The Tirunelveli City Municipal Corporation Act, 1994

1. (1) ...
2. (2) It extends to the City of Tirunelveli.
3. (3) It shall come into force on such aate, as the Government may, by notification, appoint.

In this Act, unless the context otherwise requires,-

1. (a) " City of Tirunelveli " or " City " means the local area cornpriscd In the Tirunelveli Municipality and includes any local area which after the date of the ct3mmencernent of this Act, is included in the City but dces not include any local area which after such date of the commencement is excluded from the City;
2. (b) " Corporation " means the Municipal Corporation of Tirunelveli con- sti~utcd under section 3 :
3. (c) "Council" meaos the Municipal Council of Tirl;r.elveli ;
4. (d) "date of the conlmencement of this Act" means the date appointed under sub-section (3j of section 1.
5. (e) " Government " means the State Government ;
6. (f) "Municipality" means the Tirunelveli Municipality ;
7. (g) "Scheduled Castes" and "Scheduled Tribes" shall have the meanings, assigned to them in clauses

1. (24) and
2. (25) of Article 366 of the u

With effect on and from the date of the commencement of this Act, ma included in the Tirunelveli Municipality shall constitute the City of tirunelveli.

1. (3) The Tirunelveli Muniapaiity, f unniofhg imdi&~ ihc of the commencement of this Act, shall bo deemed to have been abol~shed from such commencement.

Tile municipal authorities charged with carrying out the provisions of this Act shall be,-

1. (1) a council ;
2. (2) a standing committee ;
3. (3) a commissioner ; and
4. (4) a wards committee.

1. (1) Save as otherwise provided in sub-section (2), the council shall consist of sucl~ numlmr of coui~cillors clcctcd in the manper laid down in t.his Act as may be &&,by the Governnlcnt by notilic;~tion, from titno to time, so, howevor, that tho total number of councillors of the . council , shall not exceed seventy-two ,- .
2. (2) The following persons shall also be represented in the council, namely :-
   • (a) not more than two persons who are not less than twenty-five years of age an6 who have special knowledge or experience in municipal adyinistration, .. . to be-~omi~sted by the Government , Provided that the persod nominated under this clause shall not have the right to vote in th~ meetings of the council ;
   • (b) the members of the House of the People representing conitituiiicin wl~icll comprise wholly or partly the area of the corporation and the memFrs of the Council of States registered as electors within the area of the corporation ;
   • (c) as nearly as possible one-13th of the members of the State Legis- lative Assembly representing constituencies which comprise wholly or partly the area of the corporation to be npminated by the Speaker of the Legislative Assembly by rotation every year: Provided that while nominating such members by rotation, the Speaker of the Legislative Assemnbly, shall ensure that as far as possible all the members represetosting constituencies whkh comprise wholly or partly the area of the corporation are given an opportunit) of being represented in the council atleast once during the duration of the council ;
   • (d) the Chair-persoa of the committee, if any, constituted and if they are not councillors.
3. (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 reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled bs direct election in the council as tae population of the Scheduled Castes in tlie City or of the Scheduled Tribe in the City
4. (4) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes, from among the seats reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes, which shall not be less than one-third of the total number of seats reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes.
5. (5) Seats shall be reserved for women in the council &nd she number of seats reserved for women shall 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 the council.
6. (6) The reservation of seats under sub-sections
7. (3) and
8. (4) shall cease to have effect on the expiry of the period specified in Article 334 of the Constitution.

1. (1) The corporation, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the said period of five years shall operate as a dissolution of the corporation.
2. (2) An election to constitute the corporation shall be completed,-
   • (a) before the expiry of its duration specified in sub-section (1); or
   • (b) before the expiration of a period of six months from the date of its dissolution: Provided that where the remainder of the period for which the dissolved corporation would have continued, is less than six months, it shall not be necessary to hold any election, under this sub-section for constituting the corporation for such period.

1. (1) Subject to the provisions of sub-sections
2. (2) and (3), the Tamil Nadu District Municipalities Act, 1920 (hereafter in this section referred to as the "District Municipalities Act") shall, with effect on and from the date of the commencement of this Act, cease to apply to the local area comprised within the City of Tirunelveli.
3. (2) Such cesser shall not affect,-
   • (a) the previous operation of the District Municipalities Act, in respect of the local area comprised within the City of Tirunelveli,
   • (b) any penalty, forfeiture or punishment incurred in respect of any offence committed against the District Municipalities Act, or
   • (c) any investigation, legal proceedings or remedy in respect of such penalty, forfeiture or punishment, and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed.
4. (3) Notwithstanding anything contained in sub-section (1), all appointments, notifications, notices, rules, bye-laws, regulations, orders, directions, licences, permissions, schemes, forms and powers, made or issued or conferred under the District Municipalities Act, and in force on the date of the commencement of this Act shall, so far as they are not inconsistent with the provisions of this Act, continue to be in force in the local area comprised within the City of Tirunelveli until they are replaced by the appointments, notifications, notices, rules, bye-laws, regulations, orders, directions, licences, permissions, schemes, forms and powers to be made or issued or conferred under this Act.

