LexThe Tamil Nadu Urban Local Bodies Act, 1998
Tamil Nadu · state statute
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The Tamil Nadu Urban Local Bodies Act, 1998 Act 9 of 1999 Keyword(s): Appoint, Building, Building Line, Carriage, Casual Vacancy, Council, Councillor, Infectious Disease, Latrine, Municipality, Municipal Area, Municipal Office, Nuisance, Occupier, Open Space, Ordinary Vacancy, Owner, Park, Play-Field, Private Street, Public Street, Public Water-Course, Reconstruction, Rubbish, Salary, Sanitary-Worker, Scheduled Castes, Scheduled Tribe, Solid Waste, Street-Alignment, Tamil Nadu State Election Commissioner, Urban Local Body, Ward, Ward Office, Ward Officer, Wards Committee, Water-Course Amendments appended: 54 of 1999, 26 of 2000, 10 of 2001, 35 of 2022, 19 of 2023 24 of 2024, 25 of 2024 .----- - - ---w-- _._^ _ -- - - -..- - ---------._I - -- ---I_- -- TAM& NAD U C;OVERNMENT GAZETTE EXTRAORDINARY &--- --..~ at +- - 16 I!', u'4ib:lidn of 'PI& blic mretings on the day p:eccding the election day and on the day. . 17 L)ljturbnnezs ,at election meetings. 18 Restrictions on printing of pamphlets or posters. 19 Oacers. etc., at elections not to act for candidates or to influence voting. ,TX.$ ,. . 20 Piohibition of canvassing in or near p~lling stations. , 2L Pznalty for disorderly conduct in or near polling stations. e 22 Panalty for misconduct at polling stations. 23 Penalty for hiring or procuring of velticles for conveyance of voterat elections. 21 Bre%ch of official duty in connection with election. 25 Removal of ballot papars from polring stbtions to be an offence. 26 ' Other offences and penalties. 2, . Prosecution regarding certain election offences. 28 ~equisitioning of buildings, vehicles, etc., for election purpose. 29 Corrupt practices. DlSPUTES REGARDING ELECTIONS, 30 .EIection petitions. 31 Grounds for declaring elections to be void. 32 isq qualification of Chairperson or councillors. 33 Oath or affirmation to be made by Chairperson and councillor. 34 Resignation of Chairperson, councillor and member and Chairperson ot committee. 3 j Dscision of question of disqualification of courcillor. CHAPTER -1V. Z-J ~NC~L, CO.MMITTEE. CHAIRPERSON. COUNClLLOR, COMMISSIONER. AND CONSTITWON .-/I:.I,"~ICIPAL SERVICF. 36 Municipal Authorities. 37 Constitution of Council. 38 &$ervation of offices of Mayor in Municipal Corporation f~r~rnembers of Schdukd Castes or Sc~adulod Tribes and for women. 39 ~~~e~v~ti~~ of offices of Chairperson in municipa!ities and town ~anchayats. 40 p>.ners and functions of COU~C~~. 41 efonstituti0n of joint cornnlittee or s~ecial committee. 42 and orders of Council. 43 Duties and powers 9f counciliors* 44 chairperson of municipality. 45 powers and duties of Chairperson. (A Group) IV 2 Ex. (398WA 46 Deputy Chairperson of municipality. 47 Delegation of funcitons of Chairperson to councillor in atrerce of Deputy Chairperson. 48 Payment of honoraria, fees or allorances t~c hairperson, Deputy Chais$erron and councilloo. 49 -mution of wards ccmmittee. 50 Dissolution of Council. 51 Motion of no confidence against Deputy Chairperson. 52 Removal of councillor or Chairperson. 53 Saving of vs-lidity of proceedings. - 54 Appointment of Special Officer of mur.icipa1ity. Bb 55 Powers of Government and Collector for purpcse of control. APPOINTMENT OF COMMISSIONER' EXECUTlVE OFFICER AFD CCNSTITUTICN OF- MUNIClPAL SERVICE. ew I .. 56 Appointment of Commis~iorer ana Executive Officer of ~unici~ality. 57 Power of Commissioner of municipality. 58 Constitutian of municipal service? .". . .. - 59 Municipal establishrnec: . 60 Method of recruitment. 61 Fisation of cadre strengthland cleation' of ~ocls. CHAPTER-V. FINANCE AND BUDGET. 62 Jlulticipal fund. 63 Appointment of auditc~s of accounts, 64 kuthorised expenditure. 65 paymcnt of amount by a munici~ality for any specid ucr k. 66 Pbwer of municipality to borrow moncy. 67 Form, effect and payment of debentures, 68 Maintenance and investnent of sinking fund. 69 Priority of paqments for interest and repapent of lcaos 01 er otker ~s; n?ent. 70 P~eparation of budget. g 7l Prepaiation of supplenlental bcdget and final mcdificaticl; and 3p~rcpriztlon 72 Constitution cf Finance <- nmissio~. 1 CHAPTER-VI. PRGPEH'TY,M'ORI<S, TAXATION. LICEXCE AID FEES. &, PROPERTY AND \YGRKS. 73 Acce~ tarice of trust propertleu. 74 Power to acquire land for municipality, ; 75 Entrustneflt of' any work to n:unicip,llity not prc~ided fcr uoder this Act. Grant of licences by Commissioner in certajn casts. Power LO canccl or suspend liccnrx. ,144 Period of licence. 145 Power to stop work. Revision by High Co~rt. Bar of cornpensat ion. Bar of jurisdiction of courts, Chapter to override other laws. Delegation of powers by Government. . , CHAPTER-IX. , . : 4: ' WATER SUPPLY AND SEWERAGE. . .. . I.! , , ,. 19 Application of this chapter. I I , ... ' : '19 Ve'stihg of water works in municipdlity. (. # *., (0 ,, ..) '. 15s House, drains and private cess-pools. , .&. 1% Entrustment of water supply and drainge work. . . .. . 157 Supply of water by municipality and provision for water meter. 158 Supply of water for commercial, industrial and othcr purposes. 159 Supply of water to other neighbouring local bodies. .. , . 3; ' 160 Power to disconnect water supply connection. .. . t:. 161 Prohibition of allowing or throwing any material in water~sourccs or drainage. 