Tamil Nadu District Municipalities (Amendment) Act, 1994*
| [Tamil Nadu Act No. 25 of 1994] | [17th May, 1994] |
An Act further to amend the Tamil Nadu District Municipalities (Amendment) Act, 1994.
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-fifth Year of the Republic of India as follows;-
* Received the assent of the Governor on the 17th May, 1994 and published in the Tamil Nadu Government Gazette, Extraordinary.
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu District Municipalities (Amendment) Act, 1994.
(2) It shall come into force on such elate as the State Government may, by notification, appoint.
2. Amendment of section 3.- In section 3 of the Tamil Nadu District Municipalities (Amendment) Act, 1994 (Tamil Nadu Act ???) (hereinafter referred to as the principal Act),-
(1) after clause (7), the following clause shall be inserted, namely;-
"(7-A) "Chairman" means the Chairman of the town panchayat or the municipality, as the case may be;"
(2) after clause (9), the following clause shall be inserted, namely:-
"(9-A) "Finance Commission" means the Commission referred to in section 124-B,"
(3) after clause (11-A), the following clause shall be inserted, namely:-
"(11-B) "Inspector" means any officer not below the rank of a District Collector appointed by the State Government to exercise or perform any of the powers or duties of the Inspector under this Act;
(4) after clause (12-B), the following clauses shall be inserted, namely:-
(12-C) "municipal council" means the council of the town panchayat or the municipality, as the case may be;
(12-D) "municipality" means an institution of self-government constituted for a smaller urban area as defined in clause (2) of Article 243-Q of the Constitution;"
(5) after clause (18), the following clause shall be inserted, namely:-
"(18-A) "panchayat town" means an area in transition from a rural area to an urban area classified as panchayat town under section 3-B
(6) after clause (28-B), the following clauses shall be inserted, namely:-
"(28-C) "State Election Commission" means the State Election Commission referred to in section 43-B;
(28-D) "State Election Commissioner" means the State Election Commissioner referred to in section 43-B;"
(7) after clause (29), the following clauses shall be inserted, namely:-
"(29-A) "town panchayat" means an institution of self-government constituted for a transitional area as defined in clause (2) of Article 243-Q of the Constitution;
(29-B) "Wards Committee" means the Wards Committee referred to in section 24-B;".
3. Insertion of new Chapter 1-A.- After Chapter I of the principal Act, the following Chapter shall be inserted, namely:-
"CHAPTER I-A
TOWN PANCHAYATS
3-A. Application of Chapter.- This Chapter shall apply only to the town Panchayats.
3-B. Formation of town panchayats.- (1) The Governor,-
(a) may, having regard to the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as he deeds fit, by notification, classify and declare every local area-comprising a revenue village or villages or any portion of a revenue village or contiguous portions of two or more revenue villages and having a population estimated at not less than five thousand and an annual income of not less than one lakh of rupees as a panchayat town for the purposes of this Act; and
(b) shall, by notification, specify the name of such panchayat town:
(2) In every panchayat town declared as such under sub-section (1), there shall, be established a town panchayat.
(3)(a) The Governor may, by, notification, exclude from a panchayat town any area comprised therein, provided that the population of the panchayat town after such exclusion, is not less than five thousand.
(b) In regard to any area excluded under clause (a), the Governor shall, by notification under sub-section (1), declare it to be a panchayat town if it has a population of not less than, five thousand or if its population is less than five thousand, include it in any contiguous panchayat town under clause (c)(i).
(c) The Governor may, by notification,-
(i) include in a panchayat town any local area contiguous thereto; or
(ii) cancel or modify a notification issued under sub-section (1); or
(iii) alter the name of the panchayat town specified under clause (b) of sub-section (1).
(d) Before issuing a notification under clause (a) or under clause (b) read, with Sub-section (1) or under clause (c), the Governor shall give the town panchayat or town panchayats which will be affected by the issue of such notification, a reasonable opportunity for showing cause against the proposal and shall consider the explanations and objections, if any, of such town panchayat or town panchayats.
(4) Any rate-payer or inhabitant of such area or any town panchayat concerned, may, if he or it objects to any notification under sub-section (1) or sub-section (3), appeal to the High Court within such period as may be prescribed.
3-C. Constitution of town panchayats.- (1) Save as provided under sub-section (2), every town panchayat shall consist of the elected members as determined under section 3-J.
(2) The following persons shall also be represented in the town panchayat, namely:-
(a) not more than two persons who are not was than twenty-five years of age and who have special knowledge or experience in municipal administration, to be nominated by the State Government.
Provided that the person nominated under this clause shall not have the right to vote in the meetings of the municipal council;
(b) the members of the House of the People and the members at the State Legislative Assembly representing a constituency comprising the whole or any part of the town panchayat; and
(c) the members of the Council of States who are registered as electors within the area of the town panchayat.
(3) The members of the House of the People, the State Legislative Assembly and the Council of States referred to in clauses (b) and (c) of sub-section (2) shall be entitled to take part in the proceedings, and vote at the meetings, of the town panchayat.
