Tamil Nadu Municipal Corporation Laws (Amendment and Special Provision) Act, 1994*
| [Tamil Nadu Act No. 26 of 1994] | [17th May, 1994] |
An Act further to amend the laws relating to the Municipal Corporations in the State of Tamil Nadu.
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.
PART I
Preliminary
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Municipal Corporation Laws (Amendment and Special Provision) Act, 1994.
(2) It shall come into force on such date as the State Government may, by notes cation, appoint.
PART II
Amendments to the Madras City Municipal Corporation Act, 1919
2. Amendment of section 2.- In section 3 of the Madras City Municipal Corporation Act, 1919 (Tamil Nadu IV of 1919) (hereinafter in is Part referred to as the 1919 Act),-
(1) clause (9-AA) shall be omitted;
(2) after clause (13-A), the following clause shall be inserted, namely:-
"(13-AA) "Metropolitan area" means the area comprised within the limits of the City of Madras, specified by the Governor by public notification under clause (c) of Article 243-P of the Constitution:"
(3) after clause (13-B), the following clause shall be inserted, namely:-
"(13-C) "Municipal area" means the territorial area of the Municipal Corporation of Madras as is notified by the Governor under clause (d) of Article 243-P of the Constitution;";
(4) after clause (25-C), the following clauses shall be inserted, namely:-
"(25-D) "State Election Commission" means the State Election Commission referred to in section 6-I;
(25-E) "State Election Commissioner" means the State Election Commissioner referred to in sections 6-I"
(5) after clause (26-A), the following clause shall be inserted, namely:-
"(26-B) "Wards Committee" means the Wards Committee ref erred, to in section 6-F;";
(6) after clause (27), the following clause shall be added, namely:-
"(2b) "Zone" means a zone referred to in section 5-A".
3. Amendment of section 4.- In section 4 of the 1919 Act, in sub-section (3),-
(1) in clause (b), the word "and" occurring at the end shall be omitted;
(2) after clause (b), as so amended, the following clause shall be inserted, namely:-
"(bb) the Wards Committee; and"
4. Substitution of new section 5, 5-A and 5-B for section 5.- For section 5 of the 1919 Act, the following sections shall be substituted, namely:-
"5. Constitution of the Council- (1) The council shall consist of one hundred and fifty-five councillors elected in the manner laid down in this Act.
(2) The following persons shall also be represented in the council, namely:-
(a) ten 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 council,
(b) the members of the House of the People representing constituencies which comprise wholly or partly the area of the corporation and the members of the Council of states registered as electors within the area of the corporation;
(c) as nearly as possible, one-fifth of the members of the Tamil Nadu Legislative Assembly re), resenting constituencies which comprise wholly or partly the area of the corporation to be nominated by the Speaker of the Legislative Assembly by rotation every year:
Provided that while nominating such members by rotation, the Speaker of the Legislative Assembly shall ensure that as far as possible all the members representing constituencies which comprise wholly or partly the area of the corporation are given an opportunity of being represented in the council at least once during the duration of the council;
(d) the Chairpersons of the Committees, if any, constituted under sections 6-A and 6-F. if they are not councillors.
(3) Seats shall be reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes in the council 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 the council as the population of the Scheduled Castes in the City or of the Scheduled Tribes in the City bears to the total population of the City:
Provided that for the first election to the council to be held immediately after the commencement of the Tamil Nadu Municipal Corporation Laws (Amendment and Special Provision) Act, 1994, the provisional population figures of the City as published in relation to 1991 census shall be deemed to be the population of the City as ascertained in that census.
(4) 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 states and the Scheduled Tribes.
(5) Seats shall be reserved for women in the council 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 council.
(6) The reservation of seats under sub-sections (3) and (4) shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution.
5-A Division of city into zones.- (1) The City shall be divided into the number of zones specified in column (1) of Schedule IX and each zone shall be known by the name specified in column (2) of that Schedule and each zone shall extend to the areas comprised in the divisions specified against that zone in column (3) of the said Schedule.
(2) The State Government, may, after consultation with the corporation, from-time to time, by notification, alter the names, increase or diminish the area of any zone specified in column (3) of Schedule IX
5-B. Duration of corporation.- (1) The corporation, unless sooner dissolved under section 44-A, shall continue for five years from, the date appointed for its first meeting at ter each or ??? and no longer.
(2) An election to constitute the corporation 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 corporation would have continued, is less than six months, it shall not be necessary to hold any election under this sub-section for constituting the corporation for such period".
5. Amendment of section 6-B.- In section 6-B of the 1919 Act,-
(1) in sub-section (1),-
(a) for the words "from among its members", the words "from among its members who is a councillor" shall be substituted;
(b) after the proviso, the following proviso shall be added, namely:-
"Provided further that in every standing committee there shall be one member elected by the members of each Wards Committee from among themselves at the first meeting of the Wards Committee.";
(2) for sub-section (2), the following sub-section shall be substituted, namely-
"(2) A member of a standing committee or a Wards Committee, if he ceases to be a councillor or ceases to represent any of the categories mentioned in clauses (b) and. (c) of sub-section (2) of section 5 shall cease to be a member of that Committee and his seat shall thereupon become vacant".
6. Insertion of new headings and new sections 6-F, 6-G 6-H and 6-I.- After section 6-E of the 1919 Act, the following heading and sections shall be inserted namely-
"THE WARDS COMMITTEES
6F. Constitution of Wards Committee.- (1) For each Zone there shall be a Wards Committee which shall ??? of,-
(a) all the councillors elected from the divisions comprised is that zone; and
(b) the person, if any, nominated by the State Government under clause (a) of sub-section (2) of section 5 if his name is registered as an elector within the territorial limits of the Zone concerned,
(2) The Wards Committee shall be deemed to have been constituted from the date on which the corporation is constituted after each ordinary election,
6-G. Application of sections 6-J? and 6-C,- The provisions of sections 6-B and 6-C shall apply in relation to the election of Chairman of a Wards Committee as they apply in relation to the election of Chairman of a standing committee.
6-H. Powers and functions of Wards Committee.- (1) Subject to the provisions of Act, every Wards Committee shall exercise the powers and perform the functions as specified in Schedule X on behalf of the corporation in relation to that zone.
(2) The State Government may, alter consultation with the corporation, by notification, amend Schedule X.
(3) When any question arises as to whether any matter falls within the purview of a Wards Committee or the corporation, it shall be referred to the State Government and the decision of the State Government thereon shall be final,
(4) The procedure to be adopted by the Wards Committee for transaction of its business shall be such as may be prescribed.
(5) The duration of the Wards Committee shall be co-extensive with the duration A the corporation.
THE STATE ELECTION COMMISSION
6-I. Elections to corporation.- (1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the corporation 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 Constitution.
(2) The Governor shall, when so requested by the State Election Commission, make available to the State Election Commission such staff as may be necessary for the discharge of the functions conferred on the State Election Commission by sub-section (1)."
7. Amendment of section 27.- In section 27 of the 1919 Act,-
(1) for the words "the proceedings of a standing committee", the words "the proceedings of a standing committee or a Wards Committee" be substituted;
(2) for the words "complied with by the standing committee", the word "complied with by the standing committee or the Wards Committee" shall be ???
8. Insertion of new section 27-B.- After section 27-A of the 1919 Act, the following section shall be inserted, namely:-
"27-B. Metropolitan Planning Committee.- (1) There shall be constituted a Metropolitan Planning Committee to prepare a draft development plan for the Metropolitan area as a whole.
(2) The State Government may, by rules, provide for-
(a) the composition to the Metropolitan Planning Committee;
(b) the manner in which the seats in such Committee shall be filled;
(c) the representation in such Committees of the Government of India and the State Government and of such organizations and institutions as may be deemed necessary for carrying out the functions assigned to such Committee;
(d) the functions relating to planning and co-ordination for the Metropolitan area which may be assigned to such Committee;
(e) the manner in which the Chairperson of such Committee shall be chosen.
(3) The Metropolitan Planning Committee shall, in preparing the draft development plan-
(a) have regard to-
(i) the plans prepared by the City Municipal Corporation of Madras for the City of Madras as a whole;
(ii) the Spatial plan prepared by the Madras Metropolitan Development Authority Constituted under the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972), for the City of Madras;
(iii) matters of common interest pertaining to the City of Madras including co-ordinated spatial planning of the area, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation;
(iv) the overall objectives and priorities set by the Government of India and the State Government
(v) the extent and nature of investments likely to be made in the metropolitan area by agencies of the Government of India and of the State Government and other available resources whether financial or otherwise;
(b) consult such institutions and organizations as the Governor may by order, specify.
(4) The Chairperson of the Metropolitan Planning Committee shall forward the development plan, as recommended by the Committee, to the State Government.
9. Substitution of section 28.- For section 28 of the 1919 Act, the following section shall be substituted, namely:-
"28. Election of Mayor.- (1)(a) The Mayor shall be elected by the persons whose names appear in the voters list for the divisions from among themselves in accordance with such procedure as may be prescribed;
(b) If at an ordinary or casual election, no Mayor is elected, a fresh election shall be held:
Provided that a person who stands for election as Mayor shall not be eligible to stand for election as a councillor:
Provided further that a person who stands for election as a councillor shall not be eligible to stand for election as a Mayor:
Provided also that no councillor shall be eligible to stand for election as Mayor.
(2) The election of the Mayor may be held ordinarily at the same times and in the same places as the ordinary elections of the councillors of the divisions are held,
(3) The term of office of the Mayor who is elected at an ordinary election shall, save as otherwise expressly provided in, be five years beginning at noon on the day on which the ordinary vacancy occurs.
(4) Any casual vacancy in the office of the Mayor shall be filled by a fresh election and a person elected as Mayor in any such vacancy shall enter upon office forthwith and hold office only so long as the person in whose place he is elected would have been entitled to hold office, if the vacancy had not occurred.
(5) Unless the State,. Election Commissioner, otherwise directs, no casual vacancy in the office of the Mayor shall the filled within six months before the date on which the ordinary election of the Mayor under sub-section (1) is due.
(6) The Mayor shall be an ex-officio member of the council and shall have all the rights and privileges of an elected councillor of the council".
10. Substitution of section 29.- For section 29 of the 1919 Act, the following section shall be substituted, namely:-
"29. Election of Deputy Mayor.- (1) The Deputy Mayor shall be elected by the councillors from among themselves in accordance with such procedure as may be prescribed.
(2) If at an election held under sub-section (1), no Deputy Mayor is elected, a fresh election shall be held for electing a Deputy Mayor.
(3) The Deputy Mayor shall hold office for a period of one year from the date of his election and the Deputy Mayor shall continue as such Deputy Mayor until the election of his successor in office provided that in the meantime he does not cease to be a councillor".
11. Amendment, of section 32.- In section 32 of the 1919 Act,-
(1) in sub-section (1), for the words "by a councillor chosen by the meeting to preside for the occasion", the expression "the councillors and the persons referred to in clauses (b), (c) and (d) of sub-section (2) of section 5 shall elect one from among the councillors to preside for the occasion" shall be substituted;
(2) in sub-section (2), for the words "a standing committee", the words "a standing committee or a Wards Committee" shall be substituted,
12. Amendment, of section 33.- In section 33 of the 1919 Act,-
(1) in sub-section (1), for the words "any standing committee", the words "any standing committee, Wards Committee" shall be substituted;
(2) in sub-section (2), for the words "of a standing committee or", the words "of a standing committee, Wares Committee or" shall be substituted.
