TNDM Act 3अध्याय 0 · Preliminary

धारा 3 · The Bill seeks to give effect to the above said objects

Published in Part IV- Section 1 of the Tamil Nadu Government gazette Extraordinary, dated the 28th December 1995Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Second Amendment) Act, 1995 (Tamil Nadu Act 46 of 1995). - The Government decided to conduct elections to all the village panchayats, panchayat union councils and district panchayats in December 1995 and to conduct the elections to Town Panchayats, Municipalities and Municipal Corporations thereafter. Accordingly, the State Election Commission was making all arrangements to conduct the panchayat elections. In the meantime, a batch of writ petitions were filed in High Court, Madras against the reservation of fifty per cent of wards at each level and of the offices of presidents of village panchayat union councils and chairmen of district panchayats to the persons belonging to the Backward Classes of citizens.2. The High Court, Madras, in its Judgement dated the 3rd April 1996, in W.P. Nos. 14637795, etc., has struck down the provisions the Tamil Nadu Panchayats Act, 1994 as amended by the Tamil Nadu Panchayats (Second Amendment) Act, 1995 providing reservation for Backward Classes of citizens and all notifications issued under the said Act effecting reservation in favour of Backward Classes of citizens.For the same reasons the provisions made in the Laws relating to Municipalities and Municipal Corporations providing for reservation of seats and offices of chair-persons for Backward Classes of citizens in the Town Panchayats, Municipalities and Municipal Corporations are likely to be struck down, if challenged before the Courts as in the case of reservations made to panchayats. Therefore, the Government have decided to conduct elections to all local bodies for the time being without reservation in favour of Backward Classes of citizens.3. In order to complete the process of elections to all Town Panchayats, Municipalities and Municipal Corporations in the State, at an early date it is necessary to omit the provisions relating to the reservation for Backward Classes of citizens made in the laws relating to Municipalities and Municipal Corporations and accordingly the Government have decided to amend the Municipal Laws suitably.4. The Bill seeks to give effect to the above decision.Published in Part IV-Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 31st May, 2996.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Third Amendment) Act, 1996 (Tamil Nadu Act 22 of 1996). - A comprehensive Act applicable to all the Town Panchayats, Municipalities and Corporations in the State is under preparation of the Government. It will take sometime to finalise the comprehensive Bill. In the meantime, the Government have decided to conduct elections to the Urban Local Bodies during September 1996. It, therefore, becomes necessary to amend the existing Municipal and Corporation Acts pertaining to conduct of elections and other related issues without waiting for the enactment of the Comprehensive Act. The Government have, therefore, decided to amend the existing Municipal and Corporation Acts on the following points:-(i) There are provisions for constitution of six Standing Committees in the Corporations to assist the Corporation Councils on matters relating to Accounts, Education, Health, Taxation and Finance, Town Planning and Improvements and Municipal Works. Recently, provisions have been made for formation of Ward offices and ward committees in Municipalities and Corporations having population of more than 3.00 lakhs to look after the civil amenities in their areas. Therefore, instead of mentioning the names of the Standing Committees in the Acts, it has been decided to make provisions in the Acts to the effect that the Government may by notification constitute Standing Committees not exceeding three in number.(ii) Now, there are provisions in the Corporation Acts that the Speaker of the Tamil Nadu Legislative Assembly shall nominate one fifth of the M.L. As. of a City by rotation to be members of the Corporation Council. With a view to enable all the M.L.As. in a city to participate in the meetings of a Corporation Council, it has been decided that all the members of the State Legislate Assembly representing the constituency comprising the whole or any part of the Corporation shall be the members of the Corporation Councils. It has also been decided that the members of the House of People and the members of the Legislative Assembly so nominated shall be members of the respective Municipal and Corporation Councils without any voting rights in the proceedings of the councils.(iii) There are provisions in the Madras, Madurai and Coimbatore Corporation Acts for formation of Ward Committees and the members of such committees to be formed have also been mentioned in the Acts itself. Further, powers and functions of the Ward Committees have also been prescribed in the Acts itself. Since the number of ward offices to be formed in the Corporations may vary, from time to time, it has been decided to delete these provisions and to empower, the Government to notify the number of ward offices to be formed in a Corporation and to fix guidelines regarding the duties and functions of such Ward Committees. Further, it has also been decided to prescribe the term of chairman of such Ward Committees as five years similar to the term of Chairman and Mayors of Municipalities and Corporations.(iv) In the 74th Constitution (Amendment) Act, 1992, eighteen subjects have been listed out in the Twelfth Schedule to the Act which can be entrusted to the municipalities and corporations by the State Government subject to such conditions and restrictions as may be specified. But, when the municipal and corporation Acts were amended during May 1994, the following three subjects were not included in the Schedules of the Municipal Corporation Acts:-(a) Urban Planning including Town Planning.(b) Regulation of land use and constructions of buildings.(c) Fire Services.Now, it has been decided to incorporate these subjects also in the Municipal and Corporation Acts.(v) The Offices of Chairpersons of Town Panchayats and Municipalities shall be reserved for Scheduled Castes and Schedule Tribes in proportion to the percentage of SC/ST. population in the Town Panchayats and Municipalities and not less than one-third of the total offices of chairpersons shall be reserved for women. But, in the Corporation Act, there are now-specific provisions that one office of the Mayor shall be reserved for S.C./S.T. and two offices of Mayors shall be reserved for women. With a view to have uniform policy in reservation, it has been decided that the Corporation Act may be amended similar to the provisions in the Municipal Act. Further since there are only six Corporations in the State, it has also been decided that where no office of Mayor can be reserved for S.C./S.T. one office of Mayor of a corporation having the highest percentage of population of S.C. /S.T. shall be reserved for women belonging to S.C./S.T. out of the total number of offices of Mayors reserved for women.(vi) In view of the direct elections to Chairman and Mayors of the Municipal and Corporations, the State Election Commission has now suggested a few amendments to the existing sections of the Municipal and Corporation Acts. Accordingly, it has also been decided to amend the Municipal and Corporation Acts suitably.The Government have therefore now decided to amend the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), the Madras City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971), the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981), the Tamil Nadu Municipal Corporation Laws (Amendment and Special Provisions) Act, 1994 (Tamil Nadu Act 26 of 1994), the Tiruchirappalli City Municipal Corporation Act, 1994 (Tamil Nadu Act 27 of 1994), the Tirunelveli City Municipal Corporation Act, 1994 (Tamil Nadu Act 28 of 1994), and the Salem City Municipal Corporation Act, 1994 (Tamil Nadu Act 29 of 1994).3. The Bill seeks to achieve the above said decisions.Published in Part IV- Section 1 of the Tamil Nadu Government Gazette Extraordinary No. 369, dated the 1st August, 1996Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Fourth Amendment) Act, 1996 (Tamil Nadu Act 26 of 1996). - According to the existing provisions of the Municipal and Corporation Acts, the Government will have to provide the deposit amount to be made by candidates contesting the elections to the urban local bodies in the Tamil Nadu Town Panchayats. Municipalities and Municipal Corporations Election Rules, 1996. But there is a proviso in these Acts that the deposit amount required shall not exceed one hundred rupees. The maximum amount of deposit provided in the Municipal and Corporation Acts is very megre and has not been revised so far. Therefore, the Government have now decided to fix the maximum amount of deposit as three thousand rupees in the case of Municipalities and Town Panchayats and six thousand rupees in the case of Municipal Corporations. Accordingly, it is proposed to amend the Tamil Nadu District Municipalities Act, 1920, the Madras City Municipal Corporation Act, 1919, the Madurai City Municipal Corporation Act, 1971 and the Coimbatore City Municipal Corporation Act, 1981 suitably for the above purpose so as to enable the Government, to prescribe in the Election Rules the actual amount of deposits within the maximum amount now to be provided in the aforesaid Acts.2. The Bill seeks to give effect to the above decision.Published in Part IV-Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 28th August, 1996Statement of Objects and Reasons - City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of 1996). - The area comprising the City of Madras has been called as "Chennai" in Tamil from ancient days. This name has been employed by the people in different walks of life and it has thus been universally accepted. Keeping the universal acceptance of the name "Chennai" in view and keeping also the historical, social, cultural and other details of the City of Madras in view, the Government have taken a policy decision that Madras would be hereafter called "Chennai" in all languages, as against "Madras" and "Madharas" now being called in other languages.2. The Bill seeks to give effect to the above decision.Published in Part IV-Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated 31st August 1996.Statement of Objects and Reasons - Tamil Nadu District Municipalities (Amendment) Act, 1997 (Tamil Nadu Act 2 of 1997. - In exercise of the powers conferred by section 217-P of the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), the Government have, in G.O. Ms. No. 205, Municipal Administration and Water Supply, dated 2nd September 1996, authorised the Collectors of the Nilgiris, Dindigul-Mannar Thirumalai and Salem districts to exercise the powers vested in the State Government under the provisions of sections 217-D, 217-E and 217-F of the said Act, in respect of the hill stations in their districts so as to enable the Collector of the district concerned to grant licence for the construction or re-construction of building which satisfy the requirement of the Tamil Nadu District Municipalities (Hill Stations) Building Rules, 1993.2. For the purpose of Chapter X-A of the Tamil Nadu District Municipalities Act, 1920, a Committee called the Committee for Architectural and Aesthetic Aspects for all the hill stations in the State of Tamil Nadu had already been constituted under section 217-C(3)(a) of the said Act. As the powers of Government under sections 217-D, 217-E and 217-F have now been delegated to the Collectors, it is necessary to constitute District Level Committee to advise the Collector concerned in the exercise of the powers so delegated.3. The Government therefore decided to constitute a Committee called the Committee for Architectural and Aesthetic Aspects in each district, for all the hill stations in that district, in respect of which the powers of the Government have been delegated under section 217-P of the said Act. To give effect to the above decision, the Tamil Nadu District Municipalities (Amendment) Ordinance, 1996 (Tamil Nadu Ordinance 6 of 1996) was promulgated by the Governor on the 22nd October 1996 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 24th October 1996.4. The Bill seeks to replace the above said Ordinance.Published in Part IV-Section 3 of the Tamil Nadu Government Gazette Extraordinary, dated the 28th January 1997.Statement of Objects and Reasons - Tamil Nadu Municipal Lazos (Amendment) Act, 1997 (Tamil Nadu Act 3 of 1997). - While the terms of office of Chairmen and Vice-chairmen of all Town Panchayats and Municipalities and that of Mayors of Corporations were five years, the term of Deputy Mayors of Corporations alone was one year. With a view to have uniformity in the term of office of Mayors, Deputy Mayors, Chairmen and Vice-chairmen in all the Urban Local Bodies in the State, the Government decided to make the term of Deputy Mayors of all Corporations in the State also as five years.2. Further, the Government have to nominate members to each urban local body in addition to the councillors elected by the public. The Government decided not to nominate any member as that would have increased the strength of the councils and made it unnecessarily large.3. The term of office of Special Officers of Courtallam and Bhavanisagar Municipalities and Yercaud Town Panchayat for which elections were not conducted so far was to expire on the 31st December 1996. A proposal to re-constitute the local bodies as Town Panchayat and Panchayat Union, respectively is under consideration of Government. Since pending a decision on this proposal, it is not possible to conduct elections to these local bodies before the 31st December 1996 and therefore the Government decided to extend the term of office of Special Officers of these local bodies for a further period of six months from the 31st December 1996.4. The Chief Minister in a conference of all the Chairmen and Mayors of Urban Local Bodies in the State held at Chennai on the 30th November and 1st December 1996 announced the acceptance of some of the recommendations made by the work groups of chairpersons. He also announced that in pursuance of this, certain amendments to the Local Body Acts would be made by the promulgation of an Ordinance. Accordingly, the Government decided to amend the Acts governing the Corporations and Municipalities for the following purposes, namely:-(1) Constitution of an Appointments Committee in the Corporation of Chennai;(2) increasing the number of Standing Committees from three to six in all Corporations;(3) empowering the Government to entrust additional functions under the Corporations Acts to the Mayors;(4) empowering the Government to fix monetary limits for authorities of the Corporations for execution of works;(5) empowering the municipal councils to elect four councillors as members of the Taxations Appeals Committee in the Municipalities; and(6) increasing the period of three years for assessing the escaped assessment of property tax to six years.5. To give effect to the above said decisions, three Ordinances, namely, the Tamil Nadu Municipal Corporation Laws (Amendment) Ordinance, 1996 (Tamil Nadu Ordinance 5 of 1996), the Tamil Nadu Municipal Laws (Fifth Amendment) Ordinance, 1996 (Tamil Nadu Ordinance 8 of 1996) and the Tamil Nadu Municipal Laws (Sixth Amendment) Ordinance 1996 (Tamil Nadu Ordinance 12 of 1996) have been promulgated by the Governor on the 18th October 1996, 14th November 1996 and 27th December, 1996, respectively to amend the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971), the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981), the Tiruchirappalli City Municipal Corporation Act, 1994 (Tamil Nadu Act 27 of 1994), the Tirunelveli City Municipal Corporation Act, 1994 (Tamil Nadu Act 28 of 1994) and the Salem City Municipal Corporations Act, 1994 (Tamil Nadu Act 29 of 1994), suitably.6. This Bill seeks to replace the above said Ordinances.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Second Amendment) Act, 1997 (Tamil Nadu Act 65 of 1997. - In the Municipalities and Municipal Corporations, the property tax is levied based on the actual value which is generally being calculated on the basis of reasonable letting value of the buildings. A percentage of the annual value as fixed by the council within the maximum percentage prescribed in the respective Urban Local Bodies Acts is levied as property tax. This system of levying the property tax leads to arbitrary assessments and malpractices. Therefore, the Government have examined the whole issue, and have evolved a new and scientific method of assessment of tax and have decided to levy the property tax in all the Urban Local Bodies as indicated below:-(1) A basic tax rate would be arrived at for a class of buildings depending upon the existing property tax and the use of the building. Based on this, the tax for the total carpet area of that buildings will be worked out.(2) Additional basic tax will be added to the basic tax, depending upon the location and the type of construction of the building.(3) An amount would be reduced from the basic tax depending on age of the building.(4) The resulting amount will be the property tax for a half year.2. This new system of levying the property tax has been incorporated in the Tamil Nadu Urban Local Bodies Bill, 1997 (L.A. Bill No. 42 of 1997) which has been referred to the Select Committee and it is now under the consideration of the Select Committee. It is likely that it will take some more time to,get the said Tamil Nadu Urban Local Bodies Bill enacted and to frame the rules thereunder.3. The next general revision of the property tax in all the municipalities in-the State is due on the 1st October 1998. The Property Tax in the municipal corporations of Chennai, Madurai and Coimbatore was last revised on the 1st April 1993 and that in the then municipalities of Salem, Tiruchirappalli and Tirunelveli on the 1st October 1993. The Town Panchayats in the State which were brought under the Tamil Nadu District Municipalities Act in the year 1994, have to start levying the property tax as per the Tamil Nadu District Municipalities Act, 1920 instead of the house tax they had levied, previously. The property tax being one of the main sources of income for the Urban Local Bodies, there is urgent need to initiate timely action on the revision of property taX having regard to the rising cost of urban services, and also the property values. It is, therefore, considered necessary to undertake the general revision of property tax in all the Urban Local Bodies, from the dates to be notified by the Government.4. The Government have, therefore, decided to amend the Chennai City Municipal Corporation Act 1919 (Tamil Nadu Act IV of 1919), the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971) and the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981) suitably. The said Tamil Nadu Act 25 of 1981 is applicable to Tiruchirappalli, Tirunelveli and Salem Municipal Corporations.5. The Bill seeks to give effect to the above decision.Published in Part IV-Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated 17th October 1997.Statement of Objects and Reasons - The Tamil Nadu District Municipalities (Amendment) Act 1997 (Tamil Nadu Act 57 of 1997). - The term of office of Special Officers of Courtallam and Bhavanisagar. Municipalities and Yercaud Town Panchayat for which elections were not conducted so far was to expire on the 30th June 1997. A proposal to re-constitute