3-D. Incorporation of town panchayats.- (1) A town panchayat shall be constituted for each panchayat Town consisting of such number of elected members, with effect from such date as may be specified in the notification issued in that behalf by the Governor.
(2) Subject to the provisions of this Act, the administration of the panchayat town shall vest in the town panchayat, but the town panchayat shall not be entitled to exercise functions expressly assigned by or under this Act or any other law to its Chairman or to any other authority.
(3) Every town panchayat shall be a body corporate by the name of the panchayat town specified in the notification issued under section 3-B, shall have perpetual succession and a common seal, and, subject to any restrictions or qualifications 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, movable or immovable, of entering into contracts, and of doing all things necessary, proper or expedient for the purpose for which it is constituted.
3-E. Alteration of classification of panchayat towns:- (1) The Governor may alter any classification, notified under sub-section (1) of section 3-B, if in his opinion the panchayat town satisfies or ceases to satisfy the conditions referred to in that sub-section.
(2) Any decision made by the, Governor under this section shall not be questioned in a court of law.
3-F. Strength of a town panchayat.- (1) Notwithstanding anything contained in this Act, the total number of members of a town panchayat (exclusive of its Chairman) shall be notified by the Inspector in accordance with such scale as may be prescribed with reference to the population as ascertained at the last preceding census of which the relevant figures have been published:
Provided that for the first election to the town panchayat to be held immediately after the commencement of the Tamil Nadu District Municipalities (Amendment) Act, 1994, the provisional population figures of the town panchayat as published in relation to 1991 census shall be deemed to be the population of the town panchayat as ascertained in that census.
(2) The Inspector may, from time to time, by notification, alter the total number of members of a town panchayat notified under sub-section (1).
3-G. Duration of town panchayat.- (1) Every town panchayat unless sooner dissolved, shall continue for five years beginning from the date appointed for its first meeting after each ordinary election and no longer and the expiration of the said period of five years shall operate as a dissolution of the town panchayat.
(2) An election to constitute a town panchayat shall be completed,-
(a) before the expiry of its duration specified in sub-section 1); or
(b) before the expiration of a period of six months from the date of its dissolution:
Provided that where the remainder of the period for which the dissolved town panchayat would have continued is less than six months, it shall not be necessary to hold any election for constituting the town panchayat for such, period.
3-H. Election of members to town panchayat.- The members of town panchayat referred to in sub-section (1) of section 3-C shall be elected in such manner as may be prescribed:
Provided that no person shall be eligible to be elected under this Act as a member of more than one town panchayat.
3-I. Reservation of seats,- (1) Seats shall be reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes in every town panchayat and the number of seats so reserved, shall bear, as nearly as may be; the same proportion to the total number of seats to be filled by direct election in that town panchayat as the population of the Scheduled Castes in the town panchayat area or of the Scheduled Tribes in that town panchayat area, bear; to the total population of that area.
(2) Seats shall be reserved for women belonging to the Scheduled Castes and the Scheduled Tribes from among the seats reserved for the persons belonging, to the Scheduled Castes and the Scheduled Tribes which shall not be less than one-third of the total number of seats reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes.
(3) Seats shall be reserved for Women in the town panchayat and the number of seats reserved for women shall not be less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats in the town panchayat.
(4)(a) The offices of the Chairpersons of the town panchayats shall be reserved for the persons belonging to the Scheduled Castes and fee Scheduled Tribes and the number of offices so reserved shall bear, as nearly as may be, the same proportion to the total number of offices in the State as the population of the Scheduled Castes in all the town panchayats, in the State or the Scheduled Tribes in all the town panchayats in the State, bears to the total population of all the town panchayats in the State.
(b) The offices of Chairpersons of the town panchayats shall be reserved for women belonging to the Scheduled Castes and the Scheduled Tribes from among the offices reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes which shall not be less than one-third of the total number of offices reserved for the Scheduled Castes and the Scheduled Tribes.
(5) The offices of the Chairpersons of the town panchayats shall be reserved for women and the number of offices reserved for women shall not be less than one-third (including the number of offices reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of offices of the Chairpersons of the town panchayats in the State.
Provided that the offices reserved under this sub-section and under sub-section (4) shall be allotted by rotation to different town panghayats in such manner as may be prescribed.
(6) the reservation of seats under sub-sections (1) and (2) and the reservation of offices of Chairpersons under sub-section (4) shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution.
3-J. Division of town panchayats into wards.- (1) For the purpose of election of councillors to a town panchayat hee Inspector shall, after consulting the town panchayat, by notification, divide the panchayat town into wards and determine the number of members to be elected in accordance with such scale as may be prescribed.
(2) Only one member shall be elected from each ward.
3-K. Term of office of members.- (1) Except as otherwise provided in this Act, members of every town panchayat elected at an ordinary election, shall hold office for a term of five years.
(2) The term of office of the members elected at ordinary election shall commence on the date appointed for the first meeting of the town panchayat after such ordinary election.
