Tamil Nadu Municipal Laws (Second Amendment) Act, 1996*
| [Tamil Nadu Act No. 17 of 1996] | [25th June, 1996] |
An Act further to amend the laws relating to Municipalities and Municipal Corporations in the State of Tamil Nadu
Whereas under Article 243-T of the Constitution of India, the Legislature of the State have been empowered to make suitable provision for reservation of seats in any Municipality or Offices of Chair-persons in the Municipalities for Backward Classes of citizens;
And Whereas a policy decision was taken by the Government of Tamil Nadu to provide reservation for Backward Classes of citizens in the wards of the Town Panchayats, Municipalities and Municipal Corporations and of the offices of chairpersons of Town Panchayats, Municipalities and Municipal Corporations in this State;
And Whereas the Tamil Nadu Municipal Laws (Amendment) Act, 1995 (Tamil Nadu Act 34 of 1995) was enacted making provisions in the laws relating to Municipalities and Municipal Corporations in the State of Tamil Nadu providing for reservation of seats and offices of chair-persons for Backward Classes of citizens in the Town Panchayats, Municipalities and Municipal Corporations;
And Whereas provisions which were made in Tamil Nadu Panchayals Act, 1994 by the Tamil Nadu Panchayats (Second Amendment) Act, 1995 (Tamil Nadu Act 30 of 1995) providing reservation of fifty per cent of the wards at each level of Panchayats and of the Offices of Presidents of Village Panchayats, Chairmen of Panchayat Union Councils and Chairmen of District Panchayats in this date for Backward Classes of citizens had been challenged and the High Court, Madras, in its judgment dated the 3rd April, 1996 in W.P. No. 14637 of 1995, etc. has struck down the provisions of the said Act providing reservation for Backward Classes of citizens and all notifications issued under the said Act effecting reservation in favour of Backward Classes of citizens;
And Whereas it is felt that provisions made for reservation of seats and offices of Chair-persons for Backward Classes of citizens in the Town Panchayats, the Municipalities and Municipal Corporations are likely to be struck down if challenged before the courts as in the case of reservations mace in the Panchayats;
And Whereas the State Government have taken a policy decision to conduct the elections for the Town Panchayats, Municipalities and Municipal Corporations in this State at the earliest possible time;
And Whereas in order to complete the process of elections to all Town Panchayats. Municipalities and Municipal Corporations in the State, there is no other alternative for the time being except to omit the provisions relating to the reservation for Backward Classes of citizens made in the laws relating to Municipalities and Municipal Corporations;
And Whereas it is considered necessary to amend the laws relating to Municipalities and Municipal Corporations suitably;
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-seventh Year of the Republic of India as follows:-
* Received the assent of the Governor on the 25th June, 1996 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 (Second Amendment) Act, 1996.
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PART II
AMENDMENTS TO THE TAMIL NADU ??? MUNICIPALITIES ACT, 1920
2. Amendment of section 3.- In section 3 of the Tamil Nadu District Municipalities, Act, 1920 (??? after in this Part referred to as the 1920 Act), clause (2-A) shall be ???.
3. Amendment of section 3-I.- In section 3-l of the 1920 Act,-
(1) sub-sections (2-A) and (2-B) shall be omitted;
(2) in sub-section (3), for the expression "(including the number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes of citizens)", the expression "(including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes)" shall be substituted;
(3) sub-section (4-A) shall be omitted;
(4) in sub-section (5), for the expression "(including the number of offices reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes of citizens)", the expression "(including the number of offices reserved for women belonging to the Scheduled Castes and Scheduled Tribes)" shall be substitute.
4. Amendment of section 7.- In section 7 of the 1920 Act,-
(1) sub-sections (6-A) and (6-B) shall be omitted;
(2) in sub-section (7), for the expression "(including the number of seats reserved for women belonging to the Scheduled Castes, the Scheduled. Tribes and the Backward Classes of citizens)", the expression "(including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes)" shall be substituted;
(3) sub-section (8-A) shall be omitted;
(4) in sub-section (9), for the expression "(including the number of offices reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes of citizens)", the expression "(including the number of offices reserved for women belonging to the Scheduled Castes and the Scheduled Tribes)" shall be substituted.
