The Erode City Municipal Corporation Act, 2008

8/13/2019 The Erode City Municipal Corporation Act, 2008

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THE ERODE CITY MUNICIPAL CORPORATION ACT, 2008

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Disclaimer:The document is published for academic interest. For accuracy, the

viewers are advised to verify the gazette notification.

THE ERODE CITY MUNICIPAL

CORPORATION ACT, 2008

(Tamil Nad Ac! 8 "# 2008$

[With amendments till 211!


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THE ERODE CITY MUNICIPAL

CORPORATION ACT, 2008

(Tamil Nad Ac! 8 "# 2008$

CONTENT%"#$T%&' ()*#

1. "hort title, e+tent and 2

2. efinitions 2

-. #stablishment of unicipal $orporation for the $ity of #rode -

/. unicipal )uthorities /

0. $onstitution of $ouncil /

. uration of $orporation 0. The Tamil 'adu istrict unicipalities )ct, 132 not to apply 0

4. )pplication of the provisions of the 1341 )ct to the $orporation

3. Transitional (rovisions

1. (ower to ma5e rules

11. (ower to remove difficulties 3

12. 6epeal and saving 3

7e it enacted by the 8egislative )ssembly of the of Tamil 'adu in the Fifty9ninth :ear of

the 6epublic of %ndia as follows;9

&' %"r! !i!le e)!e*! a*d c"mme*ceme*!'< =1> This )ct may be called the #rode $ity

unicipal $orporation )ct, 24.

(2) %t e+tends to the $ity of #rode.

(2)%t shall be deemed to have come into force on the 1st day of ?anuary 24.

2' De#i*i!i"*s'< =1> %n this )ct, unless the conte+t otherwise re@uires, A$ity of

#rodeA or A$ityA means the local area comprised in the

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#rode unicipality and includes any local area which, after the date of the commencement of

this )ct, is included in the $ity but does not include any local area which, after such date of

the commencement of this )ct, is e+cluded from the $ityB

=b> A$orporationA means the unicipal $orporation of #rode constituted undersection -B

=b> A$ouncilA means $ouncil of unicipal $orporation of #rodeB

=c> Adate of the commencement of this )ctA means the date specified under sub9

section =-> of section 1B

=d> A*overnmentA means the "tate *overnmentB

=e> Aunicipal $ouncilA means the unicipal $ouncil of #rode unicipalityB

=f> AunicipalityA means the #rode unicipalityB

=c> A"cheduled $astesAC and A"cheduled TribesA shall have the meanings

respectively assigned to them in clauses =2/> and =20> of )rticle - of the $onstitution.

=2> )ll words and e+pressions used in this )ct and not defined but definedD in the

$oimbatore $ity unicipal $orporation )ct, 1341 =hereinafter referred to as the 1341 )ct>,

shall have the meanings, respectively, assigned to them in the 1341 )ct.

+' Es!alisme*! "# M*ici-al C"r-"ra!i"* #"r !e Ci!. "# Er"de'< =1> With effect

on and from the date of the commencement of this )ct, the local area included in the #rode

unicipality shall constitute the $ity of #rode for the purposes of this )ct and from such

date of the commencement of this )ct, a unicipal $orporation shall be deemed to have

been established for the said $ity by the name of #rode $ity unicipal $orporation;

(rovided that the *overnment may, from time to time, after consultation with the

$orporation, by notification, alter the limits of the $ity constituted under this sub9section so

as to include therein or to e+clude therefrom the areas specified in the notification;

(rovided further that the power to issue a notification under this sub9section shall be

subEect to previous publication.

=2> The $orporation shall, by the said name, be a body $orporate, having perpetual

succession and a common seal with power to ac@uire, hold and dispose of property and to

enter into contracts and may by its $orporate name, sue and be sued.

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=-> The #rode unicipality, functioning immediately before the date of the

commencement of this )ct, shall be deemed to have been abolished from such date of the

commencement of this )ct.

/' M*ici-al A!"ri!ies'< The unicipal )uthorities charged with carrying out the

provisions of this )ct shall be,1[=1> a ayor

=la> a $ouncilB!

=2> a "tanding $ommitteeB

=-> a Wards $ommitteeB and

=/> a $ommissioner.

' C"*s!i!!i"* "# C"*cil'< =1> "ave as otherwise provided in subsection =2>, the

$ouncil shall consist of such number of $ouncillors elected in the manner laid down in this)ct as may be fi+ed by the *overnment, by notification, from time to time, so, however, that

the total number of $ouncillors of the $ouncil shall not e+ceed seventy9two at any time.

=2> The following persons shall also be represented in the $ouncil, namely;

=a> the members of the ouse of the (eople representing constituencies which

comprise wholly or partly the area of the $orporation and the members of the $ouncil of

"tate registered as electors within the area of the $orporationB

=b> all the members of the Tamil 'adu 8egislative )ssembly representing

constituencies which comprise wholly or partly the area of the $orporation.

=-> The persons referred to in sub9section =2> shall be entitled to ta5e part in theproceedings but shall not have the right to vote in the meetings of the $ouncil.

