Tamil Nadu District Municipalities (Amendment) Act, 1978*
| [Tamil Nadu Act No. 23 of 1978]* | [3rd May, 1978] |
An Act further to amend the Tamil Nadu District Municipalities Act, 1920.
Be it enacted by the Legislature of the State of Tamil Nadu in the Twenty-ninth Year of the Republic of India as follows:-
* For Statement of Objects and Reasons, see Tamil Nadu Government Gazette Extraordinary, dated the 9th January, 1978, Part IV-Section 1, Page 117.
* Received the assent of the Governor on the 29th April, 1978, first published in the Tamil Nadu Government Gazette Extraordinary on the 3rd May, 1978 (Chithirai 20, Kalayukti (2009-Tiruvalluvar Aanduj)).
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu District Municipalities (Amendment) Act, 1978.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
2. Amendment of section 8, Tamil Nadu Act V of 1920.- For clause (8-C) of section 3 of the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) (hereinafter referred to as the principal Act), the following shall be substituted, namely:-
"(8-C) ‘Executive [authority’ means an officer of the State Government, or of the local authority (not being the chairman or vice-chairman or a member of the council), as may be specified by the State Government, by notification.".
3. Amendment of sections 7, Tamil Nadu Act V of 1920.- For sub-section (1) of section 7 of the principal Act, the following shall be substituted, namely:-
"(1) The municipal council shall consist of such number of councillors exclusive of its chairman as may be determined by the State Government, by notification and different notifications may be issued for different municipal councils:
Provided that the number of councillors so notified shall not be more than fifty-two and shall not be less than twenty:
Provided further that the power to determine the number of councillors shall not be exercised by the State Government more than once within a period of five years in respect of any municipality.".
4. Insertion of new section 7-A in Tamil Nadu Act V of 1920.- After section 7 of the principal Act, the following section shall be inserted, namely:-
"7-A. Election of Chairman.-The chairman shall be elected by the persons whose names appear in the electoral rolls relating to the municipality from among themselves in accordance with such procedure as may be prescribed:
Provided that a person who stands for election as chairman shall not be eligible to stand for election as a councillor:
Provided further that a person who stands for election as a councillor shall not be eligible to stand for election as chairman:
Provided also that no councillor shall be eligible to stand for election as chairman.".
5. Amendment of sections 8, Tamil Nadu Act V of 1920.- In section 8 of the principal Act,-
(1) in the marginal heading, for the word "councillors", the words "chairman or councillors" shall be substituted;
(2) in sub-section (1),-
(i) for the words "The term of office of councillors", the words "The term of office of chairman and councillors" shall be substituted;
(ii) in the proviso, for the words "the councillors", the words "the chairman and the councillors" shall be substituted;
(3) in sub-section (2), for the word "councillors" the words "chairman and councillors" shall be substituted;
(4) after sub-section (2), the following shall be inserted, namely
"(2-A) The election of the chairman may be held ordinarily at the same times and in the same places as the ordinary elections of the councillors of the municipalities.";
(5) in sub-section (3), for the words "A councillor elected", the words "The chairman or a councillor elected" shall be substituted;
(6) in sub-section (4), for the words "A casual vacancy in the office of the councillor", the words "A casual vacancy in the office of the chairman or councillor" shall be substituted;
(7) in sub-section (5), for the words "A councillor" and "the councillor", the words "The chairman or a councillor" and "the chairman or the councillor" shall respectively be substituted.
6. Amendment of sections 9, Tamil Nadu Act V of 1920.- In section 9 of the principal Act,-
(1) in the marginal heading, for the word "councillor", the words "chairman or councillor" shall be substituted;
(2) in sub-section (1), for the word "councillor", the words "chairman or councillor" shall be substituted;
(3) after sub-section (2), the following sub-section shall be inserted, namely:-
"(2-A) If at such fresh election held under sub-section (1), no chairman is elected, the council may suggest a panel of names to the State Government through the Inspector of Municipalities for appointment as chairman. The State Government shall appoint a person from the said panel suggested by the council to be its chairman and the chairman so appointed shall hold office as such only for three months or till a new chairman is elected, whichever is earlier.";
(4) in sub-section (3), for the words "a councillor elected under this section", the words "a chairman elected under sub-section (1) or a councillor elected either under sub-section (1) or sub-section (2)" shall be substituted.