(3) The member of a town panchayat elected in a casual vacancy shall enter upon the office forthwith but shall hold office only so long as the member in whose place he elected would have been entitled to hold office, if the vacancy had not occured.
3-L. Electoral roll.- (1) The electoral roll of a town panchayat shall be the same as the electoral roll of the Tamil Nadu Legislative Assembly prepared and revised in accordance with the provisions of law for the time being in force in a panchayat town and shall be deemed to be the electoral roll for such town panchayat for the purposes of this Act.
(2) No amendment, transposition or deletion of any entry in the electoral roll of the Tamil Nadu Legislative Assembly made after the last date for making nominations for elections in any to all panchayat and before the notification of the result of such election, shall form part of the electoral roll for such election, for the purposes of this section.
3-M. Application of the Act to town panchayats.- The State Government may, by notification, direct that any of the provisions of this Act and the rules made thereunder or of any other enactment for the time being in force elsewhere in the State of Tamil Nadu but not in the panchayat town shall apply to that town panchayat to such extent and subject to such modifications, additions and restrictions as may be specified in the notification.
3-N. Chapter to override other laws.- (1) The provisions of this Chapter shall have effect notwithstanding anything inconsistent therewith contained in this Act or any other law.
(2) Save as otherwise provided in sub-section (1), the provisions of this Chapter shall be, in addition to and nor in derogation of, any other provisions of this Act.-
4. Amendment of section 4.- In section 4 of the principal Act,-
(1) in sub-section (1), for the expression "The State Government may, by notification declare their intention", the expression "The Governor may, having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as he may deem fit, by notification, declare his intention" shall be substituted;
(2) in sub-section (2), for the expression "The State Government" in two places where it occurs, the expression "The Governor" shall be substituted;
(3) in sub-section (3), for the expression "the State Government have considered the objections, if any, which have been submitted, they may,", the expression "the Governor has considered the objections, if any, which have been submitted, he may,", shall be substituted:
5. Amendment of section 4-A.- In section 4-A of the principal Act,-
(1) for sub-section (1), the following sub-section shall be substituted, namely;-
"(1) The Governor may, having regard to the size of the area and the municipal service being provided or proposed to be provided by an industrial establishment in that area and such other factors as he may deem fit, declare an urban area comprised in any municipality or specified area, therein to be an industrial township."
(2) in sub-sections (2), (3), (4) and (5), for the words "State Government", the word "Governor" shall be substituted;
(3) in sub-section (5), the Explanation shall be omitted.
6. Amendment section 4-B.- In section 4-B of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely:-
"(1) Notwithstanding anything contained in section 4, if the Governor is satisfied that any industrial township should be declared as a municipality, he may, by notification declare such industrial township to be a municipality."
7. Substitution of section 5.- For section 5 of the principal Act, the following section shall be substituted namely:-
"5. Duration of municipality.- (1) Every municipality, unless sooner dissolved section 41, shall continue for five years beginning from the date appointed for its first meeting after each ordinary election and no longer and the expiration of the said period of five years shall operate as a dissolution of the municipality.
(2) An election to constitute the municipality shall be completed,-
(a) before the expiry of its duration specified in sub-section (1); or
(b) before the expiration of a period of six months from the date of its dissolution:
Provided that where the remainder of the period for which the dissolved municipality would have continued, is less than six months, it stall not be necessary to hold any election under this sub-section for constituting the municipality for such period.".
8. Amendment of section 7.- In section 7 of the principal Act, for sub-sections (2), (2-A), (3), (4), (4-A), (4-B) and (5), the following sub-sections shall be substituted, namely;-
"(2) Save as provided in sub-section (3), every municipality shall consist of, the elected members as notified under sub-section (1).
(3) The following persons shall also be represented in the municipality, namely:-
(a) not more than two persons who are not less than twenty-five years of age and who have special knowledge or experience in municipal administration, to be nominated by the State Government:
Provided that the person nominated under this clause shall not have the right, to vote in the meetings of the municipal council?)
(b) the members of the House of the People and the members of the State Legislative Assembly representing the constituency comprising the whole or any part of the municipality; and
(c) the members of the Council of States who are registered as electors within the area of the municipality.
(4) The members of the House of the People, the State Legislative Assembly and the Council of States referred to in clauses (b) and (c) of sub-section (3) shall be entitled to take part in the proceedings, and vote at the proceedings, of the council.
(5) Seats shall be reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes in every municipality and the number of seats so reserved, shall bear, as nearly, as may be, the same proportion to the total number of seats to be filled by direct elections in that municipality as the population of the Scheduled Castes in that municipal area or of the Scheduled Tribes in that municipal area, bears to the total population of that area:
Provided that for the first election for the municipality to be held immediately after the commencement of the Tamil Nadu District Municipalities (Amendment) Act, 1994, the provisional population figures of the municipal area as published in relation to 1991 census, shall be deemed to be the population of the municipal area as ascertained, in that census.
