Chapter II CONSTITUTION OF MUNICIPAL AUTHORITIES

1. (1) There shall be a corporation charged with the The municipal Municipal Government of the City of Madurai to be known authorities and as the municipal corporation of Madurai. their incorpora- t ion.
2. (2) The corporation shall by the said name be a body corporate, shall have perpetual successian and a common seal md subject to any restrictions or qualifications imposed by this Act or any other enactment, shall be'trested with the capacity of suing or being sued in its corporate name, of acquiriug, holding or transferring property movable or immovable. of entering into contracts and of doing all thtvfcr recrs~a~y fcr the purpose of its constitution.

Bar of application of Tamil Nadu Act V of 1920.

1. (1) The provisions of sub-sections (2) and (3) of section 3 shall, with effect on and from the date of commencement of this Act, cease to apply to the Madurai municipality.
2. (2) Sti ch cesser shall not affect-
   • (a) the previous oper~ticn of the Tamil Nsdt istrict Municipalities Act, 1920 (Tamil Nadu Act V c f 1920) in respect of the City,
   • (b) any penalty, forfeiture or punishment incurred in respect of any offence committed against the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920);
   • (c) any investigation, legal proceedings or remedy, in respect of such penalty, forfeiture or punishment, and any such investigation, legal proceedings or remedy, in respect of such penalty, forfeiture or punishment may be instituted, continued or enforced as if this Act had not been passed.
3. (3) Notwithstanding anything contained in sub-section (1), all notifications, rules, by-laws, regulations, orders, directions, and powers made, issued or conferred under the Tamil Nadu District Municipd ities Act, 1920 (Tamil Nadu Act V of 1920), and in force on the date of commencement of this Act shall, so far a; they are not inconsistent with the provisions of this Act, continue in force until they ape replaoed by the notifications, rules, by-laws, regulations, orders, directions, or powers made, issued, or conferrzd under this Act.

1. (1) The Government shall, from time to time, by notification, determine the total number of councillors to be elected to the council: Provided that the total number of councillors shall not be less than forty-eight.
2. (2) Subject to the provisions of sub-section (3), all councillors of the council shall be elected in the manner laid down in this Act.
3. (3) Among the elected members of the council there shall be-
   • (a) five persons (not being women) belonging to Scheduled Castes or Scheduled Tribes; and
   • (b) five persons who are women as councillors: Provided that if the requisite number of persons under any of the clauses (a) or (b) of this sub-section, is not elected to the council, then, the elected members of the council shall, in accordance with such procedure as may be prescribed, co-opt to itself as councillors, the required number of persons specified in clause (a) or clause (b) : Provided further that no person shall be co-opted under this sub-section unless such person is eligible for being elected as a councillor from any one of the wards:

Constitution of standing committees

1. (1) There shall be six standing committees for dealing respectively with-
2. (1) Accounts,
3. (2) Health,
4. (3) Education,
5. (4) Taxation and Finance,
6. (5) Town Planning,
7. (6) Works.
8. (2) Wherever in this Act the expression "the standing committee" occurs, it shall, unless the context otherwise requires, be deemed to refer to the particular standing committee to which the power or duty in connection with which the expression is used, is assigned by this Act or by regulations made by the council; and all references to the standing committee in any other law shall be deemed to refer to the particular standing committee to which the power or duty conferred or imposed by such law is assigned by this Act or by regulations made by the council.

1. (1) Every standing committee shall consist of five members elected by the council from among its councillors by a majority of the councillors present and voting in accordance with such procedure as may be prescribed; and the chairman of such standing committee shall be elected by such standing committee from among its members on such date as may be notified by the Government in this behalf in accordance with such procedure as may be prescribed: Provided that no councillor shall be a member of more than one standing committee at the same time.
2. (2) A councillor elected to be a member of a standing committee shall hold office as such, unless he sooner resigns the same, till his term of office as councillor is in any manner determined.
3. (3) When a vacancy occurs in the office of member of a standing committee, the council shall fill up the vacancy as soon as may be, by the election of another councillor.

The term of office of chairman of any standing committee constituted under this Act shall be only one year from the date of his election as such chairman; and an outgoing chairman of any standing committee shall not be eligible for re-election.