7. Amendment of sections 12, Tamil Nadu Act V of 1920.- In section 12 of the principal Act,-
(1) sub-section (1) shall be omitted;
(2) for sub-section (4), the following sub-section shall be substituted, namely:-
"(4) A chairman shall be deemed to have vacated his office on his becoming disqualified for holding the office or on his removal from office or on the expiry of his term of office or on his otherwise ceasing to be the chairman.";
(3) for sub-sections (5) and (6), the following sub-sections shall be substituted, namely:-
"(5) A vice-chairman shall be deemed to have vacated his office on the expiry of his term of office as a councillor or on his otherwise ceasing to be a councillor.
(6) When the office of chairman is vacant, the State Government shall appoint a person who shall perform the functions of the chairman until a new chairman is elected and assumes office and until such time the State Government appoint a person, the vice-chairman shall perform the functions of the chairman.";
(4) for sub-section (7), the following sub-section shall be substituted, namely:-
"(7) When the office of chairman is vacant and there is either a vacancy in the office of vice-chairman, or the vice-chairman has been continuously absent from jurisdiction for more than fifteen days or is incapacitated, a person appointed by the State Government and until such time the State. Government appoint such a person, or the vice-chairman returns to jurisdiction or recovers from his incapacity, as the case may be, the Regional Inspector of Municipalities shall, notwithstanding anything contained in this Act or in the rules or notifications issued thereunder, be ex-officio member and chairman of the council.".
8. Amendment of sections 12-A, Tamil Nadu Act V of 1920.- In section 12-A of the principal Act,-
(1) in the marginal heading, the words "chairman or" shall be omitted;
(2) the words "chairman or" shall be omitted.
9. Substitution of section 14, Tamil Nadu Act V of 1920.- For section 14 of the principal Act, the following section shall be substituted, namely:-
"14. The chairman to be member of council and of every committee of the council.-The chairman shall by virtue of his office be a member of the council and of every committee of the council.".
10. Amendment of section 18, Tamil Nadu Act V of 1920.- In section 18 of the principal Act,-
(1) in sub-section (1), the words "including his functions as executive authority if he is also the executive authority" shall be omitted;
(2) in sub-section (2),-
(a) the words "including where he is also the executive authority his functions as such except those of promoting, withholding promotion from, reducing, removing or dismissing any municipal officer or servant" shall be omitted;
(b) after the proviso, the following shall be inserted, namely:-
"Provided farther that if the chairman has been continuously absent from jurisdiction for more than three months, the State Government shall in the manner prescribed appoint a person to perform the functions of the chairman".;
(3) in sub-section (3), the words "including his functions as executive authority if he is also the executive authority" shall be omitted;
(4) sub-section (4) shall be omitted;
(5) in sub-section (5), for the expression "under sub-sections (1), (3) and (4)", the expression "under sub-sections (1) and (3)" shall be substituted.
11. Amendment of section 30, Tamil Nadu Act V of 1920.- In section 30 of the principal Act,-
(a) in the marginal heading, for the word"Councillor", the words "Chairman and councillor" shall be substituted;
(b) in sub-section (1), for the word "councillor", the words "chairman or councillor "shall be substituted.
12. Substitution of section 31, Tamil Nadu Act V of 1920.- For section 31 of the principal Act, the following section shall be substituted, namely:-
"31. Power of chairman, vice-chairman or councillor to resign.-Any councillor or vice-chairman may resign his office by giving notice to the chairman; the chairman may resign his office by giving notice to the commissioner. Such resignation shall take effect in the case of a councillor or vice-chairman from the date on which it is received by the chairman and in the case of a chairman from the date on which it is received by the commissioner.".
13. Amendment of section 39, Tamil Nadu Act V of 1920.- In section 39 of the principal Act, after sub-section (5), the following sub-section shall be inserted, namely:-
"(6) If on a representation in writing made by the chairman, the State Government are satisfied that due to the non-co-operation of the councillors with the chairman, the municipal council is not able to function, the State Government may, by notification, authorise the chairman to perform, subject to the control of the State Government or any officer authorised by the State Government in this behalf, such of the duties imposed upon the municipal council by law and for such period not exceeding six months as may be specified in such notification. During the period for which the chairman is so authorised, there shall be no meeting of the municipal council.".
