The Thoothukudi City Municipal Corporation Act, 2008

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

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THE THOOTHUKUDI CITY MUNICIPAL CORPORATION ACT, 2008

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Disclaimer: The document is published for academic interest. For accuracy, theviewers are advised to verify the gazette notification.

THE THOOTHUKUDI CITY MUNICIPALCORPORATION ACT, 2008

(Tamil Na ! Ac" 2# $% 2008&

[With amendments till 2 11!


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THE THOOTHUKUDI CITY MUNICIPALCORPORATION ACT, 2008

(Tamil Na ! Ac" 2# $% 2008&

CONTENT'

"#$T%&' ()*#

1. "hort title, e+tent and 2

2. efinitions -

-. #stablishment of unicipal $orporation for the $ity of Thoothu/udi -

0. unicipal )uthorities 0

. $onstitution of $ouncil 0

. uration of $orporation

3. The Tamil 'adu istrict unicipalities )ct, 142 not to apply 5. )pplication of the provisions of the 1451 )ct to the $orporation

4. Transitional (rovisions 3

1 . (ower to ma/e rules 5

11. (ower to remove difficulties 4

The following )ct of the Tamil 'adu 6egislative )ssembly received the )ssent of the*overnor on the 2 th ay 2 5 and is hereby published for general information.

)n )ct to provide for the establishment of a unicipal $orporation for the $ity ofThoothu/udi.

7e it enacted by the 6egislative )ssembly of the "tate of Tamil 'adu in the Fifty8ninth9ear of the :epublic of %ndia as follows;8

) '*$r" "i"le, e+"e " a c$mme ceme ") < =1> This )ct may be called theThoothu/udi $ity unicipal $orporation )ct, 2 5.

=2> %t e+tends to the city of Thoothu/udi.

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=-> %t shall come into force on such date as the "tate *overnment may, by notification,appoint.

2)De%i i"i$ s.< =1> %n this )ct, unless the conte+t otherwise re?uires,

(a) @city of Thoothu/udi@ or @city@ means the local area comprised in theThoothu/udi municipality and includes any local area which, after the date of thecommencement of this )ct, is included in the city but does not include any local area which,after such date of the commencement of this )ct, is e+cluded from the cityA

(a) @corporation@ means the municipal corporation of Thoothu/udi constitutedunder section -A

(b) @council@ means council of municipal corporation of Thoothu/udiA B

(c) @date of the commencement of this )ctB means the date specified under sub8section =-> of section 1A

(d) @*overnment@ means the "tate *overnmentA

(e) @municipal council@ means the municipal council of Thoothu/udi unicipalityA

(f) @municipality@ means the Thoothu/udi unicipalityA

(g) @"cheduled $astes@ and @"cheduled Tribes@ shall have the meaningsrespectively assigned to them in clauses =20> and =2 > of )rticle - of the $onstitution,

=2> )ll words and e+pressions used in this )ct and not defined but defined in the$oimbatore $ity unicipal $orporation )ct, 1451 =hereinafter referred to as the 1451 )ct>,shall have the meanings, respectively, assigned to them in the 1451 )ct.

-) Es"a.lis*me " $% M! ici/al C$r/$ra"i$ %$r "*e Ci" $% T*$$"*!1! i .< =1> Witheffect on and from the date of the commencement of this )ct, the local area included in theThoothu/udi municipality shall constitute the city of Thoothu/udi for the purposes of this)ct and from such date of the commencement of this )ct, a municipal corporation shall bedeemed to have been established for the said city by the name of Thoothu/udi $ity unicipal$orporation;

(rovided that the *overnment may, from time to time, after consultation with thecorporation, by notification, alter the limits of the city constituted under this sub8section so asto include therein or to e+clude therefrom the areas specified in the notification;

(rovided further that the power to issue a notification under this subsection shall besubCect to previous publication.

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=2>The corporation shall, by the said name, be a body corporate, having perpetualsuccession and a common seal with power to ac?uire, hold and dispose of property and toenter into contracts and may by its corporate name, sue and be sued.

=->The Thoothu/udi municipality, functioning immediately before the date of thecommencement of this )ct, shall be deemed to have been abolished from such date of thecommencement of this )ct.

) M! ici/al a!"*$ri"ies)3 The municipal authorities charged with carrying out the provisions of this )ct shall be

1[=1> a mayorA=la> acouncilA!=2> a standing committeeA=-> a wards committeeA and

=0> a commissioner.