these local bodies as Town Panchayats and Panchayat Union, respectively, was under consideration of Government. Therefore, it was not possible to conduct election to these local bodies before the 30th June 1997. Hence, the term of office of Special Officers of these local bodies were extended for a period of three months from the 30th June 1997 by promulgating the Tamil Nadu District Municipalities (Second Amendment), Ordinance, 1997 (Tamil Nadu Ordinance 5 of 1997) by the Governor on the 19th June 1997.2. In the meantime, the Government re-constituted Yercaud Town Panchayat as Panchayat Union and converted Courtallam and Bhavanisagar Municipalities as Town Panchayats. All preliminary arrangements for conduct of elections to these local bodies are in progress. As the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) will apply to the Yercaud Panchayat Union, it was decided to amend the Tamil Nadu District Municipalities Act, 1920. (Tamil Nadu Act V of 1920) for extending the term of office of the Special Officers of the Courtallam and Bhavanisagar Town Panchayats for a further period of three months beyond the 30th September 1997. Accordingly, the Tamil Nadu District Municipalities (Third Amendment) Ordinance, 1997 (Tamil Nadu. Ordinance 3 of 1997) was promulgated by the Governor on the 29th September 1997.3. The Bill seeks to replace the said Ordinances.Published in Part IV-Section 3 of the Tamil Nadu Government Gazette Extraordinary, dated the 15th October 1997.Statement of Objects and Reasons - Tamil Nadu District Municipalities (Amendment) Act, 1998 (Tamil Nadu Act 9 of 1998). - The Courtallam and Bhavanisagar Municipalities were downgraded as Town Panchayats with effect from the 13th August 1997. The extended term of Office of the Special Officers of these two Town Panchayats expired on the 31st December 1997.2. The preliminary arrangements such as division of wards, reservation of seats for Scheduled Castes and Scheduled Tribes and for women have been completed.3. Other arrangements like updating of electoral rolls, approval of polling stations are in progress. Since it was not possible to conduct elections to the said two Town Panchayats on or before the 31st December 1997, the date on which the term of Office of the Special Officers expired, it became necessary to extend the term of office of Special Officers. Hence the Government decided to extend the term of office of Special Officers of the Courtallam and Bhavanisagar Town Panchayat for a further period of six months beyond the 31st December 1997 and to amend the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), suitably. Accordingly, the Tamil Nadu District Municipalities (Fourth Amendment) Ordinance, 1997 (Tamil Nadu Ordinance 10 of 1997) was promulgated by the Governor on the 18th December 1997.4. The Bill seeks to replace the said Ordinance.Published in Part IV-Section 2 of the Tamil Nadu Government Gazette, Extraordinary, dated the 2nd April 1998.Statement of Objects and Reasons - Tamil Nadu District Municipalities (Second Amendment) Act, 1997 (Tamil Nadu Act 10 of 1998). - Permissions for construction of any building in hill areas were given after placing the building applications for approval before the Committee constituted for this purpose under the Chairmanship of the District Collectors concerned. This leads to hardship and delay for construction of even small buildings for residential purposes in hill areas.2. Therefore, for construction of residential buildings up to the plinth area of two hundred and fifty square metres aggregate in the ground floor and first floor, in Town Panchayats and Municipalities which are located in hill areas, the Government have decided to empower the concerned executive authorities of Municipalities and Town Panchayats in hill areas to grant building permission by amending the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), suitably. Accordingly, the Tamil Nadu District Municipalities (Fifth Amendment) Ordinance, 1997 (Tamil Nadu Ordinance 11 of 1997) was promulgated by the Governor on the 25th December 1997.3. The Bill seeks to replace the said Ordinance.Published in Part IV-Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 15th April 1998.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Amendment) Act, 1998 (Tamil Nadu Act 51 of 1998). - A large number of hoardings have been erected on the road sides and over the buildings in the City of Chennai and in other urban areas of the State without proper licence. This had led to serious inconvenience to pedestrians, traffic hazards, accidents and creating an unsafe environment to the general public. Therefore, it becomes necessary to regulate the erection of hoardings.2. The Government decided to make provisions in the urban local bodies Acts to regulate the erection of hoardings in the urban local areas by issue of licences and for removing the advertisements which do not comply with the regulations. As per the new provisions, the Commissioners and executive officers of all urban local bodies will have the power to issue licences for the erection of hoardings in the area comprising the jurisdiction of that local body. The Government also decided to levy tax on advertisements in the municipal areas by amending the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) on the lines of the Municipal Corporations Acts. Accordingly, the Government decided to amend the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), the Madurai City Municipal Corporation Act, 1981 (Tamil Nadu Act 15 of 1971) and the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981) suitably for the said purposes. The amendments made in the Coimbatore City Municipal Corporation Act. 1981 are applicable to the newly created Corporations of Tiruchirappalli, Tirunelveli and Salem also. To give effect to the above decisions, the Tamil Nadu Municipal Laws (Amendment) Ordinance, 1998 (Tamil Nadu Ordinance 2 of 1998) was promulgated by the Governor on the 23rd July 1998, and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 23rd July 1998.3. The Government in the year 1985 decided to acquire the hoardings and to lease them to private individuals with a view to control the haphazard growth of hoardings in the urban local bodies. Accordingly, the Government enacted the Tamil Nadu Acquisition of Hoardings Act, 1985 (Tamil Nadu Act 39 of 1985) and the same was made applicable in the first instance to the City of Chennai only. However, a batch of writ petitions were filed in the High Court challenging the Act. The High Court upheld the provisions of the Act to acquire the hoardings in public places and suggested to make provisions to regulate the hoardings erected in private places. Against this, a few advertisers filed Special Leave Petitions in the Supreme Court. The Supreme Court while admitting Special Leave Petitions ordered on the 6th September 1996, status quo regarding the renewed leases. Inasmuch as the Government have taken a decision to regulate the hoardings, whether in public or private places in the urban local bodies, the said Tamil Nadu Ordinance 2 of 1998 was promulgated for the purpose. In view of this, it has now been decided to repeal the said Tamil Nadu Act 39 of 1985 by incorporating suitable provision in the proposed legislation.4. The Bill seeks to replace the said Ordinance and to give effect to the above decision.Published in Part IV-Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 24th November, 1998.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Second Amendment) Amendment Act, 1998 (Tamil Nadu Act 34 of 1998). - The Municipal Laws relating to Municipalities and Municipal Corporations have been amended by the Tamil Nadu Municipal Laws (Second Amendment) Act, 1997 (Tamil Nadu Act 65 of 1997) for the levy of property tax by adopting a new and scientific method of assessment of tax. While discussing with the representatives of urban local bodies and the Heads of Departments regarding levy of property tax under the new system, it has been, suggested that the following further amendments have to be made in the Municipal and Corporation Acts, namely:-(1) As per the existing provision, the buildings constructed in contravention of the building rules will not be assessed to property tax, which will result a huge loss of revenue to the urban local bodies. Therefore, it has been decided to delete the said provision.(2) It has been decided to empower the councils of urban local bodies to exempt from levy of property tax any building having carpet area not exceeding one hundred square feet, constructed with mud walls and thatched roof subject to such rules as may be made by the Government.(3) It has been also decided to make provision to the effect that the person preferring appeal against the orders of Taxation Appeals Tribunal or the Taxation Appeals Committee, as the case may be, shall continue to deposit the property tax with the local body as decided by the said Tribunal or the Committee, as the case may be, till the disposal of the appeal by the District Judge in order to reduce the arrears in property tax.2. Further it has also been decided to make provisions for the following purposes, namely:-(a) where there is any land with building and if the extent of the land left vacant twice the plinth area of the building, the property tax shall be levied, on the vacant land which exceeds twice the plinth area of the building at the rate fixed by the Council and no property tax on any land shall be levied if the extent of such land with or without any building thereon, does not exceed two thousand and four hundred square feet;(b) to impose penalty for non-filing of self-assessment return by the owner or occupier of the building or land;(c) to levy education tax under the municipal laws instead of levying such tax under the Tamil Nadu Elementary Education Act, 1920 (Tamil Nadu Act VIII of 1920).