LexThe Tamil Nadu Municipal Councils (Appointment of Special Officers) Act,
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The Tamil Nadu Municipal Councils (Appointment of Special Officers) Act,
1976
Act 28 of 1976
Keyword(s):
Councilor, District Municipalities Act
Amendments appended: 7 of 1985, 8 of 1986
1976: Presfdent's Act 281 Munic~pal ~ounci!s 611
PRESIDENT'S ACT NO. 28 OF 1976,*
THE TAMIL NADU MUNICIPAL COUNCILS
(APPOINTMENT OF SPECIAL OFFICERS)
ACT, 1976.
[Received the assent of the President on the 25th June 1976,
jirst published in the Tamil Nadu Government Gazette
Extraordinary on the 25th June 1976 (Ani 11, Nala
(2007-Tiruvalluvar Aandu)).]
Enacted by the President in the Twenty-seventh Year
of the Republic of India.
An Act to provide for appointment of Special Officers
to Municipal Co~~cils in the State of 'I'amil Nadu.
In exercise of the powers conferred by section 3 of the
Tamil Nadu State Legislature (Delegation of Powers)
Act, 1976 (41 of 1976), the President is pleased to enact as
follows :-
1. (I) This Act may be called the Tamil Nadu Short title
Municipal Councils (Appointment of Special Officers) ~~~e,~mmen-
Act, 1976.
~ (2) It shall come into force at once.
I 2. In this Act, unless the context otherwiserequires,- Definitions.
(a) "councillor" shall have the meaning assigned
to it in section 38 of the Madras City Municipal Corpo;tition
and Tamil Nadu District Municipalities (Amendment
and Extension of term of office) Act, 1971 (Tamil Nad~l
Act 22 of 1971) ;
(b) "District Municipalities Act" means the Tamil
Nadu District Municipalities Act, 1920 (Zamil Nadu Act
V of 1920) ;
(c) words and expressions used and not defined
in this Act but defined in the District Municipalities Act
shall have the meanings respectively assigned to them in
that Act.
- -
*For Reasons for the enactment, see Tamil Nadu Government Garetf~
, Extraordinary, dated the 25th June 1976, Part IV-Section 2, Pzges
236-237.
dl 2 ~unicipal ~ounciis el976 : President's Act 28
(Appointment of Special Officers)
Term of offim 3. Notwithstanding anything contained in section 40
of Guncillors of the Madras City Municipal Corporation and Tamil
of the Nadu District Municipalities (Amendment and Extension councils to expire on the of term of office) Act, 1971 (Tamil Nz-du Act 22 of 19711,
30th day of the term of office of the councillors of all the Municipal
June 1976- Councils in the State of Tamil Nadu, holding office as such
on the date of commencement of this Act, shall expire on
the 30th day of June, 1976 and accordingly, all such
councilIors of all Municipal Councils, including the chair-
men and vice-chairmen of such Municipal Councils and
members of the Committees established or constituted by
or under the District Municipalities Act shall vacate their
office on the 30th day of June, 1976.
Appointmellt of 4. (1) (a) Notwithstanding anything contained in the ,
~~a$:rC~~~~ District Municipalities Act, the State Government shall I
powers and appoint Special Officers to exercise the powers and perform
perform the the functions of the Municipal Councils referred to in
I
functions of section 3, of the chairmen of such Municipal Councils
Municipal and of the Committees established or constituted by or Councils. under the District Municipalities Act.
(b) A Special Officer may be appointed under
clause (a) for one or more Municipal Councils as the State
Government may, by order, specify.
(2) Each Special Officer referred to in sub-section
(1) may also exercise all or any of the powers and perform
all or any of the functions of the executive authority or
any other officer or authority under the District Munici-
palities Act, which the State Government may, by notifica-
tion, specify.
(3) (a) Each Special Officer shall hold office l[for a
period of seven years and nine months] on and from the
drst day of July, 1976: I
1These words were substituted for the words "for a period of six
years and nine months" by section 2 (i) of the Tamil Nadu Muni-
cipal Councils (Appointment of Special Officers) Amendment Act,
1983 (Tamil Nadu Act 12 of 1983). [The words "for a period of
six years and nine months", "for a period of five years and nine
monthsW,"for a period of four years and nine months", "for a period
of four years and three months", "for a period of three years and
three months", "for a period of two years and three months" and
"for a period of one year and six months" were earlier substituted for
the words "for a period of five years and nine months", "for a
period of four years and nine months", "for a period of four years
and three months", "for a period of three years and three months",
"for a paiod of two years and three months", "for a period of one
year and six months" and "for a period of one year" respectively by
section 2 (i) of Tamil Nadu Acts 16 of 1982, 15 of 1981,25 of 1980,58
1979, 6 of 1979, 14 of 1978 and 2 of 19771.
