THE ERODE CITY MUNICIPAL CORPORATION ACT, 2008

THE ERODE CITY MUNICIPAL CORPORATION ACT, 2008

(Tamil Nad Ac! 8 "# 2008$ [With amendments till 2 11!

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THE ERODE CITY MUNICIPAL CORPORATION ACT, 2008

THE ERODE CITY MUNICIPAL CORPORATION ACT, 2008

(Tamil Nad Ac! 8 "# 2008$ CONTENT% "#$T%&' 1. 2. -. /. 0. 1. 2. 4. 3. 1 . 11. 12. "hort title, e+tent and commencement ............................................................... ,efinitions #stablishment of .unicipal $orporation for the $ity of #rode .unicipal )uthorities $onstitution of $ouncil ,uration of $orporation The Tamil 'adu ,istrict .unicipalities )ct, 132 not to apply )pplication of the provisions of the 1341 )ct to the $orporation Transitional (rovisions (ower to ma5e rules (ower to remove difficulties 6epeal and saving ()*# 2 2 / / 0 0 1 1 2 3 3

7e it enacted by the 8egislative )ssembly of the of Tamil 'adu in the Fifty9ninth :ear of the 6epublic of %ndia as follows;9 &' %("r! !i!le e)!e*! a*d c"mme*ceme*!'< =1> This )ct may be called the #rode $ity .unicipal $orporation )ct, 2 4. (2) %t e+tends to the $ity of #rode. (2) %t shall be deemed to have come into force on the 1st day of ?anuary 2 #rodeA or A$ityA means the local area comprised in the 4. 2' De#i*i!i"*s'< =1> %n this )ct, unless the conte+t otherwise re@uires,<=a> A$ity of

THE ERODE CITY MUNICIPAL CORPORATION ACT, 2008

#rode .unicipality and includes any local area which, after the date of the commencement of this )ct, is included in the $ity but does not include any local area which, after such date of the commencement of this )ct, is e+cluded from the $ityB
=b>

A$orporationA means the .unicipal $orporation of #rode constituted under

section -B
=b> A$ouncilA means $ouncil of .unicipal $orporation of #rodeB =c> Adate of the commencement of this )ctA means the date specified under sub9 section =-> of section 1B =d> A*overnmentA means the "tate *overnmentB =e> A.unicipal $ouncilA means the .unicipal $ouncil of #rode .unicipalityB =f> A.unicipalityA means the #rode .unicipalityB

A"cheduled $astesAC and A"cheduled TribesA shall have the meanings respectively assigned to them in clauses =2/> and =20> of )rticle -11 of the $onstitution.
=c>

=2> )ll words and e+pressions used in this )ct and not defined but definedD in the $oimbatore $ity .unicipal $orporation )ct, 1341 =hereinafter referred to as the 1341 )ct>, shall have the meanings, respectively, assigned to them in the 1341 )ct. +' Es!a,lis(me*! "# M *ici-al C"r-"ra!i"* #"r !(e Ci!. "# Er"de'< =1> With effect on and from the date of the commencement of this )ct, the local area included in the #rode .unicipality shall constitute the $ity of #rode for the purposes of this )ct and from such date of the commencement of this )ct, a .unicipal $orporation shall be deemed to have been established for the said $ity by the name of #rode $ity .unicipal $orporation; (rovided that the *overnment may, from time to time, after consultation with the $orporation, by notification, alter the limits of the $ity constituted under this sub9section so as to include therein or to e+clude therefrom the areas specified in the notification; (rovided further that the power to issue a notification under this sub9section shall be subEect to previous publication. =2> The $orporation shall, by the said name, be a body $orporate, having perpetual succession and a common seal with power to ac@uire, hold and dispose of property and to enter into contracts and may by its $orporate name, sue and be sued.

