Tamil Nadu Municipal Laws (Second Amendment) Amendment Act, 2002*
| [Tamil Nadu Act No. 53 of 2002] | [26th November, 2002] |
An Act to amend the Tamil Nadu Municipal Laws (Second Amendment) Act, 2002.
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fifty-third Year of the Republic of India as follows:-
* Received the assent of the Governor on the 26th November, 2002 and published in the Tamil Nadu Government Gazette, Extraordinary.
PART-I
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Municipal Laws (Second Amendment) Amendment Act, 2002.
(2) It shall come into force at once.
PART-II
2. Insertion of new section 2-A.- After section 2 of the Tamil Nadu Municipal Laws (Second Amendment) Act, 2002 (???) (hereinafter referred to as the 2002 Act), the following section shall be inserted, namely:-
"2-A. After section 43 of the 1919 Act, the following section shall be inserted, namely:-
43-A. State Government's power to remove Mayor, Deputy Mayor or Councillor convicted under section 358-A.-(1) Notwithstanding anything contained in this Act, the State Government may, by notification, remove any Mayor, Deputy Mayor or Councillor who is convicted twice of an offence punishable under section 358-A.
(2) The State Government shall, when they propose to take action under sub-section (1), give the Mayor, Deputy Mayor or Councillor concerned an opportunity to explain and the notification issued under the said sub-section shall contain a statement of the reasons of the State Government for the action taken.
(3) Any person removed under sub-section (1) from the Office of Mayor, Deputy Mayor or Councillor, as the case may be, shall not be eligible for election to the said office until the date on which notice of the next ordinary election to the Corporation is published in the prescribed manner or the expiry of one year from the date specified in such notification, whichever is earlier".
3. Amendment of section 3.- In section 3 of the 2002 Act, in section 358-A proposed to be inserted in the Chennai City Municipal Corporation Act, 1919 (???), for the expression "shall be punished with fine which may extend to one thousand rupees", the expression "shall, on conviction, be punished with fine which may extend to fifty thousand rupees" shall be substituted.
PART-III
4. Insertion of new section 4-A.- After section 4 of the 2002 Act, the following section shall be inserted, ???-
"4-A. After section 45 of the 1971 Act, the following section shall be inserted, namely:-
45-A. Government's power to remove Mayor. Deputy Mayor or Councillor convicted under section 443-A.-(1) Notwithstanding anything contained in this Act, the Government may, by notification, remove any Mayor, Deputy Mayor or Councillor who is convicted twice of an offence punishable under section 443-A.
(2) The Government shall, when they propose to take action under sub-section (1), give the Mayor, Deputy Mayor or Councillor concerned an opportunity to explain and the notification issued under the said sub-section shall contain a statement of the reasons of the Government for the action taken.
(3) Any person removed under sub-section (1) from the Office of Mayor, Deputy Mayor or Councillor, as the case may be, shall not be eligible for election to the said office until the date on which notice of the next ordinary election to the Corporation is published in the prescribed manner or the expiry of one year from the date specified in such notification, whichever is earlier".
5. Amendment of section 5.- In section 5 of the 2002 Act, in section 443-A proposed to be inserted in the Madurai City Municipal Corporation Act, 1971 (???), for the expression "shall be punished with fine which may extend to one thousand rupees", the expression "shall, on conviction, be punished with fine which may extend to fifty thousand rupees" shall be substituted.
PART-IV
6. Insertion of new section 6-A.- After section 6 of the 2002 Act, the following section shall be inserted, namely:-
"6-A. After section 47 of the 1981 Act, the following section shall be inserted, namely;-
47-A. Government's power to remove Mayor, Deputy Mayor or Councillor convicted under section 442-A.-(1) Notwithstanding anything contained in this Act, the Government may, by notification, remove any Mayor, Deputy Mayor or Councillor who is convicted twice of an offence punishable under section 442-A.
(2) The Government shall, when they propose to take action under sub-section (1), give the Mayor, Deputy Mayor or Councillor concerned an opportunity to explain and the notification issued under the said sub-section shall contain a statement of the reasons of the Government for the action taken.
(3) Any person removed under sub-section (1) from the Office of Mayor, Deputy Mayor or Councillor, as the case may be, shall not be eligible for election to the said office until the date on which notice of the next ordinary election to the Corporation is published in the prescribed manner or the expiry of one year from the date specified in such notification, whichever is earlier".
7. Amendment of section 7.- In section 7 of the 2002 Act, in section 442-A proposed to be inserted in the Coimbatore City Municipal Corporation Act, 1981 (Tamil ???), for the expression "shall be punished with fine which may extend to one thousand rupees", the expression "shall, on conviction, be punished with fine which may extend to fifty thousand rupees" shall be substituted.
PART-V
8. Insertion of new section 8-A.- After section 8 of the 2002 Act, the following section shall be inserted, namely:-
"8-A. After section 40-B of the 1920 Act, the following section shall be inserted, namely:-
40-BB. State Government's power to remote Chairman, Vice-Chairman or Councillor convicted under section 314-A.-(1) Notwithstanding anything contained in this Act, the State Government may, by notification, remove any Chairman, Vice Chairman or Councillor who is convicted twice of an offence punishable under section 314-A.
(2) The State Government shall, when they propose to take action under sub-section (1), give the Chairman, Vice-Chairman or Councillor concerned an opportunity to explain and the notification issued under the said sub-section shall contain a statement of the reasons of the State Government for the action taken.
(3) Any person removed under sub-section (1) from the Office of Chairman, Vice-Chairman or Councillor, as the case may be, shall not be eligible for election to the said office until the date on which notice of the next ordinary election to the Municipal Council is published in the prescribed manner or the expiry of one year from the date specified in such Justification, whichever is earlier".
9. Amendment of section 9.- In section 9 of the 2002 Act, in section 314-A proposed to be inserted in the Tamil Nadu District Municipalities Act, 1920, for the expression "shall be punished with fine which may extend to one thousand rupees", the expression "shall, on conviction, be punished with fine which may extend to fifty thousand Rupees" shall be substituted.