The Erode City Municipal Corporation Act,2008

THE ERODE CITY MUNICIPAL CORPORATION ACT                     330 
 
 
 
 
 
 
 
 
 
 
THE ERODE CITY MUNICIPAL 
CORPORATION ACT, 2008 
(Tamil Nadu Act 8 of 2008) 
CONTENTS 
SECTION  PAGE 
1. Short title, extent and commencement 
............................................................... 
330 
2. Definitions 330 
3. Establishment of Municipal Corporation for the City of 
Erode 
 
331 
4. Municipal Authorities  332 
5. Constitution  of Council  332 
6. Duration of Corporation  333 
7. The Tamil Nadu District Municipalities Act, 1920 not to 
apply  
333 
8. Application of the provisions of the 1981 Act to the 
Corporation  
334 
9. Transitional Provisions  334 
10. Power to make rules  336 
11. Power to remove difficulties  337 
12. Repeal and saving 337 
 
 
Be it enacted by the Legislative Assembly of the of Tamil Nadu in the 
Fifty-ninth Year of the Republic of India as follows:- 
1. Short title extent and commencement.— (1) This Act may be 
called the Erode City Municipal Corporation Act, 2008. 
(2) It extends to the City of Erode. 
(3) It shall be deemed to have come into force on the 1st day of 
January 2008. 
2. Definitions.— (1) In this Act, unless the context otherwise 
requires,—(a) "City of Erode" or "City" means the local area 
THE ERODE CITY MUNICIPAL CORPORATION ACT                     331 
 
comprised in the Erode Municipality and includes any local area 
which, after the date of the commencement of this Act, is included 
in the City but does not include any local area which, after such 
date of the commencement of this Act, is excluded from the City; 
(b) "Corporation" means the Municipal Corporation of Erode 
constituted under section 3; 
(c) "Council" means Council of Municipal Corporation of Erode; 
(d) "date of the commencement of this Act" means the date 
specified under sub-section (3) of section 1; 
(e) "Government" means the State Government; 
(f) "Municipal Council" means the Municipal Council of Erode 
Municipality; 
(g) "Municipality" means the Erode Municipality; 
(h) "Scheduled Castes" • and "Scheduled Tribes" shall have the 
meanings respectively assigned to them in clauses (24) and (25) of 
Article 366 of the Constitution. 
(2) All words and expressions used in this Act and not defined but 
defined' in the Coimbatore City Municipal Corporation Act, 1981 
(hereinafter referred to as the 1981 Act), shall have the meanings, 
respectively, assigned to them in the 1981 Act. 
3. Establishment of Municipal Corporation for the City of 
Erode.— (1) With effect on  and from the date of the commencement of 
this Act, the local area included in the Erode Municipality shall constitute 
the City of Erode for the purposes of this Act and from such date of the 
commencement of this Act, a Municipal Corporation shall be deeme d to 
have been established for the said City by the name of Erode City 
Municipal Corporation: 
Provided that the Government may, from time to time, after 
consultation with the Corporation, by notification, alter the limits of the 
City constituted under this  sub-section so as to include therein or to 
exclude therefrom the areas specified in the notification: 
Provided further that the power to issue a notification under this sub-
section shall be subject to previous publication. 
(2) The Corporation shall, by th e said name, be a body Corporate, 
having perpetual succession and a common seal with power to acquire, 
hold and dispose of property and to enter into contracts and may by its 
Corporate name, sue and be sued. 
THE ERODE CITY MUNICIPAL CORPORATION ACT                     332 
 