13. Amendment of section 34.- In section 34 of the 1919 Act,-
(1) in sub-section (1),-
(a) for the words "No councillor", the expression "No councillor or persons referred to in clauses (b), (c) and (d) of sub-section (2) of section 5" shall be substituted;
(b) after the words "any standing committee", the words "or Wards Committee" shall be inserted;
(2) in sub-section (2), for the word "councillor" wherever it occurs, the expression "councillor or persons referred to in clauses (b), (c) and (d) of sub-section (2) of section 5" shall be substituted;
(3) in sub-section (3), for the words "Such councillor", the expression "Such councillor or persons referred to in clauses (b), (c) and (d) of sub-section (2) of section 5" shall be substituted;
(4) in sub-section (4), for the word "councillor" in both the places where it occurs, the expression "the councillor or persons referred to in clauses (b), (c) and (d) of sub-section (2) of section 5" shall be substituted;
(5) in sub-section (5), for the words "councillor concerned", the expression, "councillor concerned or persons concerned referred to in clauses (b), (c) and (d) of sub-section (2) of section 5" shall be substituted.
14. Amendment of section 35.- In section 35 of the 1919 Act, after the words "Chairman of a standing committee; or other committee", the words "or any member or chairman of a Wards Committee" shall be inserted.
15. Amendment of section 36.- In section 36 of the 1919 Act, for the expression "standing committee" in both the places where it occurs, the expression "standing committee or Wards Committee" shall be substituted.
16. Amendment of section 38.- In section 38 of the 1919 Act,-
(1) in sub-section (1),-
(a) for the words "every standing committee", the words "every standing committee, Wards Committee" shall be substituted;
(b) after the words "the Chairman of any Standing Committee" the words "or Wards Committee" shall be inserted;
(2) in sub-section (2), for the words "a standing committee", the words "a standing committee or Wards Committee" shall be substituted.
(3) in sub-section (3), for the words "any standing committee", the words "any standing committee or Wards Committee" shall be substituted.
17. Amendment of section 44.- In section 44 of the 1919 Act, for the words "the standing committees", the words "the standing committees, Wards Committees" shall be substituted.
18. Amendment of section 44-A.- In section 44-A of the 1919 Act,-
(1) in the marginal heading the words "or supersede" shall be omitted;
(2) for sub-section (1) including the proviso thereunder, the: following sub-sections shall be substituted, namely:-
"(1) If, in the opinion of the State Government, the corporation 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 corporation from a specified date;
(b) direct that the corporation be reconstituted with effect from a date which shall not be later than six months from the date of dissolution.
(1-A) An election to reconstitute the corporation shall the expiration of a period of six months from the date of its and be completed before dissolution."
(3) in sub-section (4), after the words "have vacated their offices", the words "and the persons referred to in sub-section (2) of section 5 shall cease to be represented in the council" shall be inserted;
(4) in sub-section (5),-
(a) in the opening portion, for the word "Supersession", the word "Dissolution" shall be substituted;
(b) in clause (b), for the words "during the period of supersession", the words "during the period of dissolution" shall be substituted;
(c) in clause (c), for the words "during the period of supersession", the words "during the period of dissolution" shall be substituted;
(5) sub-section (5-A) shall be omitted;
(6) sub-section (6) shall be omitted;
(7) in sub-section (7), the expression "or sub-section (6)" shall be omitted;
(8) for sub-section (7-A) including the proviso thereunder, the following sub-section shall be substituted, namely:-
"(7-A) All the new in elected councillors of the reconstituted corporation 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 corporation would have continued under sub-section (1) of section 5-B, had it not been dissolved.";
(9) in sub-section (8), the words "or superseded" and the words "or supersession" shall be omitted.
19. Insertion of new section 44-A A.- After section 44-A of the 1919 Act, the following section shall be inserted, namely
"44-AA. Delegation of power by the State Government.- The State Government may, by notification, direct that any power exercisable by it under this Act shall, subject to such conditions, if any, as may be specified in the notification be exercisable by the corporation or any of its officers or by the Coroner or any other authority".
20. Omission of section 44-B.- Section 44-B of the 1919 Act, shall be omitted.
21. Amendment of section 47.- In section 47 of the 1919 Act,-
(1) for sub-section (1), the following sub-section shall be substituted, namely:-
"(1) The electoral roll of the corporation 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 the corporation and shall be deemed to be the list of voters of the corporation 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 me last date for making nominations for election in the corporation and before the notification of the result of such election, shall form part of the list of voters for such election, for the purpose of this section.";
(2) in sub-section (6), in clause (d), for the words "the State Government", the words "the State Election Commission" shall be substituted.
22. Amendment of section 48.- In section 48 of the 1919 Act,-
(1) in sub-section (1),-
(a) in the opening portion, for the words "Any person authorised in this behalf by the State Government", the words "Any officer of the State Government or the corporation 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 (2) of section 47", the following 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 division.";
(2) after sub-section (1) as so amended, the following sub-section shall be inserted, namely,-
(1-A) To assist the person authorised under sub-section (1), the State Election Commission may employ such persons as it thinks fit."
(3) in sub-section (2), for the words "the State Government", the words" "the state Election commission" shall be substituted;
(4) sub-section (2-A) shall be omitted.
23. Amendment of section 51.- In section 51 of the 1919 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), as so amended, the following sub-section shall be inserted, 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".
24. Insertion of new sections 51-A, 51-B, 51-C and 51-D.- After section 51 of the 1919 Act, the following new sections shall be inserted, namely:-
‘51-A. Powers of the Election Commission.- (1) Where in connection with the tendering of any opinion to the Governor under sub-section (3) of section 51, the State Election Commission considers it necessary or proper to make an inquiry commission is satisfied ??? and the that on the basis of the affidavits filed and the documents produced in such inquiry to 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 examinations 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 378, 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)
51-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 these the ???-
(a) is made in reply to question which he is required by the Commission to answer; or.
(b) is ??? to the matter of the inquiry.
51-C. Procedure to be fallowed 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).
51-D. Protection of action taken in good faith.-No suit, prosecution or other legal proceedings shall lie a ??? Election Commission or any person acting under the direction of the ??? in respect of anything ??? is in good faith done of ??? to the done ??? of the ??? provisions of sections 51-A to 51-C or ??? any order made ??? 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".
25. Amendment of section 52.- In section 52 of the 1919 Act, in sub-section (3), for the words "the State Government", the words "the State Election Commission" shall be substituted.
26. Amendment of section 53.- In section 53 of the 1919 Act,-
(1) in sub-section (1), in the opening portion, for the words "councillor", the expression "a councillor or a person referred to in clauses (b), (c) or (d) of sub-section (2) of section 5" shall be substituted;
(2) in sub-sections (2) and (3), for the words "the State Government" wherever they occur, the worm "the State Election Commission" shall be substituted.
27. Substitution of new section for section 53-A.- For section 53-A of the 1919 Act, the following section shall be substituted, namely;-
"53-A. Oath or affirmation.- (1) Every councillor and every person nominated under clause (a) of sub-section (2) of section 5, before taking his seat, shall make and subscribe at a meeting of the council an oath or affirmation according to the following form, namely:-
| "1. A.B. having been this council do |
that I will bear true faith and allegiance to the Constitution of 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 5 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".
28. Amendment of section 54.- In section 54 of the 1919 Act, in sub-sections (1) and (2), the expression section 52 or shall be omitted.
29. Insertion of new headings and new sections 54-A, 54-B and 54-C.- After section 54 of the 1919 Act, the following headings and sections shall be inserted, namely;-
"DISPUTES RECORDING ELECTIONS
54-A. Election petitions.- (1) No election of a councillor shall be called in question except by an election petition presented to the Principal Judge, City Civil Court, Madras within fifteen days from the date of the publication of the result of the election under section 53.
(2) An election petition calling in question any election may be presented on one or more of the grounds specified in section 54-B by any candidate at such election, by any elector of the division 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 or which the election is called in question; and.
(c) 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.
54-B. Grounds for declaring elections to be void.- (1) Subject to the provisions of sub-section (2), if the Principal Judge, City Civil Court is of opinion-
(a) that on the date of his election a returned candidate was not qualified or was disqualified, to be chosen as a 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 court shall declare the election of the returned candidate to be void,
(2) If in the opinion of the court, a returned candidate has been guilty by an agent of any corrupt practice, but the court 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 respect the election was free from any corrupt practice on the part of the candidate or any of his agents,
then, the court may decide that the election of the returned candidate is not void.
CORRUPT PRACTICES
54-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 or his agent or by any other person for the 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 the a corrupt practice under is 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 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 a corrupt practice under this clause
Explanation.-In this clause, the expression "vehicle" means any vehicle used or cape able 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".
30. Amendment of section 55.- In section 55 of the 1919 Act,
(1) in the opening paragraph, for the words "The State Government may", the words the "The State Election Commission, in consultation with the State Government, may" shall be substitutes;
(2) The proviso shall be omitted.
31. Amendment of section 55-A.- In section 55-A of the 1919 Act,-
(1) in sub-section (1),-
(i) for clause (a) including the proviso thereunder, the following clause shall be substituted, namely:-
"(a) Ordinary vacancies in the office of elected councillors shall be filled at ordinary elections which shall, subject to the approval of the State Election Commission be fixed be the State Government to take place on such days within three months before the occurrence of the vacancies as they may think fit."
(ii) in clause (b), for the words "subject to the approval of the State Government, be fixed by the Commissioner", the words "subject to the approval of the State Election Commission, be fixed by the State Government" shall be substituted:
(2) in sub-section (2), for the words "the State Government", the words "the State Election Commission in consultation with the State Government" shall be substituted;
(3) for sub-section (3), the following sub-section shall be substituted, namely:-
"(3) A councillor elected at a casual election shall enter upon officer forthwith but shall hold office so long only as the councillor in whose place he is elected would have been entitled to hold office if the vacancy had not occurred".
32. Amendment of section 55-B.- In section 55-B of the 1919 Act, in sub-section (1), for the words "the Special Officer shall", the expression "the officer or authority referred to in section 44-AA, in consultation with the State Election Commission, shall" shall be 55-B substituted.
33. Omission of section 56.- Section 56 of the 1919 Act shall be omitted.
34. Omission of section 56-A.- Section 56-A of the 1919 Act shall be omitted.
35. Amendment of section 58.- In section 58 of the 1919 Act,-
(1) in the marginal heading, the words "and appointment" shall be omitted;
(2) the words "or co-options" shall be omitted.
36. Amendment of section 59.- In section 59 of the 1919 Act,-
(1) in the marginal heading, the words "and co-option" shall be omitted;
(2) for sub-section (1), the following sub-section shall be substituted, namely:-
"(1) The State Government may, in consultation with the State Election Commission, make rules regulating the procedure with regard to elections";
(3) in sub-section (2), for clause (b), the following clause shall be substituted, namely:-
"(b) provide for the adjudication by the Principal Judge, City Civil Court, Madras, of disputes arising out of elections, and".