1. (1) Save as otherwise expressly provided herein, all the provisions of the 1981 Act including the provisions relating to the levy and collection of any tax or fee, are hereby extended to and shall apply mutatis mutandis to the corporation 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.
2. (2) For the purpose of facilitating the application of the provisions of the 1981 Act to the corporation, the Government may, by notification, make such adaptations and modifications of the 1981 Act and the rules and bye-laws made thereunder whether by way of repealing, amending or suspending any provision thereof, as may be necessary or expedient and thereupon, the 1981 Act and the rules made thereunder, shall apply to the corporation subject to the adaptations and modifications so made.
3. (3) Notwithstanding that no provision or insufficient provision has been made under sub-section
4. (2) for the adaptation of the provisions of the 1981 Act, or the rules and bye-laws made thereunder, any court, tribunal or authority required or empowered to enforce these provisions may, for the purpose of facilitating their application to the corporation, construe these provisions in such manner, without affecting the substance, as may be necessary or proper having regard to the matter before the court, tribunal or authority.
5. (4) In the 1981 Act as extended and applied to the City of Tirunelveli,-
   • (a) any reference to the City of Coimbatore, and Coimbatore Municipality, shall by reason of this Act, be construed as a reference to the City of Tirunelveli and Tirunelveli Municipality, respectively; and
   • (b) any reference to the Coimbatore Corporation, Corporation of Coimbatore and Municipal Corporation of Coimbatore, shall by reason of this Act, be construed as a reference to the Tirunelveli Corporation, Corporation of Tirunelveli and Municipal Corporation of Tirunelveli, respectively.

1. (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. (2) All areas 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. (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. (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. (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.
6. (6) Notwithstanding anything contained in this Act, every officer or employee who, immediately before the date of such commencement was in the service of the municipality shall, on and from the date of the commencement of this Act, be deemed to be an officer or employee of the corporation: Provided that,-
   • (a) the terms and conditions applicable to such officers and employees consequent on their absorption in the service of the corporation shall not be less favourable than those applicable to such employees immediately before the commencement, as regards pay and allowances, leave, pension, gratuity, provident fund and age of superannuation; and
   • (b) the service rendered by any such officer or other employee in the municipality upto the date of such commencement shall be deemed to be service rendered under the corporation and he shall be entitled to count that service for the purpose of increments, leave, pension, provident fund and gratuity: Provided further that any officer or other employee serving in the municipality may, by option to be exercised within such time and in such manner as may be prescribed, elect to be absorbed in the service of the corporation or to be retained in the service of the municipality constituted under section 73-A of the District Municipalities Act, or to be retrenched from the service of the municipality on such retrenchment benefits as may be prescribed.
7. (7) Any division of the Tirunelveli Municipality into wards made under the District Municipalities Act, and in force on the date of the commencement of this Act, shall be deemed to be a division of the corporation until altered.
8. (8) The electoral roll prepared for the Tirunelveli Municipality under the District Municipalities Act, and in force on the date of the commencement of this Act, shall be deemed to be the electoral roll for the corporation until a new electoral roll is prepared and published and the part of the said electoral roll relating to each ward of the municipality shall be deemed to be the list of the electoral roll for the corresponding division of the corporation.

1. (1) There shall be appointed by the Government, by notification, a Special Officer to exercise the powers, perform the duties and discharge the functions of-
2. (1) the council,
3. (2) the standing committee,
4. (3) the Commissioner, and
5. (4) the wards committee.
6. (2) The Government shall cause elections to be held to the corporation so that the newly elected councillors and the Mayor may come into office within a period of six months from the date of the commencement of this Act.
7. (3) The Special Officer shall exercise the powers, perform the duties and discharge the functions-
   • (a) of the corporation, until the elected councillors come into office;
   • (b) of the standing committee, until a standing committee is appointed by the corporation; and
   • (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.
8. (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).
9. (5) The Special Officer referred to in sub-section
10. (1) or in sub-section
11. (4) shall hold office and continue until the elected councillors come into office.

1. (1) The Government may make rules for carrying out the purposes of this Act. (2)
   • (a) All rules made under this Act shall be published in the Tamil Nadu Government Gazette and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.
   • (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 so published.
2. (3) Every rule made or notification or order issued under this Act shall as soon as possible, after it is made or issued, be placed on the table of the Legislative Assembly, and if, before the expiry of the session in which it is so placed or the next session, the Assembly makes any modification in any such rule or notification or order, or the Assembly decides that the rule or notification or order should not be made or issued, the rule or notification or order 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 rule or notification or order.

