The Vellore City Municipal Corporation Act, 2008

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

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THE VELLORE 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 VELLORE CITY MUNICIPAL

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

[With amendments till 211!


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THE VELLORE CITY MUNICIPAL

CORPORATION ACT

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

CONTENT'

"#$T%&' ()*#

1. "hort title, e+tent and 2

2. efinitions -

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

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 ma6e rules 5

11. (ower to remove difficulties 4

The following )ct of the Tamil 'adu 7egislative )ssembly received the )ssent of the

*overnor on the 2th ay 25 and is hereby published for general information.

)n )ct to provide for the establishment of a unicipal $orporation for the $ity of

/ellore.

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

:ear of the ;epublic of %ndia as follows


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>2? %t e+tends to the city of /ellore.

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

appoint.

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

>a? Acity of /elloreA or AcityA means the local area comprised in the /ellore

municipality and includes any local area which, after the date of the commencement 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 cityB

>a? AcorporationA means the municipal corporation of /ellore constituted under

section -B

>b? AcouncilA means council of municipal corporation of /elloreB

>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? Amunicipal councilA means the municipal council of /ellore unicipalityB

>f? AmunicipalityA means the /ellore unicipalityB

>b? A"cheduled $astesA and A"cheduled TribesA shall have the meanings

respectively 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" $% Vell$re)9 >1? With effect on

and from the date of the commencement of this )ct, the local area included in the /ellore

municipality shall constitute the city of /ellore for the purposes of this )ct and from such

date of the commencement of this )ct, a municipal corporation shall be deemed to have been

established for the said city by the name of /ellore $ity unicipal $orporation-? The /ellore municipality, 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.

1) M!ici/al a!"*$ri"ies)= The municipal authorities charged with carrying out the

provisions of this )ct shall be

1[>1? a mayorB

>la? acouncilB!

>2? a standing committeeB

>-? a wards committeeB and

>0? a commissioner.

) C$s"i"!"i$ $% c$!cil)= >1? "ave as otherwise provided in subsection >2?, the

council 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, that

the total number of councillors of the council shall not e+ceed seventy9two at any time.

>2? The following persons shall also be represented in the council, namelya? the members of the Douse of the (eople representing constituencies which

comprise wholly or partly theEarea of the corporation and the members of the $ouncil of

"tates registered as electors within the area of the corporationB

>a? all the members of the Tamil 'adu 7egislative )ssembly representing

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

>-? The persons referred to in sub9section >2? shall be entitled to ta6e 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 as

may be, the same proportion to the total number of seats to be filled by direct election in the

council as the population

1. "ubstituted by Tamil 'adu )ct -5 of 25.

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>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 )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 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 city of /ellore until, they are replaced by the appointments,

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$5isi$s $% "*e 48 Ac" "$ "*e c$r/$ra"i$ .=>1? "ave as

otherwise 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 corporation and the 1451 )ct shall, in relation to the

corporation, 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 to

the corporation, the *overnment may, by notification, ma6e such adaptations and

modifications of the 1451 )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 1451 )ct and the rules made thereunder, shall apply to the

corporation subCect to the adaptations and modifications so made.

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

sub9section >2? for the adaptation of the provisions of the 1451 )ct, or the rules and bye9laws

made thereunder, any court, tribunal or authority re@uired or empowered to enforce these

provisions may, forE 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.

>0? %n the 1451 )ct as e+tended and applied to the city of /ellore,9

>a? any reference to the city of $oimbatore and $oimbatore unicipality, shall by

reason of this )ct, be construed as a reference to the city of /ellore and /ellore unicipality,

respectivelyB and

>8? any reference to the $oimbatore $orporation, $orporation of $oimbatore and

unicipal $orporation of $oimbatore, shall by reason of this


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)ct, be construed as a reference to the /ellore $orporation, $orporation of /ellore and

unicipal $orporation of /ellore, respectively.

4) Trasi"i$al /r$5isi$s.= >1? )ll property, all rights of whatever 6ind, used, enCoyed

or possessed by and all interests of whatever 6ind owned by or vested in, or held in trust by or

for the municipal council with all rights of whatever 6ind used, enCoyed or possessed by the

said municipal and from the date of the commencement of this )ct and subCect to such

directions as the *overnment may, by general or special order, give in this behalf, vest with

the corporation.

>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 municipal council on the date of such

commencement may be recovered as if they had accrued to the corporation 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 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 )t and shall continue to be

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

anything done? any action ta6en under this )ct.

>0? )ll proceedings ta6en 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 of

this )ct. 9

>2? )ny action ta6en under the istrict unicipalities )ct, by any authority before the

date of such commencement shall be deemed to have been ta6en by the authority competentto ta6e 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

municipality shall, on and from the date of such commencement be deemed to be an officer

or employee of the corporationa? the terms and conditions applicable to such officers and employees conse@uent

on their absorption in the service of the corporation shall not be less favourable than those

applicable to such employees immediately before the date of such commencement, as regardspay and allowances, leave, pension, gratuity, provident fund and age of superannuationB and

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

municipality upto 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 increment, 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 within such time and in

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

be transferred to the service referred to in section 3-9) of the istrict unicipalities )ct or to

be retrenched from the service of the municipality on such retrenchment benefits as may be

prescribed.

>3? )ny division of the /ellore municipality 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 corporation until altered.

>5? The electoral roll prepared for the /ellore municipality 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 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, vice9chairman and

the councillors of the /ellore municipality, 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 councillors of the /ellore $ity unicipal $orporation elected

under this )ct and such ayor, eputy ayor and councillors shall continue to hold officeupto 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 councillors shall e+ercise all the

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

under this )ct.

0) P$6er "$ ma7e r!les)= >1? The *overnment may ma6e 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 intoforce 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 7egislative )ssembly, and if,

before the e+piry of the session in which it is so placed or the ne+t session, the )ssembly

ma6es 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 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 preCudice to

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

) P$6er "$ 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, ma6e 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.

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The Vellore City Municipal Corporation Act, 2008