37. Insertion of new heading and new section 162-A.- After section 162 of the 1919 Act, the following heading and section shall be inserted, namely:-
FINANCE COMMISSION
162-A. Constitution of Finance Commission.- (1) The Finance Commission referred to in Article 243-I of the Constitution shall also review the financial position of the corporation and make recommendations to the Governor as to,-
(a) the principles which should govern,-
(i) the distribution between the State Government and the corporation of the net proceeds of the taxes, duties, tolls and fees leviable by the State Government which may be divided between them and the allocation between the corporations 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 corporation;
(iii) the grants-in-aid to the corporation from the Consolidated Fund of the State;
(b) the measures needed to improve the financial position of the corporation;
(c) any other matter referred to the Finance Commission by the Governor in the interest of sound finance of the corporation.
(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".
38. Amendment of section 348.- In section 348 of the 1919 Act, in clause (i), for the words "every notification issued under this Act", the expression "every notification issued under sub-section (2) of section 5-A, sub-section (2) of section 6-H or under any other provisions of this Act" shall be substituted.
39. Amendment of section 398.- In section 398 of the 1919 Act, in clause (j), for the were "the council or the standing committee", the words "the council, the standing committee or the Wards Committee" shall be substituted.
40. Insertion of new sections 414, 415 and 416.- After section 413 of the 1919 Act, the following sections shall be inserted, namely:-
414. Transitory provision.- (1) Notwithstanding anything contained in this A ct, or in any other law for the time being in force, the State Government may, by notification, if necessary, appoint a Special Officer to exercise the powers and discharge the functions of the corporation until the day on which the first meeting of the council is held after ordinary elections to the corporation after the commencement of the Tamil Nadu Municipal Corporation Laws (Amendment and Special Provision) Act, 1994.
(2) The Special Officer appointed under sub-section (1) shall hold office or six months from the date of the commencement of the Tamil Nadu Manciple corporation Laws (Amendment and Special Provision) Act, 1994 and no longer.
415. Powers, authority and responsibilities of the Municipal Corporation, standing committees etc.- Save as otherwise provided in this Act, the State Government may, by notification and, subject to such, conditions and restrictions as may be speeded therein, entrust to the corporation, the standing committees, Wards. Committees or any other committee constituted under this Act with such powers and responsibilities with respect to the preparation of plans for ??? development and social justice and also with; such powers and authority as may be necessary to able them to carry out the responsibilities conferred ??? them including those in relation to the matters; listed in Schedule XI.
416. Power to remove difficulties.- (1) If any difficulty arises in giving effect to the provisions of this Act, as amended by the Tamil Nadu Municipal Corporation Laws (Amendment and Special Provision) 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 At, as amended by the Tamil Nadu Municipal Corporation Laws (Amendment and Special Provision) Act, 1994 as appear to them to be necessary or expedient for enoving the difficult:…
Provided that no such order shall be made after the expiry of two years from the date of corporation of the Tamil Nadu Municipal Corporation Laws (Amendment and Special Provision) Act, 1994.
(2) Every Order made under Sub-section (1) shall, as soon as possible, after it is made be place on the table of the Legislative Assembly and if, before the expiry of the session iii 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 ??? 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
41. Addition of new Schedules IX. X and XI.- After Schedule VIII to the 1919 Act, the following new Schedules IX, X and XI shall be added, namely:-
"SCHEDULE IX
(See section 5-A)
THE NUMBER, NAMES AND AREAS OF VARIOUS ZONES
| Number. | Name of the zone. | Area of the zone/number and name of the division. |
| (1) | (2) | (3) |
| 1. | Zone-I-Thiruvathiyur High Road .. | 1 Kodungaiyur (West). 2 Kodungaiyur (East). 3 Dr. Radhaknshnan Nagar (North). 4 Cheriyan Nagar (North). 5 Jeeva Nagar (North). 6 Cherian Nagar (South). 7 Jeeva Nagar (South). 8 Korukkupettai. 9 Mottai Garden. 10 Kumarasamy Nagar (South). 11 Dr. Radhakrishnan Nagar (South) 12 Kumarasamy Nagar (North). 13 Dr. Vijayaraghavalu Nagar. |
| 2. | Zont-Ii-Basin Bridge .. .. | 14 Tondiarpet. 15 Sanjeeviroyanpet. 16 Grace Garden. 17 Ma. Po. Si. Nagar. 18 Royapuram. 19 Singaragarden. 20 Narayanappa Naicken Garden. 21 Old Washermenpet. 22 Meenakshiammanpet. 23 Kondithope. 24 Seven Wells (North) 25 Amman Koil. 26 Muthialpet. 27 Vallal Seethaikathi Nagar. 28 Katchaleeswarar Nagar. 29 Seven Wells (South). 30 Sowcarpet. 31 Basin Bridge. |
| 3. | Zone-Ill-Dr. Axnbedhkar College Road, Pulianthope. | 32 Vysarpadi (South). 33 Vysarpadi (North). 34 Perambur (North). 35 Perambur (East). 36 Elango Nagar. 37 Perambur (South). 38 Thiru-Vi-Ka. Nagar. 39 Wadia Nagar. 40 Dr. Sathiyavanimuthu Nagar. 41 Pulianthope. 42 Dr. Besant Nagar. 43 Peddu Naicken Street. 44 Perumal Koil Garden. 45 Thattankulam. 46 Choolai. 47 Park Town. 48 Elephant Gate. 49 Edapalavam. |
| 4. | Zone-IV-Ayanavaram .. .. | 50 Agaram (North). 51 Sembiam. 52 Siruvallur. 53 Nagamma Ammaiyar Nagar (North). 54 Agaram (South). 55 Viduthalai Guruswamy Nagar. 56 Ayanavaram. 57 Nagammai Ammai Nagar (South). 58 Panneer Selvam Nagar. 59 Marai Malai Adigal Nagar (North). 60 Marai Malai Adigal Nagar (South). 61 Purasawalkam. 62 Kolathur. 63 Villivakkam (North). |
| 5. | Zone-V-Periar E.V.R. High Road, Kilpauk. | 64 Villivakkam (South) Circle IV 65 Virugambakkam (North). 66 Anna Nagar (West). 67 Anna Nagar (Central). 68 Anna Nagar (East). 69 Shenoy Nagar. 70 Kilpuak (North). 71 Gangadaraeswara Koil. 72 Kilpauk (South). 73 Aminjikarai (East). 74 Aminjikarai (Central) 75 Aminjikarai (West). 76 Periyar Nagar (North). 77 Periyar Nagar (South). 78 Nungambakkam. |
| 6. | Zone-VI-Dr. Besant Road. Ice House. | 79 Adikesavapuram. 80 Nehru Nagar. 81 Chintadripet. 82 Komaleeswaranpet 83 Balasubramanian Nagar. 84 Thiruvotreeswaranpettai. 85 Dr. Natesan Nagar. 86 Chepauk. 87 Zam Bazaar. 88 Umaru Pulavar Nagar. 89 Thiruvallikeni. 90 Merina. 91 Krishnampet. 92 Bharathi Nagar. 93 Azad Nagar (North). 94 Bharathi Dasan Nagar. 95 Azad Nagar (South). 96 Vivakanandapuram. |
| 7. | Zone-VII-Nungambakkam | 97 Anjugam Ammaiyar Nagar. 98 Kosapet. 99 Patalam. 100 Anbazhagan Nagar. 101 Perumalpet. 102 Kannappar Nagar. 103 Dr. Ambedhkar Nagar. 104 Chetpet. 105 Egmore. 106 Pudupel 107 Ko-su-Mani Nagar. 108 Nakkeerar Nagar. 109 Thousand Lights. 110 Azhagiri Nagar. 111 Amir Mahal. 112 Royapettah. 113 Teynampet. |
| 8. | Zone-VIII-Kodambakkam .. .. | 114 Sathiyamoorthy Nagar. 115 Alwarpet (North). 116 Alwarpet (South). 117 Vadapalani (West). 118 Vadapalani (East). 119 Kalaivanar Nagar. 120 Navalar Nedunchezhian Nagar (East). 121 Navalar Nedunchezhian Nagar (West). 122 Ashok Nagar. 123 M.G.R. Nagar. 124 Kamaraja Nagar (North). 125 Kamaraja Nagar (South). 126 Theagaraya Nagar. 127 Raiaii Nagar. 128 Virugambakkam (South). 129 Saligramam. |
| 9. | Zone-IX-Saidapet .. .. | 130 Kodambakkam (North) 131 Kodambakkam (South). 132 Saidapet. 133 Kumaran Nagar, (North). 134 Kumaran Nagar (South). 135 Saidapet (East). 136 Kalaignar Karunadihi Nagar. 137 V.O.C. Nagar. 138 G.D. Naidu Nagar (East). 139 G.D. Naidu Nagar (West). 140 Guindy (West). 141 Guindy (East). |
| 10. | Zone-X-Mylapore … … … | 142 Bommannapettai 143 Thiruvalluvar Nagar. 144 Madhava Perumalpuram. 145 Karaneeswarapuram. 146 Santhome. 147 Mylapore. 148 Avvai Nagar (North). 149 Raja Annarnalaipuram. 150 Avvai Nagar (South). 151 Adayar (West). 152 Adayar (East). 153 Velachery. 154 Thiruvanmiyur (West). 155 Thiruvanmiyur (East). |
SCHEDULE X
(See section 6-H)
POWERS AND FUNCTIONS OF THE WARDS COMMITTEE:
(1) Sanction estimates and plans for municipal works to be carried out; within the zone costing up to rupees ten lakes, other than works taken, up and executed for Madras as a whole or those covering more than one zone, provided that specific provision exists thereafter in the budget sanctioned by the corporation.
(2) Call for any report, return, plan, estimate, statement, account or, statistics from the Commissioner, connected with matter pertaining to the: municipal administration in the zone.
(3) Scrutinies monthly statements of receipts and disbursements and of the progress reports in the collection of revenue in the zone
(4) Consider and make recommendations on the proposals regarding Estimates of revenue and expenditure pertaining to the zone under different heads of account of the budget before being forwarded to the Commissioner.
(5) Report or advice upon any matter which the corporation may refer to it under the Act
(6) Deal with such other matters as may be delegated by the corporation to the Wards Committee.
(7) In general exercise all such municipal powers and functions of the corporation as are to be performed exclusively in the zone concerned other than those relating to Madras as a whole or involving two or more zones".
SCHEDULE XL
(See section 415)
1. Planning for economic and social development.
2. Roads and bridges.
3. Water supply for domestic, industrial and commercial purposes.
5. Urban forestry, protection of the environment and promotion of ecological aspects.
6. Safeguarding the interests of weaker ections of society, including the handicapped and mentally retarded.
7. Slum improvement and upgradatior.
8. Urban poverty alleviation.
9. Provision of urban amenities and facilities such as parks, gardens, playgrounds.
10. Promotion of cultural, educational and aesthetics aspects.
11. Burials and burial grounds, cremations, 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. Regulation of slaughter houses and tanneries".
