[Tamil Nadu Act 27 of 1994 as amended up to Tamil Nadu Act 38 of 2008] [17th May, 1994] An Act to provide for the establishment of a Municipal Corporation
portion for the City of Tiruchirappalli Be it enacted by the Legislative Assembly of the State of Tamil
Nadu in the fourty- fifth Year of the Republic of India as follows. (1) This Act may be
called the Tiruchirappalli City
Municipal Corporation Act, 1994. (2) It extends to
the City of Tiruchirappalli. (3) It shall come
in to force on such date, as the Government may, by notification, appoint. In this Act,
unless the context otherwise requires, (a) “City of
Tiruchirappalli” or “City” means the local area comprised in the
Tiruchirappalli 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; (b) “Corporation”
means the Municipal Corporation of Tiruchirappalli constituted under Section 3; (c) “Council” means
the Municipal Council of Tiruchirappalli; (d) “date of the
commencement of this Act” means the date appointed under sub-section (3) of
Section 1; (e) “Government”
means the State Government; (f) “Municipality”
means the Tiruchirappalli Municipality; (g) “Scheduled
Castes” and “Scheduled Tribes” shall be the meanings, respectively, assigned to
them in clauses (24) and (25) of Article 366 of the Constitution; (h) all words and
expressions used in this Act and not defined but defined in the Coimbatore City
Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981) (hereinafter
referred to as the 1981 Act), shall have the meanings, respectively, assigned
to them in the 1981 Act. (1) With effect on
and from the date of the commencement of this Act, the local area included in
the Tiruchirappalli Municipality shall constitute the City of Tiruchirappalli
for purposes of this Act; and from such date of the commencement, a municipal
corporation shall be deemed to have been established for the said City by the
name of, Tiruchirappalli 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) 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) The
Tiruchirappalli Municipality; functioning immediately before the date of the
commencement of this Act, shall be deemed to have been abolished from such commencement. The municipal
authorities charged with carrying out the provisions of this Act shall be, [2][(1) a Mayor; (1-a) a council.] (2) a standing committee; (3) a Commissioner; and (4) a wards committee. (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) 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 and who have special
knowledge or experience in municipal administration, to be nominated by the
Government. Provided that
the person nominated under this clause shall not have the right to vote in the
meetings of the council; (b) 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; (c) as nearly as
possible one-fifth of the members of the State Legislative Assembly
representing constituencies which comprise wholly or partly the area of the
corporation to be nominated by the Speaker of the Legislative Assembly by
rotation every year: Provided that
while nominating such members by rotation, the Speaker of the Legislative
Assembly, shall ensure that as far as possible all the members representing
constituencies which comprise wholly or partly the area of the corporation; are
given an opportunity of being represented in the council at leas once during
the duration of the council; (d) the Chairperson
of the committee, if any, constituted and if they are not councillors. (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 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: Provided that
for the first election to be held immediately after the date of the
commencement of this Act, the provisional population figures of the City as
published in relation to 1991 census shall be deemed to be the population of
the City as ascertained in that census. (4) 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. (5) 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 seat reserved for
women belonging to the Scheduled Castes and the Scheduled Tribes) of the total
number of seats in the council. (6) The reservation
of seats under sub-sections (3) and (4) shall cease to have effect to the
expiry of the period specified in Article 334 of the Constitution. (1) The
corporation, unless sooner dissolved, shall continue for five years from the
date appointed for it first meeting and no longer and the said period of five
years shall operate as a dissolution of the corporation. (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) Subject to the
provisions of sub-sections (2) and (3), the Tamil Nadu District Municipalities
Act, 1920 (Tamil Nadu Act 5 of 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 Tiruchirappalli. (2) Such case shall
not affect, (a) the previous
operation of the District Municipalities Act, in respect of the local area
comprised within the City of Tiruchirappalli, (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. (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
Tiruchirappalli 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) 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) 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) Notwithstanding
that no provision or insufficient provision has been made under sub-section (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. (4) In the 1981 Act
as extended and applied to the City of Tiruchirappalli, (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 Tiruchirappalli and
Tiruchirappalli 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 Tiruchirappalli Corporation, Corporation of Tiruchirappalli
and Municipal Corporation of Tiruchirappalli, respectively. (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 of special order,
give in this behalf, vest with the corporation. (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 said council other date of such
commencement may be recovered as if they had accrued to the corporation may be
recovered if the said arrears or payments had become due, under the provisions
of this Act. (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 of
superseded by anything done or any action taken under this Act. (4) All proceedings
taken by, or against, the council or authority or any person under the District
Municipalizes 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) 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) Not
withstanding anything contained in this Act, every officer or employee who,
immediately before the date of such commencement was in tile 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 officer and employees consequent on their
absorption in the service of the corporation shall not be less fevorable 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 the municipality up to
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
increments, leave, pension, provident fund and gratuity: Provided
further that any officer or other employee serving in the municipality shall be
given option or be a 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
retained in the, service 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) Any division of
the Tiruchirappality 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) The electoral
roll prepared for the Tiruchirappalli 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) There shall be
appointed by the Government, by notification, a Special Officer to exercise the
powers, perform the duties and discharge the functions of. (1) the council, (2) the standing
committee, (3) the
Commissioner, and (4) the wards
committee. (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 the Tamil Nadu Municipal Corporation Laws
(Amendment and Special Provision) Act, 1994. (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. (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). (5) The Special Officer
referred to in sub-section (1) or in sub-section (4) shall hold office upto the
31st day of December 1996 or for shorter period as the Government may, by
notification, specify in this behalf]. (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
published. (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: Provided that
no such order shall be made after the expiry of two years from the date of the
commencement of this Act.Tiruchirappalli City Municipal Corporation
Act, 1994[1]