 
(3) The Erode Municipality, functioning immedi ately before the date 
of the commencement of this Act, shall be deemed to have been 
abolished from such date of the commencement of this Act. 
4. Municipal Authorities. — The Municipal Authorities charged with 
carrying out the provisions of this Act shall be, 
1[(1) a Mayor 
(la) a Council;] 
(2) a Standing Committee; 
(3) a Wards Committee; and 
(4) a Commissioner. 
5. Constitution of Council. — (1) Save as otherwise provided in sub -
section (2), the Council shall consist of such number of Councillors elected 
in the manner laid  down in this Act as may be fixed by the Government, 
by notification, from time to time, so, however, that the total number of 
Councillors of the Council shall not exceed seventy-two at any time. 
(2) The following persons shall also be represented in the C ouncil, 
namely: 
(a) the members of the House of the People representing 
constituencies which comprise wholly or partly the area of the Corporation 
and the members of the Council of State registered as electors within the 
area of the Corporation; 
(b) all the member s of the Tamil Nadu Legislative Assembly 
representing constituencies which comprise wholly or partly the area of 
the Corporation. 
(3) The persons referred to in sub -section (2) shall be entitled to 
take part in the proceedings but shall not have the right to vote in the 
meetings of the Council. 
(4) Seats shall be reserved for the persons belonging to the 
Scheduled Castes and the Scheduled Tribes in the Council and the 
number of seats so reserved shall bear, as nearly as may be, the same 
proportion to the total number of seats to be filled by direct election in the 
Council as the population of the Scheduled Castes in the City or of the 
Scheduled Tribes in the City bears to the total population of the City. 
(5) Seats shall be reserved for women belonging to the Schedu led 
Castes and the Scheduled Tribes, from among the seats reserved for the 
persons  
 
 
 
 
___________________________     
1.  Substituted by Tamil Nadu Act 38 of 2008. 
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belonging to the Scheduled Castes and the Scheduled Tribes, which shall 
not be less than one-third of the total number of seats reserved for the 
persons belonging to the. Scheduled Castes and the Scheduled Tribes. 
(6) Seats shall be reserved for women in the Council and the number 
of seats reserved for women shall not be less than one -third including the 
number of seats reserved for women belonging to the Scheduled Castes 
and Scheduled Tribes of the total number of seats in the Council. 
(7) The reservation of seats under sub -sections (4) and (5) shall 
cease to have effect on the expiry of the period sp ecified in Article 334 of 
the Constitution. 
6. Duration of Corporation. — (1) The Corporation, unless sooner 
dissolved, shall continue for five years from the date appointed for its first 
meeting after each ordinary election and no longer and the said perio d of 
five years shall operate as a dissolution of the Corporation. 
(2) An election to constitute the Corporation shall be completed. 
(a) before the expiry of its duration specified in sub-section (1); or 
(b) before the expiration of a period of six months from the date of 
its dissolution; 
Provided that where the remainder of the period for which the dissolved 
Corporation would have continued, is less than six months, it shall not be 
necessary to hold any election, under this sub -section for constituting the 
Corporation for such period. 
7. The Tamil Nadu District Municipalities Act 1920 not to 
apply.—(1) Subject to the provisions of sub -sections (2) and (3), the 
Tamil Nadu District Municipalities Act, 1920 (hereinafter referred to as the 
"District Municipalities Act") shall, with effect on and from the date of the 
commencement of this Act, cease. 
(2) Such cessor shall not affect,  
(a) the previous operation of the District Municipalities Act in 
respect of the local area comprised within the City of Erode; 
(b) any penalty, forfeiture or punishment incurred in respect of any 
offence committed against the District Municipalities Act; or 
(c) any investigation, legal proceedings or remedy in respect of 
such penalty, forfeiture or punishment, and any such penalty, forfeiture or 
punishment may be imposed as if this Act, had not been passed. 
(3) Notwithstanding anything contained in sub -section (1), all 
appointments, notifications, notices, rules, bye -laws, regulations, orders, 
directions, licences, permissions, schemes, forms and powers, made or 
issued or conferred under the District Municipalities Act and in force on 
the date of the commencement of this Act shall, so far as they are not 
inconsistent with the provisions of this Act, continue to be in force in the 
local area comprised withi n the City of Erode until they are replaced by 
the appointments, notifications, notices, rules, bye -laws, regulations, 
orders, directions, licences, permissions, schemes, forms and powers to 
be made or issued or conferred under this Act. 
THE ERODE CITY MUNICIPAL CORPORATION ACT                     334 
 
