Tamil Nadu Municipal Laws (Amendment) Act, 1995*
| [Tamil Nadu Act No. 34 of 1995] | [11th December, 1995] |
An Act further to amend the Laws relating to the Municipal Corporations and Municipalities in the State of Tamil Nadu
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-sixth Year of the Republic of India as follows:-
* Received the assent of the Governor on the 11th December, 1995 and published in the Tamil Nadu Government Gazette, Extraordinary, No. 604, dated December 19th, 1995.
PART I
PRELIMINARY
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Municipal Laws (Amendment) Act, 1995.
(2) It shall come into force at once.
PART II
AMENDMENTS TO THE TAMIL NADU DISTRICT MUNICIPALITIES ACT, 1920
2. Amendment of section 3.- In section 3 of the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu ??? of 1920) (hereinafter in this Part referred to as the 1920 Act), after clause (2), the following clause shall be inserted, namely:-
"(2-A) Backward Classes of citizens' shall have the same meaning a defined in clause (a) of section 3 of the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Sets in Educational Institutions and of appointments or posts in the Services under the State) Act, 1993 (Tamil Nadu ??? of ???)."
3. Amendment of suction 3-1.- In section 3-l of the 1920 Act-
(1) after sub-section (2), the following sub-sections shall be inserted, namely:-
(2-A) Seats shall be reserved for the persons belonging to the Backward classes of citizens in every town panchayat and the numb?r of seats so reserved, shall be, as nearly as may be fifty per cent of the total number of seats in the town panchayat.
(2-B) Seats shall bi reserved for women belonging to the Backward Classes of citizens from among the seats reserved for the persons bolonging to the Back ward Classes of Citizens which shall not be less than one-third of the total number of seats reserved for the persons belonging to the Backward Classes of Citizens."
(2) in sub-section (3), for the expression "(including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes)" the expression "(including the number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes of citizens)" shall be substituted;
(3) alter sub-section (4), the following sub-section shall be inserted, namely-
"(4-A)(a) The offices of the Chair-persons of the town panchayat shall be reserved for persons belonging to the Backward Classes of citizens and the number of offices so reserved, shall be, as nearly as may be, fifty per cent of the total number of officers of the Chair-persons of the town punchayats in the State.
(b) The offices of the Chair-persons of the town panchayats shall be reserved for women belonging to the Backward Classes of citizens from among the offices reserved for the persons belonging to the Backward Classes of citizens which shall not be less than one third of the total number of offices reserved for the persons belonging to the Backward Classes of citizens."
(4) in sub-section (5)-
(a) for the expression "(including the number of offices reserved for women belonging to the Scheduled Castes and the Scheduled Tribes)", the expression "(including the number of offices reserved for women belonging to the Scheduled ??? the Scheduled Tribes and the Backward Classes of citizens)" shall be substituted;
(b) in the proviso for the expression "under this sub-section and under, sub-section (4)", the expression "under this section" shall be substituted.
4. Amendment of section 7.- In section 7 of the 1920 Act-
(1) after sub-section (6), the following sub-sections shall be inserted, namely:-
(6-A) Seats shall be reserved for the persons belonging to the Backward Cusses of citizens in every municipality and the number of seats so reserved, shall be, as not may be, fifty per can of the total number of seats to be filed by direct elections in that municipality.
(6-B) Seats shall be reserved for woman belonging to the Backward Classes of citizens ??? among the seats ??? for the persons belonging to the Backward Classes of ??? which shall not be loss than one third of the total number of seals ??? for the persons ??? to the Backward ???.
(2) in sub-section (7), for the expression "(including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes)", the expression "(including the number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes of citizens)" shall be substituted;
(3) after sub-section (8), the following sub-section shall be inserted, namely:-
"(8-A)(a) The offices of the Chair-persons of the municipalities shall be reserved for the persons belonging to the Backward Classes of citizens and the number of offices so reserved shall be, as nearly as may be, fifty per cent of the total number of offices of the Chair persons of the municipalities in the State.
(b) The offices of the Chair-persons of the ??? shall be reserved for women belonging to the Backward Classes of citizens from among the offices reserved for the persons belonging to the Backward Classes of citizens which shall not be less than one third of the total number of officer reserved for person belonging to the Backward Classes of citizens.";
(4) in sub-section (9)-
(a) for the expression "(including the number of offices reserved for women belonging to the Scheduled Castes and the Scheduled Tribes)", the expression "(including the number of offices reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes of citizens)" shall be substituted;
(b) for the proviso, the following ??? shall be substituted, namely:-
"Provided that the offices of Chair-persons of the municipalities reserved under this section shall be allotted by rotation to different ??? in such manner as may be ???".
