Tamil Nadu District Municipalities (Third Amendment) Act, 1987*
| [Tamil Nadu Act No. 16 of 1987] | [25th May, 1987] |
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 Thirty-eighth Year of the Republic of India as follows:-
* Received the assent of the Governor on the 25th May, 1987 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 (Third Amendment) Act, 1987.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
2. Insertion of new section 40-C in Tamil Nadu Act V of 1920.- After section 40-B of the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), the following section shall be inserted, namely:-
"40-C. Special provision for recall of chairman or councillor by voters in a referendum to be held.-(1) Notwithstanding anything, contained in this Act or in any other law for the time being in force, if a representation in writing signed by not less than one-fourth of the voters in any municipality in the case of a chairman, and one-fourth of the voters in the ward of such municipality in the case of any councillor, alleging that the chairman or, as the case may be the councillor is corrupt or has otherwise abused his position as chairman or councillor, and that he should be recalled, is presented to the election authority, such election authority shall be genuineness of the signatures in the said representation within such time as may be prescribed. The said representation shall contain the grounds on the basis of which the allegation as aforesaid made and shall be in such form as may be prescribed:
Provided that the verification of the genuineness of the signatures shall not be less than one per cent of total signature in the representation:
Provided further that no such representation shall be entertained if it is made either within six months from the commencement of or within six months before the expiry of the term of office of such chairman or councillor.
Explanation I.-For the purpose of this section, the expression "voters" shall mean those persons who were under sub-section (6) of section 44 entitled to vote on the date of the election in which the chairman or the councillor aforesaid was declared elected.
Explanation II.-For the purpose of this section, the election authority shall mean an officer of the Municipal Administration department, not below the rank of Regional Director of Municipal Administration, specially empowered by the State Government in this behalf.
(2) On receipt of the representation and after verification of the signatures under sub-section (1), the election authority shall make an enquiry in such manner as may be prescribed. If on such enquiry the election authority is satisfied that the allegation is substantially true, the election authority shall hold a referendum for decision whether such chairman or councillor should be recalled or not, from his office:
Provided that in such enquiry the chairman or, as the case may be, the councillor, shall be given a reasonable opportunity of being heard.
(3) If in such referendum the majority of the voters who have actually exercised their votes, favours the recall of chairman or, as the case may be, the councillor, the election authority shall declare that the chairman or, as the case may be, the councillor stands recalled and thereupon the office of the chairman or, as the case may be, the councillor, shall become vacant. If the majority of the voters who have actually exercised their votes does not favour the recall of the chairman or, as the case may be, the councillor, then, the chairman or the councillor shall continue in office and the election authority shall make a declaration accordingly.
(4) The referendum held in respect of such chairman councillor, shall be final and no further referendum in respect of such chairman or councillor shall be held during the remainder ???
(5) The declaration made under sub-section (3) shall be final ??? such declaration shall be liable to be questioned in any court ??? and no court shall grant any permanent or temporary ??? or make any order restraining any proceeding which is being ??? to be taken under this section.
(6) The chairman or the councillor who stands recalled under this section shall not be eligible for election to the office of Rich chairman or councillor for a period of six years from the date of such declaration under sub-section (3).
(7) The State Government may make riles for the purpose of giving effect to the provisions of this section including the manner of holding the referendum.".