Tamil Nadu Municipal Laws (Amendment) Act, 1997*
| [Tamil Nadu Act No. 3 of 1997] | [14th February, 1997] |
An Act further to amend the laws relating to the Municipalities and Municipal Corporations in the State of Tamil Nudu.
Be it enacted by the legislative Assembly of the State of Tamil Nadu in the Forty-eighth year of the Republic of India as follows:-
* Received the assent of the Governor on the 14th February, 1997 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 Laws (Amendment) Act, 1997.
(2)(a) Sections 12, 24 and 35 shall be deemed to have come into force on the 18th day of October, 1996.
(b) Sections 2, 3, 5, 6, 9, 10, 14, 21, 22, 26, 32, 33, 37, 43, 44 and 45 shall be deemed to have come into force on the 14th day of November, 1996.
(c) Sections 4, 7, 8, 11, 13, to 20, 23, 25, 27 to 31, 34, 36 and 38 to 42 shall be deemed to have come into force on the 27th day of December, 1996.
PART II
AMENDMENTS TO THE TAMIL NADU DISTRICT MUNICIPALITIES ACT, 1920
2. Amendment of section 3-C.- In section 3-C of the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) (hereinafter in this part referred to as the 1920 Act), in sub-section (2), clause (a) shall be omitted.
3. Amendment of section 7.- section 7 of the 1920 Act, in sub-section (3), clause (a) shall be omitted.
4. Amendment of section 23-A.- In section 23-A of the 1920 Act in clause(1), for the expression "and four councillors three of whom shall be elected by the council from among themselves and one person nominated by the Chairman from among the persons referred to sub-section (3) of section 7", the expression "and four councillors selected by the council" shall be substituted.
5. Amendment of section 24-B.- In section 24-B of the 1920 Act, in sub-section (2), clause (b) shall be omitted.
6. Amendment of section 50-A.- In section 50-A of the 1920 Act,-
(1) in sub-section (1),-
(i) the expression "and every person nominated under clause (a) of sub-section (2) of section 3-C or clause (a) of sub-section (3) of section 7, as the case may be" shall be omitted;
(ii) for the expression,
"elected as a councillor of nominated under clause (a) of sub-section
(2) of section 3-C or under clause (a) of sub-section
(3) of section 7, as representative in",
the expression "elected as a councillor of" shall be substituted
(2) in sub-section (2), the expression "or sits as a representative nominated under clause (a) of sub-section (2) of section 3-C or under clause (a) of sub-section (3) of section 7" shall be omitted.
7. Insertion of new section 117-A.- After section 117 of the 1920 Act, the following section shall be inserted, namely:-
"117-A. Power to ussess in case of escape from assessment:- Notwithstanding anything to the contrary contained in this Act or the rules made thereunder ‘if’ for any reason any per son liable to pay any of the taxes or fee leviable under this Chapter has escaped assessment in any half-year or year or has been assessed in any half year or year at a rate lower than the rate at which he is assessable, or, in the case of property tax, has not been duly assessed in any half year or year consequent on the building or land concerned having escaped proper determination of its annual valve’ the commissioner may, at any time within six years from the date on which such person should have been assessed serve on such person a notice assessing him to the tax or fee due and demanding payment thereof within fifteen, days from the date of such service; and the provisions of this Act and the rules made there under shall so far as may be apply as if the assessment was made in the half year or year to which the tax or fee relates".
8. Amendment of section 375.- In section 375 of the 1920 Act, for sub-section (2), the following sub-section shall be substituted, namely:-
"(2) The Special Officers appointed under sub-section (1) in respect of Courtallam and Bhavanisagar municipalities and Yercaud Town Panchayat shall hold office up to the 30th day of June, 1997 or for such shorter period as the State Government may, by notification, specify in this behalf".
PART III
AMENDMENTS TO THE CHENNAI CITY MUNICIPAL CORPORATION ACT, 1919
9. Amendment of section 5.- In section 5 of the Chennai Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919) (hereinafter this part referred to as the 1919 Act) in sub-section (2), clause (a) shall be omitted.