PART III
AMENDMENTS TO THE MADRAS CITY MUNICIPAL CORPORATION ACT, 1919
5. Amendment of section 3.- In section 3 of the Madras City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919) (hereinafter in this part referred to as the 1919 Act), after clause (2), the following clause shall be inserted, namely:-
"(2-A) "Backward Classes of citizens" shall have the same meaning as defined in clause (a) of section 3 of the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of seats in Educational Institutions and of appointments or posts in the Services under the State) Act, 1993 (Tamil Nadu Act 45 of 1994).
6. Amendment of section 5-A.- In section 5 of the 1919 Act,-
(1) after sub-section (4), the following sub-sections shall be inserted, namely:-
"(4-A) Seats shall be reserved for the persons belonging to the Backward of citizens in the council and the number of seats so reserved shall be as nearly as may be, fifty per cent of the total number of sears to be filled by direct election in the council.
(4-B) Seats shall be reserved for women belonging to the Backward Classes of citizens from among the seats reserved for the persons belonging to the Backward Classes of citizens, which shall not be less than one third of the total number of seats reserved for the persons belonging to the Backward Classes of Citizens."
(2) in sub-section (5), for the expression "(including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes)", the ??? "(including the number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes of citizens)" shall be substituted.
PART IV
AMENDMENTS TO THE MADURAI CITY MUNICIPAL CORPORATION ACT, 1971
7. Amendment of section 2.- In section 2 of the Madurai City ??? Corporation Act, 1971 ???
"(2-A) ???.
8. Amendment of section 5.- In Section ???.
(1) ???.
???.
(4-B) ???.
(2) In sub-section (5) ??? reserved for ??? belonging of the ??? and the ??? the expression "(including the number of seats reserved for woman belonging to the ??? the ??? and the Backward Classes of)" shall be ???.
PART V
AMENDMENTS TO THE COIMBATORE CITY MUNICIPAL CORPORATION ACT, 1981
9. Amendment of section 2.- In section 2 of Coimbatore City Municipal Corporation Act, 1981 (??? in this Part referred to as 1981 Act), after clause (2), the following clause shall be ??? namely:-
"(2-A) ‘Backward classes’ of citizens shall have the same ??? as defined in clause (a) of section 3 of the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational ??? and of appointments or posts in the Services under the State) Act, 1993."
10. Amendment of section 5.- In section 5 of the 1981 Act,-
(1) after sub-section (4), the following sub-sections shall be inserted, namely;-
"(4-A) Seats shall be reserved for the persons belonging to the Backward Classes of citizens in the council and the number of seats so reserved shall be, as nearly as may be, fifty per cant of the total number of seats to be filed by direct election in the council.
(4-B) State shall be reserved for woman belonging to the Backward Classes of citizens from among the seats reserved for the poisons belonging to the Backward Classes of citizens which so not be loss than one-third of the total number of scats reserved for the parsons belonging to the Backward Classes of citizens."
(2) in sub-section (5), for the expression "(including the number of seats reserved for woman belonging to the Scheduled Castes and the Scheduled Tribes)", the expression "(including the number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes of citizens)" shall be substituted.
11. Amendment of section 2.- In section 2 of the Madurai City Municipal Corporation Act, 1994 (Tamil Nadu Act ??? of 1994) (hereinafter in this part referred to as the Tiruchirappalli Corporation Act), for clause (a), the following clauses shall be substituted, namely:-
"(a) ‘Backward Classes of citizens’ shall have the same meaning as defined in clause (a) of section 3 of the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of appointments or posts in the Services under the State) Act, 1993 (Nadu Act of 1994);
(aa) ‘City of Tiruchirappalli’ or ‘City’ means the local area comprised in the Tiruchirappalli Municipality and includes any local area which after the date of the commencement of this Act, is included in the City but does not include any local area which after such date of the commencement is excluded from the city;"
12. Amendment of section 5.- In section 5 of the Tiruchirappalli Corporation Act,-
(1) after sub-section (4), the following sub-sections shall be inserted, namely:-
"(4-A) Seats shall be reserved for the persons belonging to the Backward Classes of citizens in the council and the number of seats so reserved shall be, as nearly as may be, fifty per cent of the total number of seats to be filled by direct" election in the council.