162 Power to undertake municipal work in any.private properly and poiver to enter into.priv#e hnd. *, ,, *... t I 163 Rcpzir of public tank, wells and other works by te1.1porarily rcmoring ncarby residents.. , . , , , ni , , . 164 Power to order filling in of pools, etc., which are nuisance. . , . 4, 8 I 'i :t, 165 Regulation or prohibition of certain kinds of cultivation. .. . .:.!A }c; CHAPTER-X. PUBLIC HEALTH AND SOLID WASTES XIANAGEMENT. ' I -.;,,, , 4f - 166 Qbligation to report infectious disease. ,. , ....wi '1; 167 Power to enter and remove patient. 168 Disinfection of building and articles. 169 Po:":r to order closure of infected buildin:. . .. !f- -. 110 poi,,:r to commij~jon:i to prohibit use 0: .?:?::r I.ki!i 11 5-7. :! :T:~'~in. 171 ~~p~lation control, family welfare and small family norm. ~ TAMIL NADU GOVERNMENT GAZE1TE EXTRAORDIEARY 5 - - - - -- CC- - Burial and burning grounds and cre: natoria. Regulation in respect of carrying or dispos~l of corpse. . Removal of doad animal. : Disposal of solid wastes and drainage water. i Introduction of modern methods for clearance of soild waste in municipality. 7 Removal of garbage. 3 Legal action against persons or industrial units for non removal of solid wastes or debris. 9 Applicability of Tamil Nadu Act I11 of 1939, CHAPTER- XI. PROCEDURE AND MISCELLANEOUS, $0 Penalties. (1 Liability of Chairperson, Deputy Chairperson, Councillor, Commissioner, Officer and employee for any 10% waste or misapplrcatlon. 32 Limitation for recovery of dues. 63 Sanction for prosecution of Chairperson, Dcputy Chairperson, Councillor, Commissioner or any officer employee of municipality. H Chairperson, Deputy Chairperson, Councillor, Commissioner, officer and employee to be public servants. 85 Elrercise of powers of police officers by lnunicipal officers and emp1oyt;es. 86 Cognizance of offences. -87- Protection of action taken in good faith. 188 Offences by companies. 189 Injunctions not to be granted in election or assessment proceedings. 190 Power to enter to inspect, survey or execute work. 191 Payment of compensation for damage to municipal property. 192 Prhhibition against rcmoval of any municipal property. 193 prohibition against obstruction of municipal authorities, officers or cs plcyce c.f n tir.ici s.l;l! : r iic,, 1% Method of serving document. 195 Power of person conducting election ~nd other inquiries. 196 Summons to attend and give evidcnce or produce documents. 197 Power to remove difficulties. iPt Power to make rufes. 199 Regulations and by-laws to be framcd by the Council. ' 280 Repeal and savings. --- - -- P - . . ------ -- . -- .- - - -- -- - ------ -- -- .- - - ----.------ - .. - -- .- ----- - - The foU0~'ng Act of the Tamil Nadu Legislative Assembly received tho assent of the Prmident on the 4th May 1999 and is hmeby pub1ishM for fnformaton r- ACT No. 9 OF 1999. An Act to amend and coasolidato tbo lam dating to Municipalities and Municipal Corporations in the Stab of Tamil Nada and for-matters comoctod thowith and incidental thereto. BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-ninth Yoar of the Ropublic of India as follows :- CHAPTER-I. i PRELIMINARY. 1- (1) This Act may be called the Tamil Nadu Urban Local Bodies Act, 1998. Short titIo, oxtcnt and commencement. (2) It extends to the whole of the State of Tamil Nadu. (3) It shall Gome into foroe on such date as the Government may, by notification, appoint. 2. In this Act, unless the context otherwise requires,- Dellnitions. (1 ) " appoint " includes to appoint temporarily or in an officiating capacity and " appointment " shall be construed accordingly ; (2) " building " includes- (a) a house, out-house, stable, latrine, godown, shed, hut, wall and any other structure whether of masonry, bricks, mud, wood, metal or any other materials whatsoever ; (b) a structure on wheels or simply resting on the ground without founda- tions ; and (c) a ship, vessel, boat, tent, van and any other structure used for human habitation or used.for keeping or storing any article or goods ; (3) " building line " means a line which is in rear of the street-alignment and to which the niain wall of a building abutting on a street may lawfully extend and beyond which no portion of the buildlng may extend except as prescribed in the building rules ; (4) " carriage " means any wheeled vehicle with springs or otber appliances acting as sprin and includes auy kind of bicycle, tricycle and cycle-rickshaw but B does not inclu e any motor vehicle within the meaning of ths Motor Vehicles Act, 1988 ; (5) " casual vacancy " means a vacancy occurring otherwise than by efflux of time and " mid-term election " means an election held 6n the occurrence of a casual vacancy ; -. ;6) " Chairperson " and " Deputy Chairperson " means,- ra) in relation to a municipal corporation, the Mayor and the Deputy Mayor, respectively : (b) in relation to a municipality, the Chairperson and Vice-Chairperson, respectively ; and (c) in relation to a town panchayat, the Chairperson and Vice-Chairpersor.: respectively ; (7) " Comm~ss~oner " means- (a) in relation to a municipal corporation arra mnnlapality, the Corn- 8 eissioner of rne municipal corporation or wunicipality, as tuc case may bs : and (A Group) 3Y.2 EA, '3'381.- 2 (8) *4cornmittee" means the Standing Committee, wards Commi~ee or any ' other committee constiturea under this Act ; (qJ ,':company" g+q+aS~ :;,; .