Tamil Nadu Municipal Corporations Laws (Amendment) Act, 2002*
| [Tamil Nadu Act No. 10 of 2002] | [26th May, 2002] |
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 Fifty-third Year of the Republic of India as follows:-
* Received the assent of the Governor on the 26th May, 2002 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 Corporations Laws (Amendment) Act, 2002.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
PART-II
Amendments to the Chennai City Municipal Corporation Act, 1919
2. Substitution of sections 37 and 37-A.- In the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919) (hereafter in this Part referred to as the 1919 Act), for sections 37 and 37-A, the following section shall be substituted, namely:-
"37. Mayor may obtain report.- The Mayor may obtain report from the commissioner on any matter connected with the administration of the corporation".
3. Substitution of section 78.- For section 78 of the 1919 Act the following sections shall be substituted, namely:-
"78. Powers of municipal authorities to sanction estimates.- The powers of the different municipal authorities to sanction estimates shall be as follows:-
(a) when the amount of estimate does not exceed one lakh of rupees, the sanction of the concerned wares committee shall be required;
(b) when the amount of estimate exceeds one lakh of rupees but does not exceed ten lakhs of rupees, the sanction of the commissioner shall be required;
(c) when the amount of estimate exceeds ten lakhs of rupees but does not exceed fifteen lakhs of rupees, the sanction of the concerned standing committee (other than the standing committee of taxation and finance) shall be required:
(d) when the amount of estimate exceeds fifteen lakhs of rupees but does not exceed twenty lakhs of rupees, the sanction of the standing committee on taxation and finance shall be required:
(e) when the amount of estimate exceeds twenty lakhs of rupees but does not exceed fifty lakhs of rupees, the sanction of the council shall be required:
(f) when the amount of estimate exceeds fifty lakhs of rupees, the sanction of the State Government shall be required.
79. Works costing more than ten lakhs of rupees.-(1) Where a project is framed for the execution of any work or series of works the entire estimated cost of which exceeds ten lakhs of rupees,-
(a) the commissioner shall cause a defailed report to be prepared including such estimates and drawings as may be requisite and shall lay the same.-
(i) before the concerned standing committee (other than the standing committee on taxation and finance), if the entire estimated cost exceeds ten lakhs of rupees but does not exceed fifteen lakhs of rupees;
(ii) before the standing committee on taxation and finance, if the entire estimated cost exceeds fifteen lakhs of rupees but does not exceed twenty lakhs of rupees;
(iii) before the council, if the entire estimated cost exceeds twenty lakhs of rupees.
(b) the concerned standing committee or the standing committee on taxation and finance or the council, as the case may be, shall consider the report and may approve it either in its entirety or subject to modifications or may reject the same.
(2)(a) Where the council approves the project, subject to any modifications or otherwise, the entire estimated cost of which exceeds fifty lakhs of rupees, the same shall be submitted to the State Government.
(b) The State Government may sanction the project either in its entirety or subject to modification or may reject the same and the work shall not be commenced without such sanction of the State Government.
(c) No material change in the project sanctioned as aforesaid shall be carried into effect without the sanction of the State Government".
4. Amendment of section 80.- In section 80 of the 1919 Act, for sub-section (2), the following sub-section shall be substituted, namely:-
"(2) Every contract on behalf of the corporation shall be made by the commissioner subject to the following provisions, namely:-
(a) no contract the estimated cost of which does not exceed one lakh of rupees shall be made by the commissioner unless it has been sanctioned by the concerned wards committee;
(b) any contract the estimated cost of which exceeds one lakh of rupees but does not exceed ten lakhs of rupees may be made by the commissioner;
(c) no contract the estimated cost of which exceeds ten lakhs of rupees but does not exceed fifteen lakhs of rupees shall be made by the commissioner unless it has been sanctioned by the concerned standing committee (other than the standing committee on taxation ???);
(d) ??? the estimated cost of which exceeds ??? lakhs of rupees but does not exceed twenty lakhs of rupees shall be made by the ??? unless it has been sanctioned by the standing committee on taxation and finance;
(e) no contract the estimated cost of which exceeds twenty lakhs of rupees but does not exceed fifty lakhs of rupees shall be made by the commissioner unless it has been sanctioned by the council;
(f) no contract the estimated cost of which exceeds fifty lakhs of rupees shall be made by the commissioner unless it has been sanctioned by the State Government;
(g) ??? thousand rupees made by the ??? committee within fifteen days ??? the date on which it has been made.