PART III
Amendments to the Madurai City Municipal Corporation Act, 1971
42. Amendment of section 2.- In section 2 of the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971 (herein after in this Part referred to as the 1971 Act),-
(1) clause (11-A) shall be omitted;
(2) after clause (25), the following clause shall be inserted, namely:-
"(25-A) "Municipal Area" means the territorial area of the Municipal Corporation of Madurai as is notified by the Governor under clause (d) of Article 243-P of the Constitution".
(3) after clause (41), the following clauses shall be inserted, namely:-
"(41-A) "State Ejection Commission" means the State Election Commission referred to in section 10-D;
(41-B) "State Election, Commissioner" means the "State Election Commissioner" referred to in section 10-D;"
(4) after clause (42) the following clause shall be inserted, namely-
"(42-A) Wards Committee" means the Wards Committee referee to in section 10-A;
(5) after clause (44), the following clause shall be added, namely
"(45) "Zone" means a zone referred to in section 5-A.",
43. Amendment of section 3.- In section 3 of the 1971 Act, in sub-section (3),-
(1) in clause (b), the word "and" occurring at the end shall be omitted;
(2) after clause (b), as so amended, the following clause shall be inserted, namely,
"(bb) the Wards Committee; and".
44. Substitution of new sections 5, 5-A and 5-B for section 5.- For section 5 of the 1971 Act, the following new sections shall be substituted, namely:-
"5. Constitution of the council- (1) The council shall consist of seventy two councillors elected in the manner laid down in this Act
(2) The following persons shall also be represented in he council, namely:-
(a) five persons who are not less than twenty two years of age and who I have special knowledge or experience in municipal administration, to be nominated by the Government"
Provided that the person nominated under: this clause shall not have the fight to vote in the meetings of the council.
(b) the members of the House of the People representing constituencies which comprise wholly or partly the area of the corporation and the members of the Council of States registered as electors within the area of the corporation
(c) as nearly as possible one-fifth of the members, of the Tamil Nadu Legislative Assembly representing constituencies which comprise wholly or partly the areas the corporation to be nominated by the Speaker of the Legislative Assembly by rotation every year:
Provide that while nominating such members of rotation, the Speaker of the Legislative Assembly shall ensure that as far as possible all the members representing constituencies which comprise wholly or partly the area of the corporation fire given an opportunity of being represented in the council at least; once during the duration of the council
(d) the Chairpersons of the Committees, if any, constituted under sections 6 and 10, if they are not councillors.
(3) Seats shall be reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes in the council and the number of seats so reserved ??? bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in the Council as the population of the Scheduled Castes in the City or of the Scheduled Tribes in the City bears to the total population of the City:
Provided that for the first election to the council to be held immediately after the commencement of the Tamil Nadu Municipal Corporation Laws (Amendment and special Provision) Act, 1994; the provisional population of the City as published in relation to 1991 census shall be deemed to be the population of the: City as ascertained in that census."
(4) Seats shall be reserved for women belonging to the Scheduled Castes and the Scheduled Tiibes, 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.
(5) Seats shall be reserved for women in the council 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 council.
(6) The reservation of seats under sub-sections (3) and (4) shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution.
5-A. Division of City into zones.- (1) The city shall be divided into the number of zones specified in column (1) of Schedule VIII and each zone shall be known by the name specified in column (2) of that Schedule and each zone shall extend to the areas comprised in the wards specified against that zone in column (3) of the said Schedule.
(2) The Government may, after consultation with the corporation, from time to time, by notification, alter the names, increase or diminish the area of any zone specified in column (3) of Schedule VIII.
5-B. Duration of corporation.- (1) The corporation, unless sooner dissolved under section 48, shall continue for five years from the date appointed for its first meeting after each ordinary election and no longer.
(2) An election to constitute the corporation 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 corporation would have continued is less than six months, it shall not be necessary to hold any election under this sub-section for constituting the corporation for such period".
45. Amendment of section 7.- In section 7 of the 1971 Act,-
(1) in sub-section (1),-
(a) for the words "from among its members", the words "from among its members who is a councillor" shall be substituted;
(b) alter the proviso, the following proviso shall be added, namely.-
"Provided further that in every standing committee, there shall be one member elected by the members of each Wards Committee from among themselves at the first meeting of the Wards Committee, *
(2) for sub-section (2), the following sub-section shall be substituted, namely.-
"(2) A member of a standing committee or 9 Wards Committee, if he ceases to be a councillor or ceases to represent any of the categories mentioned in clauses (b) and (c) of sub-section (2) of section 5, shall cease to be; a member of that committee and his seat shall thereupon become vacant".
46. Insertion of new section 9-A.- After section 9 of the 1971 Act, the following section shall be inserted, namely;-
"9-A. Preparation of development play. The council shall prepare every-year; a development plan for the city of Madurai and submit it to the District Planning Committee, having jurisdiction over the city of Madurai, confuted Tamil under section 241 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994)"
47. Insertion new headings and new section 10-A 10-B 10-C and 10-D.- After section 10 of the 1971 Act, the following Headings and sections shall be inserted, namely:-
"THE WARDS COMMITTEES
10-A. Constitution of Wards Committee.- (1) For each zone there shall be a Wards Committee which shall consist of,-
(a) all the councillors elected from the wards comprised in that zone and
(b) the person, if any, nominated by the Government under clause (a) of sub-section (2) of section 5 if his name is registered as an elector within the territorial limits' of the zone concerned.’
(2) The Wards Committee shall be deemed to have been constituted from the date on which the corporation is constituted after each ordinary election.
10-B. Application of sections 7 and 8.- The provisions of sections 7 and 8 shall apply in relation to the election of Chairman of a Wards Committee as they apply in relation to the election of Chairman of a standing committee.
10-C. Powers and functions of Wards Committee.- (1) Subject to the provisions of this Act, every Wards Committee shall exercise the powers and perform the functions as specified in Schedule IX on behalf of the corporation in relation to that zone.
(2) The Government may, after consultation with the Corporation, by notification, amend Schedule IX,
(3) When any question arises as to whether any matter falls within the purview of a Wards Committee or the corporation, it shall be referred to the Government and the decision of the Government thereon shall be final.
(4) The procedure to be adopted by the Wards Committee for transaction of its business shall be such as may be prescribed.
(5) The duration of the Wards Committee shall be co-extensive with the duration of the corporation.
THE STATE ELECTION COMMISSION
10-D. Elections to corporation- (1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the corporation 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 Constitution.
(2) The Governor shall, when so requested by the State Election Commission, make available to the State Election Commission such staff as may be necessary for the discharge of the functions conferred on the State Election Commission by "sub-section (1)".
48. Amendment of section 27.- In section 27 of the 1971 Act, for the words "the proceedings of a standing committee", the words "the proceedings of a standing committee" or a Wards Committee shall be substituted.
49. Amendment of section 29 and 29-A.- For sections 29 and 29-A of the 1971 Act, the following section shall be substituted, namely:-
"29. Election of Mayor.- (1)(a) The Mayor shall be elected by the persons whose names appear in the voters list for the wards from among themselves in accordance with such procedure as may be prescribed.
(b) If at an ordinary or casual election, no Mayor is elected, a french election shall be held:
Provided that a person who stands for election as Mayor shall not be eligible to stand for election as a councillor:
Provided further that a person who stands for election as a councillor shall not be eligible to stand for election as Mayce;
Provided also that no councillor shall be eligible to stand for electrics as Mayor
(2) The election of the Mayor may be held ordinarily at the same times and in the same places as he ordinary elections of the councillors of the wards, are held.
(3) The term of office of the Mayor who is elected at an ordinary election shall, save as otherwise expressly provided in, be live years beginning at noon on the day on which the ordinary vacancy occurs.
(4) Any casual vacancy in the office of the Mayor shall be filled by a fresh election and a person elected as Mayor in any such vacancy shall enter upon office forthwith and hold office only so long as the perse a in whose place he is elected would have been entitled to hold office, if the vacancy had not occurred.
(5) Unless the State Election Commissioner otherwise directs, no casual vacancy in the office of ??? Mayor shall be filled within six months before the date on which the ordinary election of the Mayor under sub-section (1) is due.
(6) The Mayor shall be an ex-officio member of the council and shall have all the rights and privileges of an elected councillor of the council.
50. Amendment of section 30-A and 31.- For sections, 30, 30-A and 31 of the 1971 Act the following sections shall be substituted, namely:-
"30. Election of Deputy Mayor.- (1) The Deputy Mayor shall be elected by the councilors from among themselves in accordance with such procedure as may be prescribed.
(2) If at an election held under sub-section (1), no Deputy Mayor is elected, a fresh election shall be held for electing a Deputy Mayor.
(3) The Deputy Mayor shall hold office for a period of one year from the date of his election and he shall continue as such Deputy Mayor until the election of his successor in office, provided that in the meantime he does not cease to be a councillor.
31. Re-eligibility of Mayor and Deputy Mayor.- An outgoing Mayor or Deputy Mayor is eligible for re-election."
51. Amendment of section 33.- In section 33 of the 1971 Act,-
(1) in sub-section (1), for the words "by a councillor Chosen by the meeting to preside for the occasion", the expression "the councillors and the persons referred to in clauses (b), (c) and (d) of sub-section (2) of section 5 shall elect one from among the councillors to preside for the occasion" shall be substituted;
(2) in sub-section (2), for the words "a standing committee", the words "a standing committee or a Wards Committee" shall be substituted.
52. Amendment of section 34.- In section 34 of the 1971 Act,-
(1) in sub-section Cl), for the words "any standing committee", the words "any standing committee, Wards Committee" shall be substituted;
(2) in sub-section (2), for the words "of any standing "committee or" the words "of any standing committee, Wards Committee or" shall be substituted.
53. Amendment of section 35.- In section 35 of the 1971 Act,-
(1) in sub-section (1),-
(a) for the words "No councillor", the expression "No councillor or persons referred to in clauses (b), (c) and (d) of sub-section (2) of section 5" shall be substituted;
(b) after the words "any standing committee", the words "Or Wards Committee" shall be inserted;
(2) in sub-section (2), for the word "councillor" wherever it occurs, the expression "councillor or persons referred to in clauses (b), (c) and (d) of sub-section (2) of section 5" shall be substituted/
(3) in Sub-section (3), for the words "Such councillor", the expression "Such councillor or persons referred to in clauses (b), (c) and (d) of sub-section (2) of section 5" shall be substituted;
(4) in sub-section (4), for the word "councillor" in both the places where it occurs, the expression "councillor or persons referred to in clauses (b), (c) and (d) of sub-section (2) of section 5" shall be substituted;
(5) in sub-section (5), for the words "councillor concerned" the expression "councillor concerned or persons concerned referred to in clauses (b), (c) and (d) of sub-section (2) of section 5" shall be substituted.
54. Amendment of section 36.- In section 36 of the 1971 Act, after the words "chairman of a standing committee or other committee", the words "or any member or chairman of a Wards "Committee" Shall be inserted.