THE ERODE CITY MUNICIPAL CORPORATION ACT, 2008

=-> The #rode .unicipality, functioning immediately before the date of the commencement of this )ct, shall be deemed to have been abolished from such date of the commencement of this )ct. /' M *ici-al A !("ri!ies'< The .unicipal )uthorities charged with carrying out the provisions of this )ct shall be, 1 [=1> a .ayor =la> a $ouncilB! =2> a "tanding $ommitteeB =-> a Wards $ommitteeB and
=/> a $ommissioner.

0' C"*s!i! !i"* "# C" *cil'< =1> "ave as otherwise provided in subsection =2>, the $ouncil shall consist of such number of $ouncillors elected in the manner laid down in this )ct as may be fi+ed by the *overnment, by notification, from time to time, so, however, that the total number of $ouncillors of the $ouncil shall not e+ceed seventy9two at any time. =2> The following persons shall also be represented in the $ouncil, namely; =a> the members of the Fouse of the (eople representing constituencies which comprise wholly or partly the area of the $orporation and the members of the $ouncil of "tate registered as electors within the area of the $orporationB
=b> all the members of the Tamil 'adu 8egislative )ssembly representing

constituencies which comprise wholly or partly the area of the $orporation. =-> The persons referred to in sub9section =2> shall be entitled to ta5e part in the proceedings but shall not have the right to vote in the meetings of the $ouncil. =/> "eats shall be reserved for the persons belonging to the "cheduled $astes and the "cheduled Tribes in the $ouncil and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in the $ouncil as the population of the "cheduled $astes in the $ity or of the "cheduled Tribes in the $ity bears to the total population of the $ity.
=0> "eats shall be reserved for women belonging to the "cheduled $astes and the "cheduled Tribes, from among the seats reserved for the persons

GGGGGGGGGGGGGGGGGGGGGGGGGGG 1. "ubstituted by Tamil 'adu )ct -4 of 2

4.

THE ERODE CITY MUNICIPAL CORPORATION ACT, 2008

belonging to the "cheduled $astes and the "cheduled Tribes, which shall not be less than one9third of the total number of seats reserved for the persons belonging to the. "cheduled $astes and the "cheduled Tribes.
=1> "eats shall be reserved for women in the $ouncil and the number of seats reserved for women shall not be less than one9third including the number of seats reserved for women belonging to the "cheduled $astes and "cheduled Tribes of the total number of seats in the $ouncil. =2> The reservation of seats under sub9sections =/> and =0> shall cease to have effect on

the e+piry of the period specified in )rticle --/ of the $onstitution. 1' D ra!i"* "# C"r-"ra!i"*'< =1> The $orporation, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting after each ordinary election and no longer and the said period of five years shall operate as a dissolution of the $orporation. =2> )n election to constitute the $orporation shall be completed. =a> before the e+piry of its duration specified in sub9section =1>B or =b> before the e+piration of a period of si+ months from the date of its dissolutionB (rovided that where the remainder of the period for which the dissolved $orporation would have continued, is less than si+ months, it shall not be necessary to hold any election, under this sub9section for constituting the $orporation for such period. 2' T(e Tamil Nad Dis!ric! M *ici-ali!ies Ac! &320 *"! !" a--l. .<=1> "ubEect to the provisions of sub9sections =2> and =->, the Tamil 'adu ,istrict .unicipalities )ct, 132 =hereinafter referred to as the A,istrict .unicipalities )ctA> shall, with effect on and from the date of the commencement of this )ct, cease. =2> "uch cessor shall not affect,
=a> the previous operation of the ,istrict .unicipalities )ct in respect of the local area comprised within the $ity of #rodeB =a> any penalty, forfeiture or punishment incurred in respect of any offence

committed against the ,istrict .unicipalities )ctB or =b> any investigation, legal proceedings or remedy in respect of such penalty, forfeiture or punishment, and any such penalty, forfeiture or punishment may be imposed as if this )ct, had not been passed. =-> 'otwithstanding anything contained in sub9section =1>, all appointments, notifications, notices, rules, bye9laws, regulations, orders, directions, licences, permissions, schemes, forms and powers, made or issued or