(6) Seats shall be reserved for women belonging to the Scheduled Castes and the Scheduled Tribes from among the seats reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes which shall not be less than one-third of the total number of seats reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes
(7) Seats shall be reserved for women in the municipality and the number of seats reserved for women shall not be less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats in a municipality.
(8)(a) The offices of the Chairpersons of the municipalities shall be reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes and the number of offices so reserved shall bear, as nearly as may be, the same proportion to the total number of offices in all municipalities in the State as the population of the Scheduled Castes in all municipalities in the State or the Scheduled Tribes in all municipalities in the State, bears to the total population of all municipalities in the State:
(b) The offices of Chairpersons of the municipalities shall be reserved for women belonging to the Scheduled Castes and the Scheduled Tribes from among the offices reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes which shall not be less than one-third of the total number of offices reserved for the Scheduled Castes and the Scheduled Tribes.
(9) The offices of the Chairpersons of the municipalities shall be reserved for women and the number of offices reserved for women shall not be less than one-third (including the number of offices reserved for women belonging to the Scheduled Castes and the Scheduled Tribes), of the total number of offices of the Chairpersons of the municipalities in the State:
Provided that the offices reserved under this sub-section and under sub-section (8) shall be allotted by rotation to different municipalities in such manner as may be prescribed.
(10) The reservation of seats under sub-sections (5) and (6) and the reservation of offices of Chairpersons under sub-section (8) shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution".
9. Amendment of section 8.- In section 8 of the principal Act,-
(1) in sub-section (1),-
(a) the words "and different dates may be appointed for different municipal councils" shall be omitted;
(b) the proviso shall be omitted;
(2) in sub-section (2),-
(a) for the words "subject to the approval of the State Government, be fixed by the election authority", the expression "in consultation with the State A Government be fixed by the State Election Commissioner" shall be substituted;
(b) the proviso shall be omitted;
(3) in sub-section (4), for the words "subject to the approval of the State Government, be fixed by the election authority", the Expression "in consultation with the State Government be fixed by the State Election Commissioner" shall be substituted:
(4) sub-section (4-A) shall be omitted;
(5) in sub-section (5),-
(a) for the words "the chairman elected or a councillor elected or co-opted the words "the chairman or a councillor elected" shall be substituted;
(b) for the words "elected or co-opted, as the case may be", the word "elected" shall be substituted;
(6) sub-section (6) shall be omitted.
10. Amendment of section 9.- In section 9 of the principal Act,-
(1) in sub-section (1), for the words "the ejection authority", the words "the State Flection Commissioner" shall be substituted.
(2) sub-section (2) shall be omitted;
(3) in sub-section (3), for the expression "a chairman elected under sub-section (1) or a councillor elected under sub-section (1) or sub-section (2)" the expression "a chairman or a councillor elected under sub-section (1)" shall he instituted.
11. Insertion of new sections 24-A and 24-B.- Alter section 24 of the principal Act, the following sections shall be inserted, namely:-
"24-A. Preparation of development plan.- There shall be prepared every year a development plan for the municipality and the panchayat town and submitted to the District Planning Committee constituted under section 241 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu ??? of 1994) having jurisdiction over the municipality or the town panchayat.
24-B. Wards Committee.- (1) There shall be constituted by the State Government, a wards Committee or Committees consisting of one or more wards within the territorial area of the municipality having a population of three lakhs or more.
(2) Each Wards Committee shall consist of-
(a) all the councillors of the municipality representing the wards within the territorial area of the wards Committee;
(b) the person, if any, nominated by the State Government under clause (a) of sub-section (3) of section 7, if his name is registered as an elector within the territorial area of the Wards Committee.
(3) Where a Wards Committee consists of,-
(a) one ward, the councillor representing that ward in the municipality: or
(b) two or more wards, one of the councillors representing such wards in the municipality elected by the members of the Wards Committee, shall be the Chairperson of that Committee,
shall be the Chairperson of that Committee.
(4) The Chairperson shall vacate office as soon as he ceases to be a councillor.
(5) In the event of the office of the Chairperson falling vacant before the expiry of his term, the Wards Committee shall, as soon as may be, after the occurrence of, the vacancy, elect a new Chairperson in accordance with sub-section (3):
Provided, that a Chairperson so elected shall hold office only so long as the person in whose place he is elected would have held it if such vacancy had not occurred.
(6) The duration of the Wards Committee shall be co-extensive with the duration of the municipality.
(7) The functions and duties of the Wards Committee, and the procedure to be adopted by such committee for transaction of its business shall be such as may be prescribed."
12. Amendment of section 28.- In sub-section (1) of section 28 of the principal Act, for the expression "by a councillor chosen by the meeting to preside for the occasion", the expression "the councillors and-
(a) in the case of town panchayats, the persons referred to in clauses (b) and (c) of sub-section (2) of section 3-C; and
(b) in the case of municipalities, the persons referred to in clauses (b) and (c) of sub-section (3) of section 7,
Shall elect one from among the councillors to preside for the occasion shall be substituted.