(3) Inasmuch as the said Tamil Nadu Act 65 of 1997 has not yet been brought into force it has been decided to amend the said Act suitably for the above purposes.4. The Bill seeks to give effect to the above decisions.Published in Part IV Section 1 of the Tamil Nadu Government Extraordinary, dated the 28th May 1998.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Second Amendment) Act, 1998 (Tamil Nadu Act 51 of 1998). - At present, the profession tax in all the urban local bodies is being collected under the provisions contained in a special Act called "The Tamil Nadu Tax on Professions, Trades, Callings and Employments Act, 1992". As the traders had expressed certain reservation to some provisions of the said Act, the Government constituted a Committee to review the said Act. The Committee submitted its report to the Government on 2nd September, 1998. The Committee has, in its report, made the following major recommendations:-(1) The existing Special Act (1992) may be repealed and suitable provisions for collection of profession tax may be incorporated in the Municipal and Corporation Acts.(2) Profession Tax may be collected from the salaried people as well as from traders and other professionals on the basis of income.(3) There would be no profession tax leviable from individuals whose income falls below Rs. 15,000 per half-year. The Government have decided to raise this exemption limit to Rs. 21,000 per half-year.(4) The local bodies themselves shall increase the rate of profession tax once in five years within a minimum of 25 per cent and a maximum of 35 per cent.(5) The profession tax shall be paid for every half-year. If the profession tax is not paid within that half-year period, a penalty shall be collected at the rate of 2 per cent for every month. But, the Government have decided to collect penalty at the rate of 1 per cent for every month(6) The traders and professionals other than the salaried people shall file a self assessment return in the form prescribed to the urban local body along with paying the first half-year tax, if it is found later that the particulars furnished by them are incorrect 100 per cent of the difference in tax shall be levied as penalty.(7) Many of the traders and other professionals have not paid the tax so far from the year 1992, i.e., the year from which the existing Act came into force. Therefore, they may be permitted to remit the tax by filing a "Return" as prescribed in the new system. But they should furnish the details of the amount due by them to the urban local body in a return before 31st December, 1998. Then they may be permitted to pay the due as per the rates prescribed in the existing Act for a half year along with the current half-year.(8). These recommendations may be given effect from the 1st October, 1998.2. The Government after examining the report of the Committee have decided to accept the recommendations of the Committee and to amend the Municipal and Corporations Act suitably. Accordingly, the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), the Tamil Nadu District Municipalities Act 1920 (Tamil Nadu Act V of 1920), the Madurai City Municipal Corporation Act, 1917 (Tamil Nadu Act 15 of 1971), and the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981) have been amended for this purpose. The amendments incorporated in the Coimbatore City Municipal Corporation Act, 1981, will apply mutatis mutandis to the newly created Tiruchirappalli, Tirunelveli and Salem Corporations.3. The Bill seeks to achieve the above said objects.Published in Part IV-Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 27th May 1998.Statement of Objects and Reasons - Tamil Nadu Urban Local Bodies (Amendment) Act, 1999 (Tamil Nadu Act 54 of 1999). - A simplified procedure for the levy and collection of profession tax with effect from the 1st October 1998 was introduced in the Acts applicable to the corporations, municipalities and town panchayats by the Tamil Nadu Municipal Laws (Second Amendment) Act, 1998 (Tamil Nadu Act 59 of 1998). As the existing Acts applicable to the said corporations, municipalities and town panchayats will stand repealed when the Tamil Nadu Urban Local Bodies Act, 1998 (Tamil Nadu Act 9 of 1999) is brought into force, it has been decided to incorporate the said provisions in the said Tamil Nadu Act 9 of 1999.2. The Tamil Nadu State Election Commission has, among other things, suggested to make the intention clear that the expression "While undergoing the sentence" occurring in sub-section (4) of section 12 of the Act may be substituted by the expression "While the sentence is in force", based on the observation of the High Court Chennai in an election petition. Further, it has been proposed to avail the opportunity to make certain modifications and improvements in the said Act.3. The Government have therefore decided to amend the Tamil Nadu Urban Local Bodies Act, 1998 (Tamil Nadu Act 9 of 1999) suitably.4. The Bill seeks to give effect to the above decision.Published in Part IV-Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 19th November, 1999.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Amendment) Act, 2000 (Tamil Nadu Act 26 of 2000). - In the year 1998, the Government repealed the Tamil Nadu Acquisition of Hoardings Act, 1985 which provided for acquisition of hoardings by the Government in the urban local bodies, and made provisions in the existing Municipal and Corporation Acts to regulate the erection of such hoardings by issue of licence in accordance with the rules issued by the Government. This Act incidentally also became a compliance to High Court direction while disposing of a batch of writ petitions directing the Government to come out with a scheme to regulate such hoardings. However, against this new legislation, certain persons filed writ petitions in the High Court of Chennai and obtained stay for the provision relating to issue of licence by urban local bodies. This case is still pending disposal by the High Court.2. While the State has thus not been able to successfully implement any scheme for regulating the hoardings, the Supreme Court, New Delhi has delivered a Judgement in the year 1998 directing the authorities to remove all hoardings in Delhi which are on road sides and therefore are hazardous and disturbance to safe traffic movement. The Government examined the whole case of regulating hoardings in the light of this Judgement of the Supreme Court and have now decided to amend the Urban Local Bodies Acts in conformity with the Judgement of the Supreme Court.3. Accordingly, the Government have decided to amend the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu 15 of 1971), the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981) and the Tamil Nadu Urban Local Bodies Act, 1998 (Tamil Nadu Act 9 of 1999) for the purpose to make a provision for removal of the hoardings erected within municipal limits on public or private or municipal or Government lands which are visible to the traffic on the road irrespective of whether they are on the road side or not.4. The Bill seeks to give effect to the above decision.Published in Part IV-Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 17th May, 2000.Statement of Objects and Reasons - Tamil Nadu Urban Local Bodies (Suspension of Operation) Act, 2000 (Tamil Nadu Act 33 of 2000). - The Tamil Nadu Urban Local Bodies Act, 1998 (Tamil Nadu Act 9 of 1999) and the rules made thereunder were brought into force with effect from the 1st August 2000. However, representation have been received from certain local bodies requesting time to study the Act and Rules before their actual implementation. In order to allow time for the local bodies to study the provisions of the Act and Rules and to suggest changes, if necessary, and to dispel the doubts that linger on, the Government have decided to suspend the operation of the said Tamil Nadu Urban Local Bodies Act, 1998 and the rules made thereunder and to revive the operation of enactments and the rules, etc., repealed by the said Act, so as to enable the local bodies to carry out all the activities under the provisions of the revived enactments and the rules, etc., and to function as before that is to say, prior to the 1st August 2000. To give effect to the above decision, the Tamil Nadu Urban Local Bodies (Suspension of Operation) Ordinance, 2000 (Tamil Nadu Ordinance 5 of 2000) was promulgated by the Governor on the 23rd August 2000 and the same was published in Tamil Nadu Government Gazette, Extraordinary, dated the 23rd August 2000.2. The Bill seeks to replace the said Ordinance.Published in Part IV-Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated 7th December 2000.Statement of Objects and Reasons - Tamil Nadu Municipal Lazos (Amendment) Act, 2001 (Tamil Nadu Act 22 of 2001). - As the election to the Municipal Corporations and Municipalities to be conducted shortly, the Tamil Nadu State Election Commission has suggested the following amendments to the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971) and the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981):-(1) To increase the period of limitation for filing an election petition from fifteen days to forty-five days;(2) To empower the Tamil Nadu State Election Commission to disqualify a person for being elected as, and for being, a councillor or Chairperson, as the case may be, for a period of three years from the date of the order, for his failure to lodge the account of election expenses; and(3) To make the intention clear that the expression "while undergoing the sentence" occurring in the relevant provisions of the aforesaid Acts may be substituted by the expression "while the sentence is in force" based on the observation of the High Court, Madras in an election petition.2. The Government have accepted the above suggestions