The Tiruchirappalli City Municipalities Corporation Act, 1994
The Tiruchirappalli City Municipalities Corporation Act, 1994
1. Short title, extent and commencement
- (2) It extends to the City of Tiruchirappa Ili.
- (3) It shallcome in to force on such date, as the Government may, by aotification, appoint.
2. Definitions
In this Act, unless the context otherwise requires,--
- (c) " Council" means the Municipzt Council of Tiruchirappa lli ; (4 "date of the commencement of this Act" means the date appointed land& sub-section
- (3) of section 1 ;
- (e) " Government" means the State Government ;
- (f) "Municipality" rn:ans the ~iruci~ira ppalli Municipality ;
3. Amendment of section 375
In section 375 of the Tamil Nadu District ~unici~alitie~, Act, 1920, in sub- section (2), for the expression "only for six months from the date of the commen- cerncnt of the Tamil Nadu District Municipalities (Amendment) Act, 1994", the expression "up to the 31st day of December 1995" shall be substituted.
4. Authorities
Authorities.
- (1) a council ;
- (2) a standing committee ;
- (3) a Commissioner ; and
- (4) a wards committee.
5. Constitution of council
- (1) Save as otherwise provided in sub-section (2), the council shall consist of such number of councillors elected in the manner laid down in this Act as may bc fixed by the Government, by notification, from time to time, so, however, that the total number of counciliors of the council shall not exceed seventy-two at any time.
- (2) The following persons shall also be represented in the council, namely :-
- (a) not more than two persons who are not less than twcnty-five years of age and who have special knowledge or experience in municipal administration, to be nominated by the Government : Provided that the rcrson nominated under this clause shall not have the rigbt to vote in the meetings of the council ;
- (b) the members of the House of the People representing constituencies which camprlse wi~oiiy or partly the area of the corporation and the n~embe~s of the Councrl of States registered as electors within the area of the corporation ;
- (c) as nearly as possible on:-fifth of the members of the State Legislative Assembly representing coilstituencies which comprise wholly or partly the iuca of tho corporation to be nominated by the Speaker of the Legislative Assembly by rotation every year : Provided that while nominating such members by rotation, the Spaker of the. Legislative Assembly, shall ensure that as "far as possible all the members represent- ing constituencies wbich comprise wholly or partly the area of the oorpomtioh: are given an opportunity of being represented in the council ~.t .tat once durbg the duration of the council ;
- (d) the Chairperson of th.: committee, if 'any, constituted and it they ere not councillors.
- (3) Seats shall be reserved for the persons belonging to the Scheduled- Castes and the Scheduled Tribes in the council and the number of seats so reserv&- shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in the council as the population of the Scheduled. Castes in the City or of the Scheduled Tribes in the City bears to the total population of the City : Provided that for the first election to be held immediately after the date of the- commencement of this Act, the provisional population figures of the City as published in relation to 1991 census shall be deemed to be the population of the City as ascertained in that census.
- (4) Seats shall be reserved for women belonging to the Scheduled Castes. arid the Scheduled Tribes, from among the seats reserved for the persons belonging to the Scheduled Castes ancl the Scheduled Tribes, which shall not be less than one-third of the total number of seats reserved for the persons belonging to the Sc:heduled Castes and the Scheduled Tribes.
- (5) Seats shall be reserved for women in the counkil and the number of seats reserved for women shail not be less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes). of the total number of seats in tile council.
- (6) The reservation of seats under sub-sections
- (3) and
- (4) shall cease to have effect on the expiry of the period specified in Article 334 of the Constitution,
6. Amendment of section 10
In section 10 of the Tiruchirappalli City Municipal Corporation Act, 1994,-
- (1) in sub-section (2), for the expression "within a period of six months from the date of the commencement of the Tamil Nadu Municipal Corporation Laws (Amendment and Special Provision) Act, 1994", the expression " on or before the 31st day of December 1995" shall be substituted ;
- (2) in sub-section (5), for the words "only for six months from the date of the commencement of this Act", the expression "up to the 31st day of December 1995" shall be substituted.