13. Amendment of section 30.- In section 30 of the principal Act, the Explanation shall be renumbered as Explanation I and after the Explanation as so renumbered, the following Explanation shall be added, namely:-
"Explanation I.- Councillor in this section shall include-
(a) in the case of town panchayats, the persons referred to in clauses (b) and (c) of sub-section (2) of section 3-C; and
(b) in the case of municipalities, the persons referred to in clauses (b) and (c) of sub-section (3) of section 7;"
14. Amendment of section 41.- In section 41 of the principal Act,-
(1) in the marginal heading, the words "or supersede" shall be omitted;
(2) for sub-section (1), the following sub-section shall be substituted, namely:-
"(1) If, in the opinion of the State Government, the municipality is not competent to perform or persistently makes default in performing the duties imposed on it by law or exceeds or abuses its powers, the State Government may, by notification-
(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."
(3) in sub-section (2), after the expression "have vacated their offices", the expression "and the persons referred to in sub-section (2) of section 3-C or sub-section (3) of section 7, as the case may be, shall cease to be represented in the council" shall be inserted;
(4) in sub-section (3),-
(a) in the opening portion, for the word "supersession", the word "dissolution" shall be substituted;
(b) in clause (b), for the expression "during the period of supersession", the expression "during the period of dissolution" shall be substituted;
(5) for sub-sections (4), (5) and (5-A), the following sub-sections shall be substituted, namely:-
"(4) An election to reconstitute a municipal council shall be completed before the expiration of the period of six months from the date of its dissolution.
Provided that where the remainder of the period for which the dissolved municipal council would have continued is less than six months, it shall not be necessary to hold any election under this sub-section for constituting the municipal council for such period.
(5) All the newly elected councillors of the reconstituted municipality shall enter upon their offices on the date fixed for its reconstitution and they shall hold their offices only for the remainder of the period for which the dissolved municipality would have continued, had it not been so dissolved."
(6) in sub-section (6), the words "or superseded" shall be omitted.
15. Amendment of section 43.- In section 43 of the principal Act,-
(1) for sub-section (1), the following sub-section shall be substituted, namely:-
"(1) For the purposes of election to a municipal council, the State Government shall, after consulting the municipal council, by notification, divide the municipality into wards and determine the number of members to be elected in accordance-with such scale as may be prescribed."
(2) sub-section (1-A) shall be omitted;
(3) in sub-section (5), for the words "the election authority shall, with the approval of the State Government, determine", the words "the State Election Commission shall determine" shall be substituted.
16. Insertion of new sections 43-B and 43-C.- After section 43-A of the principal Act, the following sections shall be inserted, namely:-
"43-B. Election to the municipalities including town panchayats.- (1) The superintendence, direction and control of the preparation of electoral rolls for and the conduct of, all elections to the municipalities inducing town panchayat shall be vested in the State Election commission consisting of a State Election Commissioner to be appointed by the Governor under Article 243-K of the ???.
(2) The Governor shall, when so requested by the State Election Commission make available to the State Election Commission such stall as may be necessary for the discharge of the functions conferred on the State Election Commission by sub-section (1).
43-C. Power of State Government to make election rules.- (1) The State Government may, in consultation with the State Election Commissioner, make rules regulating the procedure with regard to election.
(2) Without prejudice to the generality of sub-section (1), such rules may provide for all matters not expressly provided for in this Act including deposits to be made by candidates standing for election as councillors, and the conditions under which such deposits may be forfeited:
Provided that the deposit required shall not exceed one hundred rupees."
17. Amendment of section 44.- In section 44 of the principal Act,-
(1) for sub-section (1), the following sub-section shall be substituted, namely:-
"(1) The electoral roll of the municipality shall be the same as the electoral roll of the Tamil Nadu Legislative Assembly prepared and revised in accordance with the provisions of law for the time being in force in a municipality and shall be deemed to be the electoral roll for such municipality for the purposes of this Act and that no amendment, transposition or deletion of any entry in the electoral roll of the Tamil Nadu Legislative Assembly made after the last date for making nominations for election in any municipality and before the notification of the result of such election, shall form part of the electoral roll for such election, for the purpose of this section."
(2) in sub-section (1-E), in clause (d), for the words "the State Government", the words "the State Election Commission" shall be substituted;
(3) in sub-section (2),-
(a) for the expression "Any person authorised in this behalf by the State Government", the expression "Any officer of the State Government or the municipality authorised in this behalf by the State Election Commission in consultation with the State Government" shall be substituted;
(b) in the Explanation, after the expression "disqualifications specified in sub-section (1-A)", the following expression shall be inserted, namely:-
"or who is disqualified to be included in such part of the electoral roll for any territorial constituency of the Tamil Nadu Legislative Assembly as relates to that ward"
(4) after sub-section (2), the following sub-section; shall be inserted, namely:-
"(2-A) To assist the person authorised under sub-section (2), the State Election Commission may employ such persons as it thinks fit;
(5) in sub-section (4), for the words "the State Government", the words "the State Election Commissioner" shall be substituted;
(6) sub-section (4-A) shall be omitted.