of the Tamil Nadu State Election Commission taking into account the relevant provisions of the Representation of the People Act, 1951 (Central Act XLIII of 1951) and decided to amend the aforesaid Tamil Nadu Acts suitably.3. The Bill seeks to give effect to the above decision.Published in Part IV-Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated 12th September 2001.Statement of Objects and Reasons - Tamil Nadu Municipal Lazos (Amendment) Act, 2002 (Tamil Nadu Act 29 of 2002). - The Chairman of the Municipalities and Town Panchayats have to perform all the duties and exercise all the powers specifically imposed or conferred on them under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920). By virtue of their office as such Chairman, they shall be Members of the Council concerned and every Committee of such Council. In the absence of Chairman, the Vice-Chairman has to exercise the powers and perform the functions of the Chairman. The Mayor and Deputy Mayor of Corporation shall exercise similar powers and discharge similar duties under the respective Acts of the Corporation. If a Member of either House of a Parliament or a Member of the Legislative Assembly of the State is elected as Chairman or Vice-Chairman of a Municipality or a Town Panchayat or Mayor or Deputy Mayor of a Corporation, it will not be possible for him to discharge his duties and responsibilities more effectively.2. Certain Members of the Legislative Assembly of the State and Chairman of Panchayat Union Council have also represented to the Government to debar, the Member of the Legislative Assembly of the State and Member of Parliament to contest for election of Chairman and Deputy Chairman in the local bodies. The Tamil Nadu State Election Commission has forwarded the above representations for consideration of the Government.3. The Government, after careful consideration of the representations and the provisions contained in the Constitution of India, have decided to disqualify the member of the Legislative Assembly of the State and Member of either House of Parliament for being elected as, and for being, a Mayor or Deputy Mayor of a Municipal Corporation or Chairman or Vice-Chairman of a Municipality or of a Town Panchayat and to amend the following Acts suitably for the purpose:-(1) The Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919)(2) The Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920)(3) The Madurai City Municipal Corporation Act, 1971 (Tamil Nadu 15 of 1971)(4) The Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981)4. The Bill seeks to give effect to the above decision.Published in Part IV-Section 1 of the Tamil Nadu Government Gazettee Extraordinary, dated 22nd April 2002Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Second Amendment) Act, 2002 (Tamil Nadu Act 31 of 2002). - In the Acts governing the Municipal Corporations, Municipalities and Town Panchayats in this State, there is no specific provision requiring the Mayor, Deputy Mayor or Councillor of Municipal Corporations and the Chairman, Vice-Chairman or Councillor of Municipalities and Town Panchayats to obtain the permission of the Government before undertaking a trip to any foreign country in his official capacity. However, by convention, the holders of the aforesaid offices are seeking the permission of the Government before they leave for abroad. It has been considered necessary to make a specific provision in the Acts concerned providing for the above purpose and the penalty for violation of such provision.2. The Government have, therefore, decided to amend the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971), the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981) and the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) suitably for the purpose. As the provisions of the Coimbatore City Municipal Corporation Act, 1981 are applicable to the Tiruchirappalli, Tirunelveli and Salem Municipal Corporations also by virtue of section 8 of the respective Acts governing those Municipal Corporations, the amendments to be made to the said Tamil Nadu Act 25 of 1981 will stand extended to the said Municipal Corporations.3. The Bill seeks to give effect to the above decision.Published in Part IV-Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 9th May 2002.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Second Amendment) Act, 2002 (Tamil Nadu Act 53 of 2002). - The Acts governing the Municipal Corporations and Municipalities including Town Panchayats in this State were amended by the Tamil Nadu Municipal Laws (Second Amendment) Act, 2002 (Tamil Nadu Act 31 of 2002) to make specific provisions requiring the Mayor, Deputy Mayor or Councillor of Municipal Corporation and the Chairman, Vice-Chairman or Councillor of Municipality including Town Panchayat to obtain the permission of the Government before undertaking a trip to any foreign country in his official capacity and to provide for a penalty of fine not exceeding one thousand rupees for undertaking a trip to any foreign country by any such elected representative without the permission of the Government. The said Tamil Nadu Act 31 of 2002 has not yet been brought into force.2. It is felt that the said penalty of fine not exceeding one thousand rupees for undertaking a trip to any foreign country by the elected representatives of the Municipal Corporations and Municipalities in their official capacity without the permission of the Government is too low. The Government have, therefore, decided to enhance the said penalty to fifty thousand rupees and also to make a provision enabling the Government to remove, by notification, any such elected representative who is convicted twice for violation of such provision. To give effect to the above decision, it has been decided to amend the said Tamil Nadu Act 31 of 2002.3. The Bill seeks to give effect to the above decisions.Published in Part IV-Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 30th October 2002.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Amendment) Act, 2003 (Tamil Nadu Act 19 of 2003). - The Chairman of the Municipalities and Town Panchayats have to perform all the duties and exercise all the powers specifically imposed or conferred on them under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920). By virtue of their office as such Chairman, they shall be members of the Council concerned and every Committee of such Council. In the absence of Chairman, the Vice-Chairman has to exercise the powers and perform the functions of the Chairman. The Mayor and Deputy Mayor of Corporation shall exercise similar powers and discharge similar duties under the respective Acts of the Corporation. If a Member of either House of a Parliament or a Member of the Legislative Assembly of the State is elected as Chairman or Vice-Chairman of a Municipality or a Town Panchayat or Mayor or Deputy Mayor of a Corporation it will not be possible for him to discharge his duties and responsibilities more effectively.2. Certain Members of the Legislative Assembly of the State and Chairman of Panchayat Union Council have also represented to the Government to debar the Member of the Legislative Assembly of the State and Member of Parliament to contest for election of Chairman and Deputy Chairman in the local bodies. The Tamil Nadu State Election Commission has forwarded the above representations for consideration of the Government.3. The Government, after careful consideration of the representations and the provisions contained in the Constitution of India, have decided to disqualify the member of the Legislative Assembly of the State and Member of either House of Parliament for being elected as, and for being, a Mayor or Deputy Mayor of a Municipal Corporation or Chairman or Vice-Chairman of a Municipality or of a Town Panchayat and to amend the following Acts suitably for the purpose:-(1) The Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919)(2) The Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920)(3) The Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971).(4) The Coimbatore City Municipal Corporation Act, 19 81 (Tamil Nadu Act 25 of 1981).4. The Bill seeks to give effect to the above decision.Published in Part IV-Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated 19th May 2003.Statement of Objects and Reasons - The Tamil Nadu District Municipalities (Second Amendment) Act, 2004 (Tamil Nadu Act 21 of 2004). - The Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) has been amended by the Tamil Nadu District Municipalities (Amendment) Ordinance, 2004 (Tamil Nadu Ordinance 7 of 2004) to change the nomenclature "panchayat town" and "town panchayat", wherever they occur, as "transitional area" and "Third Grade Municipality", respectively. Under section 3-B of the said Act as so amended, the Government may declare the area of a village panchayat as a transitional area and shall constitute a Third Grade Municipality for such transitional area.2. Section 4-A of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994), which is a special provision relating to town panchayat constituted as village panchayat, provides that the chairman and members of a town panchayat holding office as such immediately before the date of constitution of such town panchayat as village panchayat shall be deemed to be the elected. President and Members of such village panchayat and such President and members shall continue to hold office up to such date as the Government may, by notification, fix in this behalf or in case no such date is fixed, up to the date on which their term of office would expire under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), if they had been elected as Chairman and Members of the town panchayat, and such President and Members shall exercise all powers and perform all duties conferred on the President and