Tamil Nadu Municipal Corporation Laws (Second Amendment) Act, 1991*
| [Tamil Nadu Act No. 18 of 1991] | [18th July, 1991] |
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-second Year of the Republic of India as follows:-
* Received the assent of the Governor on the 18th July, 1991 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 (Second Amendment) Act, 1991.
(2) It shall come into force at once.
PART II
Amendments to the Madras City Municipal Corporation Act, 1919
2. Substitution of section 5.- In the Madras City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919) (hereafter in this part referred to as the 1919 Act) for section 5, the following section shall be substituted, namely:-
"5. Constitution of the council.-(1) Save as otherwise provided in sub-section (4), the council shall consist of one hundred and fifty-five councillors elected in the manner laid down in this Act.
(2) Notwithstanding anything contained in sub-section (1) there shall be representation in the council for the members of the Scheduled Castes and the Scheduled Tribes and the number of members representing the Scheduled Castes and the Scheduled Tribes shall bear, as nearly as may be, the same proportion to the total number of seats in the council as the population of the Scheduled Castes and the Scheduled Tribes in the City, bears to the total population of the City and if sufficient number of members belonging to the Scheduled Pastes and the Scheduled Tribes are not elected to that extent to the council, the elected members of the council shall, at the first meeting of the council after each ordinary election to the council, co-opt to itself the members belonging to the Scheduled Castes and the Scheduled Tribes to that extent as councillors, in accordance with such procedure as may be prescribed.
Explanation.-For the purpose of this sub-section, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published.
(3) Notwithstanding anything contained in sub-section (1), there shall be, as nearly as may be, thirty per cent representation for women in the council and if sufficient number of women are not elected to that extent to the council, the elected members of the council shall, at the first meeting of that council after each ordinary election to the council, co-opt to itself such number of women, as may be necessary as councillors, in accordance with such procedure as may be prescribed, to ensure that there is thirty per cent representation for Women in the council.
(4) The strength of the council as specified in sub-section (1) shall be deemed to be increased by such number as may be co-opted under sub-sections (2) and (3).
(5) Notwithstanding anything contained in this Act, the provisions relating to the qualification and disqualification of councillors under this Act shall, as far as may be, apply in relation to the councillors co-opted under sub-sections (2) and (3) as they apply to the councillors elected under sub-section (1)".
3. Amendment of section 53-A.- In section 53-A of the 1919 Act,-
(1) in sub-section (1),-
(a) for the words "every person who is elected", the words every person who is elected or co-opted" shall be substituted;
(b) for the expression, "I, A.B., having been elected a councillor" the expression
shall be substituted;
(2) in sub-section (2), for the word "elected", the words, "elected or co-opted" shall be substituted;
(3) in sub-section (3), for the word "elected", the words "elected or co-opted" shall be substituted.
4. Amendment of section 55-A.- In section 55-A of the 1919 Act, for sub-section (3), the following sub-section shall be substituted, namely:-
"(3) A councillor elected at a casual election or co-opted at a casual vacancy of a co-opted councillor shall enter upon office forthwith but shall hold office so long only as the councillor in whose place he is elected or co-opted would have been entitled to hold office if the vacancy had not occurred".
5. Amendment of section 58.- In section 58 of the 1919 Act, for the words "elections of councillors", the words "elections or co-options of councillors" shall be substituted.
6. Amendment of section 59.- In section 59 of the 1919 Act,-
(1) in the marginal heading, for the word "election", the words "election and co-option" shall be substituted;
(2) in sub-section (1), for the word "elections", the words "elections and co-options" shall be substituted;
(3) in sub-section (2), in clause (b), for the word "elections", the words "elections or co-options" shall be substituted.
PART III
Amendments to the Madurai City Municipal Corporation Act, 1971
7. Amendment of section 2.- In the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971) (hereafter in this Part referred to as the 1971 Act), in section 2, after clause (11), the following clause shall be inserted, namely:-
"(11-A) ‘councillor’ includes a person co-opted to the council as a councillor;".
8. Substitution of section 5.- For section 5 of the 1971 Act, the following section shall be substituted, namely:-
"5. Constitution of the council.- (1) Save as otherwise provided in sub-section (4), the council shall consist of seventy two councillors elected in the manner laid down in this Act.
(2) Notwithstanding anything contained in sub-section (1), there shall be representation in the council for the members of the Scheduled Castes and the Scheduled Tribes and the number of members representing the Scheduled Castes and the Scheduled Tribes shall bear, as nearly as may be, the same proportion to the total number of seats in the council as the population of the Scheduled Castes and the Scheduled Tribes in the city, bears to the total population of the city and if sufficient number of members belonging to the Scheduled Castes and the Scheduled Tribes are not elected to that extent to the council, the elected members of the council shall, at the first meeting of the council after each, ordinary election to the council, co-opt to itself the members belonging to the Scheduled Castes and the Scheduled Tribes to that extent as councillors, in accordance with such procedure as may be prescribed.