(4-B) Seats shall be reserved for women belonging to the Backward Classes of citizens from among the seats reserved for the parsons belonging to the Backward Classes of citizens which shall not be less than one-third of the total number of seats reserved for the persons belonging to the Backward Classes of citizens."
(2) in sub-section (5), for the expression (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes)", the expression "(including the number of souls reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes of citizens)" shall be substituted.
PART VII
AMENDMENTS TO THE TIRUNELVELI CITY MUNICIPAL CORPORATION ACT, 1994
13. Amendment of section 2.- In section 2 of the Tirunelveli City Municipal Corporation Act, 1994 (Tamil Nadu Act IV of 1994) hereinafter in this Part referred to as the Tirunelveli Corporation Act the following clauses shall be substituted, namely:-
"(a) ‘Backward Classes of citizens’ shall have the same meaning clause (a) of section 3 of the Tamil Nadu Backward Classes, and Scheduled Tribes (Reservation of Seats in Education ??? and of appointments or posts in the Services under the State) Act, 1993 (Tamil Nadu Act of 1994) (Tamil Nadu Act ??? of 1994);
(aa) ‘City of Tirunelveli or ‘City’ means the local are comprised in the Tirunelveli Municipality and includes any local area which after the date of the commencement of this Act, is included in the City but does not include any local area which after such date of the commencement is excluded from the City;"
14. Amendment of section 5.- In section 5 of the Tirunelveli Corporation Act,-
(1) after sub-section (4), the following sub-sections shall b-3 inserted, namely:-
"(4-A) Seats shall be reserved for the persons belonging to the Backward Classes of citizens in the Council and the number of seats so reserved shall be, as nearly as may be, fifty per cent of the total number of seats to be filled by direct election in the Council.
(4-B) Seats shall be reserved for women belonging to the Backward Classes of citizens from among the seats reserved for the persons belonging to the Backward Glasses of citizens, which shall not be less than one-third of the total number of seats reserved for the persons belonging to the Backward Classes of citizens."
(2) in sub-section (5), for the expression "(including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes)", the expression "(including the number of seats reserved for women belonging to the Scheduler Castes, the Scheduled Tribes and the Backward Classes of citizens)" shall be substituted.
PART VIII
AMENDMENTS TO THE SALEM CITY MUNICIPAL CORPORATION ACT, 1994
15. Amendment of section 2.- In section 2 of the Salem City Municipal Corporation Act, 1994 (Tamil Nadu Act 29 of 1994) (hereinafter in this Part referred to as the Salem Corporation Act), for clause (a), the following clauses shall be substituted, namely:-
"(a) "Backward Classes of citizens" shall have the same meaning as defined in clause (a) of section 3 of the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of appointments or posts in the Services under the State) Act, 1993 (Tamil Nadu Act 45 of 1994);
(aa) ‘City of Salem’ or ‘City’ means the local area comprised in the ??? Municipality and includrs any local area which after the date of the commence-??? of this Act, is included in the City but does not include any local area which after such data of the commencement is excluded from the City;".
16. Amendment of section 5.- In section 5 of the Salem Corporation Act,-
(1) after sub-section (4), the following sub-sections shall be inserted, namely;-
"(4-A) Seats shall be reserved for the persons belonging to the Backward Classes of citizens in the Council and the number of seats so reserved shall be, as neatly as may be, fifty per cent of the total number of seats to be filled by direct election in the Council.
(4-B) Seats shall be reserved for women belonging to the Backward Classes of citizens from among the scats reserved for the persons belonging to the Backward Classes of citizens which shall not be loss than one-third of the total number of seats reserved for the persons belonging to the Backward Classes of citizens."
(2) in sub-section (5), for the expression "(including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes)", the expression "(including the number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes of citizens)" shall be substituted.
PART IX
AMENDMENT TO THE TAMILNADU MUNICIPAL CORPORATION LAWS (AMENDMENT AND SPECIAL PROVISION) ACT, 1994
17. Amendment of section 121.- In section 121 of the Tamil Nadu Municipal Corporation Laws (Amendment and Special Provision) Act, 1994 (Tamil Nadu Act ??? of 1994), for the words "and two shall be reserved for woman," the words "two shall be reserved for women and such number of offices of Mayor not exceeding fifty per cent of the total number of office of the Mayor as may be prescribed, snail be reserved for the persons belonging to the Backward Classes of eitizens" shall be substituted.