8. Application of the provisions of the 1981 Act to the 
Corporation.— (1) Save as otherwise expressly provided herein, all the 
provisions of the 1981 Act, including the provisions relating to the levy 
and collection of any tax or fee are hereby extended to and shall apply, 
mutatis mutandis to the Corporation and the 1981 Act shall, in relation to 
the Corporation, be read and construed as if the provisions of this Act had 
formed part of the 1981 Act. 
(2) For the purpose of facilitating the application of the provisions 
of the 1981 Act to the Corporation, the Government may, by notification, 
make such adaptations and modifications of the 1981 Act and the rules 
and bye-laws made thereunder, whether by way of repealing, amending 
or suspending any provision thereof, as may be necessar y or expedient 
and thereupon, the 1981 Act and the rules made thereunder, shall apply 
to the Corporation subject to the adaptations and modifications so made. 
(3) Notwithstanding that no provision or insufficient provision has 
been made under sub -section (2) t o the adaptation of the provisions of 
the 1981 Act, or the rules and bye -laws made thereunder, any Court, 
Tribunal or Authority required or empowered to enforce these provisions 
may, for the purpose of facilitating their application to the Corporation, 
construe these provisions in such manner, without affecting the 
substance, as may be necessary or proper having regard to the matter 
before the Court, Tribunal or Authority. 
(4) In the 1981 Act as extended and applied to the City of Erode, 
(a) any reference to the Ci ty of Coimbatore and Coimbatore 
Municipality, shall by reason of this Act, be construed as a reference to 
the City of Erode and Erode Municipality, respectively; and 
(b) any reference to the Coimbatore Corporation, Corporation of 
Coimbatore and Municipal Corpo ration of Coimbatore, shall by reason of 
this Act, be construed as a reference to the Erode Corporation, 
Corporation of Erode and Municipal Corporation of Erode, respectively. 
9. Transitional provisions. — (1) All property, all rights of whatever 
kind, used, enjoyed or possessed by, and all interests of whatever kind 
owned by, or vested in, or held in trust by or for the Municipal Council 
with all rights of whatever kind used, enjoyed or possessed by the said 
Municipal Council as well as all liabilities legally subsisting against the said 
Municipal Council, on and from the date of the commencement of this Act 
and subject to such directions as the Government may, by general or 
special order, give in this behalf, vest with the Corporation. 
(2) All arrears of taxes or other payments by way of composition for a 
tax, or due for expenses or compensation, or otherwise due to the said 
Municipal Council on the date of such commencement may be recovered 
as if they had accrued to the Corporation and may be recovered as if th e 
said arrears or payments had become due, under the provisions of this 
Act. 
(3) All taxes, fees and duties, which immediately before the date of 
the commencement of this Act were being levied by the said Municipal 
THE ERODE CITY MUNICIPAL CORPORATION ACT                     335 
 
