Tamil nadu act 035 of 2008 : Tamil Nadu Municipal Laws (Second Amendment) Act, 2008

Preamble

Tamil Nadu Municipal Laws (Second Amendment) Act, 2008*

[Tamil Nadu Act No. 35 of 2008][29th May, 2008]

An Act further to amend the laws relating to the Municipal Corporations and the Municipalities in the State of Tamil Nadu.

Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fifty-ninth Year of the Republic of India as follows:-

* Received the assent of the Governor on the 29th May, 2008 and published in the Tamil Nadu Government Gazette, Extraordinary.

Section 1. Short title and commencement

PART-I

PRELIMINARY

1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Municipal Laws (Second Amendment) Act, 2008.

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

Section 2. Insertion of new section 58-A

PART-II

AMENDMENT TO THE CHENNAI CITY MUNICIPAL CORPORATION ACT, 1919

2. Insertion of new section 58-A.- After section 58 of the Chennai City Municipal Corporation Act, 1919, (Tamil Nadu Act ??? of 1919) the following section shall be inserted, namely:-

"58-A. Grant of paid holiday to employees on the day of poll.- (1) Every person employed in any business, trade, industrial undertaking or any other establishment and entitled to vote at election to the corporation shall, on the day of poll, be granted a holiday.

(2) No deduction or abatement of the wages of any such person shall be made on account of a holiday having been granted in accordance with sub-section (1) and if such person is employed on the basis that he would not ordinarily receive wages for such a day, he shall nonetheless be paid for such day the wages he would have drawn had not a holiday been granted to him, on that day.

(3) If an employer contravenes the provisions of sub-section (1) or sub-section (2), then such employer shall be punishable with fine which may extend to five hundred rupees,

(4) This section shall not apply to any elector whose absence may cause danger or substantial loss in respect of the employment in which he is engaged".

Section 3. Insertion of new section 65-A

PART-III

AMENDMENT TO THE MADURAI CITY MUNICIPAL CORPORATION ACT, 1971

3. Insertion of new section 65-A.- After section 65 of the Madurai City Municipal Corporation Act, 1971, (Tamil Nadu Act ??? of 1971) the following section shall be inserted, namely:-

"65-A. Grant of paid holiday to employees on the day of poll.-(1) Every person employed in any business, trade, industrial undertaking or any other establishment and entitled to vote at election to the corporation shall, on the day of poll, be granted a holiday.

(2) No deduction or abatement of the wages of any such person shall be made on account of a holiday having been granted in accordance with sub-section (1) and it such poison is employed on the basis that he would not ordinarily receive wages for such a day, he shall nonetheless be paid for such day the wages he would have drawn had not a holiday been granted to him, on that day.

(3) If an employer contravenes the provisions of sub-section (1) or sub-section (2), then such employer shall be punishable with fine which may extend to five hundred rupees.

(4) This section shall not apply to any elector whose absence may cause danger or substantial loss in respect of the employment in which he is engaged".

Section 4. Insertion of new section 67-A

PART-IV

AMENDMENT TO THE COIMBATORE CITY MUNICIPAL CORPORATION ACT, 1981

4. Insertion of new section 67-A.- After section 67 of the Coimbatore City Municipal Corporation Act, 1981, (Tamil Nadu Act 25 of 1981) the following section shall be inserted, namely:-

"67-A Grant of pud holiday to employees on the day of poll.-(1) Every person employed in any business, trade, industrial undertaking or any other establishment and entitled to vote at election to the corporation shall, on the day of poll, be granted a holiday.

(2) No deduction or abatement of the wage? of any such person shall be made on account of a holiday having been granted in accordance with sub-section (1) and if such person is employed on the basis that he would not ordinarily receive wages for such a day, he shall nonetheless be paid for such day the wages he would have drawn had not a holiday been granted to him on that day.

(3) If an employer contravenes the provisions of sub-section (1) or sub-section (2), then such employer shall be punishable with Tine which may extend to five hundred rupees.

(4) This section shall not apply to any elector whose absence may cause danger or substantial loss in respect of the employment in which he is engaged." (Tamil Nadu Act IV of 1919).

Section 5. Insertion or new section 43-BB

PART-V

AMENDMENT TO THE TAMIL NADU DISTRICT MUNICIPALITIES ACT, 1920

5. Insertion or new section 43-BB.- After section 43-B of the Tamil Nadu District Municipalities Act, 1920, (Tamil Nadu Act V of 1920) the following section shall be inserted, namely (Tamil Nadu Act 15 of ???):-

"43-BB. Grant of paid holiday to employees on the day of poll.-(1) Every person employed in any business, trade, industrial undertaking or any other establishment and entitled to vote at-election to any Municipality including Third Grade Municipality and Town Panchayat shall, on the day of poll, bp granted a holiday (Tamil Nadu Act 25 of ???).

(2) No deduction or abatement of the wages of any such person shall be made on account of a holiday having been granted in accordance with sub-section (1) and if such person is employed on the basis that he would not ordinarily receive wages for such a cay, he shall nonetheless be paid for such day the wages he would have drawn had not a holiday been granted in him on that day.

(3) If an employer contravenes the provisions of sub-section (1) or sub-section (2), then such employer shall be punishable with fine which may extend to five hundred rupees (Tamil Nadu Act V of ???).

(4) This section shall not apply to any elector whose absence may cause danger or substantial loss in respect of the employment in which he is engaged."