The Tiruppur City Municipal Corporation Act, 2008

The Tiruppur City Municipal Corporation Act, 2008

The Tiruppur City Municipal Corporation Act, 2008 Act 7 of 2008 Keyword(s): City of Tiruppur, Corporation, Council, Municipality, Scheduled Castes and Scheduled Tribes Amendment appended: 38 of 2008 DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The following Act of Lhe Tarn11 Nadu L.cg~slcjlivt! Ac,:,c?~~it)ly~cL('Iv(\O It~c:~x~;ctnt of the Govcrnc)r on the? 19th Fcl)ru.~ry2008 ;~ncl I:; i~crc?l)y~)~~l)l~sl,,~(l 101 ~JOIIC~~II information:- AST No. 7 OF 2008 An Act to provide for the establishment of a Municipal Corporation for the city of Tiruppur. BE it enacted by the Leglslatrve Assembly of the State of Tam11Nadu In the F~fty-n~nthYear of the Republic of lndra as follows:- Short title. 1. (1) Th~sAct may be called the Tiruppur Clty Munic~palCorporatron Act. 2008 extent and commence- (2) It extends to the city of T~ruppur. rnent. (3) It shall be deemed to have come Into force on the 1st day of January 2008. Defin~tions. 2. (I)In t+is Act, unless the context otherwise requires,- (a) 'city o; Tlruppur" or "clty" means the local .,.? comprised in the ~iiuppurmunicipality and Includes any local area whlch, after the date of the commencement of thrs Act, IS included in the c~tybut does not Include any local area which, after such date of the commencement of th~sAct IS excluded from thk city, (b) 'co~poration"means the mun~cipalcorporatron of T~ruppurconstl'uted under sect~on3; . (c) "council" means t'\e councrl of munlc~palcorporat~on of rrruppur; (d) "date of the commencement of thls Act" means the date spec~f~ed under sub-section (3) of section 1, (e) "Government" means the State Government; (f) "municipal counc~l"means the munlc~palcouncll of Tlruppur Mun~cipal~ty; (g) "mun~c~pal~ty"means the Tiruppur Munlc~pality; (h) "Scheduled Castes" and "Scheduled Trlbes" shall have the mc?anlngs. respectively, ass~gnedto them in clauses (24) and (25) of Aril~le366 of the Const~tut~ori (2) All words and expressions used in thls Act and not deflned but deflned in the Coimbatore City Mun~c~palCorporat~on Act, 1981 (hereloafter referred to as Tam11Nadu the 1981 Act), shali have the meanings, ~espectrvely,ass~gned to them 111 tile 1961 Act 25 of Act. jtablishment 3. (1) With effect on and from the date of the commencement of th~sAct, the )f munlclpal local area ~ncludedIn the Tlruppur munlc~pal~tyshall constrtute the clty of T~ruppur ;orporatlOn for the purposes of thls Act and from such date of the ccmmencernc?nt of th~sAct. Or the 'lty Of a munlclpal co porntron shall be deemed to have been cstablrshed for the said city Iruppur. by the name of Tlruppur C~tyMunlcrpal Corporatlon Provlded that the Government may, from t~n?eto tlme, alter consultation with the corporatlnn, by not~flcat~on,alter the lllnrts of tne crty consntuled under th~ssub- section so as to lnclude there~nor to exdude tht>refrorn Ihe areas speclfled In the notif,cation: Provlded further that the power to issue a notification under thls sub-section shall be scrbjcct to prevlous publi~atron (2) The corporatron shall, by the sard name, be a booy corporate, havlnq perpetual succession and a common seal w~thpower to acqulre, hold arid d~spose of property and to enter Into contracts and may by its corporate name sue and be stled. - - - TTE EXTRAORDINARY 15 (3) The Tlruppur rnunlcrpal~ty,functroning immedrately before the date of the commencement of th~sAct, shall be deemed to have been abolished from such date of the cornmcncement of this Act. 4 The municipal authorities charged wlth carrying out the provisions of this Act Municipal shall be,--- authorities. (1) a council; (2) a standing committee; (3) a wards committee; and d (4) a commissioner. 