1. (1) Subject to the provisions of this Act, the rules made thereunder and subject to the previous sanction of the Government, the council shall, by regulations for the purpose, determine the powers and duties of the standing committees.
2. (2) The council shall sanction such staff as may reasonably be required by each standing committee, to discharge its functions.
3. (3) The standing committee on accounts in addition to the powers and duties assigned to it under such regulations,-
   • (a) shall supervise the utilisation of the budget grants;
   • (b) shall have access to the accounts of the corporation, and may require the commissioner to furnish any explanation which it considers to be necessary as to the receipts and expenditure of the municipal fund;
   • (c) may conduct a monthly audit of the municipal accounts and shall be bound to check the monthly abstract of receipts and disbursements for the preceding month as furnished by the commissioner; and
   • (d) may write off any tax, fee or other amount whatsoever due to the corporation, whether under a contract or otherwise, or any sum payable in connexion therewith, if it appears to the committee that such tax, fee, amount or sum is irrecoverable.
4. (4) The standing committee on taxation and finance shall, in addition to the duties and powers assigned to it under the regulations referred to in sub-section (1), be also entitled to exercise the powers referred to in clause (b) of sub-section (3).

The council may, with the previous sanction of the Government, constitute additional standing committees for such purposes as the council think fit.

1. (1) There shall be a commissioner, a deputy commissioner and a personal assistant to the commissioner.
2. (2) The commissioner, the deputy commissioner and the personal assistant to the commissioner shall be appointed by the Government.
3. (3) The commissioner, the deputy commissioner and the personal assistant to the commissioner shall be whole-time officers of the corporation and shall not undertake any work unconnected with their offices without the sanction of the council and the Government.
4. (4) The Government may recover from the corporation, the whole of the salary and allowances paid to the commissioner, the deputy commissioner and the personal assistant to the commissioner appointed under sub-section (2) and such contribution towards their leave allowances, pension and provident fund as the Government may, by general or special order, determine.
5. (5) Subject to the provisions of section 12, the Government shall have power to regulate the methods of recruitment, conditions of service, pay and allowances and discipline and conduct of the commissioner, the deputy commissioner and the personal assistant to the commissioner appointed under sub-section (2).

The Government may, at any time, withdraw the commissioner from office and shall do so if such withdrawal is recommended by a resolution of the council passed at a special meeting called for the purpose and supported by the votes of such number of councillors as shall constitute not less than two-thirds of the sanctioned strength of the council.

1. (1) Subject, whenever it is hereinafter expressly directed, to the sanction of the council or the standing committee, as the case may be, and subject to all other restrictions, limitations and conditions as may be prescribed or as are hereinafter imposed in this Act, the executive power for the purpose of carrying out the provisions of this Act shall be vested in the commissioner.
2. (2) The commissioner may, without the sanction of the council, incur petty contingent expenditure incidental to the municipal administration, not exceeding five hundred rupees in each case: Provided that-
   • (a) provision to meet the expenditure is available under the relevant head of account in the budget framed by the council, with the modifications, if any, made therein by the Government, and
   • (b) the commissioner shall report any expenditure incurred under this sub-section and the reasons therefor to the council at its next meeting.
3. (3) Subject to the provisions of sub-section (1), the commissioner and the deputy commissioner shall perform all the duties and exercise all the powers, specifically imposed or conferred on the commissioner or the deputy commissioner, as the case may be, under this Act.

The commissioner shall be responsible for the custody of all the records of the corporation including all papers and documents connected with the proceedings of the council, the standing committees, and other committees and shall arrange for the performance of such duties relating to the proceedings of the said bodies as they may respectively impose.

The commissioner may in cases of emergency, direct the execution of any work or the doing of any act which would ordinarily require the sanction of any municipal authority and the immediate execution or doing of which is, in his opinion, necessary for the service or safety of the public and may direct that the expense of executing the work or of doing the act shall be paid from the municipal fund.

Salary of commissioner, deputy commissioner and personal assistant to the commissioner.

Service regulations of commissioner, deputy commissioner and personal assistant to the commissioner.

Delegation of commissioner's power to the deputy commissioner or to the holder of any municipal office.