If any difficulty arises in giving effect to the provisions of this Act, the Government may, by an order published in the Tamil Nadu Government Gazette, make such provisions not inconsistent with the provisions of this Act as appear to them to be necessary or expedient for removing the difficulty:

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 clauses shall be substituted, namely :- "(a) 'Backward Classes of citizens' shall have the same meaning as defined in clause

1. (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;
2. (aa) 'City of Tirunelveli' or 'City' means the local area comprised in the Tirunelveli 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;".

In section 5 of the Tirunelveli Corporation Act,-

1. (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. (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.

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

1. (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;
2. (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;".

In section 5 of the Salem Corporation Act,-

1. (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. (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.

In section 121 of the Tamil Nadu Municipal Corporation Laws (Amendment and Special Provision) Act, 1994, for the words "two shall be reserved for women,", the words "two shall be reserved for women and such number of offices of Mayor not exceeding fifty per cent of the total number of office of the Mayor as may be prescribed, shall be reserved for the persons belonging to the Backward Classes of citizens" shall be substituted.

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.

1. (2) The Commissioner on receipt of the tenders in respect of any contract made in pursuance of the notice given under sub-section
2. (1) may, subject to the provision of section 80 and the rules made thereunder, accept the tender after following the procedure as may be prescribed.".

In section 85 of the 1919 Act, in sub-section (3), for clause (c), the following clause shall be substituted, namely:- "(c) All 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.".

In section 137-B of the 1919 Act, for the expression "three years", the expression "six years" shall be substituted.

In section 5 of the 1971 Act, in sub-section (2), clause

1. (a) shall be omitted.

In section 5-A of the 1971 Act, in sub-section (2), clause

1. (b) shall be omitted.

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.

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.

1. (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."

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.".

In section 59 of the 1971 Act,-

1. (1) in sub-section (1),-
   • (i) the expression "and every person nominated under clause
   • (a) of sub-section
2. (2) of section 5" shall be omitted:
   • (ii) for the expression :- "elected as a councillor of/ nominated under clause
   • (a) of sub-section
3. (2) of section 5 as a representative in", the expression "elected as a councillor of" shall be substituted:
4. (2) in sub-section (2), the expression "or sits as a representative nominated under clause
   • (a) of sub-section
5. (2) of section 5" shall be omitted.

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".

Section 98 of the 1971 Act, shall be omitted.

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".

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 or goods which will involve an expenditure exceeding five thousand rupees, the Commissioner shall give notice by advertisement inviting tenders for such contract.

1. (2) The Commissioner on receipt of the tenders in respect of any contract made in pursuance of the notice given under sub-section
2. (1) may, subject to the provisions of section 99 and the rules made thereunder, accept the tender after following the procedure as may be prescribed".

In section 168 of the 1971 Act, for the expression "three years" the expression "six years" shall be substituted.

In section 5 of the Coimabtore City Municipal Corporation Act, 1981 (hereinafter in this Part referred to as the 1981 Act), in sub-section (2), clause

1. (a) shall be omitted.

In section 5-A of the 1981 Act, in sub-section (2), clause

1. (b) shall be omitted.

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.

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 meantime he does not cease to be a councillor.

1. (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.".

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 notification, entrust to the Mayor such additional functions as it may deem necessary for carrying out the purposes of this Act".

In section 61 of the 1981 Act,-

1. (1) in sub-section (1),-
   • (i) the expression "and every person nominated under clause
   • (a) of sub-section
2. (2) of section 5" shall be omitted:
   • (ii) for the expression- "elected as a councillor of/ nominated under clause
   • (a) of sub-section
3. (2) of section 5 as a representative in", the expression "elected as a councillor of" shall be substituted:
4. (2) in sub-section (2), the expression "or sits as a representative nominated under clause
   • (a) of sub-section
5. (2) of section 5" shall be omitted.

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."

Section 100 of the 1981 Act shall be omitted.

In section 101 of the 1981 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 99 shall be made by the municipal authorities of the corporation otherwise than as may be prescribed.".

For section 103 of the 1981 Act, the following section shall be substituted, namely : - "103 Invitation of tenders.-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 five thousand rupees, the Commissioner shall give notice by advertisment inviting tenders for such contract.

1. (2) The Commissioner on receipt of the tenders in respect of any contract made in pursuance of the notice given under sub-section
2. (1) may subject to the provisions of section 101 and the rules made thereunder, accept the tender after following the procedure as may be prescribed."

In section 168 of the 1981 Act, for the expression "three years", the expression "six years" shall be substituted.

In section 5 of the Tirunelveli City Municipal Corporation Act, 1994, in sub-section (2), clause

1. (a) shall be omitted.

In section 5 of the Tirunelveli City Municipal Corporation Act, 1994, in sub-section (2), clause

1. (a) shall be omitted.

In section 5 of the Salem City Municipal Corporation Act, 1994, in sub-section (2), clause

1. (a) shall be omitted.

1. (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. (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 Laws (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.