5. (1) Save as otherwise provided in sub-section (2), the council shall conslst Constitution of of such number of counc~llorselected in the manner laid down In this Act as may council. be fixed by the Government, by notification, from time to time, so, however, that I the total number of counciliors of the council shall not exceed seventy-two at any tlme. (2) The following persons shall also be represented in the council, namely:-\ (a) the members of the Hou,e of the People representing constltucncies which comprise wholly or partly 11 e area of the corporation and the members of the Councrl of States registered as electors withln the area of the corporatron; (b) :ll the members of the Tamil Nadu Legisl~tiveAssembly representing constituencies which comprise wholly or partly the area of the corporation. (3) The persons referred to in sub-section (2) shall be entitled to take part in the proceedings but shall not have the right to vote in the meetings of the council. (4) Seats shall be reserved for the persons belonging to the Scheduled Castes 2nd the Scheduled Tribes in the council and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in the council as the population of the Scheduled Castes in the city or of the Scheduled Tribes in the city bears to :he tota! population of the city. (5) Seats shall be reserved for women belonging to the Scheduled Castes and the Scheduled Tribes, from among the seats reserved for the persorrs belongingI to the Scheduled Castes and the Scheduled Tribes, which shall not be less than 1111 Nadu one-third of the total number of seats reserved for the persons he!onging to the ! 25 of Scheduled Castes and the Scheduled Tribes. (81. (6) Seats shall be reserved for women in the council and the number of seats reserved for women shal not be less than one-third including the number of seats reserved for women belonging to the Scheduled Castes and Scheduled Tribes of the total number of seats in the council. (7) The reservation of seats under sub-sections (4) and (5) shall cease to have effec:! on tlic expiry of the-period spe :ified in Artlcle 334 of the Constitution. 6. (1) The c:orljoration, unless sooner dissolved, st 111 continue for fi~eyears Duration of from the date appo~ntedfor its first rneeting after each ordinary election and no longer corporation. and Iho sa~dperiotJ of five years shall ol.lerate as a d~ssolutionof the corporation. (L) An election to constitute the corporation shall be completed,- (,,) t)oforc! Itio rxl>lry of 11.: r11~r:itlonspeciflerl In s~b-sect~on(I), or jb) 1)calorc: th(8 cxl)rr,i!~orl of (3 pcvlod of .IX monttis from tho date of its dissolution Providnri that whcrr! th(: remainder of the period for which the dissolved co~.~)oriilio~iwould 17;1v(! c:~nli~)l.~c:~l,I:; I(:sI; thcln' six months, it shall not be necessary to hold r-lny election, under this sub-section for constituting the corporation for such periorl. DTP-IV-2 Ex. (55) In TAMIL NADU GOVERNMEN7 (;I\// 'l I I i X 1 l,'A(jtil,Ji!\J/\ftY *-.---.I -- 1 Tamll Nadu 7. (I)Subjecf lo tllc ~)rov~sic)nsof :;ut)-~~;~.~~orls(2) ;I!YJ (:I,), tt~t.! I;I!I,~I PJ;N!;J District Districl Municlpal~tlesAct. 1920 (hereinaftor refcr~edi~ 3s t~c:"i"i:.trlr,t M~i-l!tli',;:i:i;;..: 1 Munidw''Um Act") shall. with effect or1 i;~dfrnln .hc (!c~l(! (1: iilt: r:v:r,irl;?l->t,i:rncrit of ti:^.; A(:[, Ac''lgZOnoc cease to apply to !he loc:al area compr.i:<,ct~lw~il!~i ii-I<: 4 itv i~fi,~it;-;jiu; to r@y. (2) Such cessor shall not affect.-- (a) tne previous =.peration of !he I:)i:!rr~t ;),!2;-:,-,7:i!it/;::; AC! /,, ...i~;i?ertof the local area comprised witkiii il-!~city of Trr:.r!~:!r. (b) any penalty, forfeiti~reor pi!nishrne;lr ,i-:.i ;...:I , I re:,-,I. c)! it-ly offence committed al;nlrist !:lo I)is!ricl h4,8!?i:.l!~;;~~~:~c,:,f,,,!: ,.:;- (c) any investigation Iqn! prori-e,i;:-i*-, r ...~:IL.!I\, !ti :(>::. '. : r!f , I(::) penally, forfeiture or punishiiierlt, :-)rid any si.ict1 p:.. :;l'iy, :(>;i~~:~ii,..i. r,tl~:,sl i;3 :I-: .i:;i'; be imposed as if this Act, had not been passed. (3) Notwithstanding anyihing contai~adi!? scb-rectiai! j i !, all oypointments, notifications, notices, rules, bye-laws, .;~c~i:lailons, or.dt.r'i'.

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