7. Amendment of section 10
In section 10 of the Tirunelveli city Municipal Corporation Act, 1994,-
- (1) in sub-section (2), for the expression "within a period of six months from the date of the commencement of the Tamil Nadu Municipal Corporation Laws (Amendment and Special Provision) Act, 1994", the expression " on or before the 31st day of December 1995" shall be substituted ;
- (2) in sub-section (5), for the words "only for six months from the date of this Act", the expression "up to the 31st day of December 1995 shall be substituted."
8. Application of the 1981 Act to the corporation
- (1) Save as otherwise expressly provided herein, ail the provisions of the 1981 Act, including the provisions relating to the levy and collection of any tax or fee are hereby extepded to and shall apply, mutatis mutandis to the corporaticln and the 1981 Act shall, in relation to the corporation be read and construed as if the provisions of this Act had formed part of the 1981 Act.
9. Transitional provisions
- (1) All property, all rights of whatever kind, used, enjoyed or possessed by, and all interests of whatever kind owned by, or vested in, or held in trust by or for the council, with all rights of whatever kind used, enjoyed or possessed by the said council, as well as all liabilities legally subsisting against the said council, shall, on and from the date of the commencement of this Act and subject to such directions as the Government may, by general or special order, give in this behalf, vest with the corporation.
- (2) All arrears of taxes or other payments by way of composition for a tax or due for expenses or compensation, or otherwise due to the said council on the date of such commencement may be recovered as if they had accrued to the corporation and may be recovered as if the said arrears or payments had become due, under the provisions of this Act.
- (3) All taxes, fees and duties, which immediately before the date of the commencement of this Act, were being levied by the said council, shall be deemed to have been levied by the corporation under the provisions of this Act and shall continue to be in force accordingly until such taxes, fees and duties are revised, cancelled or superseded by anything done or any action taken under this Act.
- (4) All proceedings taken by, or against, the council or authority or any person under the District Municipalities Act, may be continued by, or against, the corporation, authority or person as if the said proceedings had been commenced under the provisions of this Act.
- (5) Any action taken under the District Municipalities Act, by any authority before the date of such commencement shall be deemed to have been taken by the authority competent to take such action under this Act as if this Act had then been in force.
10. Transition provisions
- (1) the council,
- (2) the standing committee,
- (3) the Commissioner, and
- (4) the wards committee.
- (c) of the commissioner, until a Commissioner is appointed by the Government and such officer may, if the Government so direct, receive remuneration for his services from the municipal fund.
- (4) Until a new Special Officer is appointed by the Government under sub-section (1), the Special Officer of the municipality functioning immediately before the date of the commencement of this Act shall be deemed to be the Special Officer of the corporation and he shall exercise the powers and perform the duties and discharge the functions as those exercised, performed and discharged by the Special officer appointed under sub-section (1).
11. Power to make rules
- (1) The Government may make rules for carrying out the purposes of this Act.
- (b) 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.
12. Amendment of section 5
In section 5 of the Tiruchirappalli Corporation Act,-
- (1) after sub-section (4), the following sub-sections shall be inserted, namely :- (4-A) Seats shall be reserved for the persons belonging to the Backward Classes of citizens in the council and the number of seats so reserved shall be, as nearly as may be, fifty per cent of the total number of seats to be filled by direct election in the council. (4-B) Seats shall be reserved for women belonging to the Backward Classes of citizens from among the seats reserved for the persons belonging to the Backward Classes of citizens which shall not be less than one-third of the total number of seats reserved for the persons belonging to the Backward Classes of citizens;
- (2) in sub-section (5), for the expression "(including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes)", the expression "(including the number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes of citizens)" shall be substituted.
13. Amendment of section 2
In section 2 of the Tirunelveli City Municipal Corporation Act, 1994 (hereinafter in this Part referred to as the Tirunelveli Corporation Act), for clause (a), the following clause shall be substituted, namely :-
"Backward Classes of citizens" shall have the same meaning as defined in clause
- (a) of section 3 of the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of appointments or posts in the Services under the State) Act, 1993;
- (aa) 'City of Tirunelveli' or 'City' means the local area comprised in the Tirunelveli Municipality and includes local area which after the date of the commencement of this Act, is included in the City but does not include any local area which after such date of the commencement is excluded from the City".
