TAMIL NADU PANCHAYATS, MUNICIPALITIES AND CORPORATIONS (DELIMITATION OF WARDS OR DIVISIONS AND RESERVATION) RULES, 1996

TAMIL NADU PANCHAYATS, MUNICIPALITIES AND CORPORATIONS (DELIMITATION OF WARDS OR DIVISIONS AND RESERVATION) RULES, 1996.^*

PREAMBLE

In exercise of the powers conferred by section 303 of the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), section 347 of the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), section 431 of the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971), section 430 of the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981), section 8 of the Tiruchirapalli City Municipal Corporation Act, 1994 (Tamil Nadu Act 27 of 1994), section 8 of the Tirunelveli City Municipal Corporation Act, 1994 (Tamil Nadu Act 28 of 1994) and section 8 of the Salem City Municipal Corporation Act, 1994 (Tamil Nadu Act 29 of 1994) and in supersession of all previous notifications issued and the rules published on the above subject, the Governor of Tamil Nadu hereby makes the following rules

1. Short title.--

(1) These rules may be called The Tamil Nadu Town Panchayats, Municipalities and Corporations (Delimitation of Wards or Divisions and Reservations) Rules, 1996.

(2) They shall come into force at once.

2. Definitions.--

In these rules, unless the context otherwise requires,--

(1) "Act" means the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), in respect of Town Panchayats and Municipalities, the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919) in respect of Chennai City Municipal Corporation, the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971) in respect of Madurai City Municipal Corporation, the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981) in respect of Coimbatore City Municipal Corporation, the Tiruchirappalli City Municipal Corporation Act, 1994 (Tamil Nadu Act 27 of 1994) in respect of Tiruchirappalli City Municipal Corporation, the Tirunelveli City Municipal Corporation Act, 1994 (Tamil Nadu Act 28 of 1994) in respect of Tirunelveli City Municipal Corporation and the Salem City Municipal Corporation Act, 1994 (Tamil Nadu Act 29 of 1994) in respect of Salem City Municipal Corporation ; and

(2) all other words and expressions used in these rules but not defined therein shall have the meanings respectively assigned to them in the Act.

3. Division of Wards and Divisions.--

(1) For the purpose of election of Councillors to every Town Panchayat or Municipal Council or Municipality or Corporation, the area of every such Town Panchayat or Municipality or the Corporation, shall be divided by the Inspector, in the case of Town Panchayat and by the Government, in the case of Municipalities and Corporations, into as many number of wards and divisions as the total number of councillors to be elected in that Town Panchayat, Municipality or the Corporation, as the case may be.

(2) Each ward or division in the Town Panchayat or Municipality or Corporation, shall have, as far as possible, equal population except due to factors mentioned in sub-rules (3) and (4) below.

(3) Every ward or division so divided under sub-rule (1) shall be compact, contiguous and of easily recognisable areas like colonies, localities, streets, natural boundaries, etc., and also consist as far as practicable, full streets.

(4) Every ward or division so divided shall not cut across an Assembly Constituency boundary or natural boundaries such as river, canal etc.

Explanation.--Where the population figures to any area cannot be ascertained from the census figures published, the Inspector of Town Panchayats or the Government, as the case may be, may determine the population of such area with reference to the voting strength of the area as per the relevant portion of the current electoral roll of the Tamil Nadu Legislative Assembly Constituency.

4. Reservation of seats in Town Panchayats, Municipalities and Corporations.--

(1) For the purpose of reservation, or persons belonging to Scheduled Castes and Scheduled Tribes, the wards of divisions in a Town Panchayat, Municipality or Corporation shall be arranged in descending order based on the population of such Scheduled Castes or Scheduled Tribes, as the case may be, and the wards and divisions having higher percentage of such population, shall be reserved as required under the Act.

(2) While reserving wards or divisions to the women belonging to Scheduled Castes or Scheduled Tribes, the wards or divisions having the highest percentage of Scheduled Castes / Scheduled Tribes women population among the wards or divisions so elected for the Scheduled Castes / Scheduled Tribes shall be reserved.

(3) For the purpose of reservation of seats for women, the wards and divisions in every Town Panchayat, Municipality and Corporation shall be arranged in a descending order based on the population of women and the wards and divisions having higher percentage of such women population shall be reserved as required.

5. Reservation of Office of Chairman or Mayor in a Town Panchayat, Municipality or Corporation.--

The Government shall, by notification, reserve for persons belonging to Scheduled Castes and Scheduled Tribes and for women, the offices of Chairman of Town Panchayats and Municipalities and the Mayor of Corporations required to be reserved under the Act, based on their highest percentage of population in the Town Panchayats, Municipalities and Corporations, as the case may be.