Members by or under the provisions the said Tamil Nadu Act 21 of 1994. The said section 4-A of the said Act also provides that all the employees of the town panchayat shall be the employees of such village panchayat.3. The Government decided that provisions similar to section 4-A of the said Tamil Nadu Act 21 of 1994 may be incorporated in the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) so that whenever an area of a village panchayat is declared as a transitional area and a Third Grade Municipality is constituted for such area under the said section 3-B of the said Tamil Nadu Act V of 1920, the President and Members of such village panchayat shall be the Chairman and Members of such Third Grade Municipality and the employees of such village panchayat shall be the employees of such Third Grade municipality and also to amend the said Tamil Nadu Act V of 1920, suitably, for the purpose. Accordingly, the Tamil Nadu District Municipalities (Second Amendment) Ordinance, 2004 (Tamil Nadu Ordinance 8 of 2004) was promulgated by the Governor on the 1st July 2004 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 1st July 2004.4. The Bill seeks to replace the said Ordinance.Published in Part IV-Section 3 of the Tamil Nadu Government Gazette Extraordinary, dated the 31st July 2004.Statement of Objects and Reasons - The Tamil Nadu District Municipalities (Amendment) Act, 2004 (Tamil Nadu Act 23 of 2004). - According to sub-section (1) of section 3-B of the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), the Governor may, by notification, classify and declare every local area comprising a revenue village or villages or any portion of a revenue village contiguous portions of two or more revenue villages and having a population estimated at not less than five thousand and an annual income of not less than one lakh of rupees as panchayat town for the purpose of that Act. According to sub-section (2) of the said section 3-B, in every panchayat town there shall be established a town panchayat.2. The Government decided that the nomenclature "panchayat town and "town panchayat" shall be changed as "transitional area" and "Third Grade Municipality", respectively. The Government further decided that only a local area having population estimated at not less than thirty thousand shall be classified and declared as a transitional area and that in every such transitional area there shall be established a Third Grade municipality. The Government also decided that the municipalities constituted under section 4 of the said Act be classified as Special Grade Selection Grade, First Grade and Second Grade for the purpose of effective administration of the said Municipalities, in accordance with the norms to be prescribed in the rules. To give effect to the above decisions, it was decided to amend the said Act. Accordingly, the Tamil Nadu District Municipalities (Amendment) Ordinance, 2004 (Tamil Nadu Ordinance 7 of 2004) was promulgated by the Governor on the 12th June 2004 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 14th June 2004.3. The Bill seeks to replace the said Ordinance.Published in Part IV-Section 3 of the Tamil Nadu Government Gazette Extraordinary, dated the 31st July 2004.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Amendment) Act, 2006 (Tamil Nadu Act 18 of 2006). - At present election to the municipalities and municipal corporations are conducted on party basis. It has been brought to the notice of the Government that the councils of certain municipalities and municipal corporations are not functioning properly since the chairman or, as the case may be, the mayor belongs to one party and majority of councillors belong to a different party. It is considered that if the mayor of a corporation or the chairman of a municipality enjoys the support of majority of councillors, the council can function in a better manner. Therefore, the Government decided to elect the mayors of the corporations and chairman of the municipalities including, Third Grade Municipalities and town panchayats indirectly by councillors or members, as the case may be, from among themselves.2. The next ordinary elections to the municipal corporations, municipalities including Third Grade Municipalities and town panchayats have to be conducted before the 24th October 2006 as the present term of the councils of the said municipal corporations and municipalities are due to expire on 24th October 2006. The ward-wise 2001 census figures were received recently. If fresh delimitation of division or wards are taken up based on the 2001 census figures, the ordinary election to the said municipal corporations and municipalities cannot be conducted before the 24th October 2006. It is considered that it would be proper to take up delimitation of divisions or wards of the municipal corporations and municipalities after the delimitation of Parliamentary and Assembly Constituencies. The Government, therefore, decided to conduct the ordinary elections to all the municipal corporations and municipalities including third grade municipalities and town panchayats to be held before the 24th October 2006, based on the existing territorial area of the divisions or wards, total number of wards and total number of councillors or members to be returned from such divisions or wards.3. The Government have also decided that the special village panchayats constituted under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) be constituted as town panchayats under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920).4. To give effect to the above decisions, the Government decided to amend the laws relating to the municipal corporations and municipalities, suitably.5. Accordingly, the Tamil Nadu Municipal Laws (Amendment) Ordinance, 2006 (Tamil Nadu Ordinance 4 of 2006) was promulgated by the Governor on the 14th July 2006 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 14th July 2006.6. The Bill seeks to replace the said Ordinance.Published in Part IV-Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 22nd August 2006.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Amendment) Act, 2007 (Tamil Nadu Act 37 of 2007). - Of late, large number of no confidence motions are received against the chairmen and vice-chairmen of municipalities and town panchayats. Such large number of no confidence motions are unprecedented in the long history of the local bodies administration of this State. This may be due to better awareness of the provisions of the statutes on this issue or may be due to the growing intolerance among the elected representatives of the urban local bodies, out of political or personal reasons. However, it may also be attributed to unethical practices. This trend tends to divert the focus and attention of the council and administration from the real issues concerning the welfare of the people such as basic civic needs, infrastructure facilities and other development oriented initiatives and activities. As a result, smooth and cordial atmosphere of the councils of the concerned urban local bodies is disturbed and also the conduct of the meetings of the said councils is affected. This also tends to affect the administration of the urban local bodies. Though moving and passing of no-confidence motions are considered to be democratic rights, frequent use and misuse of the same will affect the very same democracy.2. The Government have, therefore, decided to curb the above undesirable trend and accordingly decided to make the provisions relating to moving and passing of no-confidence motions more stringent by amending the laws relating to the urban local bodies. The Government have also decided to abate all motions made expressing want of confidence and pending before any officer, authority, or the Government, immediately before the 4th October 2007. Accordingly, the Tamil Nadu Municipal Laws (Amendment) Ordinance, 2007 (Tamil Nadu Ordinance 5 of 2007) was promulgated by the Governor on the 4th October 2007 and the same was published in the Tamil Nadu Government Gazette, Extraordinary dated the 4th October 2007.3. The Bill seeks to replace the said Ordinance.Published in Part IV-Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 18th October 2007.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Second Amendment) Act, 2008 (Tamil Nadu Act 35 of 2008). - At present there is no specific provision in the Acts governing urban local bodies to grant paid holidays on the day of poll, to those who are employed in any business, trade, industrial undertakings or other establishments and are entitled to vote at election to such urban local bodies. In view of that, during the urban local body elections, traders, industrial undertakings and other establishments do not grant paid holidays to their employees on the day of poll. The Tamil Nadu State Election Commission has requested the Government to make necessary provisions in the Acts governing urban local bodies to grant a holiday on the day of poll. Therefore, the Government have decided to make specific provision in the Acts governing urban local bodies, casting a duty upon the business, trade, industrial undertakings and other establishments to grant paid holiday on the day of poll to their employee who are entitled to vote at election to such urban local bodies and also to specify penalty for contravention thereof, on the lines of the provisions contained in section 135-B of the Representation of People Act, 1951 (Central Act 43 of 1951).2. The Bill seeks to give effect to the above decisions.Published in Part IV-Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 6th May 2008.