Tamil nadu act 002 of 1947 : Tamil Nadu District Municipalities and Local Boards (Amendment) Act, 1947

Section 1. Short title

1. Short title.- This Act may be called the ¹[Tamil Nadu] District Municipalities and Local Boards (Amendment) Act, 1947.

Section 2. [Repealed]

2. [Repealed]- ¹[]

Section 3. [Repealed]

3. [Repealed]- ¹[]

Section 4. [Repealed]

4. [Repealed]- ¹[]

Section 5. The Municipal councils and appointment of Special Officers

5. The Municipal councils and appointment of Special Officers.- (1) Where elections have to be held for the first time after the commencement of this Act to fill vacancies in the office of the councillors of any municipal council whose term of office has been fixed under section 3 or section 4(1)(c) or section 5 of the Madras City Municipal, District Municipalities and Local Boards (Second Amendment) Act, 1942, then, notwithstanding anything contained in section 6 of that Act and in the ²[Tamil Nadu] District Municipalities Act, 1920, it shall be lawful for the ³[State] Government-

(i) to cause elections to be held to the municipal council so that its newly elected councillors may come into office on any date fixed by the ³[State] Government which may be different from the date of expiry of the term of office of the councillors previously holding office;

(ii) from time to time, to advance or postpone the date fixed under clause (i) and fix instead another date;

(iii) to appoint for that municipal council, a Special Officer during the interval between the date of expiry of the term of the councillors previously holding office and the dare on which the newly elected councillors will come into office.

(2) Where any date other than the first day of November of any year is fixed under sub-section (1) as the date on which the newly elected councillors of a municipal council will come into office, the term of office of such councillors shall subject to the provisions of the ¹[Tamil Nadu] District Municipalities Act, 1920 (¹[Tamil Nadu] Act V of 1920), and the Madras District Municipalities and Local Boards (Amendment) Act, 1921 (Madras Act II of 1922), expire at noon on the first day of November immediately succeeding the expiry of three years from the date so fixed.

(3) A Special Officer appointed under sub-section (1) shall exercise and perform the functions specified in section 41(3)(b) of the ¹[Tamil Nadu] District Municipalities Act, 1920 (¹[Tamil Nadu] Act V of 1920), in the same manner, as if he had been appointed under that section.

(4) A Special Officer appointed under sub-section (1) who is not a District Collector or a Revenue Divisional Officer may, if the ²[State] Government so direct, receive payment for his services from the municipal fund.

Section 6. Elections to District boards under supersession at the commencement of Act

6. Elections to District boards under supersession at the commencement of Act.- Where elections have to be held for the first time to a district board which has been superseded under section 45-A of the ¹[Tamil Nadu] Local Boards Act, 1920³ and has not been reconstituted at the commencement of this Act, the ²[State] Government may, notwithstanding anything contained in sub-section (4) of that section, postpone from time to time the reconstitution of the district board for such period as they think fit.

Section 7. Validation of orders postponing or stopping elections

7. Validation of orders postponing or stopping elections.- All orders issued by the ¹[State] Government before the commencement of this Act, directing the stoppage or postponement of elections to a municipal council or local board² or any stage thereof, shall be deemed to have been a valid as if the said orders had been issued under the ³[Tamil Nadu] District Municipalities Act, 1920 (³[Tamil Nadu] Act V of 1920), and the ³[Tamil Nadu] Local Boards Act, 1920⁴ (³[Tamil Nadu] Act XIV of 1920), as amended by this Act.

Section 8. Power to remove difficulties

8. Power to remove difficulties.- If any difficulty arises in giving effect to the provisions of this Act, or of the ³[Tamil Nadu] District Municipalities Act, 1920 (³[Tamil Nadu] Act V of 1920), the ³[Tamil Nadu] Local Boards Act, 1920⁴, (³[Tamil Nadu] Act XIV of 1920) or the Madras City Municipal, District Municipalities and Local Boards (Second Amendment) Act, 1942 (³[Tamil Nadu] Act XXIV of 1942), as amended by this Act, the ¹[State] Government may, as occasion may require, by order, do anything which appears to them necessary for the purpose of removing the difficulty.