14. Amendment of section 5
In section 5 of the Tirunelveli Corporation Act,-
- (1) after sub-section (4), the following sub-sections shall be inserted, namely :- (4-A) Seats shall be reserved for the persons belonging to the Backward Classes of citizens in the Council and the number of seats so reserved shall be, as nearly as may be, fifty per cent of the total number of seats to be filled by direct election in the Council. (4-B) Seats shall be reserved for women belonging to the Backward Classes of citizens from among the seats reserved for the persons belonging to the Backward Classes of citizens, which shall not be less than one-third of the total number of seats reserved for the persons belonging to the Backward Classes of citizens.";
- (2) in sub-section (5), for the expression "(including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes)", the expression "(including the number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes of citizens)" shall be substituted.
15. Amendment of section 2
In section 2 of the Salem City Municipal Corporation Act, 1994 (hereinafter in this Part referred to as the Salem Corporation Act), for clause (a), the following clauses shall be substituted, namely :-
- (a) "Backward Classes of citizens" shall have the same meaning as defined in clause
- (a) of section 3 of the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of appointments or posts in the Services under the State) Act, 1993;
- (aa) 'City of Salem' or 'City' means the local area comprised in the Salem municipality and includes any local area which after the date of the commencement of this Act, is included in the City but does not include any local area which after such date of the commencement is excluded from the City".
16. Amendment of section 5
In section 5 of the Salem Corporation Act,-
- (1) after subsection (4), the following sub-sections shall be inserted, namely:- (4-A) Seats shall be reserved for the persons belonging to the Backward Classes of citizens in the Council and the number of seats so reserved shall be, as nearly as may be, fifty per cent of the total number of seats to be filled by direct election in the Council. (4-B) Seats shall be reserved for women belonging to the Backward Classes of citizens from among the seats reserved for the persons belonging to the Backward Classes of citizens which shall not be less than one-third of the total number of seats reserved for the persons belonging to the Backward Classes of citizens.";
- (2) in sub-section (5), for the expression "(including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes)", the expression "(including the number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes of citizens)" shall be substituted.
17. Amendment of section 121
In section 80 of the 1919 Act, for sub-section (2), the following sub-section shall be substituted, namely:-
- (2) No contract involving an expenditure exceeding the monetary limit prescribed under section 78 shall be made by the municipal authorities of the corporation otherwise than as may be prescribed."
18. Substitution of section 82
For section 82 of the 1919 Act, the following section shall be substituted, namely:- "82. Invitation of tenders:-(1) Atleast seven days before entering into any contract for the execution of any work or the supply of any materials or goods which will involve an expenditure exceeding ten thousand rupees the Commissioner shall give notice by advertisement inviting tenders for such contract.
- (2) The Commissioner on receipt of the tenders in respect of any contract made in pursuance of the notice given under sub-section
- (1) may, subject to the provisions of section 80 and the rules made thereunder, accept the tender after following the procedure as may be prescribed."
19. Amendment of section 85
In section 85 of the 1919 Act, in sub-section (3), for clause (c), the following clause shall be substituted, namely:- "(c) Appointments to all posts included in Class III and in Class IV and to all other posts not included shall be made by the appointments Committee consisting of the Mayor, the Commissioner and two councillors elected by the council, which shall be established for the corporation subject to the by-laws if any, made by the council."
20. Amendment of section
In section 137-B of the 1919 Act, for the expression "three years", the expression "six years" shall be substituted.
21. Amendment of section 5
In section 5 of the Madurai City Municipal Corporation Act, 1971 (hereinafter in this part referred to as the 1971 Act), in sub-section (2), clause
- (a) shall be omitted.
22. Amendment of section
In section 5-A of the 1971 Act, in sub-section (2), clause
- (b) shall be omitted.
23. Amendment of section 6
In section 6 of the 1971 Act, in sub-section (1), for the expression "not exceeding three", the expression "not exceeding six" shall be substituted.