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Third Amendment) Act, 2008 (Tamil Nadu Act 36 of 2008). - The Second State Finance Commission in its report has inter alia stated that at present no legal measure can be taken, if the property tax claim is more than six years old. The said Commission has, therefore, recommended that the time limit to initiate legal proceedings may be enhanced to twelve years.2. The Government have examined the above recommendation of Second State Finance Commission and decided to enhance the limitation period to make distraint, institute suit, commence prosecution in respect of any tax or other sum due as twelve years, by amending the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971), the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981) and the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) suitably for the purpose. As the provisions of the Coimbatore City Municipal Corporation Act, 1981 are applicable to the Tiruchirappalli, Tinmelveli, Salem, Tiruppur and Erode Municipal Corporations also by virtue of section 8 of the respective Acts governing those Municipal Corporations, the amendments to be made to the said Tamil Nadu Act 25 of 1981 will stand extended to the said Municipal Corporations.3. The Bill seeks to give effect to the above decision.Published in Part IV-Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 6th May 2008.Statement of Objects and Reasons - Tamil Nadu Municipal Laivs (Fourth Amendment) Act, 2008 (Tamil Nadu Act 24 of 2008). - The Acts governing the Urban Local Bodies in the State were amended by the Tamil Nadu Municipal Laws (Amendment) Act, 2003, (Tamil Nadu Act 19 of 2003), to empower the District Collector to grant licence for hoardings and to make the Government as the appellate authority. By the said amending Act, amendments were also made to empower the Government to prescribe by rules the advertisement tax on hoardings subject to the maximum and minimum specified in the Act concerned and credit the licence fees and seventy-five per cent of the advertisement tax on hoardings to the Government account and the balance of twenty-five per cent on such advertisement tax to the account of the urban local body concerned.2. The Government have now decided that the licence fee and advertisement tax in respect of the hoardings shall be credited into the account of the urban local body concerned. It has been decided to amend the relevant Acts for the purpose.3. The Bill seeks to give effect to the above decision.Published in Part IV-Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 13th May 2008.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Fifth Amendment) Act, 2008 (Tamil Nadu Act 37 of 2008). - Government of India have launched the Jawaharlal Nehru National Urban Renewal Mission, under which financial assistance is provided to the States, to undertake urban infrastructure development projects. The said Jawaharlal Nehru National Urban Renewal Mission requires the State Governments and Urban Local Bodies (ULBs) to undertake certain reforms as a precondition to access funds under the Mission. These reforms are aimed at improving local governance, including accountability and transparency in administration.2. As part of the mandatory reforms, the States are required to enact a law to ensure maintenance of records and periodical disclosure of certain information to the public. Accordingly, the Government have decided to suitably amend the Acts governing urban local bodies of the State, to ensure maintenance of records and disclosure of information, by the urban local bodies, to the public at prescribed intervals of time. Details of information to be disclosed, manner of disclosure, intervals of time for disclosure, etc., and all connected matters are proposed to be provided in the Rules.3. The Bill seeks to give effect to the above decision.Published in Part IV- Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 13th May 2008.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Sixth Amendment) Act, 2008 (Tamil Nadu 38 of 2008). - The Government constituted a High Level Committee under the Chairmanship of Honourable Minister for Rural Development and Local Administration, to examine and give recommendations on devolution of more powers and functions upon Urban Local Bodies.2. The said High Level Committee has recommended, among others, that the Acts governing urban local bodies of the State may be suitably amended to prescribe Mayors of City Municipal Corporations as an authority under the said Acts. The Committee has also given certain recommendations regarding prerogatives of the Mayor, relating to, access to records of the Corporation, important correspondences between Corporation and Government and also regarding entrustment of additional functions to Mayor.3. The said High Level Committee has also recommended that the financial power of the Contract Committee of the Municipalities may be enhanced up to Rs. 50,000.4. The Government have, therefore, decided to accept the above recommendations of the said High Level Committee and to amend the Acts governing urban local bodies suitably, for this purpose.5. The Bill seeks to give effect to the above decision.Published in Part IV-Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 13th May 2008.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Seventh Amendment) Act, 2008 (Tamil Nadu Act 57 of 2008). - The National Commission for Scheduled Caste and Scheduled Tribes in its Seventh Report has recommended the following:-"In case of elective offices such as Parliament/Legislative Assembly/Municipal Corporation/Panchayat, the false caste certificate holder should be immediately sacked from the post/chair and must be debarred from contesting election for at least 6 years, besides the punishment provided under law."2. The Government of India have requested the State Government to take suitable action, on the above said recommendation. Therefore, the Government have decided to amend the laws relating to Municipal Corporations and Municipalities in the State, so as to give effect to the said recommendation of the National Commission for Scheduled Caste and Scheduled Tribes.3. The Bill seeks to give effect to the above decision.Published in Part IV-Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 12th November 2008.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Amendment) Act, 2009 - Tamil Nadu Act No. 15 of 2009, dated 05.08.2009. - Section 81(3)(a) of the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), Section 120(4)(a) of the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971) and Section 121(4)(a) of the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981), provide for the levy of property tax on vacant lands which are not used exclusively for agricultural purposes and are not occupied by, or adjacent and appurtenant to, buildings, based on the capital value of the said lands.2. The Third State Finance Commission has recommended that the said Sections may be amended suitably on the lines of Rule 114 of the Tamil Nadu Urban Local Bodies Rules, 2000 (which has been kept under suspension ), so as to levy the property tax subject to the minimum and maximum rates per square feet fixed by the Government, instead of fixing the said tax based on the capital value of the vacant lands. The High Level Committee constituted to examine devolution of more powers on Urban Local Bodies has also recommended that necessary action may be pursued to implement the said recommendation of the Third State Finance Commission.3. The Government have accepted the said recommendation of the Third State Finance Commission and the High Level Committee, and decided to amend the said Acts suitably for the purpose. The Government have also decided to repeal the Tamil Nadu Municipal Laws (Second Amendment) Act, 1997 (Tamil Nadu Act 65 of 1997) as amended by Tamil Nadu Act 34 of 1998 by which the said Tamil Nadu Acts IV of 1919, V of 1920,15 of 1971 and 25 of 1981 were amended.4. The Bill seeks to give effect to the above decisions.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Second Amendment) Act, 2009 - Tamil Nadu Act No. 10 of 2009, dated 03.08.2009. - As per the provisions of the Acts governing the urban local bodies, the municipal corporation and the municipality may levy a tax on profession, trade, calling and employment on every company which transacts business and on every person who is engaged actively or otherwise in any profession, trade, calling or employment.2. The income of a person doing the same business in one or more places in the same name within corporation or municipality can be dubbed together for the purpose of levy of profession tax. As the profession tax is the income for the benefit of the local bodies, the Government have decided to make explicit provisions in the said Acts to the effect that each branch or unit of a company, Hindu undivided family, firm, corporation, other corporate body, society, club, body of persons and association which transacts business within the corporation limit and within the municipal area shall pay a tax on any profession, trade, calling and employment, levied by the corporation or municipality, as the case may be, by amending the said Acts.3. The Bill seeks to give effect to the above decision.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Amendment) Act, 2010 - Tamil Nadu Act No. 35 of 2010, dated 26.11.2010. - In order to strengthen the Municipal Governments and institutionalize citizens' participation in municipal function, it has been decided to empower the councils of Municipal Corporations and municipal councils to constitute a Wards Committee for each ward of the Urban Local Bodies with the elected councillor as the chairperson of the said committee with members nominated by the council. It has also been decided to empower the councils of Municipal Corporation and municipal councils to constitute an Area Sabha for each area of the ward with the elected councillor of the ward, to be the chairperson and convener of the Area Sabha. It has been decided to amend the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), the Chennai City Municipal Corporation, 1919 (Tamil Nadu Act IV of 1919), the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act, 15 of 1971) and the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981) suitably for the above purpose. Accordingly, the Tamil Nadu Municipal Laws (Amendment) Ordinance, 2010 (Tamil Nadu Ordinance 6 of 2010) was promulgated by the Governor on the 28th October 2010 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 29th October 2010.2. The Bill seeks to replace the said Ordinance.