Explanation.-For the purpose of this sub-section, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published.
(3) Notwithstanding anything contained in sub-section (1), there shall be, as nearly as may be, thirty per cent representation for women in the council and if sufficient number of women are not elected to that extent to the council, the elected members of the council shall, at the first meeting of the council after each ordinary election to the council, co-opt to itself such number of women, as may be necessary as councillors, in accordance with such procedure as may be prescribed, to ensure that there is thirty per cent representation for women in the council.
(4) The strength of the council as specified in sub-section (1) shall lie deemed to be increased by such number as may be co-opted under sub-sections (2) and (3).
(5) Notwithstanding anything contained in this Act, the provisions relating to the qualification and disqualification of councillors under this Act shall, as far as may be, apply in relation to the councillors co-opted under sub-sections (2) and (3) as they apply to the councillors elected under sub-, section (1)".
9. Amendment of section 55.- In section 55 of the 1971 Act, in sub-section (1), clause (e) shall be emitted.
10. Amendment of section 62.- In section 62 of the 1971 Act,-
(1) for sub-section (3), the following sub-section shall be substituted, namely:-
"(3) A councillor elected at a casual election or co-opted at a casual vacancy of a co-opted councillor shall enter upon office forthwith but shall hold office so long only as the councillor in whose place he is elected or co-opted would have been entitled to hold office if the vacancy had not occurred.";
(2) sub-sections (4) and (5) shall be omitted.
11. Amendment of section 66.- In section 66 of the 1971 Act, in the marginal heading, for the word "election", the words "election and co-option" shall be substituted.
PART IV
AMENDMENTS TO THE COIMBATORE CITY MUNICIPAL CORPORATION ACT, 1981
12. Amendment of section 2.- In the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981) (hereafter in this Part referred to as the 1981 Act), in section 2, after clause (12), the following clause shall be inserted, namely:-
"12-A ‘councillor’ includes a person co-opted to the council as a councillor;"
13. Amendment of section 5.- For section 5 of the 1981 Act, the following section shall be substituted, namely:-
"5. Constitution of the council.-(1) Save as otherwise provided ill sub-section (4), the council shall consist of seventy two councillors elected in the manner laid down in this Act.
(2) Notwithstanding anything contained in sub-section (1), there shall be representation in the council for the members of the Scheduled Castes and the Scheduled Tribes and the number of members representing the Scheduled Castes and the Scheduled Tribes shall bear, as nearly at may be, the same proportion to the total number of seats in the council as; the population of the Scheduled Castes and the Scheduled Tribes in the City, bears to the total population of the City and if sufficient number of members belonging to the Scheduled Castes and the Scheduled Tribes are not elected to that extent to the council, the elected members of the council shall, at the first meeting of the council after each ordinary election to the council, co-opt to itself the members belonging to the Scheduled Castes and the Scheduled Tribes to that extent as councillors, in accordance with such procedure as may be prescribed.
Explanation.-For the purpose of this sub-section, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published.
(3) Notwithstanding anything contained in sub-section (1), there shall be, as nearly as may be thirty per cent representation for women in the council and if sufficient number of women are not elected to that extent to the council, the elected members of the council shall, at the first meeting of the council after each ordinary election to the council, co-opt to itself such number of women, as may be necessary as councillors, in accordance with such procedure as may be prescribed to ensure that there is thirty per cent representation for women in the council.
(4) The strength of the council as specified in sub-section (1) shall be deemed to be increased by such number as may be co-opted under sub-sections (2) and (3).
(5) Notwithstanding anything contained in this Act, the provisions relating to the qualification and disqualification of councillors under this Act shall, as far as may be, apply in relation to the councillors co-opted under sub-sections) (2) and (3) as they apply to the councillors elected under sub-section (1)".
14. Amendment of section 57.- In section 57 of the 1981 Act, in sub-section (1), clause (c) shall be omitted.
15. Amendment of section 64.- In section 64 of the 1981 Act,-
(1) for sub-section (3), the following sub-section shall be substituted, namely:-
"(3) A councillor elected at a casual election or co-opted at a casual vacancy of a co-opted councillor shall enter upon office forthwith but shall hold office so long only as the councillor in whose place he is elected or co-opted would have been entitled to hold office if the vacancy had not occurred".
(2) sub-sections (4) and (5) shall be omitted.
16. Amendment of section 68.- In section 68 of the 1981 Act, in the marginal heading, for the word "election", the words "election and co-option" shall be substituted.