurisdi~tlon over the , - mu~~lcipahty Act co'nstitdted under the Tami: Nadu Panchayats Act, 1994. 1994 Constitution 41. The Government may. by notification, and with the concurrence of ths of joint local authorities concerned, constitutejoint committee or special committee committee, or comprising such number of members and in such manner and for'carrying out ' , I . special cpm- such specific functions as may be prescribed. mit tee. Resolutioo 42. (1) The Commissioner shall give e!?ect to every resolution or order of the and orders o council unless such resolution or order is mcdified, suspended or C 8 celled in council, whole or in part by the couilcil or by the Director or bv tl,e Government as the case may he. . , . 1 . ' I .. . . . (2) If in the opinion of the Commissioner, any resolution or order of the council contravenes any provisions of this Act or any other Act or of any rule,notification, by-law. regulations made or issued under this or any other Act or any order passed by the Government or if there is no provision in the budget of the council authorising the doing of any action contemplated in such resolution or orderor itvolves expenditure in excess of the amou'nt provided for in the budget of the council, or if there would be any miscarriage of justice in the implementation of such A resolution or order relating to the municipality, he shall refer within a period of not less than seven days from the date of passing such rehL!,ltion dr order, the matter to the Director for orders and inforr- +he council, of the action taken by him at its next ordinary meeting. The Commissioner shall not give eflect to the resoluti n until the orders of the Director n ~ I I h reference are received. (3) The Director on satisfaction t h ~ t B U C ~ resolution or or~.er of the I c)uncil c0ntraver.e~ all or any of the grounds referred to in sub-section (2), may cancel the resolution or or er : I * P ovided that no resolution or ctrder of the council shall be cancelled by the Direclor unless the council conckrned is given a reasonable opportu~ity to mahe any representation withln the time stipulated by the Director. (4). , Where the ~ ~ r z c t o r is of the opinion that in respect o f any resolution referred30 him under sub-section (2) or involves a matter of g eat p~blic interest o r would adve-sely affect any inte est of the Government, he may for I easons to be recoded in w:iting, -efer the matter to the Government and, the decision of the Government the ein shall be final. 1 . ( 5 ) Wlle e the Collector of the District is satisfied that the execution of n revolution ~assed by the council other than the resolut~cm passed by the oouncil of any municipal corpo ntion or eider of.contin~ ance in foice qf such licence or pel mission issucd by such niuliicipalities other than the municipal cospo ration .b likly..tc) UbuW ~Ifoagcr to I!UIII:UI beings .health 0-[ $get1 (orjs likely to, lead to a slot or tlil litfray, he muy suwend SI ch 1 esolut 01-Qer, tijcence ;tr pel &joq+ irq- r\ r hc case mny be, and report to the Dire:tor wlfd -fray aele hdoa; .aft&? &i,,k fie 5' ---- -- - - _ _ _ __ -- - - - - _ _ _ - _ --------------v--*w-- - 1 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDTNARY 61 -Ym authority or person concerned a leasonable oppo: tunity of being 1 eard either rescind the Collector's order or direct its continuance in force with or without modifications, permanently or for such period, as he deems fit. 43. (1) Any councillor may call the attention of the Commissioner or the Duties Chairperson to any neglect in the execution of m~inicipal u o ~ k , or to any Haste and powcls of municipal property or to the basic needs and civic requirements of any of councillor locality and may suggest any improveme~~ts which he considers desirable. (2) Every councillor shall have the right to interpellate the chairperson in any council meeting on matters c o ~ e c t e d with the municipal administration subject to such regulation as may be framed by the council. (3) Every councillor shall have access during office hours to thc iecords of the municipality after giving due notice to the d-wnissioner: Provided that the Commissioner may for the reasons given in writing forbid such access. The councillor may appeal against such order of the Commissioner to the Chairperson and any pcrson ag rieved by the order af the Chairperson may prefer an appeal to the Director w%ose decision thereon shall be final. 