PART-III
Amendments to the Madurai City Municipal Corporation Act, 1971
5. Substitution of sections 38 and 38-A.- In the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of ???) (hereafter in this Part referred to as the 1971 Act), for sections 38 and 38-A, the following section shall be substituted, namely:-
"38. Mayor may obtain report.-The Mayor may obtain report from the commissioner on any matter connected with the administration of the corporation".
6. Substitution of section 97.- For section 97 of the 1971 Act, the following sections shall be substituted, namely:-
"97. Powers of municipal authorities to sanction estimates.- The powers of the different municipal authorities to sanction estimates shall be as follows:
(a) when the amount of estimate does not exceed fifty thousand rupees, the sanction of the concerned wards committee shall be required;
(b) when the amount of estimate exceeds fifty thousand rupees but does not exceed five lakhs of rupees, the sanction of the commissioner shall be required;
(c) when the amount of estimate exceeds five lakhs of rupees but does not exceed ten lakhs of rupees, the sanction of the concerned standing committee (other than the standing committee on taxation and finance) shall be ???;
(d) when the amount of estimate exceeds ten lakhs of rupees but does not exceed fifteen lakhs of rupees, the sanction of the standing committee on taxation and finance shall be required;
(e) when the amount of estimate exceeds fifteen lakhs of rupees but does not exceed twenty-five lakhs of rupees, the sanction of the council shall be required;
(f) when the amount of estimate exceeds twenty-five lakhs of rupees, the sanction of the Government shall be required.
98. Works costing more than five lakhs of rupees.-(1) where a project is framed for the execution of any work or series of works the entire estimated cost of which exceeds five lakhs of rupees,-
(a) the commissioner shall cause a detailed report to be prepared including such estimates and drawings as may be requisite and shall lay the same,-
(i) before the concerned standing committee (other than the standing committee on taxation and finance), if the entire estimated cost exceeds five lakhs of rupees but does not exceed ten lakhs of rupees;
(ii) before the standing committee on taxation and finance in the entire estimated cost exceeds ten lakhs of rupees but does not exceed fifteen lakhs of rupees;
(iii) before the council, if the entire estimated cost exceeds fifteen lakhs of rupees;
(b) the concerned standing committee or the standing committee on taxation and finance or the council, as the case may be, shall consider the report and may approve it either in its entirety or subject to modifications or may reject the same.
(2)(a) Where the council approves the project subject to any modifications or otherwise, the entire estimated cost of which exceeds twenty-five lakhs of rupees, the same shall he submitted to the Government.
(b) The Government may sanction the project either in its entirety or subject to modifications or may reject the same and the work shall not be commenced without such sanction of the Government.
(c) No material change in the project sanctioned as aforesaid shall be carried into effect without the sanction of the Government".
7. Amendment of section 99.- In section 99 of the 1971 Act, for sub-section (2), the following sub-section shall be substituted, namely:-
"(2) Every contract on behalf of the corporation shall be made by the commissioner subject to the following provisions, namely:-
(a) no contract the estimated cost of which does not exceed fifty thousand rupees shall be made by the commissioner unless it has been sanctioned by the concerned wards committee;
(b) any contract the estimated cost of which exceeds fifty thousand rupees but does not exceed five lakhs of rupees shall be made by the commissioner;
(c) no contract the estimated cost of which exceeds five lakhs of rupees but does not exceed ten lakhs of rupees shall be made by the commissioner unless it has been sanctioned by the concerned standing committee (other than the standing committee on taxation and finance);
(d) no contract the estimated cost of which exceeds ten lakhs of rupees but does not exceed fifteen lakhs of rupees shall be made by the commissioner unless it has been sanctioned by the standing committee on taxation and finance;
(e) no contract the estimated cost of which exceeds fifteen lakhs of rupees but does not exceed twenty-five lakhs of rupees shall be made by the commissioner unless it has been sanctioned by the council;
(f) no contract the estimated cost of which exceeds twenty-five lakhs of rupees shall be made by the commissioner unless it has been sanctioned by the Government;
(g) every contract the estimated cost of which exceeds ten thousand rupees made by the commissioner shall be reported to the concerned standing committee within fifteen days from the date on which it has been made".