10. Amendment of section 5-A.- In section 5-A of the 1919 Act, in sub-section (2), clause (b) shall be emitted.
11. Amendment of section 46-A.- In section 6-A of the 1919 Act, in sub-section (1), for the words "not exceeding three" the words "not exceeding six" shall be substituted.
12. Amendment of section 29.- In section of the 1919 Act, for sub-section (3), the following sub-sections shall be substituted, namely:-
"(3) The Deputy Mayor shall hold office for a period of five years from the date of his election and he shall continue as such Deputy Mayor, provided that in the meantime he does not ceases to be a councillor.
(4) Any casual vacancy in the office of the Deputy Mayor shall be filled by afresh election held in accordance with such procedure as may be prescribed and a person elected as Deputy Mayor if any such vacancy shall enter upon office forthwith and hold office only so long as the person in whose place he is elected would have been entitled to hold office if the vacancy had not occurred".
13. Insertion of new section 37-A.- After section 37 of the 1919 Act, the following section shall be inserted, namely:-
"37-A. Entrustment of additional functions to Mayor:- The State Govern-meat may, subject to the provisions of this Act and the rules made thereunder by notification, entrust to the Mayor such additional functions as it may deem necessary for carrying out the purposes of this Act".
14. Amendment of section 53-A.- In section 53-A of the 1919 Act,-
(1) in sub-section(1),-
(i) the expression "and every person nominated under clause (a) of sub-section (2) of section 5." shall be omitted;
(ii) for the expression,-
"elected as a councillor of nominated under clause (a) of sub-section (2) of section 5 as a representative in",
the expression "elected as a ??? of" shall be substituted;
(2) in sub-section (2), the expression "or sits as a representative nominated under clause (a) of sub-section (2) of section 5," shall be omitted.
15. Substitution of section 78.- For section 73, of the 1919 Act, the following section shall be substituted namely:-
"78. Powers of several authorities to sanction estimates:- The monetary limit for sanction of any estimate by several municipal authorities of the corporation shall be such as may be prescribed and such monetary limit shall not exceed fifty lakhs of rupees".
16. Omission of section 79.- Section 79 of the 1919 Act, shall be omitted.
17. Amendment of section 80.- In section 80 of the 1919 Act, for sub-section (2), the following sub-section shall be substituted, namely:-
"(2) No contract involving an expenditure exceeding the monetary limit pre-scribed under section 78 shall be made by the municipal authorities of the corporation otherwise than as may be prescribed."
18. Substitution of section 82.- For section 82 of the 1919 Act, the following section shall be substituted, namely:-
"82. Invitation of tenders:-(1) Atleast seven days before entering into any contract for the execution of any work or the supply of any materials or goods which will involve an expenditure exceeding ten thousand rupees the Commissioner shall give notice by advertisement inviting tenders for such contract.
(2) The Commissioner on receipt of the tenders in respect of any contract made in persuance of the notice given under sub-section (1) may, subject to the provision of section 80 and the rules made thereunder, accept the tender after following the procedure as may be prescribed."
19. Amendment of section 85.- In section 85 of the 1919 Act, in sub-section (3), for clause (c), the following clause shall be substituted, namely:-
"(c) Appointments to all posts included in Class III and in Class IV and to all other post not so included shall be made by the appointments Committee consisting of the Mayor, the Commissioner and two councillors elected by the council, which shall be established for the corporation subject to the by-laws if any, made by the council".
20. Amendment of section 137-B.- In section 137-B of the 1919 Act, for the expression "three years", the expression "six years" shall be substituted.
PART IV
AMENDMENTS TO THE MADURAI CITY MUNICIPAL CORPORATION ACT, 1971
21. Amendment of section 5.- In section 5 of the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971) (hereinafter in this part referred to as the 1971 Act), in sub-section (2), clause (a) shall be omitted.
22. Amendment of section 5-A.- In section 5-A of the 1971 Act, in sub-section (2), clause (b) omitted.
23. Amendment of section 6.- In section 6 of the 1971 Act, in sub-section (1), for the expression "not exceeding three", the expression "not exceeding six" shall be substituted.
24. Amendment of section 30.- In section 30 of the 1971 Act, for sub-section (3), the following sub-sections shall be substituted, namely:-
"(3) The Deputy Mayor shall hold office for a period of five years from the date of his election and he shall continue;as such Deputy Mayor, provided that in the meantime he does not cease to be a councillor.