=/> "eats shall be reserved for the persons belonging to the "cheduled $astes and the

"cheduled Tribes in the $ouncil 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

$ouncil as the population of the "cheduled $astes in the $ity or of the "cheduled Tribes in

the $ity bears to the total population of the $ity.

=0> "eats shall be reserved for women belonging to the "cheduled $astes and the

"cheduled Tribes, from among the seats reserved for the persons

GGGGGGGGGGGGGGGGGGGGGGGGGGG

1. "ubstituted by Tamil 'adu )ct -4 of 24.

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belonging to the "cheduled $astes and the "cheduled Tribes, which shall not be less than

one9third of the total number of seats reserved for the persons belonging to the. "cheduled

$astes and the "cheduled Tribes.

=> "eats shall be reserved for women in the $ouncil and the number of seats reserved

for women shall not be less than one9third including the number of seats reserved for women

belonging to the "cheduled $astes and "cheduled Tribes of the total number of seats in the

$ouncil.

=> The reservation of seats under sub9sections =/> and =0> shall cease to have effect on

the e+piry of the period specified in )rticle --/ of the $onstitution.

1' Dra!i"* "# C"r-"ra!i"*'< =1> The $orporation, 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$orporation.

=2> )n election to constitute the $orporation shall be completed.

=a> before the e+piry of its duration specified in sub9section =1>B or

=b> before the e+piration of a period of si+ months from the date of its dissolutionB

(rovided that where the remainder of the period for which the dissolved $orporation

would have continued, is less than si+ months, it shall not be necessary to hold any election,

under this sub9section for constituting the $orporation for such period.

' Te Tamil Nad Dis!ric! M*ici-ali!ies Ac! &320 *"! !" a--l. . "ubEect to the

provisions of sub9sections =2> and =->, the Tamil 'adu istrict unicipalities )ct, 132=hereinafter referred to as the Aistrict unicipalities )ctA> shall, with effect on and from the

date of the commencement of this )ct, cease.

=2> "uch cessor shall not affect,

=a> the previous operation of the istrict unicipalities )ct in respect of the local

area comprised within the $ity of #rodeB

=a> any penalty, forfeiture or punishment incurred in respect of any offence

committed against the istrict unicipalities )ctB or

=b> 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 )ct, had not been passed.

=-> 'otwithstanding anything contained in sub9section =1>, all appointments,

notifications, notices, rules, bye9laws, regulations, orders, directions, licences, permissions,

schemes, forms and powers, made or issued or

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conferred under the istrict unicipalities )ct and in force on the date of the commencement

of this )ct shall, so far as they are not inconsistent with the provisions of this )ct, continue to

be in force in the local area comprised within the $ity of #rode until they are replaced by theappointments, notifications, notices, rules, bye9laws, regulations, orders, directions, licences,

permissions, schemes, forms and powers to be made or issued or conferred under this )ct.

8' A--lica!i"* "# !e -r"4isi"*s "# !e &38& Ac! !" !e C"r-"ra!i"*'< =1> "ave as

otherwise e+pressly provided herein, all the provisions of the 1341 )ct, including the

provisions relating to the levy and collection of any ta+ or fee are hereby e+tended to and

shall apply, mutatis mutandis to the $orporation and the 1341 )ct shall, in relation to the

$orporation, be read and construed as if the provisions of this )ct had formed part of the

1341 )ct.

=2> For the purpose of facilitating the application of the provisions of the 1341 )ct to

the $orporation, the *overnment may, by notification, ma5e such adaptations andmodifications of the 1341 )ct and the rules and bye9laws made thereunder, whether by way

of repealing, amending or suspending any provision thereof, as may be necessary or

e+pedient and thereupon, the 1341 )ct and the rules made thereunder, shall apply to the

$orporation subEect to the adaptations and modifications so made.

=->'otwithstanding that no provision or insufficient provision has been made under

sub9section =2> to the adaptation of the provisions of the 1341 )ct, or the rules and bye9laws

made thereunder, any $ourt, Tribunal or )uthority re@uired or empowered to enforce these

provisions may, for the purpose of facilitating their application to the $orporation, construe

these provisions in such manner, without affecting the substance, as may be necessary or

proper having regard to the matter before the $ourt, Tribunal or )uthority.

=2> %n the 1341 )ct as e+tended and applied to the $ity of #rode,

=a> any reference to the $ity of $oimbatore and $oimbatore unicipality, shall by

reason of this )ct, be construed as a reference to the $ity of #rode and #rode unicipality,

respectivelyB and

=a> any reference to the $oimbatore $orporation, $orporation of $oimbatore and

unicipal $orporation of $oimbatore, shall by reason of this )ct, be construed as a reference

to the #rode $orporation, $orporation of #rode and unicipal $orporation of #rode,

respectively.