44. (1) (a) There shall be a Chairperson in every municipality who shall Chairparson be elected by the persons whose names appear in the electoral rolls relating to of munici- the -wards of the municipality in accordance with such procedure as may be pres- pality. mibed. (b) Where at a general or mid-term election, no Chairperson is elected, a fresh election shall be held. (2) The election of the Chairperson may be held ordinarily at the same time and in the same place where the election to the councillors of the wards are hey. I (3) The term of office of the Chairperson shall be flve years on and from ' the date notified by the Tamil Nadu State Election Commision. (4) A casua1 vacancy in the offlce of the Chairperson shall be fllled by a fresh election and a person elected as Chairperson in any such vacancy shall enter upon office forthwith and hold office only so long as the person, in whose place he is elected would have been entitled to hold office, if the vacancy had not occurred. (5) The Chairperson shall be an ex-officio member of the council and shall have all the rights and privileges of an elected councillor of the council. (6) The Chairperson shall be an ex-officio member of every standing com- mittee, wards committee and of other committees e rcept Taxation Appeals Com- mittee or Taxation Appeals Tribunal, as the case may be, but shall not be eligible to be elected as the Chairman of any standing committee or wards committee: Providea that the i l ~ d i r p ~ s ~ r , hal l not have right to :vote at any meeting of the Standing Committee or any wards Committee. 45. The Chairperso11 of a municipality shall.-- Powers and dutiesaf (a) convene and preside over all the meetings of the council : Chalrpcma provided that in the case of election of Deputy Chairperson, the meeting shall be convened and resided over by aii officer nominzted by thc Tam11 Nadn State Election Commission; (b) exercise all the powers and perform all the dutied conferred or irnpisd od him under this Act; (c) co-ordinate with the Commissioner and committees oonstitited under this Act in the manner prescribed; (dl have the power to inspect any municipal work, project. or other scheme; (e) exercise such powers in regard to the approval and executibn of any work, project, scheme relating to the municipality subject to such limits and .. * 4 , . - . procedures as may be prescribed: (f) exercise such powers of the council as may be delegated to him by thr! council in accordance with such procedure as may be prescribed; Sted 62 - - TAM$& NADU GOVERNMENT GAZETTE EXTRAORDILqARY . , ... . Dewty jC&ir-. person of municipality. Deleption of funct~ons of Chairperson to councillor in absence oi Deputy Chair- person. ::s;,.: :. .* : :< * ' : P;..! <. . . ., & pay-:& :'. .:. , honoraria, fees, or a1)owances to chairperson, Deputy Chair- person and councillor. Constitution of wards committee. (g) carry out such works and perform such duties in regard to aay rqatteB which may be ~ . - + r ~ ~ s t e d to him by any notification issued by the Government and subject tn such ternis and conditions as may be in~p.~seg in the said notification. 46. (1) There shall be a Deputy Chairpsrson in every municipality who shall be elected by !he councillors of the respective municipality from among themselves . , in accordance with such procedure as may be prescribed. . (2) The tesm of office of the J2epuly Chairperson shall be five years on and from the dal e notified by the Tat) il Na& State Election .Commission f o ~ assump- tionofoffice and the term expires on the expi;y of the term of the counc~l. (3) ' Tlie Deputy Chairperson shall be deemed to have vacated (his office on cessatipn ,of -his off ice as a councillor. ; 4.43. . Tj~e C h 4 r ~ o p may, io wri$iag, delegate sny of t he-powers c r f q m ~ o n s vested under thjs*Ad wjth the a proyal of the couucil, subject fo such conditions as nlay be specified therein to t I! e Deputy Chairperson. - , (5). In the event of the occurence of any vacancy in the office of the .Chair- person 'by reason of his death, resignation or removal, or otherwise, the Deqnry Chairperson shall act as Chairperson until the date on which a new Chairperson is elected In accordance with the provisions of this Act to fill such vacancy and enters upon hrs office. .. ' . . 