(4) Any casual vacancy in the office of the Deputy Mayor shall be filled by a fresh election held in accordance with such procedure as may be prescribed and a person, elected as Deputy Mayor in any such vacancy shall enter upon office forthwith and hold office only so long as the person in whose place he is elected would have been entitled to hold office, if the vacancy had not occurred."
25. Insertion of new section 38-A.- After section 38 of the 1971 Act, the following section shall be inserted, namely:-
"38-A. Entrustment of additional functions to Mayor.- The Government may, subject to the provisions of this Act and the rules made thereunder, by notification, entrust to the Mayor such additional functions as it may deem necessary for carrying out the purposes of this Act".
26. Amendment of section 59.- In section 59 of the 1971 Act,-
(1) in sub-section (1),-
(i) the expression "and every per son nominated under clause (a) of sub-section (2) of section 5" shall be omitted:
(ii) for the expression:
"elected as a councillor of/nominated under clause (a) of sub-section (2) of section 5 as a representative in",
the expression "elected as a councillor of" shall be substituted:
(2) in sub-section (2), the expression "or sits as representative nominated under clause (a) of sub-section (2) of section 5" shall be omitted.
27. Substitution of section 97.- For section 97 of the 1971 Act, following section shall be substituted, namely:-
"97. Powers of several authorities to sanction estimates.- The monetary limit for sanction of any estimate by several municipal authorities of the corporation shall be such as may be prescribed and such monetary limit shall not exceed twenty five lakhs of rupees".
28. Omission of section 98.- Section 98 of the 1971 Act, shall be omitted.
29. Amendment of section 99.- In section 99 of the 1971 (Tamil Nadu Act 15 of 1971) Act, for sub-section (2), the following sub-section shall be substituted namely:-
"(2) No contract involving an expenditure exceeding the monetary limit prescribed under section 97 shall be made by the municipal authorties of the corporation otherwise than as may be prescribed".
30. Substitution of section 101.- For section 101 of the 1971 Act, the following section shall be substituted, namely:-
"101. Invitation of tenders:-(1) Atleast seven days before entering into any contract for the execution of any work or the supply of any materials of goods which will involve an expenditure exceeding five thousand rupees, the Commissioner shall give notice by advertisement inviting tenders for such contract.
(2) The Commissioner on receipt of the tenders in respect of any contract made in pursuance of the notice gen under wub-section (1) may, subject to the provisions of section 99 and the rules made thereunder accept the tender after following the procedure as may be prescribed".
31. Amendment of lection 168.- In section 168 of the 1971 Act, for the expression "three years" the expression "six years" shall be substituted.
PART V
AMENDMENTS TO THE COIMBATORE CITY MUNICIPAL CORPORATION ACT, 1981
32. Amendment of section 5.- In section 5 of the Coimabatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 250 of 1981) (here-in after in this part referred to as the 1981 Act), in sub-section (2), clause (a) shall be omitted.
33. Amendment of section 5-A.- In section 5-A of the 1981 Act, in sub-section (2), clause (b) shall be omitted.
34. Amendment of section 6.- in section 6 of the 1981 Act, in sub-section (1), for the expression "not exceeding three" the expression "not exceeding six" shall be substituted.
35. Amendment section 30.- In section 30 of the 1981 Act, for sub-section (3), the following sub-section shall be substituted namely:-
"(3) The Deputy Mayor shall hold office for a period of five years from the date of his election and he shall continue as such Deputy Mayor provided that in the meantime he does not cease to be a councillor.
(4) Any casual vacancy in the office of the Deputy Mayor shall be filled by a fresh election held in accordance with such procedure as may be prescribed and a person election as Deputy Mayor any such van cay shall enter upon office forth with and hold office only so long as the person in whose place he is elected would have been entitle to hold office if the vancay had not occurred.
36. Insertion of new section 39-A.- After section 39 of the 1981 Act, the following section shall be inserted, namely:-
"39-A Enstitustment of additional functions to Mayor:- The Government may subject to the provisions of this Act is the rules made thereunder by notification the trust to the Mayor such additional functions as it may deem necessary for carrying out the purposes of this Act".