3' Tra*si!i"*al -r"4isi"*s'< =1> )ll property, all rights of whatever 5ind, used, enEoyed

or possessed by, and all interests of whatever 5ind owned by, or vested in, or held in trust by

or for the unicipal $ouncil with all rights of whatever 5ind used, enEoyed or possessed by

the said unicipal $ouncil as well


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as all liabilities legally subsisting against the said unicipal $ouncil, on and from the date of

the commencement of this )ct and subEect to such directions as the *overnment may, by

general or special order, give in this behalf, vest with the $orporation.=2> )ll arrears of ta+es or other payments by way of composition for a ta+, or due for

e+penses or compensation, or otherwise due to the said unicipal $ouncil on the date of such

commencement may be recovered as if they had accrued to the $orporation and may be

recovered as if the said arrears or payments had become due, under the provisions of this )ct.

=-> )ll ta+es, fees and duties, which immediately before the date of the commencement

of this )ct were being levied by the said unicipal $ouncil shall be deemed to have been

levied by the $orporation under the provisions of this )ct and shall continue to be in force

accordingly until such ta+es, fees and duties are revised, cancelled or superseded by anything

done or any action ta5en under this )ct.

=/> )ll proceedings ta5en by, or against, the unicipal $ouncil or authority or any

person under the istrict unicipalities )ct may be continued by, or against, the

$orporation, authority or person as if the said proceedings had been commenced under the

provisions of this )ct.

=0> )ny action ta5en under the istrict unicipalities )ct, by any authority before the

date of such commencement shall be deemed to have been ta5en by the authority competent

to ta5e such action under this )ct as if this )ct had been in force.

=> 'otwithstanding anything contained in this )ct, every officer or employee who,

immediately before the date of the commencement of this )ct was in the service of the

unicipality shall, on and from the date of such commencement be deemed to be an officeror employee of the $orporation;

(rovided that, the terms and conditions applicable to such officers and employees conse@uent on

their absorption in the service of the $orporation 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 superannuationB and

=b> the service rendered by any such officer or other employee under the unicipality

upto the date of such commencement shall be deemed to be service under the $orporation

and he shall be entitled to count that service for the purpose of increment, leave, pension,

provident fund and gratuity;

(rovided further that any officer or other employee serving in the unicipality shall be

given an option to be e+ercised within such time and in


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such manner as may be prescribed either to be absorbed in the service of the $orporation or

to be transferred to the service referred to in section -9) of the istrict unicipalities )ct or

to be retrenched from the service of the unicipality on such retrenchment benefits as maybe prescribed.

=> )ny division of the #rode unicipality into Wards, made under the istrict

unicipalities )ct, and in force on the date of the commencement of this )ct shall be

deemed to be a division of the $orporation until altered.

=4> The electoral roll prepared for the #rode unicipality under the istrict

unicipalities )ct, and in force on the date of the commencement of this )ct, shall be

deemed to be the electoral roll for the $orporation until a new electoral roll is prepared and

published and the part of the said electoral roll relating to each ward of the unicipality shall

be deemed to be the list of the electoral roll for the corresponding division of the $orporation.

=3> 'otwithstanding anything contained in this )ct, the $hairman, Hice9$hairman and

the $ouncillors of the #rode unicipality, who are elected and holding office as such

immediately before the date of the commencement of this )ct, shall be deemed to be the

ayor, eputy ayor and $ouncillors of the #rode $ity unicipal $orporation elected

under this )ct and such ayor, eputy ayor and $ouncillors shall continue to hold office

upto such date as the *overnment may, by notification, fi+ in this behalf or, in case no such

date is fi+ed, upto the date on which their term of office would e+pire under the istrict

unicipalities )ct and such ayor, eputy ayor and $ouncillors shall e+ercise all the

powers and perform all duties conferred on the ayor, eputy ayor and $ouncillors by or

under this )ct.

&0' P"5er !" ma6e rles'< =1> The *overnment may ma5e rules for carrying out the

purposes of this )ct.

=2> =a> )ll rules made under this )ct shall be published in the Tamil 'adu *overnment

*azette and, unless they are e+pressed to come into force on a particular day, shall come into

force on the day on which they are so published.

=b> )ll notifications issued under this )ct shall, unless they are e+pressed to come

into force on a particular day, come into force on the day on which they are so published.

=-> #very rule made or notification or order issued under this )ct shall as soon as

possible, after it is made or issued, be placed on the table of the 8egislative )ssembly, and if,before the e+piry of the session in which it is so placed or the ne+t session, the )ssembly

ma5es any modification in any such rule or notification or order, or the )ssembly 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

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may beB so, however, that any such modification or annulment shall be without preEudice to

the validity of anything previously done under that rule or notification or order.

&&' P"5er !" rem"4e di##icl!ies'< %f any difficulty arises in giving effect to theprovisions of this )ct, the *overnment may, by an order published in the Tamil 'adu

*overnment *azette, ma5e such provisions not inconsistent with the provisions of this )ct as

appear to them to be necessary or e+pedient for removing the difficulty;

(rovided that no such order shall be made after the e+piry of two years from the date of

the commencement of this )ct.

&2' Re-eal a*d sa4i*7'< =1> The #rode $ity unicipal $orporation &rdinance, 2

=Tamil 'adu &rdinance 4I2> is hereby repealed.

=2> 'otwithstanding such repeal anything done, any action ta5en or any direction given

under the said &rdinance shall be deemed to have been done, ta5en or given under this )ct.

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The Erode City Municipal Corporation Act, 2008