PART-IV
Amendments to the Coimbatore City Municipal Corporation Act, 1981
8. Substitution of sections 39 and 39-A.- In the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981) (hereafter in this Part referred to, the 1981 Act), for sections 39 and 39-A, the following section shall be substituted, namely:-
"39. Mayor may obtain report.-The Mayor may obtain report from the commissioner on any matter connected with the administration of the corporation".
9. Substitution of sections 99.- For section 99 of the 1981 Act, the following sections shall be substituted, namely:-
"99. Powers of municipal authorities to sanction estimates.-The powers of the different municipal authorities to sanction estimates shall be as follows:-
(a) when the amount of estimate does not exceed fifty thousand rupees, the sanction of the concerned wards committee shall be required;
(b) when the amount of estimate exceeds fifty thousand rupees but does not exceed five lakhs, of rupees, the sanction of the commissioner shall be required;
(c) when the amount of estimate exceeds five lakhs of rupees but does not exceed ten lakhs of rupees, the sanction of the concerned standing committee (other than the standing committee on taxation and finance) shall be required;
(d) when the amount of estimate exceeds ten lakhs of rupees but does not exceed fifteen lakhs of rupees, the sanction of the standing committee on taxation and finance shall be required;
(e) when the amount of estimate exceeds fifteen lakhs of rupees but does in exceed twenty-five lakhs of rupees, the sanction of the council shall be required;
(f) when the amount of estimate exceeds twenty-five lakhs of rupees, the sanction of the Government shall be required.
100. Works costing more than five lakhs of rupees.-(1) Where a project is framed for the execution of any work or series of words the entire estimated cost of which exceeds five lakhs of rupees,-
(a) the commissioner shall cause a detailed report to be prepared including such estimates and drawings as may be requisite and shall lay the same,-
(i) before the concerned standing committee (other than the standing committee on taxation and finance), if the entire estimated cost exceeds five lakhs of rupees but does not exceed ten lakhs of rupees;
(ii) before the standing committee on taxation and finance, if the entire estimated cost exceeds ten lakhs of rupees but does not exceed fifteen lakhs of rupees;
(iii) before the council, if the entire estimated cost exceeds fifteen lakhs of rupees;
(b) the concerned standing committee or the standing committee on taxation and finance or the council, as the case may be, shall consider the report and may approve it either in its entirety or subject to modifications or may reject the same.
(2)(a) Where the council approves the project subject to any modifications or otherwise, the entire estimated cost of which exceeds twenty-five lakhs of rupees, the same shall he submitted to the Government.
(b) The Government may sanction the project either in its entirety or subject to modifications or may reject the same and the work shall not be commenced without such sanction of the Government.
(c) No material change in the project sanctioned as aforesaid shall be carried into effect without the sanction of the Government".
10. Amendment of section 101.- In section 101 of the 1981 Act, for sub-section (2), the following sub-section shall be substituted, namely:-
"(2) Every contract on behalf of the corporation shall be made by the commissioner subject to the following provisions, namely:-
(a) no contract the estimated cost of which does not exceed fifty thousand rupees shall be made by the commissioner unless it has been sanctioned by the concerned wards committee;
(b) any contract the estimated cost of which exceeds fifty thousand rupees but does not exceed five lakhs of rupees shall be made by the commissioner;
(c) no contract the estimated cost of which ??? five lakhs of rupees but does not exceed ten lakhs of rupees shall be made by the commissioner ??? it has been sanctioned by the concerned standing committee (other than the standing commissioner on taxation and finance);
(d) no contract the estimated cost of which exceeds ten lakhs of rupees but does not exceed fifteen lakhs of rupees shall be made by the commissioner unless it has been sanctioned by the standing committee on taxation and finance;
(e) no contract the estimated cost of which exceeds fifteen lakhs of rupees but does not exceed twenty-five lakhs of rupees shall be made by the commissioner unless it has been sanctioned by the council;
(f) no contract the estimated cost of which exceeds twenty-five lakhs of rupees shall be made by the commissioner unless it has been sanctioned by the Government;
(g) every contract the estimated cost of which exceeds ten thousand rupees made by the commissioner shall be reported to the concerned standing committee within fifteen days from the date on which it has been made".