18. Amendment of section 48.- In section 48 of the principal Act,-
(1) in sub-section (2), in the second proviso, for the words "the State Government", the words "the Governor" shall be substituted;
(2) after sub-section (2), the following sub-section shall be added, namely:-
"(3) Before taking any decision on any such question, the Governor shall obtain the opinion of the State Election Commission and shall act according to such opinion."
19. Insertion of new sections 48-A, 48-B, 48-C and 48-D.- After section 48 of the principal Act, the following sections shall be inserted, namely;-
"48-A. Powers of State Election Commission.- (1) Where in connection with the tendering of any opinion to the Governor under section (3) of section 48, the, State Election Commission considers it necessary or proper to make an inquiry, and the Commission is satisfied that on the basis of the affidavits filed and the documents produced in such inquiry by the parties concerned of their own accord, it cannot come to a decisive opinion on the matter which is being inquired into, the Commission shall have for the purposes of such inquiry, the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (Central Act V of 1908) in respect of the following matters, namely
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document or other material object producible as evidence;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or a copy thereof from any court or office;
(e) issuing commissions for the examination of witnesses or documents,
(2) The Commission shall also have the power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as in the opinion of the Commission may be useful for, or relevant to, the subject matter of the inquiry.
(3) The Commission shall be deemed to be a civil court and when any such offence, as is described in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code (Central Act XLV of 1860) is committed in the view or presence of the Commission, the Commission may after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) forward the case to, a magistrate having jurisdiction to try the same and the magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case had been forwarded to him under section 346 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
(4) Any proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code (Central Act XLV of 1860).
48-B. Statements made by persons to the State Election Commission.- No statement made by a person in the course of giving evidence before the State Election Commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement.
Provided that the statement-
(a) is made in reply to a question which he is required by the Commission to answer; or
(b) is relevant to the subject matter, of the inquiry.
48-C. Procedure to be followed by the State Election Commission- The State Election Commission shall have the power to regulate its own procedure (including the fixing of places and times of its sitting and deciding whether to sit in public or in private).
48-D. Protection of action taken in good faith.- No suit, prosecution, or other legal proceedings shall lie against the State Election Commission or any person acting under the direction of the Commission in respect of anything which is in good faith done or intended to be done in pursuance of the foregoing provisions of sections 48-A to 48-C or of any order made thereunder or in respect of the tendering of any opinion by the Commission to the Governor or in respect of the publication by or under the Authority of the Commission of any such opinion, paper or proceedings."
20. Amendment of section 49.- In section 49 of the principal Act,-
(1) in sub-section (1), the words "for co-option as a councillor or" shall be omitted;
(2) in sub-section (1-A), the words "or co-option" shall be omitted;
(3) in sub-section (2), in the opening paragraph, the words "or co-option", shall be omitted;
(4) in sub-section (3), for the words "the State Government", the words "the State Election Commission" shall be substituted.
21. Amendment of section 50.- In section 50 of the principal Act,-
(1) in sub-section (1), in the opening portion, for the words "a councillor", the expression "a councillor or a person referred to in clauses (b) and (c) of sub-section (2) of section 3-C or clauses (b) and (c) of sub-section (3) of section 7" shall be substituted;
(2) in sub-section (2), for the expression "the State Government", the expression "the State Election Commission" shall be substituted;
(3) sub-section (3),-
(a) for the words "the State Government", the words "the State Election Commission" shall be substituted;
(b) the words "or co-opted" shall be omitted.
22. Substitution of section 50-A.- For section 50-A of the principal Act, the following section shall be substituted, namely:-
"50-A. Oath or animation.- (1) Every councillor and every person nominated under clause (a) of sub-section (2) of section 3-C or clause (a) of sub-section (3) of section 7, as the case may be, before taking his seat, shall make and subscribe at a meeting of the council an oath or affirmation according to the following form, namely:-
that I will bear true faith and allegiance to the Constitution India as by law established, that I will uphold the sovereignty and, integrity of India and that I will faithfully discharge the duty upon which I am about to enter.
(2) If a person sits or votes as a councillor or sits as a representative nominated under clause (a) of Sub-section (2); of section 3-C or under clause (a) of sub-section (3) of section 7, before he has complied with the requirements of sub-section (1) he shall be liable in respect of each day on which he sits or votes, as the case may be, to a penalty of three hundred rupees to be recovered as arrears of "tax under this Act.".
23. Amendment of section 51.- In section 51 of the principal Act,-
(1) In sub-section (1),-
(a) for the expression "elected as the chairman or elected or co-opted as a councillor", the expression "elected as the chairman or a councillor" shall be substituted.
(b) the expression "sub-section (1) of section 48, section 49" shall be omitted;
(2) in sub-section (2), the expression "sub-section (1) of section 48, section 49" shall be omitted.
24. Insertion of new headings and new sections 51-A, 51-B and 51-C.- After section 51 of the principal Act, the following headings and new sections shall be inserted, namely:-
DISPUTES REGARDING ELECTIONS
51-A. Election petitions.- (1) No election of a chairman or a councillor shall be called in question except by an election petition presented to the District Judge of the district in which the municipality is situated within fifteen days from the date of the publication of the result of the election under section 27.
