The Thoothukudi City Municipal Corporation Act, 2008

1. (1) This Act may be called the Thoothukudi City Municipal Corporation Act, 2008.
2. (2) It extends to the city of Thoothukudi.
3. (3) It shall come into force on such date as the State Government may, by notification, appoint.

In this Act, unless the context otherwise requires,-

1. (a) "city of Thoothukudi" or "city" means the local area comprised in the Thoothukudi 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 of this Act, is excluded from the city;
2. (b) "corporation" means the municipal corporation of Thoothukudi constituted under section 3;
3. (c) "council" means the council of municipal corporation of Thoothukudi;
4. (d) "date of the commencement of this Act" means the date specified under sub-section

1. (3) of section 1;
   • (e) "Government" means the State Government;
   • (f) "municipal council" means the municipal council of Thoothukudi Municipality;
   • (g) "municipality" means the Thoothukudi Municipality;
   • (h) "Scheduled Castes" and "Scheduled Tribes" shall have the meanings respectively assigned to them in clauses
2. (24) and
3. (25) of Article 366 of the Constitution.
4. (2) All words and expressions used in this Act and not defined but defined in the Coimbatore City Municipal Corporation Act, 1981 (hereinafter referred to as the 1981 Act), shall have the meanings, respectively, assigned to them in the 1981 Act.

1. (1) With effect on and from the date of the commencement of this Act, the local area included in the Thoothukudi municipality shall constitute the city of Thoothukudi 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 Thoothukudi 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 Thoothukudi 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.

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

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

1. (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 be fixed by the Government, by notification, from time to time, so, however, that the total number of councillors of the council shall not exceed seventy-two at any time.
2. (2) The following persons shall also be represented in the council, namely:-
   • (a) the members of the House of the People representing constituencies which comprise wholly or partly the area of the corporation and the members of the Council of States registered as electors within the area of the corporation;
   • (b) all the members of the Tamil Nadu Legislative Assembly representing constituencies which comprise wholly or partly the area of the corporation.
3. (3) The persons referred to in sub-section
4. (2) shall be entitled to take part in the proceedings but shall not have the right to vote in the meetings of the council.
5. (4) 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 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.
6. (5) Seats shall be reserved for women belonging to 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.
7. (6) Seats shall be reserved for women in the council and the 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 Scheduled Tribes of the total number of seats in the council.
8. (7) The reservation of seats under sub-sections
9. (4) and
10. (5) 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 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 Thoothukudi. (2)
   • (a) the previous operation of the District Municipalities Act in respect of the local area comprised within the city of Thoothukudi; 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.
3. (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 Thoothukudi 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 Thoothukudi,-
   • (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 Thoothukudi and Thoothukudi 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 Thoothukudi Corporation, Corporation of Thoothukudi and Municipal Corporation of Thoothukudi, respectively.

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.