Tamil nadu act 032 of 1985 : Tamil Nadu Municipal Laws (Amendment) Act, 1985

Preamble

Tamil Nadu Municipal Laws (Amendment) Act, 1985*

[Tamil Nadu Act No. 32 of 1985][20th July, 1985]

An Act junker to amend the laws relating to Municipal Corporations and Municipalities.

Be it enacted by the Legislature of the State of Tamil Nadu in the Thirty-sixth Year of the Republic of India as follows;-

* Received the assent of the Governor on the 20th July, 1985 and published in the Tamil Nadu Government Gazette, Extraordinary.

Section 1. Short title and commencement

PART I

PRELIMINARY

1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Municipal Laws (Amendment) Act, 1985.

(2) It shall come into force at once.

Section 2. Substitution of section 97, Tamil Nadu Act IV of 1919

PART II

AMENDMENT TO THE MADRAS CITY MUNICIPAL CORPORATION ACT, 1919

2. Substitution of section 97, Tamil Nadu Act IV of 1919.- For section 97 of the Madras City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), the following section shall be substituted, namely:-

"97. Power of State Government to transfer officers and servants of the corporations or municipalities.-(1) Notwithstanding anything contained in this Act or in any other law for the time being in force, the State Government shall have power-

(a) to transfer any officer or servant of the corporation to the service of the Municipal Corporation of Madurai constituted under the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971) or the Municipal Corporation of Coimbatore constituted under the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981) or any other municipal corporation constituted under any law for the time being in force; or,

(b) to transfer any officer or servant of the Municipal Corporation of Madurai constituted under the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971) or the Municipal Corporation of Coimbatore constituted under the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981) or any other municipal corporation constituted under any law for the time being in force, to the service of the corporation; or

(c) to transfer any officer or servant of the corporation to the service of any municipality constituted under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920); or

(d) to transfer any officer or servant of any municipality constituted under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), to the service of the corporation.

(2) The State Government shall have power to issue such general or special directions as they may deem necessary for the purpose of giving due effect to any transfer made under sub-section (1)."

Section 3. Substitution of section 13-A, Tamil Nadu Act V of 1920

PART III

AMENDMENT TO THE TAMIL NADU DISTRICT MUNICIPALITIES ACT, 1920

3. Substitution of section 13-A, Tamil Nadu Act V of 1920.- For section 73-A of the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), the following section shall be substituted, namely:-

"73-A. Power of State Government to transfer officers and servants of municipalities or corporations.- (1) Notwithstanding anything contained in this Act or: any other law for the time being in force, the State Government shall have power-

(a) to transfer any officer or servant of a municipality to the service of the Municipal Corporation of Madras constituted under the Madras City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919) or the Municipal Corporation of Madurai constituted under the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971) or the Municipal Corporation of Coimbatore constituted under the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981) or any other municipal corporation constituted under any law for the time being in force: or

(b) to transfer any officer or servant of any of the municipal corporation referred to in clause (a), to the service of any municipality; or

(c) to transfer any officer or servant of any municipality to the service of any other municipality.

(2) The State Government shall have power issue such general or special directions as they may deem ??? for the purpose of giving due effect to any transfer made under sub-section (1)."

Section 4. Substitution of section 114, Tamil Nadu Act 15 of 1971

PART IV

AMENDMENT TO THE MADURAI CITY MUNICIPAL CORPORATION ACT, 1971

4. Substitution of section 114, Tamil Nadu Act 15 of 1971.- For section 114 of the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971), the following section shall be substituted, namely:-

"114. Power of Government to transfer officers and servants of the corporation or municipalities.- (1) Notwithstanding anything contained in this Act or in any other law for the time being in force, the Government shall have power-

(a) to transfer any officer or servant of the corporation to service of the Municipal Corporation of Madras constituted under the Madras City Municipal Corporation Act, 1919 (Tamil Nadu Act; IV of 1919) or the Municipal Corporation of Coimbatore constituted under the Coimbatore cay Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981) or any other municipal, corporation constituted under any law for the time being in force; or

(b) to transfer any officer or servant of the Municipal Corporation of Madras constituted under the Madras City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919) or the Municipal Corporation of Coimbatore constituted under the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981) or, any other municipal corporation constituted under any law for the time being in force, to the service of the corporation; or

(c) to transfer any officer or servant of the corporation to the service of any municipality constituted under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920); or

(d) to transfer any officer or servant, of any municipality constituted under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), to the service of the corporation.

(2) The Government shall have power to issue such general or special directions as they may deem necessary for the purpose of giving due effect to any transfer made under sub-section (1)."

Section 5. Substitution of section 116, Tamil Nadu Act 25 of 1981

PART V

AMENDMENT TO THE COIMBATORE CITY MUNICIPAL CORPORATION ACT, 1981

5. Substitution of section 116, Tamil Nadu Act 25 of 1981.- For section 116 of the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981), the following section shall be substituted, namely:-

"116. Power of Government to transfer officers and servants of the corporation or municipalities.-(1) Notwithstanding anything contained in this Act or in any other law for the time being in force, the Government shall have power-

(a) to transfer any officer or servant of the corporation to the service of the Municipal Corporation of Madras constituted under the, Madras City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919) or the Municipal Corporation of Madurai constituted under the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971) or any other municipal corporation constituted under any law for the time being in force; or

(b) to transfer any officer or servant of the Municipal Corporation of Madras constituted under Madras City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919) or the Municipal Corporation of Madras constituted under the Madras City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971) or any other municipal corporation constituted under any law for the time being in force, to the service of the corporation; or

(c) to transfer any officer or servant of the corporation to the service of my municipality constituted under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920); or

(d) to transfer any officer or servant of any municipality constituted under the Tamil Nadu District. Municipalities Act, 1920 (Tamil Nadu Act V of 1920), to the service of the corporation.

(2) The Government shall have power to issue such general or special directions as they may deem necessary for the purpose of giving due effect to any transfer made under sub-section (1)."