\s &:cr. :,'I: .# ' t ~"'7 3,- ' :.I )* ,:I ..? \t,$.,, a,>lrb - (a)* k4 =6mpa~jai defined in the Companies hct, 1956; including any Central f~rt=;~n anzyany xyithin thp Eeani~e of s~rti~n 591 nf th9f Act ; - -- - '* , i I (b) any bhd y cirporate ; or (c) any firm or association, vyhether incorporated or not, carrying on business in the State of Tamil Nadu whether or not its principal place of busmess 1s situated in the said State ; (LO) acouncil" means the council of the municipal corporition, municipality or town panchayat. as the Fase may be; (11) ucouncillor" means the councillor elected to a municipal corporation, municipality or tb .-.q vanchayat, as the case may be ; (12) "date 01. the coilllllence~llerlt of this Act " means the date appointed under sub-section (3) of section 1 ; (13) " Director " means,-- (a) in relation to & municipal c~rporation, the Director appointed byathe Government for the corporatims and if there is no Director for any Corporation, the Government ; (b) in relation to a municipality, the Director of Municipal Admixistratior, ' appointed by the Gover~lment : and (c) in relation to a town panchayat, the Director of ?own Parrchrryats appointed by the Governn~er~t ; (14) ''Finance Commission'' means the Finance Commission referred to in section 72 .' (1 j) g'food" includes,- (a) every article (other than drugs and water) used as food or drink for human consu laptioil ; (b) all materials used or admixed in the compositioll or preparation of such azticles ; and (c) flavouring or colouring matter, conl'ectio;iery, spices and conc; iments; (16) "Government" means the State Government; (17) *linfectious drs:ase" shall have the same meaning as in section 52 of Tamil IhcTamil NaduPublic Nealt!~ h ct, 1439 ; Act I If (IS) "latrine" means a place set apart for defecating or urinating or both; (!?) "m~nicipality'~ with its grammatical variation means the nlunicipel corporztlon or the municipality or the tow11 panchayat constittited or c~eemed to have been const~tuted ui16 er this Act ; (20) "rn~anicjpal area" n-.ear,s the territorirl area of tlie mullieirelity as it notified by the Goverror ulfci er ciause (d) crf Article 243-P of ttLe C 01 stitutiol- ; F TAMIL NADU GOVERNMENT GAZET'JX EXTKAO.~WAI: I,, . .. . -. .'. .. . - - -. ' 7 (21) " municipal office " means the principal office of the municipality ; ' ' 02) " nuisance " includes any act, omission, lace or thing which eauw # i3:ge y to cause injury, danger, amoyance or of ! ence to thc sense of sight, dieu or hearing or disturbance to rest or slap or wKch is or may be dadgerous fo fife or injurious to the healrn 08 property of tho public or the people in general @ho dwell or occupy property in tho vicinity, on persons who may have occasion to use public place as a right ; (23) " occupier " includes,-- (a) any pt:rson for the time being paying or liable to pay to the owner the aent or any portion of the rent of the land or building or part of the same in respect -of which the word is used or damaged on account of the occupation of such land, builcling or part; and (b) a rent--free occupant ; (24) "open spacew means any land whet her enclosed or not bqfonging to %he. Government or any local aufhority, pn which there are no buildings or of whlch not more than one-fwentleth part 1s coverrd with buddings and the whole or the remainder of which is used for purpose of recreation, air or light ; (25) " ordinary vacancy " means a vacancy cccurring by efaux of time and "' General election " means an election held on the occurrence of an ordinary vacancy ; (26) " owner " includes- (a) the person for the time being receiving or entitled to receive whether ..on his own account or as agent, trustee, guardian, manager or receiver for another person, or for any religious or charitable purpose the rent or profits of the property in connection with which the word is used; and (b) the person for the time being in charge of the animal or vehicle, in connection with which the word is used ; (27) "park" means a piece of land on which there are no buildings or of which not more than one-twentieth part 1s covered with buildings and the whole or the remainder of which is laid out as a garden with trees, or flower-beds or as a lawn or as a meadow and maintained as a place for the resort of the public for recreation, air or light ; (28) "play-field" means a place of land aaapted for the purpose of play, game or Sport and used by schools or colleges or clubs; (29) " private street " means any street, road, square, court, alley, passage ,or riding-path which is not a '' public street " but does not include a pathway made by the owner of premises on his own land to secure, access to or the convenient use of such premises ; (30) " public street " means any street, road, square, court, alley, passage or riding-path over which the public have a right of way, whether a thoroughfarr: or not, and includes- (a) the roadway over any public bridge or causeway; (b) the footway attached to any such street, public bridge or causewiiyr .laad - (c] the drains attached to any such street, public bridge or causeway and the land, whether covered or not by any pavement, verandah ar other structure, which lies on either side of the roadway up to the boundaries of the adjacent property whether that property is private property or property belonging to the Central or any State Government or nublic undertaking; (3 1) " public water-coursa, sp ing, well and :ank " include those usedlby the public to such an extent an to give a prescriptive right to such use : (32) " reconstraction " of a building includes- (a7 the re-erection wholly or partially of my building after more than ones nalf uf its cubical contents has been taken down or burlit down, or has fallen down whether at one time or not; /,b) the re-erectim wholly or partially of any building of whicli dn ~irtet ivall has been taken down or burnt down or has fallen dowr~ L,. or within three i metres of, the grovnd adjoining the lowest storey of the building, and or any frame building which has so far been teken down or burnt down or h3s h!lea donn E* ts leave cnly the hame work ot the lowest storey; . - ?