37. Amendment of section 61.- In section 61 of the 1981 Act,-
(1) in sub-section (1),-
(i) the expression "and every person nominated under caluse (a) of sub-section (2) of section 5" shall be omitted:
(ii) for the expression-
"elected as a councillor of/nominated under clause (a) of sub-section (2) of section 5 as a representative in"
the expression "elected as a councillor of" shall be substituted;
(2) in sub-section (2), the expression "or sits as at reprsentative nominated under clause (a) of sub-section (2) of section 5" shall be omitted.
38. Substitution of section 99.- For section 99 of the 1981 Act, the following section shall be substituted namely:-
"99. Powers of several authorities to sanction estimates.- The monetary limit for sanction of any estimate by several municipal authorities of the corporations shall be such as may be prescribed and such monetary limit shall not exceed twenty-five lakhs of rupees."
39. Omission of section 100.- Section 100 of the 1981 Act shall be omitted.
40. Amendment of section 101.- In section 101 of the 1981 Act for sub-section (2), the following sub-section shall be substituted namely.-
"(2) No contract involving an ependiture exceeding the monetary limit prescribed under section 99 shall be made by the municipal authorites of the corporation otherwise than as may be prescribed".
41. Substitution of section 103.- For section 103 of the 1981 Act, the following section shall be substituted namely:-
"103 Invitation of tenders.- Atleast sevene days before entering into any contract for the execution of any work or the supply of any materials or goods, which will involve an expenditure exceeding five thousand rupees, the Commissioner shall give notice by advertisment inviting tenders for such contract.
(2) The Commissioner on receipt of the tenders in respect of any contract made in pursuance of the notice given under sub-section (1) may subject to the provisions of section 101 and the rules made thereunder, accept the tender after the following procedure as may be prescribed."
42. Amendment of section 168.- In section 168 of the 1981 Act, for he expression "three years", the expression "six years" shall be substituted.
PART VI
AMENDMENT TO THE TIRUCHIRAPPALLI CITY MUNICIPAL CORPORATION ACT, 1994
43. Amendment of section 5.- In section 5 of the Tiruchirappalli City Municipal Corporation Act, 1994 (Tamil Nadu Act 27 of 1994), in sub-section (2), clause (a) shall be omitted,
PART VII
AMENDMENT TO THE TIRUNELVELI CITY MUNICIPAL CORPORATION ACT, 1994
44. Amendment of section 5.- In section 5 of the Tirunelveli City Municipal Corporation Act, 1994 (Tamil Nadu Act 28 of 1994), in sub-section (2), clause (a) shall be omitted,
PART VIII
AMENDMENT TO THE SALEM CITY MUNICIPAL CORPORATION ACT, 1994
45. Amendment of section 5.- In section 5 of the Salem City Municipal Corporation Act, 1994 (Tamil Nadu ??? of 1994), in sub-section (2), clause (a) shall be omitted.
46. Repeal and savings.- (1) The Tamil Nadu Municipal Corporation Laws (Amendment) Ordinance 1996 (Tamil Nadu Ordinance 5 of 1996), the Tamil Nadu Municipal Laws (Fifth Amendment) Ordinance, 1996 (Tamil Nadu Ordinance 8 of 1996) and the Tamil Nadu Municipal Laws (Sixth Amendment) Ordinance, 1996 (Tamil Nadu Ordinance 12 of 1996) are hereby repealed.
(2) Notwithstanding the repeal under sub-section (1), anything done or any Action taken under the Principal Act, as amended by the Tamil Nadu Municipal Corporation Laws (Amendment) Ordinance, 1996 (Tamil Nadu Ordinance 5 of 1996), the Tamil Nadu Municipal Laws (Fifth Amendment) Ordinance, 1996 (Tamil Nadu Ordinance 8 of 1996) and the Tamil Nadu Municipal Laws (Sixth Amendment) Ordinance, 1996 (Tamil Nadu Ordinance 12 of 1996), with effect from the 18th October, 1996, 14th November, 1996 and 27th December, 1996, as the case may be, shall be deemed to have been done or taken under the Principal Act, as amended by this Act.