55. Amendment of section 37.- In section 37 of the 1971 Act, for the words "standing committee", the words "standing committee or Wards Committee" shall be substituted.
56. Amendment of section 39.- In section 39 of the 1971 Act,-
(1) in sub-section (1),-
(a) for the words "every standing committee", the words "every standing committee, Wards Committee" shall be substituted;
(b) after the words "the chairman of any standing committee", the words "or Wards Committee" shall be inserted;
(2) in sub-section (2), for the words "a standing committee", the words "a standing committee or Wards Committee" shall be substituted;
(3) in sub-section (3), for the words "any standing committee", the words "any standing committee or Wards Committee" shall be substituted".
57. Amendment of section 46.- In section 46 of the 1971 Act, for the words "the standing committees", the words "the standing committees, Wards Committees" shall be substituted.
58. Amendment of section 48.- In section 48 of the 1971 Act,-
(1) for the marginal heading, the following marginal heading shall be substituted, namely:-
"Government's power to dissolve the corporation"
(2) for sub-section (1) including the proviso thereunder, the following sub-sections shall be substituted, namely:-
"(1) If, in the opinion of the Government, the corporation 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 Government may, by notification,-
(a) dissolve the corporation from a specified date; and
(b) direct that the corporation be reconstituted with effect from a date which shall not be later than six months from the date of dissolution.
(1-A) An election to reconstitute the corporation shall be completed before the expiration of a period of six months from the date of its dissolution."
(3) in sub-section (4), after the words "have vacated their offices", the words "and the persons referred to in sub-section (2) of section 5 shall cease to be represented in the council" shall be inserted;
(4) in sub-section (5),-
(a) in the opening portion, for the words "Supersession", the words "Dissolution" shall be substituted;
(b) in clause (b), for the words "during the period of supersession", the words "during the period of dissolution" shall be substituted;
(c) in clause (c), for the words "during the period of supersession", the words "during the period of dissolution" shall be substituted;
(5) sub-section (6) shall be omitted;
(6) in sub-section (7), the expression "or sub-section (6)" shall be omitted;
(7) for sub-section (8), including the proviso thereunder, the following sub-section shall be substituted, namely:-
"(8) All the newly elected councillors of the reconstituted corporation 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 corporation would have continued under sub-section (1) of section 5-B, had it not been dissolved.";
(8) sub-section (9) shall be omitted;
(9) in sub-section (10), the words "or superseded" and the words "or supersession" shall be omitted.
59. Substitution of new section 48-A.- For section 48-A of the 1971 Act, the following section shall be substituted, namely:-
"48-A. Delegation of power by Government.-The Government may, by notification, direct that any power exercisable by it under this Act shall, subject to such conditions, if any, as may be specified in the notification be exercisable by the corporation or any of its officers or by the Commissioner or any other authority."
60. Amendment of section 51.- In section 51 of the 1971 Act,-
(1) for sub-section (1), the following sub-section shall be substituted, namely:-
"(1) The electoral roll of the corporation 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 the corporation and shall be deemed to be the list of voters of the corporation 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 the corporation and before the notification of the result of such election, shall form part of the list of voters for such election, for the purpose of this section.";
(2) In sub-section (6), in clause (d), for the words "the Government" the words "the State Election Commission" shall be substituted.
61. Amendment of section 52.- In section 52 of the 1971 Act, - section 52.
(1) in sub-section (1),-
(a) in the opening portion, for the words "Any person authorised in this behalf by the Government", the words "Any officer of the Government or the corporation authorised in this behalf by the State Election Commission, in consultation with the Government" shall be substituted.
(b) in the Explanation, after the expression "disqualifications specked in sub-section (2) of section 51", the following 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
(2) after sub-section (1), as so amended, the following sub-section shall be inserted, namely:-
‘(1-A) To assist the person authorised under sub-section (1), the State Election Commission may employ such persons as it thinks Of.";
(3) in sub-section (2), for the words "the Government", the words "the State Fleeting Commission" shall be substituted;
(4) sub-section (3) shall be omitted.
62. Amendment of section 55.- In section 55 of the 1971 Act,-
(1) in sub-section (1), in the opening portion, the words "or co-option" shall be omitted;
(2) in sub-section (2).-
(a) the words "or co-option" occurring in both the places shall be omitted;
(b) for the words "the Government", the words "the Govern or" shall be substituted;
(3) after sub-section (2), as so amended, the following sub-section shall be inserted, namely:-
"(3). Before taking any decision on any such question, the Governor shall obtain the opinion of the State Ejection Commission and shall act according to such opinion".
63. Insertion of new sections 55-A, 55-B, 55-C and 55-D.- After section 55 of the 1971 Act, the following sections shall be inserted, namely:-
"55-A. Powers of State Election Commission.- (1) Where in connection with the tendering of any opinion to the Governor under sub-section (3) of section 55, 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 and law for the ??? being in force, to furnish information on such points or matters as in the opinion of the commission may be useful 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 proceedingss 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).
55-B. Statement made by persons to the State Election Commission.- No statement made by a person in the course of giving evidence before the State Ejection 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.
55-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).
55-D. Protection of action taken to 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 55-A to 55-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".
64. Amendment of section 57.- In section 56 of the 1971 Act,-
(a) the words "or co-option" wherever they occur shall be omitted;
(2) in sub-section (3), for the words "the Government", the words "the State Election Commission" shall be substituted.
65. Amendment of section 57.- In section 57 of the 1971 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), (c) or (d) of sub-section (2) of section 5" shall be substituted;
(2) in sub-section (2), for the words "the Government", the words "the State Election Commission" shall be substituted;
(3) in sub-section (3), the words "or co-opted" occurring in both the places shall be omitted.
66. Amendment of new section for section 59.- For section 59 of the 1971 Act, the following section shall be substituted namely:-
"59. Oath or affirmation- (1) Every councillor and every person nominate under clause (a) of sub-section (2) of section 5, before taking his seat, shall make and subscribe at a meeting of the council an oath or affirmation according to the following form, namely-
| "1. A.B. having been this council do |
that I will bear true faith and allegiance to the Constitution of 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 or sub-section (2) of section 5 before he has complied with the requirement 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."
67. Amendment of section 60.- In section 60 of the 1971 Act, in sub-sections (1) and (2), the expression "sub-section (1) of section 55, section 56" shall be omitted.
68. Insertion of new headings and new section 60-A, 60-B and 60-C.- After section 60 of the 1971 Act, the following new headings and new sections shall be inserted, namely:-
DISPUTES REGARDING ELECTIONS
60-A. Election Petitions.- (1) No election of a councillor shall be called in question except by an election petition presented to the District Judge having jurisdiction within fifteen days from the date of the publication of the result of the election under section 65.
(2) An election petition calling in question any election may be presented to under any of the grounds specified in section 60-B by any candidate at such election, by any elector of the wards 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
(c) 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.
60-B. Grounds for declaring elections to be old.- (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 a 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 court shall declare the election of me, returned candidate be void.
(2) If in the opinion of the district court, a returned candidate has been guilty by an agent of any corrupt practice, but the district court 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 respect the election was free from any corrupt practice on the part of the candidate or any of his agents, then, the court may decide that the election of the returned candidate is not void.
CORRUPT PRACTICES
60-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 influences 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 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 or his agent or by any other person for the 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 for 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 railway carriage by an elector at his own cost for the purpose of going to or coining from any such polling station shall not be deemed to be a corrupt practice under this clause.
Explanation-In this clause, the expression "vehicles" 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 Government may, by rules, specify to be a corrupt practice".
69. Amendment of section 61.- In section 61 of the 1971 Act,-
(1) in the opening paragraph, for the words "the Government may", the words "the state., Election Commission in consultation with the Government may" shall be substituted:
(2) the proviso shall be omitted.
70. Amendment of section 62.- In section 62 of the 1971 Act,-
(1) in sub-section (1),-
(i) for clause (a) including the proviso thereunder, the following clause shall be substituted, namely
"(a) Ordinary vacancies in the office of elected councillors shall be filled at ordinary elections which shall, subject to the approval of the State Election ??? be fixed by the Government to take place on such "clays with free months before the occurrence of the vacancies as they may think fit,"
(ii) in clause (b), for the words "subject to the approval of the Government, be fixed by the Commissioner", the words "subject to the approval of the State Election Commission, be fixed by the Government" shall be substituted;
(2) in sub-section (2), for the words "the Government", the words "the State Election Commission in consultation with the Government" shall be substituted;
(3) for sub-section (3), the following sub-section shall be substituted, namely:-
"(3) A councillor elected at a casual election shall enter upon office forthwith but shall hold office so long only as the councillor in whose place he is elected would have been entitled to hold office if the vacancy had not occurred.
71. Amendment of section 62-A.- In section 62-A of the 1971 Act, in sub-section (1),-
(1) for the expression "the Special Officer appointed under sub-section (1) of section 48-A, shall", the expression "the officer or authority referred to in section 48-A, in consultation with the State Election Commission, shall" shall be substituted;
(2) the proviso shall be omitted.
72. Omission of section 63.- Section 63 of the 1971 Act shall be omitted.
73. Omission of section 64.- Section 64 of the 1971 Act shall be omitted.
74. Amendment of section 65.- In section 65 of the 1971 Act,-
(1) in the marginal heading, the words "and co-options" shall be omitted;
(2) the words "or co-options" shall be omitted.
75. Amendment of section 66.- In section 66 of the 1971 Act,-
(1) in the marginal heading, the words "and co-option" shall be omitted;
(2) for sub-section (1), the following sub-section shall be substituted, namely:-
"(1) The Government may, in consultation with the State Election Commission, make rules regulating the procedure with regard to elections.";
(3) in sub-section (2), for clause (a), the following clause shall be substituted, namely:-
"(a) provide for the adjudication by the district judge having jurisdiction of disputes arising out of elections; and".
76. Insertion of new heading and new section 193-A.- After section 193 of the 1971 Act, the following heading and section shall namely:-
"FINANCE COMMISSION
193-A. Constitution of Finance Commission.- (1) The Finance Commission referred to in Article 243-l of the Constitution shall also review the financial position of the corporation and make recommendations to the Governor as to,-
(a) the principles which should govern,
(i) the distribution between the State Government and the corporation of the net proceeds of the taxes, duties, tolls and fees leviable by the State Government which may be divided between them and the allocation between the corporations 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 corporation;
(iii) the grants-in-aid to the corporation from the Consolidated Fund of the State;
(b) the measures needed to improve the financial position of the corporation;
(c) any other matter referred to the Finance Commission by the Governor in the interest of sound finance of the corporation.
(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".
77. Amendment of section 432.- In section 432 of the 1971 Act, in sub-section (2), for the words "every notification issued under this Act", the expression "every notification issued under sub-section (2) of section 5-A, sub-section (2) of section 10-C or under any other provisions of this Act" shall be substituted.
78. Amendment of section 491.- In section 491 of the 1971 Act, in clause (j), for the words "the council or the standing committee", the words "the council, the standing committee or the Wards Committee" shall be substituted.