(2) An election petition calling in question any election may be presented on one or more of the grounds specified in section 51-B by any candidate at such election, by any elector of the ward concerned, or by any councillor.
(3) A petitioner shall join as respondents to his petition all the candidates at the election.
(4) An election petition-
(a) shall contain a concise statement of the material facts on which the petitioner relies;
(b) shall, with sufficient particulars, set forth the ground or grounds on which the election is called in question; and shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (Central Act V of 1908) for the verification of pleadings.
51-B. Grounds for declaring elections to be void.- (1) Subject to the provisions of sub-section (2), if the District judge is of opinion-
(a) that on the date of his election a returned candidate was not qualified or was disqualified, to be chosen as councillor under this Act, or
(b) that any corrupt practice has been committed by a returned candidate or his agent or by any other person with the consent of a returned candidate or his agent, or
(c) that any nomination paper has been improperly rejected, or
(d) that the result of the election, in so far as it concerns a returned candidate, has been materially affected-
(i) by the improper acceptance of any nomination, or
(ii) by any corrupt practice committed in the interests of the returned candidate by a person other than that candidate or 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 reception of any vote which is void, or
(iv) by the non-compliance with the provisions of this Act or of any rules or orders made thereunder,
the District Judge shall declare the election of the returned candidate to be void.
(2) If in the opinion of the District Judge a returned candidate has been guilty by an agent, of any corrupt practice, but the Judge is satisfied-
(a) that no such corrupt practice was committed at the election by the candidate, and every such corrupt practice was committed contrary to the orders, and without the consent of the candidate;
(b) that the candidate took all reasonable means for preventing the commission of corrupt practices at the election; and
(c) that in all other respects the election was free from any corrupt practice on the part of the candidate or any of his agents,
then the District Judge may decide that the election of the returned candidate is not void.
CORRUPT PRACTICES
51-C. Corrupt practices.- The following shall be deemed to be corrupt practices for the purposes of this Act:-
(1) Bribery as defined in clause (1) of section 123 of the Representation of the People Act, 1951 (Central Act XLIII of 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, community or religion or the use of or appeal to, religious symbols, or, the use of or appeal to, national symbols such as the national flag or the national emblem, for the furtherance;of the prospects of that candidate's election.
(4) The publication by a candidate or his agent 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, or in relation to the candidature, or withdrawal from contest of any candidate being a statement reasonably calculated to prejudice the prospects of that candidate's election.
(5) The hiring or procuring whether on payment or otherwise of any vehicle or vessel by a candidate of his agent or by any other person for conveyance of any 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 elector or by several electors at their joint costs for the purpose of conveying him or them to or from any such polling station shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power;
Provided further that the use of any public transport vehicle or vessel or any car or railway carriage by an elector at his own cost for the purpose of going to or coming from any such polling station shall not be deemed to be corrupt practice under this clause.
Explanation.-In this clause, the expression "vehicle" means any vehicle used or capable of being used for the purpose of road transport whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise.
(6) The holding of any meeting in which intoxicating liquors are served.
(7) The issuing of any circular, placard or poster having a reference to election which does not bear the name and address of the printer and publisher thereof.
(8) Any other practice which the State Government may by rules specify to be a corrupt practice.
25. Amendment of section 60.- In section 60 of the principal Act the words "or from being co-opted as a councillor" shall be omitted.
26. Insertion of new section 124-B.- After section 124-A of the principal Act, the following section shall be inserted, namely:-
"124-B Finance Commission,- (1) The Finance Commission referred to in Article 243-l of the Constitution shall review the financial position of the municipalities and town panchayat and make recommendations to the Governor as to,-
(a) the principles which should govern,-
(i) the distribution between the State Government and the municipalities and the town panchayats of the not proceeds of the taxes, duties, tolls and fees leviable by the State Government which may be divided between them and the allocation between the municipalities and the town panchayats of their respective shares of such proceeds;
(ii) the determination of the taxes, duties, tolls and fees which may be assigned to or appropriated by the municipalities and the town panchayats;
(iii) the grants-in-aid to the municipalities and the town panchayats from the Consolidated Fund of the State;
(b) the measures needed to improve the financial position of the municipalities and the town panchayats;
(c) any other matter referred to the Finance Commission by the Governor in the interest of sound finance of the municipalities and the town panchayats.
(2) The Governor shall cause every recommendation made by the Commission under this section together with an explanatory memorandum as to the action taken thereon to be laid before the Tamil Nadu Legislative Assembly.".