THE ERODE CITY MUNICIPAL CORPORATION ACT, 2008

conferred under the ,istrict .unicipalities )ct and in force on the date of the commencement of this )ct shall, so far as they are not inconsistent with the provisions of this )ct, continue to be in force in the local area comprised within the $ity of #rode until they are replaced by 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"4isi"*s "# !(e &38& Ac! !" !(e C"r-"ra!i"*' < =1> "ave as otherwise e+pressly provided herein, all the provisions of the 1341 )ct, including the provisions relating to the levy and collection of any ta+ or fee are hereby e+tended to and shall apply, mutatis mutandis to the $orporation and the 1341 )ct shall, in relation to the $orporation, be read and construed as if the provisions of this )ct had formed part of the 1341 )ct.
=2> For the purpose of facilitating the application of the provisions of the 1341 )ct to

the $orporation, the *overnment may, by notification, ma5e such adaptations and modifications of the 1341 )ct and the rules and bye9laws made thereunder, whether by way of repealing, amending or suspending any provision thereof, as may be necessary or e+pedient and thereupon, the 1341 )ct and the rules made thereunder, shall apply to the $orporation subEect to the adaptations and modifications so made.
=-> 'otwithstanding that no provision or insufficient provision has been made under sub9section =2> to the adaptation of the provisions of the 1341 )ct, or the rules and bye9laws made thereunder, any $ourt, Tribunal or )uthority re@uired or empowered to enforce these provisions may, for the purpose of facilitating their application to the $orporation, construe these provisions in such manner, without affecting the substance, as may be necessary or proper having regard to the matter before the $ourt, Tribunal or )uthority. =2> %n the 1341 )ct as e+tended and applied to the $ity of #rode, =a> any reference to the $ity of $oimbatore and $oimbatore .unicipality, shall by

reason of this )ct, be construed as a reference to the $ity of #rode and #rode .unicipality, respectivelyB and
=a> any reference to the $oimbatore $orporation, $orporation of $oimbatore and

.unicipal $orporation of $oimbatore, shall by reason of this )ct, be construed as a reference to the #rode $orporation, $orporation of #rode and .unicipal $orporation of #rode, respectively. 3' Tra*si!i"*al -r"4isi"*s'< =1> )ll property, all rights of whatever 5ind, used, enEoyed or possessed by, and all interests of whatever 5ind owned by, or vested in, or held in trust by or for the .unicipal $ouncil with all rights of whatever 5ind used, enEoyed or possessed by the said .unicipal $ouncil as well

THE ERODE CITY MUNICIPAL CORPORATION ACT, 2008

as all liabilities legally subsisting against the said .unicipal $ouncil, on and from the date of the commencement of this )ct and subEect to such directions as the *overnment may, by general or special order, give in this behalf, vest with the $orporation.
=2> )ll arrears of ta+es or other payments by way of composition for a ta+, or due for e+penses or compensation, or otherwise due to the said .unicipal $ouncil on the date of such commencement may be recovered as if they had accrued to the $orporation and may be recovered as if the said arrears or payments had become due, under the provisions of this )ct. =-> )ll ta+es, fees and duties, which immediately before the date of the commencement of this )ct were being levied by the said .unicipal $ouncil shall be deemed to have been levied by the $orporation under the provisions of this )ct and shall continue to be in force accordingly until such ta+es, fees and duties are revised, cancelled or superseded by anything done or any action ta5en under this )ct. =/> )ll proceedings ta5en by, or against, the .unicipal $ouncil or authority or any person under the ,istrict .unicipalities )ct may be continued by, or against, the $orporation, authority or person as if the said proceedings had been commenced under the provisions of this )ct. =0> )ny action ta5en under the ,istrict .unicipalities )ct, by any authority before the date of such commencement shall be deemed to have been ta5en by the authority competent to ta5e such action under this )ct as if this )ct had been in force. =1> 'otwithstanding anything contained in this )ct, every officer or employee who, immediately before the date of the commencement of this )ct was in the service of the .unicipality shall, on and from the date of such commencement be deemed to be an officer or employee of the $orporation; (rovided that, < =a> the terms and conditions applicable to such officers and employees conse@uent on their absorption in the service of the $orporation shall not be less favourable than those applicable to such employees immediately before the date of such commencement, as regards pay and allowances, leave, pension, gratuity, provident fund and age of superannuationB and =b> the service rendered by any such officer or other employee under the .unicipality

