Tamil nadu act 022 of 2001 : Tamil Nadu Municipal Laws (Amendment) Act, 2001

Preamble

Tamil Nadu Municipal Laws (Amendment) Act, 2001*

[Tamil Nadu Act No. 22 of 2001][25th September, 2001]

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 Fifty-second Year of the Republic of India as follows:-

* Received the assent of the Governor on the 25th September, 2001 and published in the Tamil Nadu Government Gazette, Extraordinary.

Section 1. Short title and commencement

PART-

Preliminary

1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Municipal Laws (Amendment) Act, 2001

(2) It shall come into force on such date as the State Government may, by notification, appoint.

Section 2. Amendment of section 52

PART-II

Amendments to the Chennai City Municipal Corpora now Act, 1919

2. Amendment of section 52.- In section 52 of the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919) (hereinafter referred to as the 1919 Act),-

(1) in sub-section (1), for the expression "while undergoing the sentence and for five years from the date of the expiration of the sentence", the expression "while the sentence is in force and for six years from the date of the expiration of the sentence" shall be substituted;

(2) in sub-section (1-A), for the expression "five years", the expression "six years" shall be substituted;

(3) after sub-suction (4), the following sub-section shall be added, namely:-

(5) If the Tamil Nadu State Election Commission is satisfied that a person,-

(a) has failed to lodge an account of election expenses within the time and in the manner required by or under this Act, and

(b) has no good reason or justification for the failure, the Tamil Nadu State Election Commission shall, by order published in the Tamil Nadu Government Gazette, declare him to be disqualified for being elected as, and for being, a councilor and any such person shall be disqualified for a period of three years from the date of the order".

Section 3. Amendment of section 54-A

3. Amendment of section 54-A.- In section 54-A of the 1919 Act, in sub-section (1), for the expression "fifteen days", the expression "forty-five days" shall be substituted.

Section 4. Amendment of section 49

PART-III

Amendments to the Tamil Nadu District Municipalities Act, 1920

4. Amendment of section 49.- In section 49 of the Tamil Nadu District Municipalities Act, 1920 (hereinafter referred to as the 1920 (Tamil Nadu Act V of 1920) Act),-

(1) in sub-section (1), for the expression "while undergoing the sentence and for five years from the date of the expiration of the sentence", the expression "while the sentence is in force and for six years from the date of the expiration of the sentence" shall or substituted:

(2) in sub-section (1-A), for the expression "five years", the expression "six years" shall be substituted;

(3) after sub-section (2), the following sub-section shall be added, namely:-

"(2-A) If the Tamil Nadu State Election Commission is satisfied that a person,-

(a) has failed to lodge an account of election expenses within the time and in the manner required by or under this Act, and

(b) has no good reason or justification for the failure, the Tamil Nadu State Election Commission shall, by order published in the Tamil Nadu Government Gazette, declare him to be disqualified for being elected as, and for being, a Chairman or a councilor, as the case maybe, and any such person shall be disqualified for a period of three years from the date of the order".

Section 5. Amendment of section 51-A

5. Amendment of section 51-A.- In section 51-A of the 1920 Act, in sub-section (1), for the expression "fifteen days", the expression "forty-five days" shall be substituted.

Section 6. Amendment of section 56

PART-IV

Amendments to the Madurai City Municipal Corporation Act, 1971

6. Amendment of section 56.- In section 56 of the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971) (hereinafter referred to as the 1971 Act),-

(1) in sub-section (1), for the expression "while undergoing the sentence and for five years from the date of the expiration of the sentence", the expression "while the sentence is in force and for six years from the date of the expiration of the sentence" shall be substituted;

(2) in sub-section (1-A), for the expression "five years", the expression "six years" shall be substituted;

(3) after sub-section (4), the following sub-section shall by, added, namely:-

"(5) If the Tamil Nadu State Election Commission is satisfied that a person,-

(a) has failed to lodge an account of election expenses within the time and in the manner required by or under this Act, and,

(b) has no good reason or justification for the failure,

the Tamil Nadu State Election Commission shall, by order published in the Tamil Nadu Government Gazette, declare him to be disqualified for being elected as, and for being, a councillor and any such person shall be disqualified for a period of three years from the date of the order".

Section 7. Amendment of section 60-A

7. Amendment of section 60-A.- In section 60-A of the 1971 Act, in sub-section (1), for the expression "fifteen days", the expression "forty-five days" shall be substituted.

Section 8. Amendment of section 58

PART-V

Amendments to the Coimbatore City Municipal Corporation Act, 1981

8. Amendment of section 58.- In section 58 of the Coimbatore City Municipal Corporation Act, 1981 (hereinafter referred to as the 1981 (Tamil Nadu Act 25 of 1981) Act),-

(1) in sub-section (1), for the expression "while undergoing the sentence and for five years from the date of the expiration of the sentence", the expression "while the sentence is in force and for six years from the date of the expiration of the sentence" shall be substituted;

(2) in sub-section (2), for the expression "five years", the expression "six years" shall be substituted;

(3) after sub-section (5), the following sub-section shall be added, namely:-

"(6) If the Tamil Nadu State Election Commission is satisfied that a person,-

(a) has failed to lodge an account of election expenses within the time and in the manner required by or under this Act, and

(b) has no good reason or justification fo the failure,

the Tamil Nadu State Election Commission shall, by order published in the Tamil Nadu Government Gazette, declare him to be disqualified for being elected as, and for being, a councillor and any such person shall be disqualified for a period of three years ??? the date of the order".

Section 9. Amendment of section 62-A

9. Amendment of section 62-A.- In section 62-A of the 1981 Act, in sub-section (1), for the expression "fifteen days", the expression "forty-five days" shall be substituted.

Section 10. Substitution or the expressions "Tamil Nadu State Election Commission" and "Tamil Nadu "State Election Commissioner" for the expressions "State Election Commission" and "State Election Commissioner"

PART-VI

Miscellaneous

10. Substitution or the expressions "Tamil Nadu State Election Commission" and "Tamil Nadu "State Election Commissioner" for the expressions "State Election Commission" and "State Election Commissioner".- In the 1919 Act, the 1920 Act, the 1971 Act and the 1981 Act, for the expressions "State Election Commission" and "State Election Commissioner" wherever they occur, the expressions "Tamil Nadu State Election Commission" and "Tamil Nadu State Election Commissioner" shall, respectively, be substituted.