4) C$ s"i"!"i$ $% C$! cil .< =1> "ave as otherwise provided in subsection =2>, thecouncil shall consist of such number of councillors 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, thatthe total number of councillors of the council shall not e+ceed seventy8two at any time.

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

=a> the members of the Douse of the (eople representing constituencies whichcomprise wholly or partly the area of the corporation and the members of the $ouncil of

"tates registered as electors within the area of the corporationA=b> all the members of the Tamil 'adu 6egislative )ssembly representing

constituencies which comprise wholly or partly the area of the corporation.

=-> The persons referred to in sub8section =2> shall be entitled to ta/e part in the proceedings but shall not have the right to vote in the meetings of the council.

=0> "eats shall be reserved for the persons belonging to the "cheduled $astes and the"cheduled Tribes in the council and the number of seats so reserved shall bear, as nearly asmay be, the same proportion to the total number of seats to be filled by direct election in thecouncil as the population of the "cheduled $astes in the city or of the "cheduled Tribes in the

city bears to the total population of the city.

EEEEEEEEEEEEEEEEEEEEEEEEE

1. "ubstituted by Tamil 'adu )ct -5 of 2 5.

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= >"eats shall be reserved for women belonging to the "cheduled $astes and the"cheduled Tribes, from among the seats reserved for the persons belonging to the "cheduled

$astes and the "cheduled Tribes, which shall not be less than one8third of the total number ofseats reserved for the persons belonging to the "cheduled $astes and the "cheduled Tribes.

= >"eats shall be reserved for women in the council and the number of seats reservedfor women shall not be less than one8third including the number of seats reserved for women

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

=3> The reservation of seats under sub8sections =0> and = > shall cease to have effect onthe e+piry of the period specified in )rticle --0 of the $onstitution.

. uration of $orporation.< =%>The corporation, unless sooner dissolved, shall continue

for five years from the date appointed for its first meeting after each ordinary election and nolonger and the said period of five years shall operate as a dissolution of the corporation.

=2> )n election to constitute the corporation shall be completed, 8

=a> before the e+piry of its duration specified in sub8section =1>A or

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

(rovided that where the remainder of the period for which the dissolved corporation wouldhave continued, is less than si+ months it shall not be necessary to hold any election, underthe sub8section for constituting the corporation for such period.

3. Tamil 'adu istrict unicipalities )ct, 142 not to apply.< =1> "ubCect to the provisions of sub8sections =2> and =->, the Tamil 'adu istrict unicipalities )ct, 142=hereinafter referred to as the =@ istrict unicipalities )ct@> shall, with effect on and fromthe date of the commencement of this )ct, cease to apply to the local area comprised withinthe city of Thoothu/udi.

=2> "uch cessor shall not affect,

=a> the previous operation of the istrict unicipalities )ct in respect of the localarea comprised within the city of Thoothu/udiA

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

committed against the istrict unicipalities )ctA 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 asif this )ct, had not been passed.


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=-> 'otwithstanding anything contained in sub8section =1>, all appointments,notifications, notices, rules, bye8laws, regulations, orders, directions, licences, permissions,schemes, forms and powers, made or issued or conferred under the istrict unicipalities

)ct and in force on the date of the commencement of this )ct shall, so far as they are notinconsistent with the provisions of this )ct, continue to be in force in the local areacomprised within the city of Thoothu/udi until they are replaced by the appointments,notifications, notices, rules, bye8laws, 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$5isi$ s $% "*e 68 Ac" "$ "*e C$r/$ra"i$ .< =1> "ave asotherwise e+pressly provided herein, all the provisions of the 1451 )ct, including the

provisions relating to the levy and collection of any ta+ or fee are hereby e+tended to andshall apply, mutatis mutandis to the $orporation and the 1451 )ct shall, in relation to thecorporation, be read and construed as if the provisions of this )ct had formed part of the 1451)ct.

=2> For the purpose of facilitating the application of the provisions of the 1451 )ct tothe corporation, the *overnment may, by notification, ma/e such adaptations andmodifications of the 1451 )ct and the rules and bye8laws made thereunder, whether by wayof repealing, amending or suspending any provision thereof, as may be necessary ore+pedient and thereupon, the 1451 )ct and the rules made thereunder, shall apply to the$orporation subCect to the adaptations and modifications so made.

=-> 'otwithstanding that no provision or insufficient provision has been made undersub8section =2> for the adaptation of the provisions of the 1451 )ct, or the rules and bye8laws

made thereunder, any $ourt, Tribunal or )uthority re?uired or empowered to enforce these provisions may, forB the purpose of facilitating their application to the $orporation, construethese 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.