upto the date of such commencement shall be deemed to be service under the $orporation and he shall be entitled to count that service for the purpose of increment, leave, pension, provident fund and gratuity; (rovided further that any officer or other employee serving in the .unicipality shall be given an option to be e+ercised within such time and in

THE ERODE CITY MUNICIPAL CORPORATION ACT, 2008

such manner as may be prescribed either to be absorbed in the service of the $orporation or to be transferred to the service referred to in section 2-9) of the ,istrict .unicipalities )ct or to be retrenched from the service of the .unicipality on such retrenchment benefits as may be prescribed.
=2> )ny division of the #rode .unicipality into Wards, made under the ,istrict .unicipalities )ct, and in force on the date of the commencement of this )ct shall be deemed to be a division of the $orporation until altered. =4> The electoral roll prepared for the #rode .unicipality under the ,istrict

.unicipalities )ct, and in force on the date of the commencement of this )ct, shall be deemed to be the electoral roll for the $orporation until a new electoral roll is prepared and published and the part of the said electoral roll relating to each ward of the .unicipality shall be deemed to be the list of the electoral roll for the corresponding division of the $orporation.
=3> 'otwithstanding anything contained in this )ct, the $hairman, Hice9$hairman and the $ouncillors of the #rode .unicipality, who are elected and holding office as such immediately before the date of the commencement of this )ct, shall be deemed to be the .ayor, ,eputy .ayor and $ouncillors of the #rode $ity .unicipal $orporation elected under this )ct and such .ayor, ,eputy .ayor and $ouncillors shall continue to hold office upto such date as the *overnment may, by notification, fi+ in this behalf or, in case no such date is fi+ed, upto the date on which their term of office would e+pire under the ,istrict .unicipalities )ct and such .ayor, ,eputy .ayor and $ouncillors shall e+ercise all the powers and perform all duties conferred on the .ayor, ,eputy .ayor and $ouncillors by or under this )ct.

&0' P"5er !" ma6e r les'< =1> The *overnment may ma5e rules for carrying out the purposes of this )ct.
=2> =a> )ll rules made under this )ct shall be published in the Tamil 'adu *overnment *azette and, unless they are e+pressed to come into force on a particular day, shall come into force on the day on which they are so published.

=b> )ll notifications issued under this )ct shall, unless they are e+pressed to come into force on a particular day, come into force on the day on which they are so published.
=-> #very rule made or notification or order issued under this )ct shall as soon as

possible, after it is made or issued, be placed on the table of the 8egislative )ssembly, and if, before the e+piry of the session in which it is so placed or the ne+t session, the )ssembly ma5es any modification in any such rule or notification or order, or the )ssembly decides that the rule or notification or order should not be made or issued, the rule or notification or order shall thereafter have effect only in such modified form or be of no effect, as the case

THE ERODE CITY MUNICIPAL CORPORATION ACT, 2008

may beB so, however, that any such modification or annulment shall be without preEudice to the validity of anything previously done under that rule or notification or order.
&&' P"5er !" rem"4e di##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, ma5e such provisions not inconsistent with the provisions of this )ct as appear to them to be necessary or e+pedient for removing the difficulty;

(rovided that no such order shall be made after the e+piry of two years from the date of the commencement of this )ct.
&2' Re-eal a*d sa4i*7'< =1> The #rode $ity .unicipal $orporation &rdinance, 2 =Tamil 'adu &rdinance 4I2 > is hereby repealed.

=2> 'otwithstanding such repeal anything done, any action ta5en or any direction given under the said &rdinance shall be deemed to have been done, ta5en or given under this )ct.

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