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), clause (2-A) shall be omitted.
6. Amendment of section 5.- In section 5 of the 1919 Act,-
(1) sub-sections (4-A) and (4-B) shall be omitted;
(2) in sub-section (5), for the expression "(including the number of seats reserved for women belonging to the ??? Castes, the Scheduled Tribes and the Backward Classes of citizens)", the expression "(including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes)" 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 Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971) (hereinafter in this Part referred to as the 1971 Act), clause (2-A) shall be omitted.
8. Amendment of section 5.- In section 5 of the 1971 Act,-
(1) sub-sections (4-A) and (4-B) shall be omitted;
(2) in sub-section (5), for the expression "(including the number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward classes of citizens)", the expression "(including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes)" shall be substituted.
PART V
AMENDMENTS TO THE COIMBATORE CITY MUNICIPAL CORPORATION ACT, 1981
9. Amendment of section 2.- In section 2 of the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981) (hereinafter in this Part referred to as the 1981 Act), clause (2-A) shall be omitted.
10. Amendment of section 5.- In section 5 of the 1981 Act,-
(1) sub-sections (4-A) and (4-B) shall be omitted;
(2) in sub-section(5), for the expression "(including the number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes of citizens)", the expression "(including the number of seats reserved for women beloaging to the Scheduled Castes and the Scheduled Tribes)" shall be substituted.
PART VI
AMENDMENTS TO THE TIRUCHIRAPPALLI CITY MUNICIPAL CORPORATION ACT, 1994
11. Amendment of section 2.- In section 2 of the Tiruchirappalli City Municipal Corporation Act, 1994 (Tamil Nadu Act 27 of 1994) (hereinafter in this Part referred to as the Tiruchirappalli Corporation Act), clause (a) shall be omitted.
12. Amendment of section 5.- In section 5 of the Tiruchirappalli Corporation Acts-
(1), sub-sections (4-A) and (4-B) shall be omitted;
(2) in sub-section (5), for the expression "(including the number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes of citizens)", the expression "(including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes)" shall be substituted.
PART VII
AMENDMENTS TO THE SALEM CITY MUNICIPAL CORPORATION ACT, 1994
13. Amendment of section 2.- In section 2 of the Tirunelveli City Municipal Corporation Act, 1994 (Tamil Nadu Act 28 of 1919) (hereinafter in this Part referred to as the Tirunelveli Corporation Act), clause (a) shall be omitted.
14. Amendment of section 5.- In section 5 of the Tirunelveli Corporation Act,-
(1) sub-sections (4-A) and (4-B) shall be omitted
(2) in sub-section (5), for the expression "(including the number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes of citizens)", the experssion "(including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tirbes)" 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), clause (a) shall be omitted.
16. Amendment of section 5.- In section 5 of the Salem Corporation Act,-
(1) sub-sections (4-A) and (4-B) shall be omitted;
(2) in sub-section (5), for the expression "(including the number of scats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes of citizens)", the expression "(including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes)" shall be substituted.
PART IX
AMENDMENT TO THE TAMIL NADU MUNICIPAL CORPORATION LAWS (AMENDMENT AND SPECIAL PROVISION) ACT, 1994
17. Amendment of section 12.- In section 121 of the Tamil Nadu Municipal Corporation Laws (Amendment and Special Provision) Act, 1994 (Tamil Nadu Act 26 of 1994), for the words "two all be reserved for women and such number of offices of Mayor not exceeding fifty ??? of the total number of office of the Mayor as may be prescribed, shall be ??? for persons belonging to the Backward Classes of citizens", the words "and two shall be reserved for women" snail be substituted.