24. Amendment of section 30
In section 30 of the 1971 Act, for sub-section (3), the following sub-sections shall be substituted, namely :-
- (3) The Deputy Mayor shall hold office for a period of five years from the date of his election and he shall continue as such Deputy Mayor, provided that in the meantime he does not cease to be a councillor.
- (4) Any casual vacancy in the office of the Deputy Mayor shall be filled by a fresh election held in accordance with such procedure as may be prescribed and a person, elected as Deputy Mayor in any such vacancy shall enter upon office forthwith and hold office only so long as the person in whose place he is elected would have been entitled to hold office, if the vacancy had not occurred."
25. Insertion of new section
After section 38 of the 1971 Act, the following section shall be inserted, namely :- "38-A. Entrustment of additional functions to Mayor.-- The Government may, subject to the provisions of this Act and the rules made thereunder, by notification, entrust to the Mayor such additional functions as it may deem necessary for carrying out the purposes of this Act."
26. Amendment of section 59
In section 59 of the 1971 Act,-
- (1) in sub-section (1),-
- (i) the expression "and every person nominated under clause
- (a) of sub-section
- (2) of section 5" shall be omitted:
- (ii) for the expression : "elected as a councillor of/ nominated under clause
- (a) of sub-section
- (2) of section 5 as a representative in", the expression "elected as a councillor of" shall be substituted:
- (2) in sub-section (2), the expression "or sits as a representative nominated under clause
- (a) of sub-section
- (2) of section 5" shall be omitted.
27. Substitution of section 97
For section 97 of the 1971 Act, following section shall be substituted, namely :- "97. Powers of several authorities to sanction estimates.-The monetary limit for sanction of any estimate by several municipal authorities of the corporation shall be such as may be prescribed and such monetary limit shall not exceed twenty five lakhs of rupees".
28. Omission of section 98
Section 98 of the 1971 Act, shall be omitted.
29. Amendment of section 99
In section 99 of the 1971 Act, for sub-section (2), the following sub-section shall be substituted, namely:-
- (2) No contract involving an expenditure exceeding the monetary limit prescribed under section 97 shall be made by the municipal authorities of the corporation otherwise than as may be prescribed".
30. Substitution of section 101
For section 101 of the 1971 Act, the following section shall be substituted, namely :- "101. Invitation of tenders :-(1) Atleast seven days before entering into any contract for the execution of any work or the supply of any materials of goods which will involve an expenditure exceeding five thousand rupees, the Commissioner shall give notice by advertisement inviting tenders for such contract.
- (2) The Commissioner on receipt of the tenders in respect of any contract made in pursuance of the notice given under sub-section
- (1) may, subject to the provisions of section 93 and the rules made thereunder, accept the tender after following the procedure as may be prescribed".
31. Amendment of section 168
In section 168 of the 1971 Act, for the expression "three years" the expression "six years" shall be substituted.
32. Amendment of section 5
In section 5 of the Coimbatore City Municipal Corporation Act, 1981 (hereinafter in this Part referred to as the 1981 Act), in sub-section (2), clause
- (a) shall be omitted.
33. Amendment of section
In section 5-A of the 1981 Act, in sub-section (2), clause
- (b) shall be omitted.
34. Amendment of section 6
In section 6 of the 1981 Act, in sub-section (1), for the expression "not exceeding three" the expression "not exceeding six" shall be substituted.
35. Amendment of section 30
In section 30 of the 1981 Act, for sub-section (3), the following sub-sections shall be substituted, namely :-
- (3) The Deputy Mayor shall hold office for a period of five years from the date of his election and he shall continue as such Deputy Mayor provided that in the mean time he does not cease to be a councillor.
- (4) Any casual vacany in the office of the Deputy Mayor shall be filled by a fresh election held in accordance with such procedure as may be prescribed and a person elected as Deputy Mayor in any such vacancy shall enter upon office forthwith and hold office only so long as the person in whose place he is elected would have beeen entitle to hold office, if the vacancy had not occurred.
36. Insertion of new section
In section 39 of the 1981 Act, the following section shall be inserted, namely :- "39-A. Entrustment of additional functions to Mayor:-The Government may subject to the provisions of this Act and the rules made thereunder by notifcation entrust to the Mayor such additional functions as it may deem necessary for carrying out the purposes of this Act".