14. Amendment of section 18, Tamil Nadu Act V of 1920.- In section 40 of the principal Act,-
(1) in the marginal heading, the words "chairman or" shall be omitted;
(2) in sub-section (1), the words "chairman or" shall be omitted;
(3) in sub-section (2), the words "chairman or" shall be omitted;
(4) in sub-section (3),-
(a) for the portion beginning with the words "Any person" and ending with the words "to either of the said offices" the following shall be substituted, namely:-
"Any person removed under sub-section (1) from the office of vice-chairman shall not be eligible for election to the said office";
(b) for the words "six months from the date of the removal, whichever is earlier", the words "one year from the date specified in such notification" shall be substituted.
15. Amendment of section 40-A, Tamil Nadu Act V of 1920.- In section 40-A of the principal Act,-
(1) in the marginal heading, the words "chairman or" shall be omitted;
(2) for the words "Revenue Divisional Officer", wherever they occur, the words "Regional Inspector of Municipalities" shall be substituted;
(3) in sub-section (1), the words "in the chairman or ??? shall be omitted;
(4) in sub-section (12), for the words "chairman or vice-chairman, as the case may be", the word "vice-chairman" shall be substituted;
(5) in sub-section (13), the words "chairman or" shall be omitted;
(6) in sub-section (14), for the words "chairman or vice-chairman, as the case may be", the word "vice-chairman" shall be substituted.
16. Insertion of new section 40-B Tamil Nadu Act V of 1920.- After section 40-A of the principal Act, the following section shall be inserted, namely:-
"40-B. Removal of chairman.-(1) The councillors constituting one-third of the sanctioned strength of the council may, by written notice, presented by any two of them to the Regional Inspector of Municipalities (hereinafter in this section referred to as Regional Inspector), with a copy to the chairman, express their intention to make a motion against the chairman that the chairman wilfully omits or refuses to carry out or disobeys any provision of this Act, or any rule, by-law, regulation, or lawful order, made or issued under this Act or abuses any power vested in him. The Regional Inspector shall, on receipt of such notice, convene a special meeting for the consideration of the motion and record the views of the council, at the office of the municipality at a date appointed by the Regional Inspector. The motion shall be deemed to have been passed by the council if two-thirds of sanctioned strength of the council present and voting is in favour of it; and if it is not passed by two-thirds of the sanctioned strength of the council present and voting, it shall be treated as dropped.
(2) A copy of the notice of the meeting shall be caused to be delivered to the chairman and to all the councillors by the Regional Inspector at least three days before the date of the meeting.
(3) The Regional Inspector shall preside at the meeting convened under this section and no other person shall preside thereat. If, within half an hour appointed for the meeting, the Regional Inspector is not present to preside at the meeting, the meeting shall stand adjourned to a date to be appointed and notified to the chairman and the councillors by the Regional Inspector under sub-section (4).
(4) If the Regional Inspector is unable to preside at the meeting, he may, after recording his reasons in writing, adjourn the meeting to such other date as he may appoint. The date so appointed shall be not later than seven days from the date appointed for the meeting under sub-section (1). Notice of not less than three clear days shall be given to the chairman and the councillors, of the date appointed for the adjourned meeting.
(5) Save as provided in sub-sections (3) and (4), a meeting convened for the purpose of considering the notice for the removal of the chairman under this section shall not for any reason, be adjourned.
(6) As soon as the meeting convened under this; section is commenced, the Regional Inspector shall read to the council the notice for the consideration of which it has been convened.
(7) The Regional Inspector shall not speak on the merits of the notice, nor shall he be entitled to vote at the meeting.
(8) The views of the council shall be duly recorded in the minutes of the meeting and a copy of the minutes shall, forthwith on the termination of the meeting, be forwarded by the Regional Inspector to the State Government through the Inspector of Municipalities.
(9) The State Government shall, after considering the views of the council in this regard, by notice in writing, require the chairman to offer, within a specified date, his explanation with respect to his acts of omission or commission mentioned in the notice. If the explanation is received within the specified date and the State Government consider that the explanation is satisfactory, they may drop further action with respect to the notice. If no explanation is received within the specified date, or if the explanation received within such date is not satisfactory, the State Government may pass orders removing the chairman. The orders of the State Government removing the chairman from office shall be final. The orders of the State Government removing the chairman from office shall be published in the Tamil Nadu Government Gazette.