79. Insertion of new sections, 510-A, 510-B and 510-C.- After section 510 of the 1971 Act, the following sections shall be inserted, namely:-
510-A. Transitory provision.- (1) Notwithstanding anything contained in this Act, or in any other law for the time being in force, the Government may, by notification, if necessary, appoint a Special Officer to exercise the powers and discharge the functions of the corporation until the day on which the first meeting of the council is held after ordinary elections to the corporation after the con men cement of the Tamil Nadu Municipal Corporation Laws (Amendment and Special Provision) Act, 1994.
(2) The Special Officer appointed under sub-section (1) shall hold office only for six months from the date of the commencement of the Tamil Nadu Municipal Corporation Laws (Amendment and Special Provision) act, 1994 and no longer.
510-B. Powers, authority and responsibilities of the Municipal Corporation, standing committees, etc.- Save as otherwise provided in this Act, the Government may, by notification and subject to such conditions and restrictions as may be specified therein, entrust, to the corporation, the standing committees, Wards Committees or any other committee constituted under this Act, with such powers and responsibilities with respect to the preparation of plans for economic development and social justice and also with such powers and authority as may be necessary to enable their, to carry out the responsibilities conferred upon them including those, in relation to the matters listed in Schedule-X.
510-C. Power to remove difficulties.- (1) If any difficulty arises in giving effect to the provisions of this Act, as amended by the Tamil Nadu Municipal Corporation Laws (Amendment and Special Provision) Act, 1994, the Government made by an order pushed in the Tamil Nadu Government Gazette, make such provisions, not inconsistent with the provisions of this Act, as amended by the Tamil Nadu Municipal Corporation Laws (Amendment and Special Provision) 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 Municipal Corporation Laws (Amendment and Special Provision) 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 if, 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 made, 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".
80. Addition of new Schedules VIII, IX and X.- After Schedule VII to the 1971 Act, the following Schedules shall be added namely:-
"SCHEDULE-VIII
(See section 5-A)
THE NUMBER, NAMES AND AREAS OF VARIOUS ZONES
| Number. | Name of Zone. | Area of the zone/Number and name of the ward. |
| (1) | (2) | (3) |
| 1 | Zone I .. .. | 1. Vilangudi 2. Bibikulam 3. Lourdhu Nagar 4. Karpaga Nagar 5. Pudur 6. K.K. Nagar 7. Arignar Anna Nagar 8. Sathamangalam 9. Madhichiam 10. Alwarpuram |
| Zone II .. .. | 11. Tallakulam 12. Reserve Line 13. Chockikulam 14. Narimedu 15. Gdripalayam 16. Sellur 17. Panthalkudi 18. Ahimsapuram 19. Meenambalpuram 20. Kailasapuram | |
| Zone III .. .. | 21. Thathaneri 22. Ponnagaram 23. Krishnspalayam 24. Alagaradi 25. Arapalayam 26. Viswasapuri 27. Mejaponnagaram 28. S.S. Colony 29. Ellisnagar 30. Railway Colony | |
| 4 | Zone IV.. .. | 31. Thideer Nagar (Madhura) 32. Perumal Teppkulam 33. Kishharaya Teppakulam 34. Tamil Sangam 35. Chockansthar koil 36. North Krishnan Koil 37. Meenakshi Koil 38. Jadamuni Koil 39. South Krishnan Koil 40. Kazimar Street |
| 5 | Zone V .. .. | 41. Sundararajapuram 42. Subramaniapuram 43. Sappani Koil 44. Manjankara 45. Throupathi Amman Koil 46. Mahal 47. Lakshmipuram 48. Swami Sannadhi 49. Ismailpuram 50. Soyrastra High School |
| 6 | Zone VI .. .. | 51. Pankaja Colony 52. Mariamman Teppakulam 53. Annuppanadi 54. Navarathinapuram 55. Balarengapuram 56. Kamarajapuram 57. Saint Mary's 58. Keeraithurai 59. Villapuram 60. Solai Alagupuram |
| 7 | Zone VII .. .. | 61. Jaihindpuram 62. Veerakaliamman Koil 63. Thennagaram 64. Kovalan Nagar 65. T.V.S. Nagar 66. Muthuramalingam 67. Madakulam 68. Palanganatham 69. Ponmeni 70. Arasaradi Othakadai (Theni Road included). 71. Bethaniapuram 72. Kochadai |
SCHEDULE-IX
(See section 10-C)
POWERS AND FUNCTIONS OF THE WARDS COMMITTEE
(1) Sanction estimates and plans for municipal works to be carried out within the zone costing up to rupees five lakhs, other than works taken up and executed for Madurai as a whole or those covering more than one zone, provided that specific provision exists therefor in the budget sanctioned by the corporation.
(2) Call for any report, return, plan, estimate, statement, account or statistics from the Commissioner, connected with matter pertaining to the municipal administration in the zone.
(3) Scrutinize monthly statements of receipts and disbursements and of the progress reports in the collection of revenue in the zone.
(4) Consider and make recommendations on the proposals regarding estimates of revenue and expenditure pertaining to the zone under different heads of account of the budget before being forwarded to the Commissioner.
(5) Report or advice upon any matter which the corporation may refer to it under the Act.
(6) Deal with such other matters as may be delegated by the corporation to the Wards Committee.
(7) In general exercise all such municipal powers and functions of the corporation as are to be performed exclusively in the zone concerned other than those relating to Madurai as a whole or involving two or more zones.
SCHEDULE X
(See section 510-B)
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, playgrounds.
10. Promotion of cultural, educational and aesthetic aspects.
11. Burials and burial grounds, cremations, 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. Regulation of slaughter houses and tanneries".
PART IV
AMENDMENTS TO THE COIMBATORE CITY MUNICIPAL CORPORATION ACT, 1981
81. Amendment of section 2.- In section 2 of the Coimbatore City Municipal Corporation Act, 1981 (hereinafter in this Part referred to as the 1981 Act) (Tamil Nadu Act 25 of 1981),-
(1) clause (12-A) shall be omitted;
(2) after clause (25), the following clause shall be inserted namely:-
"(25-A) "Municipal area" means the territorial area of the Municipal Corporation of Coimbatore as is notified by the Governor under clause (d) of Article 243-P of the Constitution;"
(3) after clause (41), the following clauses shall be inserted, namely:-
"(41-A) "Stat; Election Commission" means the State Election Commission referred to in section 10-D;
"(41-B) "State Election Commissioner" means the State Election Commissioner referred to in section 10-D"
(4) after clause (42), the following clause shall be inserted, namely:-
"(42-A) "Wards Committee" means the Wards Committee referred to in section 10-A;
(5) after clause (44), the following clause shall be added, namely:-
"(45) "Zone" means a zone referred to in section 5-A".
82. Amendment of section 3.- In section 3 of the 1981 Act, in sub-section (3),-
(1) in clause (b), the word "and" occurring at the end shall be omitted;
(2) after clause (b), as so amended, the following clause shall be inserted, namely:-
"(bb) the Wards Committee; and"
83. Substitution of new section 5, 5-A and 5-B for section 5.- For section 5 of the 1981 Act, the following sections shall be substituted, namely:-
"5. Constitution of the council.- (1) The council shall consist of seventy-two councillors elected in the manner laid down in this Act.
(2) The following persons shall also be represented in the council, namely:-
(a) five 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 Government:
Provided that the person nominated under this clause shall not have the right to vote in the meetings of the council;
(b) the members of the House of the People representing constituencies which comprise wholly or partly the area of the corporation and the members of the Council of States registered as electors within the area of the corporation;
(c) as nearly as possible one-fifth of the members of the Tamil Nadu Legislative Assembly representing constituencies which comprise wholly or partly the area of the corporation to be nominated by the Speaker of the Legislative Assembly by rotation every year:
Provided that while nominating such members by rotation, the Speaker of the Legislative Assembly shall ensure that as far as possible all the members representing constituencies which comprise wholly or partly the area of the corporation are given an opportunity of being represented in the council at least once during the duration of the council;
(d) the Chairpersons of the Committees, if any, constituted under sections 6 and 10, if they are not councillors.
(3) Seats shall be reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes in the council and the number of seats so reserved shall bear, as nearly as maybe, the same proportion to the total number of seats to be ??? by direct election in the council as the population of the Scheduled Castes in the City or of the Scheduled Tribes in that City bears to the total population of the City:
Provided that for the first election to the council to be held immediately alter the commencement of the Tamil Nadu Municipal Corporation Laws (Amendment and Special Provision) Act, 1994, the provisional population figures of the City as published in relation to 1991 census shall be deemed to be the population of the City as ascertained in that census.
(4) 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 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.
(5) Seats shall be reserved for women in the council 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 council.
(6) The reservation of seats under sub-sections (3) and (4) shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution.
5-A. Division of City into, zones.- (1) The City shall be divided into number of zones specified in column (1) of Schedule VIII and each zone shall be known by the name specified in column (2) of that Schedule and each zone shall extend to the areas comprised in the divisions specified against that zone in column (3) of the said Schedule.
(2) The Government may, after consultation with the corporation, from time to time, by notification, alter the names, increase or diminish the area of any zone specified in column (3) of Schedule VIII.
5-B. Duration of corporation.- (1) The corporation, unless sooner dissolved under section 50, shall continue for five years from the date appointed for its first meeting after each ordinary election and no longer.
(2) An election to constitute the corporation 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 corporation would have continued is less than six months, it shall not be necessary to hold any election under this sub-section for constituting the corporation for such period".
84. Amendment of section 7.- In section 7 of the 1981 Act,-
(1) in sub-section (1),-
(a) for the words "from among members", the words "from among its members who is a councillor" shall be substituted;
(b) after the proviso, the following proviso shall be added, namely:-
"Provided further that in every standing committee, there shall be one member elected by the members of each Wards Committee from among themselves at the first meeting of the Wards Committee.";
(2) for sub-section (2), the following sub-section shall be substituted, namely;-
"(2) A member of a standing committee or a Wards Committee, if he ceases to be a councillor or ceases to represent any of the categories mentioned in clauses (b) and (c) of sub-section (2) of section 5 shall, cease to be a member of that committee and his seat shall thereupon become vacant".
85. Insertion new Section 9-A.- After section 9 of the 1981 Act, the following section shall be inserted, namely
"9-A. Preparation of development plan.-The council shall prepare every year a development plan for the city of Coimbatore and submit it to me District Planning Committee, having jurisdiction over the City of Coimbatore, constituted under section 241 of the Tamil Nadu Panchayats Act, 1994."
86. Insertion of new headings and new section 10-A 10-B, 10-C and 10-D.- After section 10 of the 1981 Act, the following headings and sections shall be inserted, namely:-
"THE WARDS COMMITTEES
10-A. Constitution of Wards Committee.- (1) For each zone there shall be a Wards Committee which shall consist of,-
(a) all the councillors elected from the divisions comprised in that zone; and
(b) the person, if any, nominated by the Government under clause (a) of sub-section (2) of section 5, if his name is registered as an elector within the territorial limits of the zone concerned.
(2) The Wards Committee shall be deemed to have been constituted from the date on which the corporation is constituted after each ordinary election,
10-B. Application of sections 7 and 8.- The provisions of sections 7 and 8 shall apply in relation to the election of Chairman of a Wards Committee as they apply in relation to the election of Chairman of a standing committee.