16). @) the Chairperson is u,nab!e to dipcharge his functiops owing to absenoe.:..df i\ln~ss gr. for any other cayse, the Chairperson may, ic writing, authol'is* the Deputy Chairperson to discharge his functions u&il the date on w&ch:the,,Chair~~oqresymeshisdytjes. . , . ' I . (b) In case if the Chairperson fails to authorise the Deputy Cha&cpermn- awj if the .Cha@perwn c;ogtinuo!+~ly a*.@ fof rpp1-e &than fifW.-:dws wing to iLI,nws ;QJ for any o tba qqmn, @e pQwFrs and. - fw@ions pf !h.e C h a i ~ , q o n &all Ilevolve ,oa' the Dep~ ty Chair- persom #dl1 swh !tua .the Chpj~p:p~rwn paymes his &tie$. . 47. D~gr ig t$ first -ti0 qf the coovcll or ,$<om . p a e . to time, the council ]nay nominate f rom among' the 'counci~~orr. a oanel --d. th,rm ~@unciUgq 6.nd Qne . ,d ywq, ,in -,the qdq - of their Gmes nseAtiW 41,- t.& p ~ f , .sh@l merciw 11te payer+- a& . liq!i~m. .:dutias~ ~ f . Chairpepson subject $Q .s,wh .%rn;ls aqd ~oa$&Qons 3s ~ r ' .&9 ~msne.&ed b y tile counc~l ~ n t # suqb $ 1 ~ e 1% Ch9rpas:on 9,r~peJ;Hlty Chairperson, as the case may be, resumes his du, les, where for ;Iy aedson, t L d Chairperson and Deputy Cha~rperson are unable $0 ds- chargc their Cut.ctions owing to their abselice or illness :or away from the headquarters I ' 48. (1 ) From out ,of :the rnvni,cipal ;funds. such bw~carja,, .fees ,qr dhwances ru may be deterdned by the Goverlrnient may be paid to Chairperson, Deputy Chair. person' and .$be councillors. (3) The municipality shall place at the disposal of the Chairperson annvally by way of sumptuary allowance which shall not be more than iifty thousand rupees a ~ d diffment limits may be prescribed for different municipalities. , 43) l$otyjthstanB;igg anythingppgiined in @is Act, the receip! by any person of honorarium, fec or allowance as Chairperson, D ~ m t y CSlai~ per~on~or councillors as aforesaid, shall not disqualify him for being elected as, or {'or being a~ouncillor. Chairperson or Deputy Chairperson. . . . . % , , 49.1!) Tkeje @a4 he, co~~stit .ut~d, by tE: 5cy?~??ent, 9 notificatio~i,' syqb nuinber of wards comm i'tttks comprising territor;i+,l axea ,of s ~ c h @.vrrnber .of wa& . as may be specified in the notification wlthin the 'territoriai area OF the minic$rility ' ~braving.sr'~wuhtiou d'rth.ee .lakhs .or , awe and each z~a.r.4~ nornnnikm .&all consist of contiguow,,~g,&,. . . . .. . . . - . .. .. . . .. . .. . _ . . - . . . . . - - . . ; - . : . 1; :'WAMIL *'NADU'-GOVERNMENT * GAZETTE EXTRAORDINARY (2) (a) Each wards committee shall consi ,t of all the council- lors elected from the wards which are included in a wards committee, and one of the members elected from among themselves representing such wards committea in such manner as nlsy bl: prewribea shall ,be the Chairman of such wards committee. (b) Each wards committee shall have a separate ofEce loc8ted within the territorial limits of a wards committee concerned. (c) The staf? for each a c e of the wards committce shall be in accdana with the norms &red by the Government from time to time. ' r (3) The term of the wards committed and its Chairman and members shall be oo-tarminus with the term of the council. (4) The Gov tmen t may, in consultation with the municipality from time to time, by notification, alter the name, in- or diminish the area of any d committee spdciflad in the notification issued under sub-section (1) : Provided that the territorial limits of the wards committee shall not altered by the Government before the expiry of the term of ward8 wmmittce and bob dtend wards committee shall consist of contiguous wards. 