The Tiruppur City Municipal Corporation Act, 2008

1. (1) This Act may be called the Tiruppur City Municipal Corporation Act, 2008.
2. (2) It extends to the city of Tiruppur.
3. (3) It shall be deemed to have come into force on the 1st day of January 2008.

In section 4 of the Chennai City Municipal Corporation Act, 1919 (hereinafter in this Part referred to as the 1919 Act), in sub-section (3), for clause (a), the following clauses shall be substituted, namely:-

1. (a) a Mayor;
2. (aa) a council;

1. (1) With effect on and from the date of the commencement of this Act, the local area included in the Tiruppur municipality shall constitute the city of Tiruppur for the purposes of this Act and from such date of the commencement of this Act, a municipal corporation shall be deemed to have been established for the said city by the name of Tiruppur City Municipal Corporation: Provided that the Government may, from time to time, after consultation with the corporation, by notification, alter the limits of the city constituted under this sub-section so as to include therein or to exclude therefrom the areas specified in the notification: Provided further that the power to issue a notification under this sub-section shall be subject to previous publication.
2. (2) The corporation shall, by the said name, be a body corporate, having perpetual succession and a common seal with power to acquire, hold and dispose of property and to enter into contracts and may by its corporate name sue and be sued.
3. (3) The Tiruppur municipality, functioning immediately before the date of the commencement of this Act, shall be deemed to have been abolished from such date of the commencement of this Act.

In section 3 of the Madurai City Municipal Corporation Act, 1971 (hereinafter in this Part referred to as the 1971 Act), in sub-section (3), for clause (a), the following clauses shall be substituted, namely:-

1. (a) a Mayor;
2. (aa) a council;

For section 38 of the 1971 Act, the following sections shall be substituted, namely:- "38. Prerogative of the Mayor.-(1) The Mayor shall have full access to all records of the corporation and may obtain reports from the commissioner on any matter connected with the administration of the corporation.

1. (2) All important official correspondence between the corporation and the Government as may be decided by the council shall be conducted through the Mayor.
2. (3) The Mayor shall be bound to transmit communications addressed through him by the commissioner to the Government or by the Government to the commissioner. While transmitting communications from the commissioner to the Government, the Mayor may make such remarks as he thinks necessary. 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."

1. (1) The corporation, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting after each ordinary election 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 (hereinafter 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 Tiruppur.
3. (2) Such cessor shall not affect-
   • (a) the previous operation of the District Municipalities Act in respect of the local area comprised within the city of Tiruppur;
   • (b) any penalty, forfeiture or punishment incurred in respect of any offence committed against the District Municipalities Act;
   • (c) any investigation, legal proceeding or remedy in respect of any such penalty, forfeiture or punishment, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, 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 Tiruppur 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 Tiruppur-
   • (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 Tiruppur and Tiruppur 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 Tiruppur Corporation, Corporation of Tiruppur and Municipal Corporation of Tiruppur, 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 municipal council with all rights of whatever kind used, enjoyed or possessed by the said municipal council as well as all liabilities legally subsisting against the said municipal council, 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 arrears of taxes or other payments by way of composition for a tax, due for such period of compensation, or otherwise due to his said municipal 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 municipal 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 municipal 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) Notwithstanding anything contained in this Act, every officer or employee who, immediately before the date of the commencement of this Act was in the service of the municipality shall, on and from the date of such commencement be deemed to be an officer or employee of the corporation:
   • (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 date of such 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 under the municipality upto the date of such commencement shall be deemed to be service under the corporation and he shall be entitled to count that service for the purpose of increment, leave, pension, provident fund and gratuity: Provided further that any officer or other employee serving in the municipality shall be given an option to be exercised within such time and in such manner as may be prescribed either to be absorbed in the service of the corporation or to be transferred to the service referred to in 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.
6. (6) Any division of the Tiruppur 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.
7. (7) The electoral roll prepared for the Tiruppur 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.
8. (8) Notwithstanding anything contained in this Act, the chairman, vice-chairman and the councillors of the Tiruppur municipality, who are elected and holding office as such immediately before the date of the commencement of this Act, shall be deemed to be the Mayor, Deputy Mayor and councillors of the Tiruppur City Municipal Corporation elected under this Act and such Mayor, Deputy Mayor and councillors shall continue to hold office upto such date as the Government may, by notification, fix in this behalf or, in case no such date is fixed, upto the date on which their term of office would expire under the District Municipalities Act and such Mayor, Deputy Mayor and councillors shall exercise all the powers and perform all duties conferred on the Mayor, Deputy Mayor and councillors by or under this Act.

In section 4 of the Salem City Municipal Corporation Act, 1994, for clause (1), the following clauses shall be substituted, namely:-- "(1) a Mayor; (1-a) a council;"

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: Provided that no such order shall be made after the expiry of two years from the date of the commencement of this Act.

In section 4 of the Erode City Municipal Corporation Act, 2008, for clause (1), the following clauses shall be substituted, namely:- "(1) a Mayor; (1-a) a council;"