Tamil nadu act 019 of 1991 : Tamil Nadu District Municipalities (Amendment) Act, 1991

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Tamil Nadu District Municipalities (Amendment) Act, 1991.

(2) It shall come into force at once.

Section 2. Amendment of section 7

2. Amendment of section 7.- In section 7 of the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) (hereinafter referred to as the principal Act),-

(1) in sub-section (2), for the words "All the councillors", the words "Save as otherwise provided, all the councillors" shall be substituted;

(2) for sub-sections (3-A) and (4), the following sub-sections shall be substituted, namely:-

"(4) Among the elected councillors of every municipality, there shall be, as nearly as may be, thirty per cent representation for women and if sufficient number of women are not elected to that extent in any municipality, the elected members of the council shall, at the first meeting of the council, after each ordinary election to the council, co-opt. to itself such number of women as may be necessary as councillor in accordance with such procedure as may be prescribed to ensure that there is thirty per cent representation for women in that municipality:

Provided that no woman shall be co-opted as councillor under this sub-section unless her name is included in the electoral roll for the municipality and she has completed twenty-one years of age:

Provided further that for the purpose of reckoning the number of women to be co-opted under this sub-section as councillors, the number of women belonging to the Scheduled Castes and the Scheduled Tribes elected to a municipality shall also be taken into account.

(4-A) Notwithstanding anything contained in sub-section (1) or any notification issued thereunder, the strength of the council as specified in the said subjection (1) shall be deemed to be increased by such number as may be co-opted under sub-section (4).

(4-B) Every co-opted councillor shall have all the rights, powers and privileges of an elected councillor.

(3) in sub-section (5), the words "or women" shall be omitted.

Section 3. Amendment of section 8

3. Amendment of section 8.- In section 8 of the principal Act,-

(1) in sub-section (5),-

(a) for the words "the chairman or a councillor elected", the words "the chairman elected or a councillor elected or co-opted." shall be substituted;

(b) for the word "elected", the word "elected or co-opted., as the case may be" shall be substituted;

(2) after sub-section (5), the following sub-section shall be added, namely:-

"(6) Every woman co-opted under sub-section (4) of section 7, shall hold office only for such period for which she would have been entitled to hold office if file had been elected at an ordinary election or at a casual election, as the case may be.".

Section 4. Amendment of section 43

4. Amendment of section 43.- In section 43 of the principal Act, in sub-section (1), in clause (b), for the expression "under sub-sections (3), (3-A) and (4) of section 7", the expression "under, sub-section (3) of section 7" shall be substituted.

Section 5. Amendment of section 49

5. Amendment of section 49.- In section 49 of the principal Act,-

(1) in sub-section (1), after the words "shall be disqualified", the words "for co-option as a councillor or" shall be inserted;

(2) in sub-section (1-A), for the words "for election as a councillor", the words "for election as a chairman or election or co-option as a councillor" shall be substituted;

(3) in sub-section (2), in the opening paragraph, for the words "A person shall be disqualified for election as a chairman or councillor", the words "A person shall be disqualified for election as a chairman or for election or co-option as a councillor" shall be substituted.

Section 6. Amendment of section 50

6. Amendment of section 50.- In section 50 of the principal Act, in sub-section (3),-

(1) for the words "he shall be restored to office for such portion of the period for which he was elected", the Words "such person shall be restored to office for such portion of the period for which such person was elected or co-opted" shall be substituted;

(2) for the words "any person elected", the words "any person elected or co-opted" shall be substituted.

Section 7. Amendment of section 50-A

7. Amendment of section 50-A.- In section 50-A of the, principal Act,-

(1) in sub-section (1),-

(a) for the words "who is elected to be the chairman or a councillor", the words "who is elected to be the chairman or is elected or co-opted. to be a councillor" shall be substituted;

(b) for the expression "I.A.B., having been elected the chairman or a councillor", the expression

shall be substituted;

(2) in sub-section (2), for the words "elected to be the chairman or a councillor", the words "elected to be the chairman or elected or co-opted. to be a councillor" shall be substituted;

(3) in sub-section (3), for the words "elected to be the chairman or a councillor", the words "elected to be the chairman or elected or co-opted. to be a councillor" shall be substituted.

Section 8. Amendment of section 51

8. Amendment of section 51.- In section 51 of the principal Act, in sub-section (1), for the words "elected as the chairman or a councillor", the words "elected as the chairman or elected or co-opted. as a councillor" shall be substituted.

Section 9. Amendment of section 60

9. Amendment of section 60.- In section 60 of the principal Act, after the words "in any election to which this Act applies", the words "or from being; co-opted. as a councillor" shall be inserted.