Tamil nadu act 016 of 1989 : Tamil Nadu District Municipalities (Second Amendment) Act, 1989

Preamble

Tamil Nadu District Municipalities (Second Amendment) Act, 1989*

[Tamil Nadu Act No. 16 of 1989][25th May, 1989]

An Act further to amend the Tamil Nadu District Municipalities Act, 1920.

Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fortieth Year of the Republic of India as follows:-

* Received the assent of the Governor on the 25th May, 1989 and published in the Tamil Nadu Government Gazette, Extraordinary.

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Tamil Nadu District Municipalities (Second Amendment) Act, 1989.

(2) It shall come into force at once.

Section 2. Amendment of section 9

2. Amendment of section 9.- In the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu ??? of 1920) (hereinafter referred to as the principal Act), in section 9, sub-section (2-A) shall be omitted.

Section 3. Amendment of section 2

3. Amendment of section 2.- In the principal Act, in section 12,-

(1) in sub-section (3), the following shall be added at the end, namely:-

"and shall nominate a panel of not more than three members, any one of whom shall perform the functions? of the chairman in the absence of both the chairman and vice-chairman.";

(2) for sub-sections (6) and (7), the following sub-sections shall be substituted, namely:-

"(6) When the office of chairman is vacant, the vice-chairman shall perform the functions of the chairman, till a new chairman is elected and assumes office.

(7) When the office of chairman is vacant and there is either, a vacancy in the, office of ??? or the vice-chairman has been continuously absent from jurisdiction for more than fifteen days or is incapacitated, the member nominated under sub-section (3) shall, until the vice-chairman returns to jurisdiction or, as the case may be, recovers from his incapacity, notwithstanding anything contained in this Act or in the rules or notifications issued thereunder, perform the functions of the chairman of, the council.".

Section 4. Amendment of section 18

4. Amendment of section 18.- In the principal Act, in section 18, in sub-section (2), the second proviso shall be omitted.

Section 5. Substitutions of section 23-A

5. Substitutions of section 23-A.- For section 23-A of the principal Act, the following section shall be substituted, namely:-

"23-A. Taxation Appeals Committee.-Notwithstanding anything contained in this Act,-

(1) for every municipality, there shall be a Taxation Appeals Committee which shall consist of the chairman of the municipal council who shall also be the chairman of the Taxation Appeals Committee and four councillors, elected by the council;

(2) the business of the Taxation Appeals Committee shall be transacted in accordance with the rules made by the State Government in this behalf."

Section 6. Amendment of section 41

6. Amendment of section 41.- In section 41 of the principal Act, in sub-section (1), the words "or if in their opinion the financial stability of the municipality is threatened" shall be omitted.

Section 7. Repeal of Tamil Nadu Act 16 of 1987

7. Repeal of Tamil Nadu Act 16 of 1987.- The Tamil Nadu District Municipalities (Third Amendment) Act, 1987 (Tamil Nadu Act ??? 1987) is hereby repealed.