=0> %n the 1451 )ct as e+tended and applied to the $ity of Thoothu/udi,88=a> any reference to the $ity of $oimbatore and $oimbatore unicipality, shall by

reason of this )ct, be construed as a reference to the city of Thoothu/udi and Thoothu/udiunicipality, respectivelyA and

=7> any reference to the $oimbatore $orporation, $orporation of $oimbatore and

unicipal $orporation of $oimbatore, shall by reason of this )ct, be construed as a referenceto the Thoothu/udi $orporation, $orporation of Thoothu/udi and unicipal $orporation ofThoothu/udi, respectively.


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6) Tra si"i$ al /r$5isi$ s . < =1> )ll property, all rights of whatever /ind, used, enCoyedor possessed by and all interests of whatever /ind owned by or vested in, or held in trust by orfor the municipal council with all rights of whatever /ind used, enCoyed or possessed by thesaid municipal and from the date of the commencement of this )ct and subCect to suchdirections as the *overnment may, by general or special order, give in this behalf, vest withthe corporation.

=2> )ll arrears of ta+es or other payments by way of composition for a ta+, or due fore+penses or compensation, or otherwise due to the said municipal council on the date of suchcommencement may be recovered as if they had accrued to the corporation and may berecovered 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 thecommencement of this )ct were being levied by the said municipal council shall be deemed

to have been levied by the corporation 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 ta/en under this )ct.

=2>)ll proceedings ta/en by, or against, the municipal council or authority or any person under the istrict unicipalities )ct may be continued by, or against, the corporation,authority or person as if the said proceedings had been commenced under the provisions ofthis )ct.

=0> )ny action ta/en under the istrict unicipalities )ct, by any authority before thedate of such commencement shall be deemed to have been ta/en by the authority competent

to ta/e 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 themunicipality shall, on and from the date of such commencement be deemed to be an officeror employee of the corporation;

(rovided that,

=a> the terms and conditions applicable to such officers and employees conse?uenton their absorption in the service of the corporation shall not be less favourable than thoseapplicable to such employees immediately before the date of such commencement, as regards

pay and allowances, leave, pension, gratuity, provident fund and age of superannuationA and

=a> the service rendered by any such officer or other employee under themunicipality upto the date of such commencement shall be deemed to be

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service under the corporation and he shall be entitled to count that service for the purpose ofincrement, leave, pension, provident fund and gratuity; (rovided further that any officer or

other employee serving in the municipality shall be given an option to be e+ercised withinsuch time and in such manner as may be prescribed either to be absorbed in the service of thecorporation or to be transferred to the service referred to in section 3-8) of the istrict

unicipalities )ct or to be retrenched from the service of the municipality on suchretrenchment benefits as may be prescribed.

=3> )ny division of the Thoothu/udi municipality into wards, made under the istrictunicipalities )ct, and in force on the date of the commencement of this )ct shall be

deemed to be a division of the corporation until altered.

=5> The electoral roll prepared for the Thoothu/udi municipality under the istrict

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

=4> 'otwithstanding anything contained in this )ct, the chairman, vice8chairman andthe councillors of the Thoothu/udi municipality, who are elected and holding office as suchimmediately before the date of the commencement of this )ct, shall be deemed to be the

ayor, eputy ayor and councillors of the Thoothu/udi $ity unicipal $orporationelected under this )ct and such ayor, eputy ayor and councillors shall continue to holdoffice upto such date as the *overnment may, by notification, fi+ in this behalf or, in case nosuch 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 councillors shall e+ercise all the powers and perform all duties conferred on the ayor, eputy ayor and councillors by orunder this )ct.

0) P$7er "$ ma1e r!les) < =1> The *overnment may ma/e 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.

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=-> #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 6egislative )ssembly, and if, before the e+piry of the session in which it is so placed or the ne+t session, the )ssemblyma/es any modification in any such rule or notification or order, or the )ssembly decidesthat the rule or notification or order should not be made or issued, the rule or notification ororder shall thereafter have effect only in such modified form or be of no effect, as the casemay be, so, however, that any such modification or annulment shall be without preCudice tothe validity of anything previously done under that rule or notification or order.

) P$7er "$ rem$5e i%%ic!l"ies) < %f any difficulty arises in giving effect to the provisions of this )ct, the *overnment may, by an order published in the Tamil 'adu*overnment *azette, ma/e such provisions not inconsistent with the provisions of this )ct asappear 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 ofthe commencement of this )ct.

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The Thoothukudi City Municipal Corporation Act, 2008