-. - -, TAMIL NADU GOVERNMENT GAZEmE EXTRAORDINARY c .2 - -- - - ..- (c) &e conversion into a dwlling-house er a place of public worss? efan~ bu~ldlng not originally constructed for human habitation or for public WO~S~~P, the cna may be, or the ecnversioa into mere than one dwellin~heusc el buHiag originally constructed as o~e dweareUin&house on:y or the conversion of dwelling-ho- into a fwkry ; _ A( ,. 1 . .< (d) the re-conversion into a dwelling-house'or a place of public wonhip or 8 factory of any building which has been discontinued as, or appropriated for any purpaw etixer man g rrnft~:~g-!x>-c~t 21 8 plscc cf public worship or ti ffMOV, 85 the case may be ; (33) " Regional Director " means,-- - (a) in relation to municipality, the Regional Director of ~unicipal Administration having jurisdiction over the lnunicipality and appointed by the Government ; and (b) in relation to town panchayat, the Assistant Director or Zonal Director of Town Panchayat having jurisdiction over the town panchayat and appointed by tho Government ; (34) " residence "--" reside "-a person is deemed to have his *#residence '" ' or to "reside " in any house or hut if he sometimes uses any portion thereof as a sleeping apartment, and a person is not deemed to cease to reside in any suth house or hut merely because he is absent from it orehas elsewhere another dwelling In which he resides, if he is at liberty to return to such house or hut at any time and has not abandoned his intention of returning ; (35) " rubbish " means dust, ashes, broken bricks, mortar, broken glass and refuse of any kind which is not " solidwaste " ; (36) " salary " means pay and acting pay or payment by way of commission and includes exchange compensation allowances, but not allowances for house-rent, camage-hire or travelling expenses ; (37) " sanitary-worker " means a person employed in collecting or removing rubbish or solidwaste or in cleansing drains, latrines, or slaughter-houses or in driving carts used for the removal of rubbish or solidv~aste ; (38) "Scheduled Caste," shall have the sane c eilning 4s dtfilled in the Constitution ; (39) " Scheduled Tribc, " shall have the same meaning as defined in the Constitution ; (40) " solid waste " means- (a) nightsoil and othlx contents nf latrines, cesspools and drains ; (b) dung and refuse or 1-lseless or offensive material thrown out in conse- quence of any process of manufdcture, industry or trade ; (c) putrid and putrefyiug substances ; (e) the solid waste discharged from the hospitals , and re1 such oti-er solid wa5te which aye detrimental to public herrlth ; (41) " Standing Committee " means the Standing Committee referred to in section 36 ; (42) " street-alignment " mans a line dividing the Iaitd comprised in and forming part of a street from rhe adjoining land ; (43) " Tamil Nadu State Election Commissioner " means the Tamil Nada StateElection Commissioner referred to in section 5 ; (44) " Tamii Nadu Stat; Election Commission " means the Tamil Nadu State Election Commission refcrrea to in section 5 ; ---______ ---- .. p~ - -- -- -- -. *MIIJII~I~~I-I-~--Y..)*.I.I~U~--~IIRII -- - . --- A - .. - . -- - (45) "urban local body " or " local authority " means thc muddpal corporation Or mitllicip&lity or town paachayst, as the case may be : (46) " ward " means the ward of a municipal corporation or' bunicipality or town ~anchayat as may Fe notified under 8; (47) " ward office " means an office established in relation to a wards committee ; IAQ' " u*m*a " --nr* a* -=an- nn-n:rtnrl h.r +ha Cm.p-mmmt far the \ '"I --- u--w- --..-" -- "-I* ..=.."--l- - -a- - - . ------ - -- ward ofiice of the munlclpal corporation or municipaEY ; (49) " wards commttee " meats the wards committee referred to in section I ;50) " water-course " includes any Aver, stream or channel whether natural or artificial ; (51) "year" means the financial year. CHAPTER IT. CONSTITUTION AND RECONSTITUTION OF MUNICIPALITY, 3. (1) The Governor may, by notification, having regard to the population of Constitution o the area, the density of the population therein the percentage of employment in Municipality. non-agricultural activities, the revenue generated for local administration, the economic importance or such other factors as he deems fit, constitute any local area as,- (a) a " town panchayat " where the population is estimated at not less than twenty thousand and the annual income of such area is not less than thirty lakhs of rupees ; (b) a " ~nunicipality " where the population is estimated at not less than thirty thousand and the annual income of sl~ch area is not less than flfty lakhs of rupees ; Explanation. I-For the purpoye of this section and sections 7, 37, 38 and 39, " population " means tile population 5s ds~ertaiiled at tne last pre- ceding census of which the relevant fizures have ~een published by the Central or the State Government. - ., . Explanaiion XI.