Council shall be deemed to have been levied by the Corporation under the 
provisions of this Act and shall continue to be in force accordingly until 
such taxes, fees and duties are revised, cancelled or superseded by 
anything done or any action taken under this Act. 
(4) All proceedings taken by, or agains t, the Municipal Council or 
authority or any person under the District Municipalities Act may be 
continued by, or against, the Corporation, authority or person as if the 
said proceedings had been commenced under the provisions of this Act. 
(5) Any action taken  under the District Municipalities Act, by any 
authority before the date of such commencement shall be deemed to 
have been taken by the authority competent to take such action under 
this Act as if this Act had been in force. 
(6) Notwithstanding anything contai ned in this Act, every officer or 
employee who, immediately before the date of the commencement of this 
Act was in the service of the Municipality shall, on and from the date of 
such commencement be deemed to be an officer or employee of the 
Corporation: 
Provided that, — 
(a) the terms and conditions applicable to such officers and 
employees consequent on their absorption in the service of the 
Corporation shall not be less favourable than those applicable to such 
employees immediately before the date of such com mencement, as 
regards pay and allowances, leave, pension, gratuity, provident fund and 
age of superannuation; and 
(b) the service rendered by any such officer or other employee under 
the Municipality upto the date of such commencement shall be deemed to 
be service under the Corporation and he shall be entitled to count that 
service for the purpose of increment, leave, pension, provident fund and 
gratuity: 
Provided further that any officer or other employee serving in the 
Municipality shall be given an option to  be exercised within such time and 
in such manner as may be prescribed either to be absorbed in the service 
of the Corporation or to be transferred to the service referred to in section 
73-A of the District Municipalities Act or to be retrenched from the s ervice 
of the Municipality on such retrenchment benefits as may be prescribed. 
(7) Any division of the Erode Municipality into Wards, made under the 
District Municipalities Act, and in force on the date of the commencement 
of this Act shall be deemed to be a d ivision of the Corporation until 
altered. 
(8) The electoral roll prepared for the Erode Municipality under the 
District Municipalities Act, and in force on the date of the commencement 
of this Act, shall be deemed to be the electoral roll for the Corporation 
until a new electoral roll is prepared and published and the part of the 
said electoral roll relating to each ward of the Municipality shall be 
deemed to be the list of the electoral roll for the corresponding division of 
the Corporation. 
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(9) Notwithstanding an ything contained in this Act, the Chairman, 
Vice-Chairman and the Councillors of the Erode Municipality, who are 
elected and holding office as such immediately before the date of the 
commencement of this Act, shall be deemed to be the Mayor, Deputy 
Mayor a nd Councillors of the Erode City Municipal Corporation elected 
under this Act and such Mayor, Deputy Mayor and Councillors shall 
continue to hold office upto such date as the Government may, by 
notification, fix in this behalf or, in case no such date is f ixed, upto the 
date on which their term of office would expire under the District 
Municipalities Act and such Mayor, Deputy Mayor and Councillors shall 
exercise all the powers and perform all duties conferred on the Mayor, 
Deputy Mayor and Councillors by or under this Act. 
10. Power to make rules.— (1) The Government may make rules for 
carrying out the purposes of this Act. 
(2) (a) All rules made under this Act shall be published in the Tamil 
Nadu Government Gazette and, unless they are expressed to come into 
force on a particular day, shall come into force on the day on which they 
are so published. 
(b) All notifications issued under this Act shall, unless they are 
expressed to come into force on a particular day, come into force on the 
day on which they are so published. 
(3) Every rule made or notification or order issued under this Act shall 
as soon as possible, after it is made or issued, be placed on the table of 
the Legislative Assembly, and if, before the expiry of the session in which 
it is so placed or the ne xt session, the Assembly makes any modification 
in any such rule or notification or order, or the Assembly decides that the 
rule or notification or order should not be made or issued, the rule or 
notification or order shall thereafter have effect only in s uch modified 
form or be of no effect, as the case  may be; so, however, that any such 
modification or annulment shall be without prejudice to the validity of 
anything previously done under that rule or notification or order. 
11. Power to remove difficulties. — If any difficulty arises in 
giving effect to the provisions of this Act, the Government may, by an 
order published in the Tamil Nadu Government Gazette, make such 
provisions not inconsistent with the provisions of this Act as appear to 
them to be necessary or expedient for removing the difficulty: 
Provided that no such order shall be made after the expiry of two years 
from the date of the commencement of this Act. 
12. Repeal and saving.— (1) The Erode City Municipal 
Corporation Ordinance, 2007 (Tamil Nadu Ordinance 8/2000) is hereby 
repealed. 
(2) Notwithstanding such repeal anything done, any action taken or any 
direction given under the said Ordinance shall be deemed to have been 
done, taken or given under this Act. 
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