(10) Any person in respect of whom orders have been published under sub-section (9) removing him from the office of chairman shall be ineligible for election as chairman until the date on which notice of the next ordinary elections to the municipal council is published in the manner prescribed, or the expiry of the one year from the date specified in the order published under sub-section (9).".
17. Amendment of section 41, Tamil Nadu Act V of 1920.- In clause (b) of sub-section (3) of section 41 of the principal Act, the words "including where the chairman is also the executive authority its function as such" shall be omitted.
18. Amendment of section 48, Tamil Nadu Act V of 1920.- In section 48 of the principal Act,-
(1) in sub-section (1), for the word "councillor", the words "chairman or as a councillor" shall be substituted;
(2) in sub-section (2),-
(i) for the words "other than a village officer", the words "including a village officer" shall be substituted;
(ii) for the word "councillor", the words "chair" man or as a councillor" shall be substituted.
19. Amendment of section 49, Tamil Nadu Act V of 1920.- In section 49 of the principal Act,-
(1) in sub-section (1), for the word "councillor", the words "chairman or councillor" shall be substituted;
(2) in sub-section (2),-
(a) for the word "councillor", the words "chairman or councillor" shall be substituted;
(b) in clause (e), for the words "a councillor" occurring in two places, the words "the chairman or a councillor" shall be substituted.
20. Amendment of section 50, Tamil Nadu Act V of 1920.- In section 50 of the principal Act,-
(1) in the marginal heading, for the word "councillors", the words "chairman or councillors" shall be substituted;
(2) in sub-section (1),-
(a) for the words "a councillor", the words "the chairman or a councillor" shall be substituted;
(b) in clause (f), for the words "any other councillor" the words "of the chairman or any other councillor" shall be substituted;
(c) in clause (1) and in the proviso, for the words "a councillor", the words "the chairman or a councillor" shall be substituted;
(3) in sub-section (3), for the words "councillor or", the words "the chairman or councillor" shall be substituted;
(4) in sub-section (4),-
(a) for the words "a councillor" and "office or councillor", the words "the chairman or a councillor" and "office of chairman or councillor" shall respectively be substituted;
(b) in the proviso, for the words "a councillor", the words "the chairman or a councillor" shall be substituted.
21. Amendment of section 50-A, Tamil Nadu Act V of 1920.- In section 50-A of the principal Act,-
(1) in the marginal heading, for the word "councillor", the words "the chairman or councillor" shall be substituted;
(2) in sub-section (1), for the words "a councillor", occurring in two places, the words "the chairman or a councillor" shall be substituted;
(3) in sub-section (2), for the words "a councillor", the words "the chairman or a councillor" shall be substituted;
(4) in sub-section (3), for the words "a councillor" and "such councillor", the words "the chairman or a councillor" and "such chairman or councillor" shall respectively be substituted;
(5) in sub-section (4),-
(a) the words "a chairman or" and "chairman or" shall be omitted;
(b) in the proviso, for the words "the chairman or member, as the case may be", the words "the member" shall be substituted;
(c) for the explanations, the following shall be substituted, namely;-
"Explanation.-For the purposes of this section "chairman" includes a person performing the functions of the chairman under sub-section (6) or (7) of section 12.".
22. Amendment of section 51, Tamil Nadu Act V of 1920.- In section 51 of the principal Act,-
(1) in the marginal heading, for the word "councillors", the words "chairman or councillor" shall be substituted;
(2) in sub-section (1), for the words "a councillor", "any councillor" and "such councillor", the words "the chairman or a councillor", the "chairman or any councilor" and "such chairman or councillors" shall respectively be substituted;
(3) in sub-section (3), for the word "councillor", the words "chairman or the councillor" shall be substituted.
23. Amendment of section 368, Tamil Nadu Act V of 1920.- In section 368 of the principal Act,-
(1) in sub-section (2), for the word "councillors", the words "chairman and councillors" shall be substituted;
(2) in sub-section (3), the words "by the council" shall be omitted;
(3) sub-section (4) shall be omitted;
(4) in sub-section (5) and in the proviso, for the word "councillors", the words "chairman and councillor" shall be substituted;
(5) in sub-section (6), for the words "office of councillors", the words "office of chairman or councillors" shall be substituted.