Tamil Nadu Municipal Laws (Second Amendment) Act, 2000*
| [Tamil Nadu Act No. 10 of 2001] | [14th August, 2001] |
An Act further to amend the Laws relating to 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-first Year of the Republic of India as follows:-
* Received the assent of the Governor on the 14th August, 2001 and published in the Tamil Nadu Government Gazette, Extraordinary, No. 562, dated August 20th, 2001.
PART-I
PRELIMINARY
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Municipal Laws (Second Amendment) Act, 2000.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
PART-II
AMENDMENTS TO THE CHENNAI CITY MUNICIPAL CORPORATION ACT, 1919
2. Amendment or section 54-A.- In section 54-A. of the Chennai City Municipal Corporation Act, 1919 (hereafter in this part referred to as the 1919 (Tamil Nadu Act IV of 1919) Act), after sub-section (4), the following sub-sections shall be added, namely:
"(5) The trial of an election petition shall, so far as is practicable consistently with the interest of justice in respect of the trial, be continued from day to day until its conclusion, unless the Principal Judye. City Civil Court. Chennai, finds the adjournment of the trial beyond the Following day to be necessary for reasons to be recorded.
(6) Every election petition shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date on which the election petition is presented 10 the Principal Judge. City Civil Court, Chennai for trial".
3. Insertion new section 59-A.- After section 59 of the 1919 Act the following section shall be inserted, namely:-
"59-A. Voting machine at elections.- Notwithstanding anything contained in this act or the rules made thereunder, the giving and recording of votes by voting machines may be adopted in such ward or wards of the Corporation as the State Election Commission may, having regard to the circumstances of earn case, specify.
Explanation.- For the purpose of this section, "voting machine" means any machine or apparatus whether operated electronically or otherwise used for giving or recording of votes and any reference to a ballot box or ballot paper in this Act or the rules made thereunder shall, save as otherwise provided, be construed as including a reference to such voting machine wherever such voting machine is used at any election".
PART-III
AMENDMENTS TO THE TAMIL NADU DISTRICT MUNICIPALITIES ACT, 1920
4. Insertion new section 43-D.- After section 43-C of the Tamil Nadu District Municipalities Act, 1920 (hereafter in this Part referred to as the 1920 (Tamil Nadu Act V of 1920) Act), the following section shall be inserted, namely:-
"43-D. Voting machine at elections.- Notwithstanding anything contained in this act or the rules made thereunder, the giving and recording of votes by voting machines may be adopted in such ward or wards of a Municipality as the State Election Commission may, having regard to the circumstances of each case, specify.
Explanation.- For the purpose of this section, "voting machine" means any machine or apparatus whether operated electronically or otherwise used for giving or recording of words and any reference to a ballot box or ballot paper in this Act or the rules made thereunder shall, save as otherwise provided, be construed as including a reference to such voting machine wherever such voting machine is used at any election".
5. Amendment of section 51-A.- In section 51-A of the 1920 Act, after sub-section (4), the following sub-sections shall be added, namely:-
"(5) The trial of an election petition shall, so far as is practicable consistently with the interest of justice in respect of the trial, be continued from day to day until its conclusion, unless the District Judge finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded.
(6) Every election petition shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date on which the election petition is presented to the District Judge for trial".
PART-IV
AMENDMENTS TO THE MADURAI CITY MUNICIPAL CORPORATION ACT, 1971
6. Amendment of section 60-A.- In section 60-A of the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971) (hereafter in this Part referred to as the 1971 Act), after sub-section (4), the following sub-sections shall be added, namely:-
"(5) The trial of an election petition shall, so far as is practicable consistently with the interest of justice in respect of the trial, be continued from day to day until its conclusion, unless the District Judge finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded.
(6) Every election petition shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date on which the election petition is presented to the District Judge for trial".
7. Insertion of new section 66-A.- After section 66 of the 1971 Act the following section shall be inserted, namely:-
"66-A. Voting machine at elections.- Notwithstanding anything contained in this act or the rules made thereunder, the giving and recording of votes by voting machines may be adopted in such ward or wards of the Corporation as the State Election Commission may, having, regard to the circumstances of each case, specify.
Explanation.- For the purpose of this section, "voting machine" means any machine or apparatus whether operated electronically or otherwise used for giving or recording of votes and any reference to a ballot box or ballot paper in this Act or the rules made thereunder shall, save as otherwise provided, be construed as including a reference to such voting machine wherever such voting machine is used at any election".
PART-V
AMENDMENTS TO THE COIMBATORE CITY MUNICIPAL CORPORATION ACT, 1981
8. Amendment of section 62-A.- In section 62-A of the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981) (hereafter in this part referred to as the 1981 Act). After sub-section (4), the following sub-sections shall, be added, namely:-
"(5) The trial of an election petition shall, so far as is practicable consistently with the interest of justice in respect of the trial, be continued from day to day until its conclusion, unless the District Judge finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded.
(6) Every election petition shall be tried as expeditiously as possible and endeavour shall be made to ??? the ??? within six months from the date on which the election petition is presented to the District Judge for trial".
9. Insertion of new section 68-A.- After section 68 of the 1981 Act, the following section shall be inserted, namely:-
"68-A. Voting machine at elections.- Notwithstanding anything contained in this act or the rules made thereunder, the giving and recording of votes by voting machines may be adopted in such ward or wards of the Corporation is the State Election Commission may, having regard to the circumstances of each case, specify.
Explanation.- For the purpose of this section, "voting machine" means any machine or apparatus whether operated electronically or otherwise used for giving or recording of votes and any reference to a ballot box or ballot paper in this Act or the rules made thereunder shall, save as otherwise provided, be construed as including a reference to such voting machine wherever such voting machine is used at any election".
PART-VI
AMENDMENTS TO THE TAMIL NADU URBAN LOCAL BODIES ACT, 1998
10. Amendment of section 9.- In section 9 of the Tamil Nadu Urban Local Bodies Act, 1998 (hereafter in this Part referred to as the 1918 Act), in sub-section (1), for the expression commencing with the words "any amendment, by way of inclusion" and ending with the words "Tamil Nadu State Election Commission", the following expression shall be substituted, namely (Tamil Nadu Act 9 of 1999):-
"any amendment, transposition or deletion of any entry in the electoral roll of the Tamil Nadu Legislative Assembly made after the last date for making nominations for election in any municipality".
11. Insertion of new section 10-A.- After section 10 of the 1998 Act, the following section shall be inserted, namely:-
"10-A. Voting machine at elections.- Notwithstanding anything contained in this act or the rules made thereunder, the giving and recording of votes by voting machines may be adopted in such ward or wards of Municipality as the Tamil Nadu State Election Commission may, having regard to the circumstances of each case, specify.
Explanation.- For the purpose of this section "voting machine" means any machine or apparatus whether operated electronically or otherwise used for giving or recording of votes and any reference to a ballot box or ballot paper in this Actor the rules made thereunder shall, save as otherwise provided, be construed as including a reference to sued voting machine wherever such voting machine is used at any election".
12. Amendment of section 30.- In section 30 of the 1998 Act, after sub-section (4), the following sub-sections shall be added, namely:-
"(5) The trial of an election petition shall, so far as is practicable consistently with the interest of justice in respect of the trial, be continued from day to day until its conclusion, unless the Principal District Judge find the adjournment of the trial beyond the following day to be necessary for reasons to be recorded.
(6) Every election petition shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date on which the election petition is presented to the Principal District Judge for trial".