-For the purpo$c of this sectio,~ '"annual inct,me9' means rhc I :I vcrage in come of a panchayat constltuted under be Tarcil Nadu Panoha~zt .?s:, 109 1 or of a ,ndnicipdlity for the last three co.!secutive years. . . . . . . (2) (a) The Govern01 ,ray, by notification, d~clare his intentiony- (i) te jtlcIilde within tk- *vqicipaIity any locJ area contiguous thereto and defined In suc11 not~ficatlotl ; or (ii) to exclude from the ~~~unicipaiity any local area coinprisea therein dud defined in such notification: Provided that no c.~ntonment shall be inciuded within the nunicipality, [b) On the p~~biication of the notification under sub-section (I), any person residing within the local area concerned in relation to which any such. not~ficatlon has been published or any municipal council affected by any such notification may subir~it objections, in writing, to any officer authorised in this behalf within forty- f~ve days fron~ the date of publication of such notification. . . -- . - .-- --- - ---- ---a- --- ---- ---> -:----.+ -: - -- -.- --- -7 - .--- - --I -- - - . .- -* - .- .-. - --*-- - - --- - .- - .- - - - 44 '1 TAML NADU GOVERNMENT GAZETTE E&TMoR;D~NARY L t. ; - *,-,-, -- r-Tr24.. - ' (63 Tha Governor may, after considering the objections and recommenda- tions reqiy~#.,w clause (c) declarej by notification, the inclusion within, or exclusion fiom, the municipality, any local area. (e) On publication of the notification under clause (d), this Act shall come into force in, or cease to apply to, any such local area or any portion thereof, as th3 case may be, on such date as may be specified in the notification under clause (d). (f) The inclusion of any village panchayat in any municipality shall not affect the previous operation of the Tamil Nadu Panchayats Act, 1994, in respect Tamil Nadu of that ares and any penalty, forfeiture or punishment incurred, in respect of any Act 21 of 1994 offence committed against the said Act, or any investigation, legal proceedings or I remedy in respt,' of the said penalty, forfeiture or punishment and any such penalty, forfe~ture or punishment may be imposed as if this Act had not been passed. - (g) An person aggrieved against the notification published by the Governor under clause ( d ) may prefer an appeal to the High Court within thirty days from the date of publication of such notification. (h) If any local area in which the Tamil Nadu Panchayats Act, 1994 is in Tamil Nadu force, is constituted as or included in a municipality, the Government may pass Act 21 of 1994. such orders as they may deem fit as to the transfer to the municipality or disposal otherwise of the assets, or institutions of any panchayat in the local area and as to the discharge of the liabilities if any, of such panchayat relating to such assets or institu- tions, and as to the transfer or retention of the officers and servants working in the local area as the case may be. (3) Every municipality constituted or deemed to have been constituted under this Act shall be a body corporate and shall have perpetual succession and a common seal and subject to any restrictions or qualiEcations imposed by or under this Act or any other law shall be vested with the capacity of suing or being sued in its corporate name, of acquiring, holding and transferring property, makable or im- movable, or entering into contracts and of doing all things necc:ssary, proper or expedient for the purposes for which it is constituted. (4) The Government may, by notification, classify municipalities into various grades for the purpose of effective administration of the said municipalities in accordance with such norms as may be prescribed. Reconstitution of 4. (1) On and from the date of the commencement of this Act,- f'own Panchayats, Municipalities end Municipal (a) the Town Panchayats and Munioipalities constit~ted under the Tamil Corporations. Nadu Distriat Municipalitins Act, 1920 sha.11 be deemed to have been constituted Tamil Na and inaorporated under this Act and are hereby declared to be the Town Pancha- yats and Muniaipalitics as the case may be by their respective names and in I their respective areas; (b) (i) the Muriicipl Corpolation of Chennai constituted under the Chennai T City Municipal Corporation Act, 1919 ; (ii) the ~unlcipal Corporation ot Madurzi constituted ucder the Madurai Tamil City Municipal Corporation Act, 1971 ; fiii) the Municipal Corporation of Coimbztore 'cnstituted l:nder the Coimbatore Clty Mucicipal Corporation Act, 1981 ; (iv) the Municipal Corporation of Tiruohirappalli constit~ted cnder the Tiruah~rappalli City Municipal C~rpo~~tion ~ct, 1994 ; (v) the 3lcnicipl C~~ration of Tircoelveli cocidrnted ~pze~ the ~irunddi (b xcnk$e~ c.~*D ~ct, 1994 ; t2" - - -- -- -- __ _ _ ______--- -- -.-...-* -r -- - - .- - -- - ---- - -- --- :- GO~ERNM~YT GAZETTE EXTRAORDINARY 45' -1- (vi) :Zc ;viuniciP3l Corporation of Salem constitwed under the B!e 9 City Munici~l Corporation Act, 1994 ; shall be deemed to have been constituted and incorporated under this Act and ale hereby 4scla~pd to be,the Munidpai Corporations by the aforesla' ~nhmcs and in thkir . ?IS res@<c?,iyk: .. . ,municip.l , area. t..' , -. . .