27. Omission of section 351-A.- In the principal Act, section 351-A shall be omitted.
28. Amendment of section 368.- In section 368 of the principal Act, in sub-section (5), the proviso shall be omitted.
29. Amendment of section 370.- In section 370 of the principal Act, after sub-section (2), the following sub-section shall be added, namely:-
"(3) Any reference to the town panchayat contained in any enactment in force in the State of Tamil Nadu or in any notification, order, scheme, rules, form or bye-law made under any such enactment and in force in the said State shall be construed as a reference to the town panchayat constituted under this Act,"
30. Insertion of new sections 371, 372, 373, 374, 375 and 376.- After section 370 of the principal Act, the following sections shall be added, namely:-
"371. Power to remove difficulties.- (1) If any difficulty arises in giving effect to the provisions of this Act, as amended by the Tamil Nadu District Municipalities (Amendment) Act, 1994, the State Government may, by an order published in the Tamil Nadu Government Gazette, make such provisions, not inconsistent with the provisions of this Act, as amended by the Tamil Nadu District Municipalities (Amendment) Act, 1994 as appear to them to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of two years from the date of commencement of the Tamil Nadu District Municipalities (Amendment) Act, 1994.
(2) Every order made under sub-section (1) shall, as soon as possible, after it is made, be placed on the table of the Legislative Assembly and it before the expiry of the session in which it is so placed or the next session, the Assembly makes any modification in any such order or the Assembly decides that the order should not be issued, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.
372. Repeal of certain Acts.- The Mettur Township Act, 1940 (Tamil Nadu Act ??? 1940 Tamil Nadu Act ??? of 1954 Tamil Nadu Act ??? of 1954), the Courtallam Township Act, 1954 and the Bhavanisagar Township Act, 1954 and hereby repealed.
373. Conversion of a township into municipality or town panchayat.- Notwithstanding anything contained in this Act or any other law for the time being in force, the State Government may, by notification, direct that the local area constituting any township shall from such date as may be specified therein (hereinafter referred to as the specified date), be a municipal area or a panchayat town and in respect thereof, on and from such specified date, the following consequences shall ensue, namely:-
(a) the township committee of such area shall cease to exist or to function;
(b) there shall be constituted for the municipal area a municipality, or, as the case may be, for the panchayat area a town panchayat under the provisions of this Act, as amended by the Tamil Nadu District Municipalities (Amendment) Act, 1994;
(c) the unexpended balance of the fund and the property (including arrears of rates, taxes and fees) belonging to the township committee and all rights and powers which, prior to such notification, vested in the township committee shall, subject to all charges and liabilities affecting the same vest in the fund constituted for the municipality, or as the case may be, the town panchayat;
(d) any appointment, notification, notice, tax, order, scheme, licence, permission, rule, by-law, or form made, issued, imposed or granted under any law:, governing such township before the specified date in respect of such local area shall continue in force and be deemed to have been made, issued, imposed or granted in respect of the municipal area or town panchayat area until it is superseded or modified, by any appointment, notification, notice, tax, order, scheme, licence, bylaw, or form made, issued, imposed or granted under this Act;
(e) all budget estimates, assessments, assessment lists, valuation or measurements made, or authenticated under any law governing such townships immediately before the specified date in respect of such local area shall be deemed to have been made or authenticated under this Act;
(f) all debts and obligations incurred and all contracts made by or on behalf of the town ship committee before the specified date and subsisting on the specified date shall be deemed to have been incurred and made by the municipality, or as the case may be, the town panchayat, in exercise of the powers conferred on it by this Act;
(g) all officers and servants in the employment of the township committee immediately before the specified date shall be officers and servants of the municipality, or as the case may be, the town panchayat, under this Act, and shall until other provision is made in accordance with the provisions of this Act, receive salaries and allowances and subject to the conditions of service to which they were entitled or subject immediately before such date:
Provided that it shall be competent to the municipality or town panchayat subject to the previous sanction of the State Government to discontinue the services of any officer or servant who, in its opinion, is not necessary or suitable to the requirements of the municipality or town panchayat service alter giving such officer or servant such notice as is required to be given by the terms of his employment and every officer or servant whose services are discontinued, shall be entitled to such leave, pension, provident fund and gratuity as he would have been entitled to take or receive on being invalidated out of set vice as if the township committee to the employment of which he was, had not ceased to exist;
31. Addition of Schedule X.- In the principal Act, after Schedule IX, the following Schedule shall be added, namely:-
‘SCHEDULE X
(See section 374)
1. Planning for economic and social development.
2. Roads and bridges.
3. Water supply for domestic, industrial and commercial purposes.
4. Public health, sanitation, conservancy and solid waste management.
5. Urban forestry, protection of the environment and promotion of ecological aspects.
6. Safeguarding the interests of weaker sections of society, including the handicapped and mentally retarded.
7. Slum improvement and up gradation
8. Urban poverty alleviation.
9. Provision of urban amenities and facilities such as parks, gardens, play-grounds.
10. Promotion of cultural, educational and aesthetic aspects.
11. Burials and burial grounds, cremations and cremation grounds and electric crematoriums.
12. Cattle ponds, prevention of cruelty to animals.
13. Vital statistics including registration of Births and Deaths.
14. Public amenities including street lighting, parking lots, bus stops and public conveniences.
15. Regulations of slaughter houses and tanneries."