The Tamil Nadu Shorttitle Municipal Councils (Appointment of Special Officers) ~ ~ ~ e , ~ m m e n Act, 1976

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

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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-TiruvalluvarAandu)).]

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 C o ~ ~ c i l sin 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 Shorttitle Municipal Councils (Appointment of Special Officers) ~ ~ ~ e , ~ m m e n Act, 1976.

~ (2)Itshallcomeintoforceatonce.

I 2. InthisAct,unlessthecontextotherwiserequires,- Definitions.

1. (a) "councillor" shall have the meaning assigned to it in section38of the Madras City MunicipalCorpo;tition and Tamil Nadu District Municipalities (Amendment and Extension of term of office)Act, 1971 (Tamil Nad~l Act 22 of 1971) ;
2. (b) "District Municipalities Act" means the Tamil Nadu District Municipalities Act, 1920 (Zamil Nadu Act V of 1920) ;
3. (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. - *ForReasons for the enactment, see TamilNadu Government Garetf~ , Extraordinary, dated the 25th June 1976, Part IV-Section 2, Pzges 236-237. dl2 ~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 (TamilNz-duAct 22 of 19711, 30th day of the term of office of the councillors of all the Municipal June 1976- Councils in the State of TamilNadu, 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 chairmen 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 $ : r DistrictC ~ ~ ~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 Councils.Municipal and of the Committees established or constituted by or under the District Municipalities Act.
4. (b) A Special Officer may be appointed under clause (a) for one or more Municipal Councils as the State Government may, by order, specify.

1. (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 Municipalities Act, which the State Government may, by notification, specify.
2. (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 Municipal 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,"fora 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 yearand 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 613 (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 I holdGovernmentoffice forandthetheremainderpersonappointedof'[the saidin theperiodvacancyof sevenshall years and nine months]: z[Provided further that the State Government may, by notification, for sufficient cause direct that the ~ termofa SpecialOfficerbereducedbysuchperiod,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.
3. (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 section2 (ii) of the Tamil Nadu Municipal Councils (Appointment of Special Officers)Amendment ~ c t 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", '&thesaid 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 1978and 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. 8These words were substituted for the words "three months" by section 2 (iii) of the Tamil Nadu Municipal Councils (Appointment 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 (Appointment of Special Otficers) Amendment Act, 1980 flamil Nadu Act 25 of 1980)for the words "six months" which in turn were substituted for the words "three months" by section 2 (iii) of the Tamil Nadu Municipal Councils (Appo~ntmentof Special Officers) Second Amendment Act, 1979 (Tamil Nadu Act 58 of 1979), which wa~ deemed to havecomeinto 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 gublished for general information :-- ACT N o . 8 O F 1986. r ,411 -4rt -fidrllzer Ic) n~}ze?idslze Tanzil Nadu M unicipol Councils (/I pi1cinrrne17t of Sl~ecialOflice;) Act, 1976. 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) This Act may be ~alled thz Tarnil N d u Municipal Councils (i-\ppoiutme;li of Special Oficers) '.

Amendment Act, 1986.

1. (2) It shall be deemed to have Gbme into force on the 27th

A/nendwerzt of sectiolz 3, President's Act 28 of 1976.d-In ~lansc(a) of sub-section (3) of sertio~lIof ihc Tamil Nadt~Mucicipal Councils (Appointment of Special Oflicers) Act, 1976 (President's Act 25 of 1976) (hereinafter referred to as the principal Act),-

1. (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;
2. (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. .,

1. (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. (2) No~;vil!!standing such repeal, anything done or any action tal:cn under the principal Act. as amended 3y the said Ordinance, sliall 1 ; ~dccillcd to have k c c i ~dc;!?e or taken under ~ h cprincipal Act, as ;!!nenclcii Ey th's Ac!.. (.8y orcler of the Govenlor.) S. VADIVELU, Cor?i~nissiot:el.rrr?iJ Secretnry zo Govcrr~~.rent, i ' b+: Law Departrdent.