10-C. powers and Junctions of Wards Committee.- (1) Subject to the provisions of this Act, every Wards Committee shall exercise the powers and perform the functions as specified in Schedule DC on behalf of the corporation in relation to that zone.
(2) The Government may, after consultation with the corporation, by notification, amend Schedule IX.
(3) When any question arises as to whether any matter falls within the purview of a Wards committee or the corporation, it shall be referred to the Government and the decision of the Government thereon shall be final,
(4) the procedure to be adopted by the Wards Committee for transaction of its business shall be such as may be prescribed
(5) The duration of the Wards Committee shall be co-extensive with the duration of the corporation.
THE STATE ELECTION COMMISSION
10-D. Elections to corporation.- (1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the corporation 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 Constitution.
(2) The Governor shall, when so requested by the State Election Commission make available to the State Election Commission such staff as may be necessary for the discharge of the functions conferred on the State Election Commission by sub-section (1)".
87. Amendment of section 27.- In section 27 of the 1981 Act, for the words "the proceedings of a standing committee", the words "the proceedings of a standing committee or a Wards Committee" shall be substituted.
88. Amendment of section 29.- For section 29 of the 1981 Act, the following section shall be substituted namely:-
"29. Election of Mayor.- (1)(a) The Mayor shall be elected by the persons whose names appear in the voters list for the divisions from among themselves in accordance with such procedure as may be prescribed/
(b) If at an ordinary or casual election, no Mayor is elected, a fresh election shall be held:
Provided that a person who stands for electron as Mayor shall not be eligible to stand for election as a councillor;
Provided further that a person who stands for election as a councillor shall he eligible to stand for election as Mayor:
Provided also that no councillor shall be eligible to stand for election as Mayor.
(2) The election of the Mayor may be held ordinarily at the same times and in the same places as the ordinary elections of the councillors of the divisions are held.
(3) The term of office of the Mayor who is elected at an ordinary election shall, save as otherwise expressly provided be five years beginning at noon on the day on which the ordinary vacancy occurs.
(4) Any casual vacancy in the office of the Mayor shall be filled by a fresh election and a person elected as Mayor in any such vacancy shall enter upon office forthwith and hold office only so long as the person in whose place he is elected would have been entitled to hold office, if the vacancy had not occurred.
(5) Unless the State Election Commissioner otherwise vacancy in the office of the Mayor shall with in six month which the ordinary election of the Mayor under sub-section (1) is due
(6) The Mayor shall be an ex-officio member of the col all the rights and privileges of an elected councillor of the council.
89. Substitution of section 30.- For section 30 of the 1981 Act, the following section shall be substituted, namely:-
"30. Election of Deputy Mayor.- (1) The Deputy Mayor shall be elected by the councillors from among themselves in accordance with such procedure as may be prescribed.
(2) If at an election held under sub-section (1), no Deputy Mayor is elected, a fresh election shall be held for electing a Deputy Mayor.
(3) The Deputy Mayor shall hold office for a period of one year from the date of his election and he shall continue as such Deputy Mayor until the election of his successor in office, provided that in the meantime he do es not cease to be a councillor".
90. Omission of section 31.- Section 31 of the 1981 Act shall be omitted.
91. Substitution of section 32.- For section 32 of the 1981 Act, the following section shall be substituted, namely
"32. Re-eligibility of Mayor and Deputy Mayor.- An out going Mayor or Deputy Mayor is eligible for re-election".
92. Amendment of section 34.- In section 34 of the 1981 Act.-
(1) in sub-section (1), for the words "by a councillor chosen by the meeting to preside for the occasion", the expression "the councillors and the persons referred to in clauses (b), (c) and (d) of sub-section (2) of section 5 shall elect one from among the councillors to preside for the occasion" shall be substituted;
(2) in sub-section (2), for the words "a standing committee", the words "a standing committee or a Wards Committee" shall be substituted.
93. Amendment of section 35.- In section 35 of the 1981 Act,-
(1) in sub-section (1), for the words "any standing committee", the words "any standing committee, Wards Committee" shall be substituted;
(2) in sub-section (2) for the words "of any standing committee or", the words "of any standing committee, Wards Committee or" shall be substituted.
94. Amendment of section 36.- In section 36 of the 1981 Act,-
(1) in sub-section (1),-
(a) for the words "No councillor", the expression "No councillor or persons referred to in clauses (b), (c) and (d) of sub-section (2) of section 5" shall be substituted;
(b) after the words "any standing committee", the words "or Wards Committee" shall be inserted;
(2) in sub-section (2), for the word "councillor" wherever it occurs, the expression "councillor or persons referred to in clauses (b), (c) and (d) of sub-section (2) of section 5" shall be substituted;
(3) in sub-section (3), for the words "such councillor", the expression "such councillor or persons referred to in clauses (A), (c) and (d) of sub-section (2) of section 5" shall be substituted;
(4) in sub-section (4), for the word "councillor" in both the places where it occurs, the expression "councillor or persons referred to in clauses (b), (c) and (d) of sub-section (2) of section 5" shall be substituted.
(5) in sub-section (5), for the words "councillor" concerned the expression "councillor concerned or persons concerned referred to in clauses (b), (c) and (d) of sub-section (2) of section 5" shall be substituted.
95. Amendment of section 37.- In section 37 of the 1981 Act, after the words "Chairman of a standing committee or other committee", the words "or any member or Chairman of a Wards Committee" shall be inserted.
96. Amendment of section 38.- In section 38 of the 1981 Act, for the words "standing committee", the words "standing committee or Wards Committee" shall be substituted.
97. Amendment of section 40.- In section 40 of the 1981 Act,-
(1) in sub-section (1),-,
(a) for the words "every standing committee", the words "every standing committee;, Wards Committee" shall be substituted;
(b) after the words "the Chairman of any standing committee", the words "or Wards Committee" shall be inserted;
(2) in sub-section (2), for the words, "standing committee" in both_ the places where they occur, the words "standing committee or Wards Committee" shall be substituted.
98. Amendment of section 48.- In section 48 of the 1981 Act, for the words "the standing committee", the words "the standing committees, Wards Committees" shall be substituted.
99. Amendment of section 50.- In section 50 of the 1981 Act-
(1) for the marginal heading, the following marginal heading shall be substituted, namely:-
"Government's power to dissolve the Corporation",
(2) for sub-section (1) including the proviso thereunder, the following sub-section shall be substituted, namely:-
"(1) If, in the opinion of the Government, the corporation 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 Government may; by notification,-
(a) dissolve the corporation from a specified date; and
(b) direct that the corporation be reconstituted with effect from a which shall not be later than six months from the date of dissolution.
(1-A) An election to reconstitute the corporation shall be completed before the expiration of a period of six months from the date of its dissolution.
(3) in sub-section (4), after the words "have vacated their offices", the expression "and the persons retched to in sub-section (2) of section 5 shall to be represented in the council" shall be inserted;
(4) in sub-section (5),-
(a) in the opening portion, for the word "Supersession" the word" shall be substituted;
(b) in clause (b), for the words "during the period of supersession", the words "during the period of dissolution" shall be substituted.;
(c) in clause (c), for the words "during the period of supersession", the words "during the period of dissolution" shall be substituted;
(5) sub-section (6) shall be omitted;
(6) in sub-section (7), the expression "or sub-section (6)" shall be omitted;
(7) for sub-section (8) including the proviso thereunder, the following sub-section shall be substituted, namely:-
"(8) All the newly elected councillors of the reconstituted corporation 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 corporation would have continued under sub-section (1) of section 5-B, had it not been dissolved.";
(8) sub-section (9) shall be omitted;
(9) in sub-section (10), the words "or superseded" and the words "or supersession" shall be omitted.
100. Insertion of new section 50-A.- After section 50 of the 1981 Act, the following section shall be inserted, namely:-
"50-A. Delegation of power by Government.-The Government may, by notification, direct that any power exercisable by it under this Act shall, subject to such conditions, if any, as may be specified in the notification be exercisable by the corporation or any of its officers or by the Commissioner or any other authority.
101. Amendment of section 53.- In section 53 of the 1981 Act,-
(1) for sub-section of (1), the following sub-section shall be substituted, namely:-
"(1) The electoral roll of the corporation 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 the corporation and shall be deemed to be the list of voters of the corporation 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 the corporation and before the not ??? of the result of such flection, shall form part of the list of voters for such election, for the purpose of this section.
(2) in sub-section (6), in clause (d), for the words "the Government", the words "the State Election Commission" shall be substituted.
102. Amendment of section 54.- In section 54 of the 1981 Act,-
(1) in sub-section (1),-
(a) in the opening portion, for the words "Any person authorised in this behalf by the Government", the words "Any officer of the Government or the corporation authorised in this behalf by the State Election Commission, in consultation with the Government" shall be substituted"
(b) in the Explanation, after the expression "disqualifications specified in sub-section (2) of section 53", the following 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 division.
(2) after sub-section (1), as so amended, the following sub-section shall be inserted, namely:-
"(1-A) To assist the person authorised under sub-section (1), the State, Election Commission may employ such persons as it thinks fit.";
(3) in sub-section (2), for the words "the Government", the words "tho State, Election Commission" shall be substituted;
(4) sub-section (3) shall be omitted.
103. Amendment of section 57.- In section 57 of the 1981 Act,-
(1) in sub-section (1), in the opening portion, the words or co-option shall be omitted;.
(2) in sub-section (2),-
(a) the words "or co-option" occurring in both the places shall be omitted;
(b) for the words "the Government", the words "tbs Governor" shall be substituted;
(3) after sub-section (2), as so amended, the following sub-section shall be inserted, 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."
104. Insertion of new sections 57-A, 57-B, 57-C and 57-D.- After section 57 of the 1981 Act, the following sections shall be inserted, namely:-
"57-A. Powers of State Election Commission.- (1) Where in connection with the tendering of any opinion to the Governor under sub-section (3) of section 57, 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 purpose 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 commit 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).
57-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.
57-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).
57-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 57-A to 57-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".
105. Amendment of section 58.- In section 58 of the 1981 Act-
(1) in sub-section (1), the words "or co-option" shall be omitted;
(2) in sub-section (2), the words "or co-option" shall be omitted
(3) in sub-section (3), the words "or co-option" wherever they occur, shall be omitted;
(4) in sub-section (4), for the words "the Government";, the words "the State Election Commission" shall be substituted.
106. Amendment of section 59.- In section 59 of the 1981 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), (c) or (d) of sub-section (2) of section 5" shall be substituted;
(2) in sub-section (2), for the words "the Government", the words "the State Election Commission" shall be substituted;
(3) in sub-section (3), the words "or co-opted" occurring in both the places shall be omitted,
107. Substitution of new section 61.- For section 61 of the 1981 Act, the following section shall be substituted, namely:-
"61. Oath or affirmation.- (1) Every councillor and every person nominated under clause (a) of sub-section (2) of section before taking his seat, shall make and subscribe at a meeting of the council an oath or affirmation according to the following form, namely:-
| "1. A.B. having been this council do |
that I will beat true faith and allegiance to the Constitution of 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 eater.