37. Amendment of section 61
In section 61 of the 1981 Act,-
- (1) in sub-section (1),-
- (i) the expression "and every person nominated under clause
- (a) of sub-section
- (2) of section 5" shall be omitted:
- (ii) for the expression- "elected as a councillor of/ nominated under clause
- (a) of sub-section
- (2) of section 5 as a representative in" the expression "elected as a councillor of" shall be substituted:
- (2) in sub-section (2), the expression "or sits as at representative nominated under clause
- (a) of sub-section
- (2) of section 5" shall be omitted.
38. Substitution of section 99
For section 99 of the 1981 Act, the following section shall be substituted namely :- "99. Powers of several authorities to sanction estimates.-The monetary limit for sanction of any estimate by several municipal authorities of the corporations shall be such as may be prescribed and such monetary limit shall not exceed twenty-five lakhs of rupees."
39. Omission of section 100
Section 100 of the 1981 Act shall be omitted.
40. Amendment of section 101
In section 101 of the 1981 Act for sub-section (2), the following sub-section shall be substituted namely.- "(2) No contract involving an ependiture exceeding the monetary limit prescribed under section 99 shall be made by the minicipal authorites of the corporation otherwise than as may be prescribed.".
41. Substitution of section 103
For section 103 of the 1981 Act, the following section shall be substituted, namely :- "103 Invitation of tenders.-Atleast sevene days bfol-e entering into any contract for the execution of any work or the supply of any materials or goods, which will involve an expenditure exceeding five thousand rupees, the Commissioner shall give notice by advertisment inviting tenders for such contract.
- (2) The Commissioner on receipt of the tenders in lespect of any contract made in pursuance of the notice gi$n under sub-section
- (1) may subject to the provisions of section 101 and thewles made there~mder, accept the tender after the following procedure as may be prescribed."
42. Amendment of section 168
In section 168 of the 1981 Act, for the expression "three years", the expression "six years" shall be substituted,
43. Amendment of section 5
In section 5 of the Tiruchirappalli City Municipal Corporation Act, 1994, in sub-section (2), clause
- (a) shall be omitted,
44. Amendment of section 5
In section 5 of the Tirunelveli City Municipal Corporation Act, 1994, in sub-section (2), clause
- (a) shall be omitted,
45. Amendment of section 5
In section 5 of the Salem City Municipal Corporation Act, 1994, in sub section (2), clause
- (a) shall be omitted.
46. Repeal and savings
- (1) The Tamil Nadu Municipal Corporation Laws (Amendment) Ordinance 1996, the Tamil Nadu Municipal Laws (Fifth Amendment) Ordinance, 1996 and the Tamil Nadu Municipal Laws (Sixth Amendment) Ordinance, 1996 are hereby repealed.
- (2) Notwithstanding the repeal under sub-section (1), anything done or any Action taken under the Principal Act, as amended by the Tamil Nadu Municipal Corporation Lass (Amendment) Ordinance, 1996, the Tamil Nadu Municipal Laws (Fifth Amendment) Ordinance, 1996 and the Tamil Nadu Municipal Laws (Sixth Amendment) Ordinance, 1996, with effect from the 18th October 1996, 14th November 1996 and 27th December 1996, as the case may be, shall be deemed to have been done or taken under the Principal Act, as amended by this Act.
IX. Omission of Schedule
In the 1919 Act, Schedules IX and X shall be omitted.
X. Urban Planning Regulations
In Schedule X of the 1920 Act, after item 15 and the entries relating thereto, the following items and entries shall be added, namely:- "16. Urban Planning including Town Planning. 17. Regulation of land use and construction of buildings. 18. Fire Services.".
PDF: pending for this language.
Omission of Schedule
In the 1919 Act, Schedules IX and X shall be omitted.
Urban Planning Regulations
In Schedule X of the 1920 Act, after item 15 and the entries relating thereto, the following items and entries shall be added, namely:- "16. Urban Planning including Town Planning. 17. Regulation of land use and construction of buildings. 18. Fire Services.".