50. (1) If, in the opinion of the Government,- Di~ohhioa of c o u ~ 1 . (i) the municipality is not competent to perfom or persistently makes default in performing the dutia imposed on it by law or exceed or abuses its power ; or (ii) that the meeting of the council could not be conducted for masons beyond the control of the Chairperson and the affairs of the municipality could not be carried on in accordance with the provisions of this Act and a report to that egect has been received from the Chairperson by the Government. the aovernment may, by notilkation,- (a) dissolve the municipality from a specified date; and (b) direct that the municipality be reconstituted with effect from a date which shall not be later than six months from the date of dissolution. (2) An election to reconstitute the muncipality sbr~lll be com~letrd tcfctc the expiration of a period of six months from the date of its dissolution. (3) Before publishing a notification under sub-s :&on (1) ,the Government ohall communicate to the council the grounds on which they propcse to do so, ax a period of not less than thirty days for the council to show cause against the pro- posal and consider its explanations or objections, if any. (4) Nothing contained in sub-section (1) shall afiect the a c e of 'the Commissioner. ( 5 ) On the date fixcd for the dissol~ticn of the council under sub-section (Q, all its memb:rs as well as the Chairperson, the Deputy Chairperson (including coun- cillors who are members of committees established or constit~~ed by or under this Act) shall forthwith be deemed to have vacated their offices and the persons referred to in clauses (ii) and (ii~) of sub-section ( I ) of section 37 shall cease to be represented in the council and fresh elections shall be held in accordance with the provisions of this Act. - (6) Dissolution shall take eflect from the date bp~cified In the notification and if no date is specified in the notification, from the date of puhlrca;rr,r~ ~hc. nofiiicafrrrrl and thereupon the following consequences shall (a) all themembers of the counci; as wcl lbC, [kc ( I 2:rr t . r . c.r a r k 11.c Cc1 ~ f y Chairperson (including couccillors v, ho arc: men b e ~ s c. f c c n rr i t t i c c c t c f l i ~ k c c ! or constituted by or under this Act) sh:.ll forthwith be deened to hale vacated ti.eir off ices ; (b) all or any of the functions of the council, of the Chairperson and or tbe committee established or constituted by or under this Act except the Taxatiou Appeals Committee may, during the period of dissol~ ticn, be exercised and per- formed, as far as may be, and to such extent as the Government may determine, by the Special Ofacer appointed under section 54 in that behalf. The Governn . t may aerermine the relations of such person with themseives. (7) The Government may reconstitute the Coun-i! b e f ~ i ~ the expir) ef period notified under sub-section (1). IV-2 Ex. (398)- 5 " ,. TAMIL NADU GOVBRNMENT7 GAZETTB EXTRA0RI)INQR'IT "kL.. . - - ---- ---- (8) All the newly eleoted councillors of the reconstituted municipaliq shall ' enter upon their ofices on the date fixed for its reconstitution and they shall bold ' their ofices only for the remainder of the period for which the dissolved munidpdity ' would have continued under aection 37, had it not beea dissolved. (9) When the council is dissolved under this section, the Government until I , , sthe date of the reconstitution thereof and the reconstituted council thereafter shall be extitled to all the assests and be subject to all the liabilities of the council w on , the . . date of dissolution and on the date of the reconstitution, respectively. Motion of no 51. (1) ~ u b j k t t o thaprovisi~ns~f this section, a motion expressing no confidence I p#j&nw against the Deputy Chairperson shall be in writing, signed by such a & Dbputy "number of elected councillors on date which sball not be less than one third of the &tp~on. total strength of t)e elected councillors on date and shall be delivered in person by "'any.two of the councillors, signing the motion, to the Directs