1976 : President's Act 281 Municipal Councils 61 3
(Appointment of Special Officers)
I
Provided that if any vacancy arises in the post of
a Special Officer, the vacancy shall be filled up by the State
Government and the person appointed in the vacancy shall
I hold office for the remainder of '[the said period of seven
years and nine months]:
z[Provided further that the State Government
may, by notification, for sufficient cause direct that the
~ term of a Special Officer be reduced by such period, not
exceeding 3[six months], as may be specified in such
notification.]
(b) A Special Officer shall receive payment for
his services from the municipal fund constituted under
section 119 of the District Municipalities Act.
(c) The State Government may determine the
I relations of a Special Officer with themselves.
(4) The executive authority shall, in the exercise
of the powers and performance of the functions under the
District Municipalities Act, be subject to the control and
superintendence of the Special Officer.
1 These words were substituted for the words "the said period of
six years and nine months" by section 2 (ii) of the Tamil Nadu Muni-
cipal Councils (Appointment of Special Officers) Amendment ~ct
1983 (Tamil Nadu Act 12 of 1983). JThe words "the said period o$
six years and nine months", "the sai penod of five years and nine
months", "the said period of four years and nine months", '&the said
period of four years and three monthsW,.''the said period of three
years and three months ", "the said perlod of two years and three
months" and "the said period of one year and six months" were
earlier substituted for the words "the said period of five years and
nine months", "the said period of four years and nine months"
"the said period of four years and three months", "the said
period of three years and three months", "the said period of two
years apd three months", "the said period of one year and tix
months" apd "the said period of one year" respectively by section 2
(ii) of Tamil Nadu Acts 16 Of 198", 15 of 1981, 25 of 1980, ,8
of 1979, 6 of 1979, 14 of 1978 and 2 of 1977).
a This proviso was inserted by section 2 (iii) of the Tamil Nadu
Municipal Councils (Appointment of Special Officers) Amendment
Act, 1977 (Tamil Nadu Act 2 of 1977), which was deemed to have
come into force on the 30th June 1977.
8 These words were substituted for the words "three months" by
section 2 (iii) of the Tamil Nadu Municipal Councils (Appoint-
ment of Special Officers) Amendment Act, 1981 (Tamil Nadu Act
15 of 1981). [The words "three months" were earlier substituted
by section 2 (ii) of the Tamil Nadu Municipal Councils (Appoint-
ment of Special Otficers) Amendment Act, 1980 flamil Nadu Act
25 of 1980) for the words "six months" which in turn were substi-
tuted for the words "three months" by section 2 (iii) of the Tamil
Nadu Municipal Councils (Appo~ntment of Special Officers) Second
Amendment Act, 1979 (Tamil Nadu Act 58 of 1979), which wa~
deemed to have come into force on the 29th September 1979.1
The following Act of {lie Tamil PTadu Legislature received the
assent of the Governor on the 8th February 19S6 and is hereby
gu blished for general information :--
ACT No. 8 OF 1986.
r
,411 -4 rt -fidrllzer I c) n~}ze?id slze Tanzil Nadu M unicipol Councils
(/I pi1cinrrne17t of Sl~ecial Oflice;) Act, 197 6.
BE it enacted by the Legislature of the State of Tamil Nadu jn the
Thirty-seventh Year of the Kepxblic of India as io1lo1vs:-
1. Shorml title and ro~~mencement.-(1) This Act may be ~alled
thz Tarnil Ndu Municipal Councils (i-\ppoiutme;li of Special Oficers)
'.
Amendment Act, 1986.
(2) It shall be deemed to have Gbme into force on the 27th
Kovernber 1985.
2. A/nendwerzt of sectiolz 3, President's Act 28 of 1976.d-In
~lansc (a) of sub-section (3) of sertio~l I of ihc Tamil Nadt~ Mucici-
pal Councils (Appointment of Special Oflicers ) Act, 1976 (President's
Act 25 of 1976) (hereinafter referred to as the principal Act),-
(i) for the words "for a period of nine ycars and six monthr",
?he words " for a period of nine years and nine months " shall be
slibstituted;
(ii) in the first proviso, for the words " the said period of nine
Itcars and six months", the words "the said period of nine years
zi!l~l nine months '' shall bc substituted. . ,
3. Xcpctr 1 rrd saving.-- ( 1 ) The Tamil Nadu Municipal Councils
(:lppci~tlment GI! Spccial Offjcers) Secolld Amendment Ordinance,
15'55 (Tamil Nndu Ordinance 11 of 1985) is hrcby repealed.
(2) No~;vil!!standing such repeal, any thing done or any action
tal:cn under the principal Act. as amended 3y the said Ordinance,
sliall 1;~ dccillcd to have kcci~ dc;!?e or taken under ~hc principal Act,
as ;!!nenclcii Ey th's Ac!..
(.8y orcler of the Govenlor.)
S. VADIVELU,
Cor?i~nissiot:el. rrr?iJ Secretnry z o Go vcrr~~.rent,
i' -
b +: Law Departrdent.