<A , ... 7" PS: vCL; , , " I - . . (2) Any appointment, notific":ion, notice, tax, order, scheme, ligeqe. t .% rL,'$.~ht;! pelmission, xule, by-law or form made or issued or imposad *under ' the " hats ,,- !d I* referred to in sub-section (1) in respect of such munf~ipality whiah were in,fbroe 'I' 25 ~ppfiGibI~ iiiiiiidi~tdy t$'vip diiig of ;he oc, ~~~,~~e~t of this Ad +&!I '( : continue to be in forc~ and be deemed to have been made, *issued or imposed u'dbbr' the provisions of this Act unless and until it is superseded by any appointment, notifioation, notic~, tax. order, scheme, licence, perm'ssiotl, rule, by-L\r ortform made or issued or imposed under this Act. - .. I CHAPTER 111. CONDUCT (3P BLE~IONS. I, 5. The super~ntenc~cncc, direction and control of the preparation of electoral Election to rclls for, and the cor~duct ot, ~ll elections to the municip?lity, shall be vested in the usi id pal if^. Tamil Nadu State: Flection Commission consisting of a Tamil Nadu State Election Commissioner to b:: appointed by the Governor under Article 243-IC of the Constitution. 6. (1) Whew in cnnnectian with the tendering of any opinion to the Governor, Powers of the Tamil Nadu State Elcction Commission considers it necessary for proper to make Tamil Wadp an irlquiry and the Comr~ission is satisfied that on the baais of the affidavits filed State and the doouments produced in such inquiry by the parties concerned of their own Election accord, it cannot ccims to a decisive opinion on the matter which is being inquired C~mmission. into, the Commission sh211 have for the purposes of such inquiry, the powsrs of a ral Act- civil court, while trying a s~.it under the Code of Civil Procedure, 1908 in respect of 1908. qf the bllowing matters, namely :- (a) summorting and enforcing the attendancc of any person and examining him on cath ; (h) requiring the c;iscovery and production of any doi:ument or other material object produceable as evidence ; (c) receiving evidence on affidavits ; (d) requ:sttlontng any public record or a copy thereof from any court or (e) issuing comlnissions for the examination oi witnesses or documents (2) The Commission shall also have the pawer to require any person, subject to any privilege which may be claimed by that parson under any law for the time being in force to furnish information on such points or matters as in the opinion of the C;mrnisgic?n may bs useful for. or relevant to, the subject matter of the inquiry. (3) The Commission shall be deemed tc be a civil court and when any such offence. aq is described in section 175, section 178. section 179, section 180 or sectinn 225 of the Jndian pella1 Coda is committed in the view or presence of tbt. ~nission may after recording the facts constit: .tin8 the offencg e accuqed as provided for in t'le Code of Criminal Procedure 1973, forward thc cnqe tcr a l~?~gistrate having jilrisdiction to try th": same and the magistrate ic whom any such c.-lse is forwarded shqll proceed to hear t hr: compl~int apainst !hc accused as if +he case had hcen forwarded to him under section 346 cf iile Code of Criininnl Procedure, 1973. (4) Any proceeding bef~re thc Commissio~l $hall be +earned to b? a ju?;ctdl nl.ocred'ge !%r,vithin the mealtine of section 193 and r:-cfic? 22P .,f th~ I nd;nc Pcnni 46 TAMIL NADU GOVERNMENT GAZQITE EXTRAORI)ll$AK.Y ". i?iration of 7. (1) The total numi~r of councillots of the municipality exclusive of its total rmmbar Chairperson shall be fixed by the Direct01 in accordance with the norm6 pr mcri bed of oounofllorr and bsued on the population in ralaticrn to such municipality of the lad precxxiing ofmun~oi~ality. census of whioh the rolevarrt figures bava been published. (2 The total number of aormalllnrr of the munlal rllty ro Md under rub- I by the Contra1 or the State Government. B wtlaa ( ) uhall not bo alterad till naxt muaceadlag aensue guzer eze prblfrbd aithor . 'olimitatioa 8. (1) For the purpose of the eleation of the counaillors, the oommiseioaer of )f wards. tho muaioipality shall in aonsultation with the Couaail prepare a draft proposal for the dolimitation of the wards of tho municipality end publish the same in suoh maanar as may bo presoribed. (2) On auoh publioation, any person or assoaiation of persons residing or - situated within the looal area of theimunicipality aonaerned may prefer his or its objeotions to suoh proposal within thirty days from the date of publication of the draft proposh]. (3) On the ex iry of tho time limit referred to in sub-soction (2), tho Commissioner shal f oonsider all the objections received, prepare a summary and plaoe the same before the Collnoil for consideration. r (4) rne Counoit shall within a eriod of thirty days from suoh placement oansidrr at a meeting speoially convened: the proposal along with the summary of objections and make its recommendation. (5) On the expiry of the time limit referred to in sub-section (4), the Commissioner shall forward the proposal to the Direotor, who shall oonsider the same and either confirm the proposal or where any modification is required he shall modify the proposal in accordance with the rules prescribed and direct the Commis- sloner for publishing the proposal as approved by him. (6) Any modification or revision to the de~irui~atioa of wards shall be made once in five years before the general election to the municipality. reparation 9. (1) The electoral roll of the munioi ality shall be the same as the electoral I eleatoral roll of the Tamil Nadu Legidative Assem ly prepared and revised in accordance 011. 