Tamil Nadu Municipal Corporation Laws (Special Provisions and Amendment) Act, 1989*
| [Tamil Nadu Act No. 5 of 1989] | [25th February, 1989] |
An Act to make special provisions for holding elections to the City Municipal Corporations in the State of Tamil Nadu and further to amend the Tamil Nadu Municipal Corporation Laws
Whereas a policy decision has been taken by the State Government that the elections to the Municipal Corporations of Madras, Madurai and Coimbatore will be held during April-May, 1989;
And Whereas the Municipal Corporation Laws provide eighteen years as the minimum age for voting;
And Whereas no electoral roll has been prepared in accordance with the said Laws;
And Whereas the preparation of new rolls with eighteen years as the minimum age for voting may taken long time;
And Whereas in order to complete the process of elections to the said Municipal Corporations, there is no other alternative except to hold the elections on the basis of the electoral rolls for the territorial constituencies of the Tamil Nadu Legislative Assembly as relate to the division or ward of the said Municipal Corporations;
And Whereas it is considered necessary to make suitable provision in this regard and for certain other connected matters;
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fortieth Year of the Republic of India as follows:-
* Received the assent of the Governor on the 25th February, 1989 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 (Special Provisions and Amendment) Act, 1989.
(2) It shall come into force at once.
PART II
SPECIAL PROVISIONS
2. Elections to the Municipal Corporation of Madras, Madurai and Coimbatore.- (1) Elections to the Municipal Corporations of Madras, Madurai and Coimbatore shall be held during April-May, 1989, on such date or dates as the State Government may specify in this behalf, and for the purpose of holding such elections, the electoral rolls shall, notwithstanding anything to the contrary contained in the Madras City Municipal Corporation Act, 1919, the Madurai City Municipal Corporation Act, 1971 and the Coimbatore City Municipal Corporation Act, 1981, be prepared in accordance with the provisions of sub-section (2) and (3)
(2) Every person whose name has been included in such part, as relates to any of the division or ward, as the case may be, in the City of Madras, Madurai or Coimbatore of the electoral roll for any territorial constituency of Tamil Nadu Legislative Assembly for which elections were hold, or were held to be held on 21st January, 1989, and every other person who was qualified as on the 1st January, 1989 to be included in such part of the electoral roll but was not so included for any reason whatsoever, shall be entitled to the included in the respective electoral roll to be prepared for the elections to be held under this section and no other person shall be entitled to be included in such roll.
Explanation I.-Where in the case of any territorial constituency of the Tamil Nadu Legislative Assembly there is no distinct part of the doctoral roll relating to a division or ward, every person whose name has been included and every person who was qualified to be included in such roll under the registration area comprising that division or ward and whose address is situated in such division or ward, shall be entitled to be included in the electoral roll for the division or ward prepared for the elections to be held under this section.
Explanation II.-No person's name shall be induced in the electoral roll for more than one division or ward or in the electoral roll for any division or ward in more than one place.
(3) Any person authorised in this behalf by the State Government shall, for the purpose of this section, prepare in accordance with the provisions of this section and such directions not inconsistent with the provisions of the Madras City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971) or the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981), as the case may be, as the State Government may, from time to time issue in this behalf and publish, in such manner and at such times as the State Government may direct, the electoral roll for each of the division or ward comprised in the concerned City or the alterations to such roll, as the case may be.
Explanation.-The power conferred by thin sub-section on the person so authorised shall include the power to omit, in the manner and at the times aforesaid, from the electoral roll for any Rich division or ward published under this sub-section, the name of any person who is dead 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 or ward.
(4) Save as otherwise provided in the foregoing sub-sections, the provisions of the Madras City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971) and the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981), relating to the elections to the Municipal Corporations of Madras, Madurai and Coimbatore, respectively (including the provisions relating to the preparation and publication of the electoral rolls), shall apply to the elections to be held under this section.
PART III
AMENDMENTS TO THE MADRAS CITY MUNICIPAL CORPORATION ACT, 1919
3. Amendment of section 28.- In the Madras City Municipal Corporation Act, 1919 (hereafter in this Part referred to as the 1919 Act) (Tamil Nadu Act IV of 1919), in section 28, in sub-section (1), for the words "two years", the words "one year" shall be substituted.
4. Amendment of section 29.- In section 29 of the 1919 Act, in the first paragraph, for the words "two years", the words "one year" shall be substituted.
5. Amendment of section 44-A.- In sub-section (7-A) of section 44-A of the 1919 Act, in the first paragraph, for the words "six years", the words "five years" shall be substituted.
6. Amendment of section 55.- In section 55 of the 1919 Act, in the first paragraph, for the words "six years", the words "five years" shall be substituted.
PART IV
AMENDMENTS TO THE MADURAI CITY MUNICIPAL CORPORATION ACT, 1971
7. Amendment of section 29.- In the ??? 1971 (hereafter this Part section (1), in the openning ??? "two year" ??? "one year" shall be substituted.
8. Amendment of section 29-A.- In section 29-A of the 1971 Act in the opening partition, after the words "the council shall ??? the words "in each year" ??? inserted.
9. Amendment of section 30.- In section of the 1971 Act in sub-section (1).
(i) for the words "two years" the words "one year" shall be substituted;
(ii) in the provision for the words "two years" the words "one year" shall be substituted.
10. Amendment of section 48.- In sub-section (8) of section 48 of the 1971 Act in the first paragraph, for the words "??? years", the words "five years" shall be substituted.
11. Amendment of section 61.- In section 61 of the 1971 Act, in the ??? paragraph, for the words "six years", the word "five years" shall be substituted.
12. Amendment of section 62-A.- To sub-section (1) of section 62-A of the 1971 Act, the following proviso shall be added, ???.
"Provided that the Government may, by notification, for sufficient cause, direct that the said ??? be extended ??? by such period not exceeding six months as may be specified in such notification".
PART V
AMENDMENTS TO THE COIMBATORE CITY MUNICIPAL CORPORATION ACT, 1981
13. Amendment of section 29.- In the Coimbatore City Municipal Corporation Act, 1981 (hereafter ??? in sub-section (1) for the words "two year", ??? the words "one year" ???.
14. Amendment of section 30.- In sub-section (8) of section 50 of the 1981 Act in sub-section (1) and in the proviso thereto, for the words "two years", occuring in two places, the words "one year" shall be substituted.
15. Amendment of section 50.- In sub-section (8) of section 50 of the 1981 Act in the first paragraph for the words "six years", the words "five years" shall be substituted.
16. Amendment of section 63.- In section 63 of the 1981 Act, in the first paragraph, for the words "??? years", the words "five years" shall be substituted.