Bare Act
The Tamil Nadu Municipal Authorities (Term of Office and Election of Councilors) Act, 1963
1. Short title and commencement
(1) This Act may be called the Tamil Nadu Municipal Authorities (Term of Office and Election of Councilors) Act 1963. (2) It shall come into force on such date as the government may, by notification, appoint.
2. Definitions
In this Act, unless the context otherwise requires,— (a) "casual vacancy" means a vacancy occurring otherwise than by efflux of time and "casual election" means an election held to fill a casual vacancy occurring otherwise than by efflux of time; (b) "Corporation Act" means the Madras City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919); (c) "councillor" means a councillor of a municipal authority; (d) "Extension of Term of Office Act" means the Tamil Nadu Municipalities (Extension of Term of Office) Act, 1962 (Tamil Nadu Act 12 of 1962); (e) "Government" means the State Government; (f) "municipal authority" means the Municipal Corporation of Madras or a municipal council; (g) "Municipalities Act" means the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920).
3. Determination of term of office and election of councillors
Notwithstanding anything contained in the Corporation Act or the Municipalities Act or the Extension of Term of Office Act— (a) the term of office of the councillors of any municipal authority as a whole which has been extended by section 3 of the Extension of Term of Office Act shall expire on such date as the Government may, by notification, specify in this behalf: Provided that the date specified in such notification may, for sufficient cause, be cancelled or modified by the Government, by notification; (b) the next ordinary elections to fill ordinary vacancies in the office of councillors shall be held to such municipal authority and the newly elected councillors may come into office on such date as may be fixed by the Government, by notification, but such date shall be subsequent to the date of expiry of the term of office of the councillors specified under clause (a): Provided that the date so fixed may, from time to time, be advanced or postponed to another date, by the Government, by notification; (c) the term of office of the councillors elected under clause (b) shall expire at noon on the 1st day of November immediately succeeding the expiry of five years from the date on which such councillors come into office: Provided that the Government may, from time to time, by notification, for sufficient cause, direct that the term of office of such councillors as a whole be extended or reduced by such period as may be specified in the notification but such period or periods shall not, in the aggregate, exceed two years; (d) elections may be held to any municipal authority to be newly constituted or reconstituted under the Municipalities Act and the provisions of clauses (b) and (c) shall, so far as may be, apply to the first elections to be so held; (e) casual election may be held to fill any casual vacancy in the office of a councillor of a municipal authority occurring after the holding of elections referred to in clause (b) or clause (d), as the case may be.
4. Special provision for the election of chairman
(i) the election of the chairman of the council shall be held after the date on which the newly elected councillors of a municipal council under the Corporation Act come into office independently of the first meeting of the council; (ii) the election of chairman of the central committee or the corporation accounts committee or the licence appeals committee shall be held at the first meeting of such committee.
5. Power to remove difficulties
If any difficulty arises in giving effect to the provisions of this Act, the Government, as the occasion may require, may, by order do anything which appears to them necessary for the purpose of removing the difficulty.
6. Commencement of notifications and placing of notifications before Legislature
(1) 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 published. (2) Every notification issued under this Act shall, as soon as possible after it is issued, be placed on the table of both Houses of the Legislature, and if, before the expiry of the session in which it is so placed or the next session, both Houses agree in making any modification in any such notification or both Houses agree that the notification should not be issued, the notification shall thereafter have effect only in such 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 notification.
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