1 with the provisions of law for the time being in brce, in so far as it relates to such munioipal~ty and it shall be deemed to be the electoral roll of such municipality for the purpqes of this Act and any amendment, by way of inclusion for the purposes of correction of any entry in the electoral roll of the Tamil Nadu Legislative Assembly mado after the date ot publication of the election notification by the Tamil Nadu State Election Commission and before the declaration of the result of such election, shall not form part of the electoral roll for such municipal election. (2) The Tamil Nadu State Election Cozmission may, in special circum- stanoes, direot the Commissioner fox preparation of a now municipal electoral roll ' for the purpose of conducting municipal election to all or one or more munici- ' palities in accordance with the rules. tenera1 and 10. (1) Any general or mid-term election to the Council shall be conducted mid-term by the Returning Officer appointed by the Tamil Nadu State Election Commis- . lection. sion in accordance with the rules. (2) Unless the Tamil Ncdu State Election Commission otherwise directs, no casual vacancy of a councillor or Chairperson shall be filled in cases where the general election for the councillor or Chairperson under sub-section (I) is due within six months. (3) Notwithstanding anything contained in this Act but subject to the pro- visions of sub-section (2), the Tamil Nadu State Election Commission may for any valid reason direot the postponement or alteration of the date of general or mid- term election or may stop the proceedings of any election. (4) A courrL:l1-- or Chairperson clcofod at a mid-term election shall entel upon oE-- forthwith but shall hold office so long only as the councillor or Chair- person in whose place he is elected would have been entitled to hold oGca if tho vacancy had not occured. - *. one ward. Provided that a Person who stands for election as Chairperson shall not&e eligible toJ stand for election as a council101 : Provided furthsr that a psrson who stands for eleation as a councillor shall not be eligible to !stand for election as Chairperson : Provlded ~ljo thlt 110 c~dn:ill~r shall b3 oligibl3 to standjitor]election ,as ?hairperson. 12. (1) No person shalljbe qualified tor being @acted as#@ councillor or Qualification I Chairperson- and disqua11- fiation for being eleated as councilllo~ or C hairparson (a) unless his name is included in the electoral roll in any, one of the tYards of the municipality ; (0) unless he has eompleted twenty-one years of age on the date of notifi- cation of election notice ,' , (a) itlhe is an bfficer or ernplgye; either whole time or part time of the Central or State Government or any local authority, or body corporate owned or controlled by: tile Central or State Government. remunerated by either salary or f ces or honoraria. (2) A person standing for election as a councillor or Charperson shall have a0 share or interest, in any contract or em~loyment with, by or on behalf of the iuunicipality. (3) Alperson standing for election as a councillor or Chairperson must have paid all amount due to the municipality. ,/4) A person wbo bas been sentenced by a criminal court to imprisonment for life or to.imprisonment for a period of more than six months fof any. offence I other than an offence of a political character or an offence not involving mord delinquency (such sentence not having been reversed or the offence pardoned) shall I be disqualified for being elected as a councillor or Chairperson while undergoing the sentence , and for a furlher period offlve years from the date of the expiration of the sentence. I ,, \,,, (6) A shall' be disquali&d for being dected as a councillor or Chalra person if such person is, 9n the date of fiiing the uomination,-- !. I 1: f (a) of unsoud,&d and iiidecldred so by ths competent court having jurisdiction ; (b) an uadischarged insolvent art an applicant to be adjudicated as an insoivent'. ' ' I I, , , !I 8 I. ' '(c) ' directly di ,indirectly, !by himself or through his partner or through his family member interested In a subsisting contract made with or an: war% be& Qqne for , the,mvrlicina~itv , except as a sharef.older (other than a director) 1. I ./ a cam pa^,;,, ,', , , , + , , , , I ,lrJ %xdiination.-+br$the ouwose ,cf, ,jkfs, clausc, the expression "fani!~" in relhtiori to a petson rnsans n,per~od.vthe:wife or husband, as the case may be, tlf suoh person and I he sons, eaughters in law, unmarried daughter S, lbrbthem. uamarried sisters, fa\.her an$ w~ther: - -T. , P 11R?\ - .- > I. L. .- TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY -.--- - _.-- -- __ . __ __----.