(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 before he has complied with the requirements of sub-section 1 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".
108. Amendment of section 62.- In section 62 of the 1981 Act, in sub-sections (1) and (2), the expression "sub-section (1) of section 57, section 58" shall be omitted.
109. Insertion of new headings and new sections 62-A, 62-B and 62-C after section 62.- After section 62 of the 1981 Act, the following headings and sections shall be inserted, namely:-
"disputes regarding elections
62-4. Election petitions.- (1) No election of a councillor shall be called in question except by an election petition presented to the District Judge having jurisdiction within fifteen days from the date of the publication of the result of the election under section 67.
(2) An election petition calling in question any such election may be presented on one or more of the grounds specified in ection 62-B by any candidate at such election, by any elector of the division 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
(c) 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.
62-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 a 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.
(iv) by the non-compliance with the provisions of this Act any rules or orders made there.
the District Court shall declare the declare of the returned candidate ???
(2) If in the opinion of the District Court a returned candidate has been guilty by an agent of any corrupt practice but the District Court 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 free any corrupt practice on the part of the candidate or any of his agents, then the District Court decide that the election of the returned candidate is not: void.
CORRUPT PRACTICES
62-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 (Centre I 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 persona 1 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 or his agent or by any other person for the 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 severs 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 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 a 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 Government may by rules specify to be a corrupt practice
110. Amendment of section 63.- In section 63 of the 1981 Act,-
(1) in the opening paragraph, for the words "the Government may", the words "the State Election Commission in consultation with the Government may" shall be substituted
(2) the proviso shall be omitted.
111. Amendment of section 64.- In section 64 of the 1981 Act,-
(1) in sub-section (1),-
(i) for clause (a) including the proviso thereunder, the following clause shall be substituted, namely;-
"(a) Ordinary vacancies in the office of elected councillors shall be filled at ordinary elections which shall, subject to the approval of the State Election ??? be fixed by the Government to take place on such Says within three months before the occurrence of the vacancies as they may think fit.";
(ii) in clause (b), for the words "subject to the approval of the Government by be fixed by the Commissioner", the words "subject to the approval of the State Election Commission, be fixed by the Government" shall be substituted
(2) in sub-section (2), for the words "the Government" the words "the State Election Commission in consultation with the Government" shall be substituted
(3) for sub-section (3), the following sub-section shall be substituted, namely:-
"(3) A councillor elected at a casual election shall enter upon office forthwith but shall hold office so long only as the councillor in whose place he is elected would have been entitled to hold office if the vacancy had not, occured".
112. Omission of section 65.- Section 65 of the 1981 Act shall be omitted.
113. Omission of section 66.- Section 66 of the 1981 Act shall be omitted.
114. Amendment of section 67.- In section 67 of the 1981 Act,-
(1) in the marginal heading, the words "and co-options" shall be omitted;
(2) the words "or co-options" shall be omitted.
115. Amendment of section 68.- In section 68 of the 1981 Act,-
(1) in the marginal he ding, the words "and co-options" shall be omitted;
(2) for sub-section (1), the following sub-section shall be substituted, namely;
"(1) The Government may, in consultation with the gate Election Commission make rules regulating the procedure with regard to election"
(3) in sub-section (2), for clause (a), the following clause shall be substituted, namely;-
"(a) provide for the adjudication by the District Judge having jurisdiction, of disputes arising out of elections; and".
116. Insertion of new heading and new section 193-A.- After section 193 of the 1981 Act, the following heading and section shall be inserted, namely-
"FINANCE COMMISSION
193-A. Constitution of Finance Commission.- (1) The Finance Commission referred to in Article 243-l of the Constitution shall also review the financial position of the corporation and make recommendations to the Governor as to,-
(a) the principles which should govern,-
(i) the distribution between the Government and the corporation of the net proceeds of the taxes, duties, ??? fees leviable by the Government which may be divided between them and the allocation between the corporations 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 corporation;
(iii) the grants-in-aid to the corporation from the Consolidated Fund of the State;
(b) the measures needed to improve the financial position of the corporations;
(c) any other matter referred to the Finance Commission by the Governor in the interest of sound finance of the corporation.
(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".
117. Amendment of section 431.- In section 431 of the 1981 Act, in sub-section (2), for the words "every notification issued under this Act", the expression "every notification issued under sub-section (2) of section 5-A, sub-section (2) of section 10-C or under any other provisions of this Act" shall be substituted.
118. Amendment of section 490.- In section 490 of the 1981 Act, in clause (f), for the words "the council or the standing committee", the words "the council, the standing committee or the Wards Committee" shall be substituted.
119. Insertion of new section 511-A, 511-B and 511-G.- After section 511 of the 1981 Act, the following sections shall be inserted, namely:-"
"511-A. Transitory provision.- (1) Notwithstanding anything contained in this Act, or in any other law for the time being in force, the Government may, by notification, if necessary, appoint a Special Officer to exercise the powers and discharge the functions of the corporation until the day on which the first meeting of the council is held after ordinary elections to the corporation after the commencement of Tamil Nadu Municipal Corporation Laws (Amendment and Special Provision) Act, 1994.
(2) The Special Officer appointed under sub-section (I) shall hold office only for six months from the date of the commencement of the Tamil Nadu Municipal Corporation Laws (Amendment and Special Provision) Act, 1994 and no longer.
511-B. Powers, authority and responsibilities of the Municipal Corporation, standing committees, etc.- Save as otherwise provided in this Act, the Government may, by notification and subject to such conditions and restrictions as may be specified therein, entrust to the corporation, the standing committees, Wards Committees or any other committee constituted under this Act, with such powers and responsibilities with respect to the preparation of plans for economic development and social justice and also with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in Schedule X
511-C. Power in remove difficulties.- (1) If any difficulty arises in giving effect to the provisions of this Act, as amended by the Tamil Nadu Municipal Corporation Laws (Amendment and Special Provision) Act, 1994 the Government may by an order published is the Tamil Nadu Government Gazette, make such provisions, not inconsistent with the provisions of this Act, as amended by the Tamil Nadu Municipal Corporation Laws.(Amendment and Special Provision) 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 Municipal Corporate Laws (Amendment and Special Provision) Act, 1919
(2) Every order made under sub-section (1) shall, as soon as possible, alter it is made, be placed on the table of the Legislative Assembly and if, 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 made, 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".
120. Addition of new schedules VIII, IX and X.- After Schedule VII to the 1981 Act, the following Schedules shall be added, namely:-
"SCHEDULE VII
(see section 5-A)
THE NUMBER AND AREAS OF VARIOUS ZONES
| Number | Name of zone. | Area of the zone number and name of the division. |
| (1) | (2) | (3) |
| 1 | Zone I .. .. | 1. Peelamedu 2. Peelamedu East Part 3. Peelamedu East 4. S.I.H.S. Colony, Ondipudur 5. Ondipudur North 6. Ondipudur (South) Singanallur (East) 7. Kalli Madai 8. Krishnapuram 9. Neelikonampalayam Ramanuja Nagar 10. Masakalipalayam |
| 2 | Zone II .. .. | 11. Uppilipalayam 12. Nanjundapuram 13. Bye-pass and Kavery Nagar Area 14. Sowripalayam 15. Udayampalayam 16. Peelamedupudur 17. Krishnarayapuram 18. Sidhapu Pudur 19. Pappanaickenpalayam 20. Pappanaickenpalayam East |
| 3 | Zone III .. .. | 21. Puliakulam 22. Pankaja Mill Area 23. Ramanatapuram East 24. Raman athapuram West 25. C.M.C. Medical Hospital Area 26. Race Course 27. Kattor 28. Ram Nagar 29. Siddapudur West 30. Gandhipuram East |
| 4 | Zone IV .. .. | 31. Rarnn agar North 32. Tatabad 33. Sivananda Colony 34. Bharathi Park 35. Ramarajapuram Area 36. Thiagaraya New Street Part Area 37. Marakkadai 38. Union High School 39. Kottai East 40. Kottai West |
| 5 | Zone V .. .. .. | 41. Ukkadan 42. Selvachinthamanikulam 43. Dharamaraja Koil Street 44. Therthidal Area 45. Pasuvannan Koil Street 46. Marakkara Nanjappan. Street 47. Teppakulam Area 48. Light House Area 49. R.S. Puram North 50. R.S. Puram West, Thadagain Road Cross |
| 6 | Zone VI .. .. .. | 51. R.S. Puram South 52. Ponnaiya Rajapuram 53. Selvapuram 54. Attupalam and Soutn Housing Unit 55. Telungupalayam Muthusamy Colony Area. 56. Chokkampudur and North Housing Unit Area. 57. Poosaripalayam, Kumarasamy Tank 58. Seeranaickenpalayam 59. Pappanaicken Pudur 60. Velandipalayam and Koilmedu |
| 7 | Zone VII .. .. .. | 61. Venkitapurair and Jawaharpitram 62. K.K. Pudur West and Saibaba Colony 63. Kuppakon ampudur 64. K.K. Pudur (Fust) 65. Nallampalayam 65. Nallampalayam 66. Sangaroor 67. Rathinapuri West 68. Rathinapuri Centre 69. Ratcmapuri East 70. Gar apathy Pudur Part 71. Gan apathy Part 72. Gan apathy |
SCHEDULE-IX
(See section 10-C)
POWERS AND FUNCTIONS OF THE WARDS COMMITTEE
(1) Sanction estimates and plans for municipal works to be carried out within the zone costing up to rupees five lakhs, other than works taken up and executed for Madurai as a whole or those covering more than one zone, provided that specific provision exists therefor in the budget sanctioned by the corporation.
(2) Call for any report, return, plan, estimate, statement, account or statistics from the Commissioner, connected with matter pertaining to the municipal administration in the zone.
(3) Scrutinize monthly statements of receipts and disbursements and of the progress reports in the collection of revenue in the zone.
(4) Consider and make recommendations on the proposals regarding estimates of revenue and expenditure pertaining to the zone under different heads of account of the budget before being forwarded to the Commissioner.
(5) Report or advise upon any matter which the corporation may refer to it under the Act.
(6) Deal with such other matters as may be delegated by the corporation to the Wards Committee.
(7) In general exercise all such municipal powers and functions of the corporation as are to be performed exclusively in the zone concerned other than those relating to Coimbatore as a whole or involving two or more zones.
SCHEDULE X
(See section 511-B)
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, playgrounds.
10. Promotion of cultural, educational and aesthetic aspects.
11. Burials and burial grounds, cremations, 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. Regulation of slaughter houses and tanneries".
PART V
SPECIAL PROVISION FOR RESERVATION OF OFFICES OF MAYOR
121. Reservation of Offices of Mayor for the members of the members of the scheduled castes or the scheduled Tribes and for women.- Out of total number of offices of the Mayor in this State, one shall be reserved for the members belonging to the Scheduled Castes or the Scheduled Tribes, as the case may be, and two shall be reserved for women:
Provided that the offices, of Mayor reserved under this section shall be allotted by rotation to different municipal corporations in the State in such manner as may be prescribed before the ordinary elections to the municipal corporations in the state