COURTALLAM
TOWNSHIP ACT, 1954 THE COURTALLAM TOWNSHIP ACT, 1954 [Act No. 16 of 1954 [1]] [9th June, 1954] An Act to constitute a township for Courtallam in the Tirunelveli
district and to provide for its administration and governance. Whereas it is expedient to
constitute a township for Courtallam in the Tirunelveli district and to provide
for its administration and governance; It is hereby enacted as follows:-- (1)
This Act may be called the Courtallam Township Act, 1954. (2)
It shall come into force on [2]such
date as the State Government may, by notification in the Fort St. George
Gazette, appoint (hereinafter referred to as the appointed date.) (1)
With effect on and from the appointed date, the area specified in
the Schedule (being the area comprised within the jurisdiction of the
Courtallam Panchayat immediately before the appointed date) shall be a
township, called the Courtallam township, and the State Government may, from
time to time, by notification in the Fort St. George Gazette, alter the limits
of the area specified in the Schedule and any such alteration shall have effect
as if it had been made by this Act. (2)
(a) The Madras Village Panchayats Act, 1950 (Madras Act X of
1950), shall, with effect on and from the appointed date, cease to apply to the
Courtallam township. (b) Where the limits of the
area specified in the Schedule are altered by notification under sub-section
(1), the notification may also contain such provisions regarding the
application or cesses of application of any enactment and the local authority
which is to exercise, or cease to exercise, jurisdiction, in relation to the
area included in or excluded from the Courtallam township, the apportionment
and adjustment of assets and liabilities as between the local authorities
concerned and other incidental or consequential matters, as the State
Government may deem necessary or proper. (1)
For the purpose of administering the municipal affairs of the
Courtallam township, the State Government shall, by notification in the Fort
St. George Gazette, constitute a committee to be called the Courtallam Township
Committee (hereinafter referred to as the Township Committee) consisting of
eight members who shall be appointed by the State Government Of the eight
members aforesaid, not less than three shall be non-officials. (2)
The State Government shall appoint? (a)
one of the members of the Township Committee to be its Chairman;
and (b)
another person (not being a member of the Township Committee) to
be its Executive Officer. (3)
The Township Committee shall be a body corporate having perpetual
succession and a common seal, and subject to any restrictions or qualifications
imposed by or under this or any other enactment, shall be vested with the
capacity of suing and being sued in its corporate name, of acquiring, holding
and transferring property, movable or immovable, of entering into contracts,
and of doing all things necessary, proper or expedient for the purposes for
which it is constituted. (1)
The State Government may, by notification in the Fort St. George
Gazette, direct that any of the provisions of the Madras District
Municipalities Act, 1920 (Madras Act V of 1920), or of any rules made
thereunder or of any other enactment for the time being in force elsewhere in
the State of Madras, but not in the Courtallam to wnship, shall apply to it to
such extent and subject to such modifications, additions and restrictions as
may be specified in the notification. (2)
In particular and without prejudice to the generality of the
foregoing provision, such notification may authorize? (a)
the Township Committee to levy all or any of the taxes and fees
which may be levied by virtue of the provisions applied to the township under
this section; and (b)
the Executive Officer of the Township Committee to exercise and
perform in regard to the township, the powers and duties assigned to the
executive authority of a municipality under the provisions applied as
aforesaid, subject to such restrictions, limitations and conditions and to such
control, if any, as may be specified in the notification, (3)
The notification made by the State Government tinder sub-section
(1) in the Fort St. George Gazette shall have effect as if enacted in this Act.
The said notification shall, as soon as possible after it is made, be placed on
the table of both
Houses of the Legislature of the State for 14 days and shall be subject to such
modifications whether by way of repeal or amendment as the Legislature may make
during the session in which' it is so laid. (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 Courtallam Panchayat as well as all liabilities legally
subsisting against it shall, on and from the appointed date, stand transferred
to the Township Committee. (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 Courtallam
Panchayat immediately before the appointed date may be recovered by the
Township Committee. (3)
All proceedings taken by or against the Courtallam Panchayat may
be continued by or against the Township Committee. (1)
If any difficulty arises in giving effect to the provisions of
this Act, the State Government may, as occasion may require, by order do
anything which appears to them necessary for the purpose of removing the
difficulty. (2)
All orders made by the State Government under sub-section (1)
shall, as soon as possible after they are made, be laid on the table of both
Houses of the Legislature. The Schedule. [See section 2 (1).] The area comprised in the
revenue village of Courtallam in the Tenkasi taluk of the Tirunelveli district,
bounded on the-- North, by the revenue
villages of Elanji and Melagaram; East, by the revenue
village of Melagaram; South, by reserved forest;
and West, by reserved forest
and Elanji village.
Preamble - THE COURTALLAM TOWNSHIP ACT, 1954PREAMBLE