- -- Provided that a person shall not be deemed to have any interest in such contract or work by reason only of his having a share or interest in- (i) any lease, sale or purchase of immovable property or any agree- , ment for the same ; (ii) any agreement for the loan of noneyor any security for the pay- ment of money only ; (iii) any newspaper in which any advertisement relating to the affairs of the municipality is inserted : - (iv) any colnpany or association, whether i~ corporated or not, which contracts with the municipality for lighting or supplying water to aqy.part of the municipality or insuring against fire or izny property of the munlclpal~ty : Provided furthcr that where any contract lias been f~llly perfor~ned by the person by whom it has been entered into with the municipality then sucl-, contract shall be deemed not to subsist by reason of the fact that the municipality has not performed its part of the contract either wholly or in part ; ( '\ employed as paid legal practitioner on bchalf of the municipality or as legal practitioner against the municipality ; (e) a representative or office bearer of any association or union re-- presenting or purporting to represent, any section of the municipal establishrneni or any class of employees of the municipality; (I) already a councillor whos? term ot ofice as such will not explre before the conduct of fresh election or has already been elected as a councillor trhose term of office has not yet commenced; (g) in arrears ot any kind due by him (otherwise than in a fiduciary capacity) to the municipality up to and inclusive of the previous year; (h) disqualified to stand for being elected &her as a member of t'h Legislative Assembly or as a member ot Parliament ; (t) a person who having held an office under the Central or State Govern- ment or local body has been dismissed from such office for corruption or for disloyalty to the State. (7) A pelson convicted of an offence punishable under any of the p~ovisions of sections 13 to 26 of this Act or under Chapter IX-A of the Indian Penal Code Central Act shall be disqualitted for being elected as a councillor or Chairperson. I ELECTION OFFENCES. Intringem~..~ 13, Every officer, clerk, agent 01 other person performing any duty in sf secrecy of connection with the recordir g or counting of votes at an election who? except for sleetion. some pu ose authorised bj law, communicatas to any person, any ~nformatioa '8. showing lrectly or indirectly for which candidate any voter has voted, and every person who by any improper means, procures any such ~nformation, shall be puuished with imprisonment whiah may extend to six months or with flne, or with - both. Minimum 14. Notwithstanding anything contained ln sactionl?i-F 01. the Indian Penal Central penal! y for Code any person who in connection with an election under thrs Act commlts XLV o personation at an offence of personation puni~hable under that section, shall be punished with an election. imprisonment for a term whffib shall not be lass than six months and not more than two yean and with fl ae. . ~o~uoting 15. Anyperson who in oouneotion with au alection under this Act promotes cnmity between or attempts to promote on grounds of religion, race, caste, community or lanauage, classes ill . feelings of enmity or hatred between different classes of the citizens of India shall o onnection be panished with imprisonment for a term whicb may extend to three years, or itb decrion. with Fine or with both. - - :------------am,- . . __ __ - -- - -- --... 4 . . - --- ----" >< ---_ __ .----.. ----_ __ --------__ - TxM~L NMU GOVBRRNM3NT GAZETrE ~RAO~INARY -- - - - -- 49 - - 16. (1) No person shall convsne, hold or attend any publia meeting in any P~ohibitioi ward during the period of forty eight hours e~ding with the hour fixed for the of publia conclusion of the poll fof any election in that ward. meetings o the day preceding r election da land on th election de (2) Any person who contravenes the provision of sub-section (I) shall be punished with fine which may extend to two hundred and Sty rupees. 17. (1) Any person who at a public meeting to which this section applies, acts, Disturbanc or incites others to act, in a disorderly manner for the ,?urpose of preventing the trans- at electi action of ihe business for which the meeting was called shall be punished with meeting iillprisonment for a term which may extend to three months or with fine whioh may extend to one thousand rupees or with both. (2) This section applies to any public meeting of a p~litical character held in any ward between the earliest date for making nomination of candidates for an election and the date on which such election is held. (3) If any police officer reasonably suspects any person of committing an G offmce under sub-section (I), he may, if requested so to do by the Chairperson of the meeting require that person to declare to hi immediately his name and address .and, if that per.con refuszs or fails so to declare his name and address, or if the police officer reasorab!~ ,.:spccts him of giving a false name or address, the police officer may arrest lllll; without warrant. 18. (1) No person shall print or publish, or cause to be printed or published Restrictio: any election pamphlet or poster, which does not beal on its face the names and printin, -address of t$c printer and thr: publisher thereof. pamphlt posters (2) No person shall print or cause to be printed any election pamphlet or poster,- (a) unless ?. d eclaration as to the id er,rity of the publisher thereof signed by him and attested 1)y two persons to whom he is personally known, is delivered by. him to the printer in duplicate; and (h) unless, within a reasonable time after the printing: of the document, one I copy of thedeclar
Excerpt shown. Open the full act in Lexace.