Reservation of control in respect of powers delegated.

Delegation of commissioner's extraordinary powers.

1. (1) In any case in which it is provided by this Act or any other law that the commissioner may take action subject to the approval, sanction, consent or concurrence of a standing committee, the committee may, by resolution in writing, authorise him to take action in anticipation of its approval, sanction, consent or concurrence subject to such conditions

Functions of council.

1. (1) The standing committees and the commissioner shall be bound to give effect to every resolution or order of the council unless such resolution or order is cancelled in whole or in part by the Government.
2. (2) If in the opinion of the commissioner any resolution or order of the council or a committee constituted under this Act contravenes any provision of this or any other Act or of any rule, notification, regulation or by-law made or issued under this or any other Act or any order passed by the Government, or if there is no provision in the budget of the council authorising the doing of any action contemplated in such resolution or order, or if the doing of any such action contemplated in such resolution or order involves expenditure in excess of the amount provided for in the budget of the council, or if there would be any miscarriage of justice in the implementation of such resolution or order relating to corporation establishment, he shall within a period of thirty days from the date of passing of the resolution or order or such further period not exceeding fifteen days, as the Government may, by general or special order, specify from time to time, refer the matter to the Government for orders, and inform the council or the committee, as the case may be, of the action taken by him at its next meeting and until the orders of the Government on such reference are received, the commissioner shall not be bound to give effect to the resolution or order.

1. (1) Any councillor may call the attention of the proper authority to any neglect in the execution of municipal work, to any waste of municipal property or to the wants of any locality, and may suggest any improvements which he considers desirable.
2. (2) Every councillor shall have the right to interpellatte the Mayor on matters connected with the municipal administration subject to such regulations as may be framed by the council.
3. (3) Every councillor shall have access during office hours to the records of the corporation after giving due notice to the commissioner, provided that the commissioner may for reasons given in writing forbid such access.

Mayor, Deputy Mayor, or councillor not to receive remuneration Neither the Mayor nor the Deputy Mayor, nor any councillor shall receive or be paid, from the funds at the disposal of or under the control of the corporation, any salary or other remuneration for services rendered by him in any capacity whatsoever:

Provided that nothing in this section shall apply to the payment of any conveyance allowance or travelling allowance to the Mayor or the Deputy Mayor or any councillor by the corporation at such rates as may be prescribed.

1. (1) The Council shall, at its first meeting after each ordinary election to the Council, and at its first meeting after the expiry of two years thereafter—
   • (i) elect one of its members to be the Mayor, and
   • (ii) elect one of its members other than the Mayor to be the Deputy Mayor.
2. (2) A Deputy Mayor on being elected as Mayor shall cease to be the Deputy Mayor.

Notwithstanding anything contained in section 29, or in any other provision of this Act or in Schedule VII, during the period of extension of the term of office of the councillors by section 5 of the Madurai City Municipal Corporation (Amendment and Extension of Term of Office) Act, 1971 (Tamil Nadu Act 1 of 1972), or by any other law, the council shall elect on such date as may be notified by the Government in this behalf—

1. (a) one of its members to be the Mayor, and
2. (b) one of its members other than the Mayor to be the Deputy Mayor.

1. (1) The Mayor or Deputy Mayor shall be entitled to hold office for a period of two years from the date of his election and the Mayor or Deputy Mayor shall hold office as Mayor or Deputy Mayor until the election of his successor provided that in the meantime he does not cease to be a councillor: Provided that when there is ordinary election, the Mayor or Deputy Mayor holding office on the date of the election shall be up to the date of the election of Mayor or Deputy Mayor, as the case may be, notwithstanding that such term is exceeded: Provided further that in the event of any vacancy in the office of Mayor or Deputy Mayor, the council shall at its next meeting elect a successor, who shall be entitled to hold office as such for the remainder of the period so long as the person in whose place he is elected would have been entitled to hold office if the vacancy had not occurred.

An outgoing Mayor or Deputy Mayor shall not be eligible for re-election as Mayor or Deputy Mayor, as the case may be,—

1. (i) in cases falling under section 29, during the period up to the next ordinary election, and
2. (ii) in cases of extension referred to in section 29A, during the remainder of the period of such extension.