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Amendment) Act, 2011 - Tamil Nadu Act No. 2 of 2011, dated 05.02.2011. - The 'Digital Banners' are presently covered under the definition of 'Hoarding' in the Urban Local Bodies Acts. As the digital banners and placards are used for specific purpose for a specified period, the Government have decided that a separate provision may be made in respect of digital banners and placards and in order to effectively regulate the erection of digital banners and placards, suitable provisions for obtaining prior permission from the authorities, period of display, removal of such unauthorized structures, safe and proper removal and disposal of such materials after the expiry of the period for which permission has been granted, etc., may be made in the Urban Local Bodies Act. Accordingly, it has been decided to amend the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971), the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981) and the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) suitably for the above purpose.2. The Bill seeks to give effect to the above decision.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Second Amendment) Act, 2011 - Tamil Nadu Act No. 15 of 2011, dated 06.09.2011. - At present, the Mayors of the Municipal Corporations and Chairpersons of the Municipalities, are elected by the Councillors from among themselves. It has been brought to the notice of the Government that most of the Mayors or the Chairpersons are merely concentrating in the development of their respective ward from where they are elected, instead of concentrating on the development of the entire Corporation or Municipal areas. Therefore, the Government have decided to change the method of election of Mayor or Municipal Corporation and Chairperson of Municipality, from indirect to direct one, which will facilitate to better administration of the Corporations and Municipalities and resulting in more efficient and quick delivery of civic services to the people. The Government have, therefore, decided to amend the laws relating to Municipal Corporations and Municipalities suitably.2. The Bill seeks to give effect to the above decision.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Third Amendment) Act, 2011 - Tamil Nadu Act No. 16 of 2011, dated 06.06.2011. - The next ordinary election to the Municipal Corporations, Municipalities and town Panchayats have to be conducted before 24th day of October 2011. The question of fixation of ward strength with reference to 2001 population census figures and consequent delimitation of wards was taken up by the Commissioners of Municipal Corporations and Executive officers of Municipalities and Town Panchayats. However, the delimitation work has yet to be completed in respect of Tirunelveli and Salem Municipal Corporations and in respect of majority of Municipalities and in all town Panchayats in this State. As such, the delimitation work cannot be completed within the time available before 25th October 2011. The government have, therefore, decided to conduct the said ordinary election, based on the existing territorial area of the divisions or wards, total number of wards and total number of Councillors, or members to be returned from such wards/divisions, in respect of urban local bodies for which delimitation work has not yet ben completed and to amend relevant urban local bodies Acts, suitably in this regard.2. The Bill seeks to give effect to the above decisions.Statement of Objects and Reasons - Tamil Nadu District Municipalities (Amendment) Act, 2011 - Tamil Nadu Act No. 17 of 2011, dated 06.09.2011. - According to the First Proviso to sub-section (1) of Section 7 of the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act

5 of 1920

), the number of councillors to a Municipal council notified by the Government under the said Section 7 shall not be less than twenty. But, in some of the recently reclassified Third Grade Municipalities and Town Panchayats as Municipalities, the number of councillors are less than twenty. Since it would not be possible to increase the number of councillors to the minimum as specified in the above provision in respect of such municipalities before the ordinary elections to the Local Bodies scheduled during September 201L in the absence of accurate census figures on population for delimitation or wards and reservations of seats in the election to the wards, it has been decided to fix the minimum number of councillors specified in the above Proviso to sub-section (1) of the said Section 7 as fifteen. Accordingly, the Government have decided to amend the said Section 7 of the said Tamil Nadu Act V of 1920 suitably for the purpose.2. The Bill seeks to give effect to the above decision.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Amendment) Act, 2012 - Tamil Nadu Act No. 7 of 2012, dated 23.02.2012, w.e.f. 25,10.2011. - The process of transition, following the expansion of the territorial limits of Municipal Corporations and Municipalities, by the inclusion of adjacent local areas, is underway. To effectively deal with the matters relating to such transitions, like, vesting of the assets and liabilities of, continuance of taxes, fees, duties being levied by, absorption of employees of the local bodies of such local areas, it has been decided that necessary provision may be inserted in the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971), the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981) and the Tamil Nadu District Municipalities Act,1920 (Tamil Nadu Act V of 1920). Accordingly, the Tamil Nadu Municipal Laws (Amendment) Ordinance, 2012 (Tamil Nadu Ordinance 3 of 2012) was promulgated by the Governor on the 25th January 2012 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 26th January 2012.2. The Bill seeks to replace the said Ordinance.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Second Amendment) Act, 2012 - Tamil Nadu Act No. 16 of 2012, dated 31.05.2012. - The government has decided to ensure a barrier free environment for the differently abled persons by providing special facilities in the multi-storeyed and public buildings, such as ramps, etc. To achieve the said object in view, the government have decided to suitably amend the Tamil Nadu District Municipalities Act, 1920, the Madurai City Municipal Corporation Act, 1971 and the Coimbatore City Municipal Corporation Act, 1981.2. The Bill seeks to give effect to the above decision.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Third Amendment) Act, 2012 - Act No. 17 of 2012, dated 31.5.2012, w.e.f. 1.10.2012. - At present, differently abled persons with total disability in one or both the hands or legs, spastics, totally dumb or deaf persons or totally blind persons alone are exempted from the payment of profession tax, as per the provisions of the Urban Local Bodies Acts. In the absence of specific definition of disability in the said Acts, all the differently abled persons are not in a position to avail the said benefit. The Government have, therefore, decided that all differently abled persons shall be exempted from the payment of profession tax and in order to achieve the same, the Government have decided to amend the Urban Local Bodies Act so as to exempt the persons with disability as defined in the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and also dumb persons from the tax on profession.2. The Bill seeks to give effect to the above decision.Statement of Objects and Reasons - Tamil Nadu Municipal Laws (Fourth Amendment) Act, 2012 - Tamil Nadu Act No. 47 of 2012, dated 16.11.2012. - It has been brought to the notice of the Government that unfortunate death of a school student has occurred due to lack of safety measures in construction and maintenance of swimming pool. The Government, therefore consider that there is an imperative need to evolve meaningful and comprehensive measures to ensure the safety and security of the users of the swimming pool, particularly in educational institutions. Accordingly, to effectively regulate the construction, maintenance and monitoring of swimming pools, the Government have decided to suitably amend the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971), the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981) and the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920).2. The Bill seeks to give effect to the above decision.Received the assent of the Governor on the 5th May 1920 and that of the Governor-General on the 15th June 1920 and the assent of the Governor-General was first published in the Fort St. George Gazette on the 29th June 1920.An Act to consolidate and amend the law relating to District MunicipalitiesPreamble. - Whereas it is expedient to consolidate and amend the law relating to district municipalities in the [State of Tamil Nadu] [Substituted for the expression 'Presidency of Madras' by the Tamil Nadu Adaptation of Laws Order, 1970 which was deemed to have come into force on the 14th January 1969.] and whereas the previous sanction of the Governor-General has been obtained under section 79 of the Government of India Act, 1915, to the passing of this Act; It is hereby enacted as follows:-

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