The council and the standing committees shall observe the procedure laid down in Schedule I and may make supplementary regulations, not inconsistent therewith, or with other provisions of this Act or any rules made by the Government, for the conduct of their respective proceedings and also for the maintenance of order at their meetings.

Explanation.—Any supplementary regulation made under this section shall, if it is inconsistent with the provisions of any rule made subsequently, become void to the extent of such inconsistency.

1. (1) Every meeting of the council shall be presided over by the Mayor, in his absence by the Deputy Mayor and in the absence of both the Mayor and the Deputy Mayor, by a councillor chosen by the meeting to preside for the occasion.
2. (2) Every meeting of a standing committee shall be presided over by its chairman and in his absence by a member thereof chosen by the meeting to preside for the occasion.
3. (3) The Mayor, the Deputy Mayor, the councillor or the chairman, as the case may be, presiding at a meeting of the council or committee shall preserve order and shall decide all points of order and procedure arising at or in connection with meetings. There shall be no discussion on any point of order and the decision of the Mayor, the Deputy Mayor, the councillor or the chairman thereon, shall, save as is otherwise expressly provided in this Act, be final.
4. (4) The Deputy Mayor or councillor presiding at a meeting of the council and the member presiding at a meeting of a standing committee shall for that meeting and during the period that he presides over it have all the powers and be subject to all the obligations of the Mayor or the chairman, as the case may be.
5. (5) The Mayor, the Deputy Mayor or the councillor presiding at a meeting of the council may direct any councillor whose conduct is in his opinion grossly disorderly to withdraw immediately from the meeting and any councillor so ordered to withdraw shall do so forthwith and absent himself during the remainder of the day's meeting. If such councillor refuses to withdraw, the Mayor, the Deputy Mayor or the councillor presiding at the meeting may order his removal by force.

Commissioner and the deputy commissioner when to attend meetings, etc

1. (1) The commissioner and the deputy commissioner shall have the right to attend the meetings of the council and of any standing committee or other committee when constituted under this Act and to take part in the discussion but shall not have the right to move any resolution or to vote.
2. (2) The commissioner or the deputy commissioner or both of them shall attend any meeting of the council or of any standing committee or other committee constituted under this Act if required to do so by the Mayor or the chairman of the committee, as the case may be.

Councillors to abstain from taking part in discussion and voting on questions in which they are pecuniarily interested.

The Mayor may resign his office by giving notice in writing to the council; and the Deputy Mayor or any councillor other than the Mayor or any member or chairman of a standing committee or other committee may resign his office by giving notice in writing to the Mayor.

Prerogative of the Mayor.

Mayor to be member of all committers.

The functions of Deputy Mayor.

A. District Collector to perform functions of a Mayor.—(1) Notwithstanding anything contained in this Act, when the office of Mayor is vacant or he has been continuously absent from the City for more than fifteen days or is incapacitated and the office of the Deputy Mayor is also vacant or if the Deputy Mayor is also absent as aforesaid or is incapacitated, the District Collector shall exercise the powers and perform the functions of the Mayor, until a new Mayor is elected or the Mayor returns to the City or recovers from his incapacity, as the case may be.

Submission of administration report to Government.

Government's power to call for records 42. The Government may at any time require the council or the commissioner—

1. (a) to produce any record, correspondence, plan or other document;
2. (b) to furnish any return, plan, estimate, statement, account or statistics;
3. (c) to furnish or obtain any report.

The Government may depute any oEcer to inspect or exarninz any municipal department,officr, service, work or thing and to report thereon ; and any officer so deputed may, for the purposes of such inspection or examination, exercise all the powers conferry by section 42.

Table of Contents entry: "45. Government's power to appoint a person to take action in default at the expense of corporation"

' Submission of copies of proceedings, resolutio~s and b+lawr to Government.

47.

Government's power to dissolve or supersede or reconstitute the council Government's power to dissolve or supersaje or reconstitug thc council.

A.

Appointment of judicial officer to exercise and perform the functions of the Taxation Appeals committee B. 4ppointment of J 1dll:ial officer to exercise and hnctions of the ? axation Appeals committee.