Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Tamil Nadu District Municipalities (Amendment) Act, 2004 23 of 2004 CONTENTS 1. Short Tile And Commencement 2. Substitution Of Expressions In Tamil Nadu Act V Of 1920 3. Amendment Of Section 3-B 4. Amendment Of Section 4 5. Repeal And Saving Tamil Nadu District Municipalities (Amendment) Act, 2004 23 of 2004 Statement of Objects and Reasons2 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. T h e Bill seeks to replace the said Ordinance. Memorandum Regarding Delegated Legislation New sub-section (6) of Section 4, proposed to be added in the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V 1920) by clause 4 of the Bill authorises the State Government to issue notification and to make rules for the purposes specified therein. 2. The powers delegated are normal and not of an exceptional character. PREAMBLE An Act further to amend the Tamil Nadu District Municipalities Act, 1920. BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fifty- fifth Year of the Republic of India as follows :- 1. Received the assent of the Governor on the 5th August, 2004 - Published in Tamil Nadu Government Gazette, Extraordinary, Part IV, Section 2, Issue No.207, Page 81, dated 5th August, 2004. 2. Vide T.N. Bill No. 19 of 2004 - Published in Tamil Nadu Government Gazette, Extraordinary Part IV, Section 1, Issue No.202, Page 95, dated 31st July, 2004. 1. Short Tile And Commencement :- (1) This Act may be called the Tamil Nadu District Municipalities (Amendment) Act, 2004. (2) It shall be deemed to have come into force on the 14th day of June 2004. 2. Substitution Of Expressions In Tamil Nadu Act V Of 1920 :- In the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) (hereinafter referred to as the principal Act),- (a) for the expression "town panchayat", wherever it occurs, the expression "Third Grade municipality" shall be substituted; (b) for the expression "panchayat town", wherever it occurs, the expression "transitional area " shall be substituted; (c) for the expression "TOWN PANCHAYATS", wherever it occurs, t h e expression "THIRD GRADE MUNICIPALITIES" shall be substituted; (d) for the expression "town panchayats", wherever it occurs, the expression "Third Grade municipalities" shall be substituted; (e) for the expression "panchayat towns", wherever it occurs, the expression "transitional areas" shall be substituted. 3. Amendment Of Section 3-B :- In Section 3-B of the principal Act,- (a) in sub-section (1), in clause (a), for the expression "population estimated at not less than five thousand and an annual income of not less than one lakh of rupees", the expression "population estimated at not less than thirty thousand" shall be substituted; (b) in sub-section (3), for the expression "five thousand", wherever it occurs, the expression "thirty thousand" shall be substituted. 4. Amendment Of Section 4 :- In Section 4 of the principal Act, after sub-section (5). the following sub-section shall be added, namely:- "(6) The State Government may, by notification, classify municipalities into Special Grade, Selection Grade, First Grade and Second Grade, for the purpose of effective administration of the said municipalities, in accordance with such norms as may be prescribed.". 5. Repeal And Saving :- (1) The Tamil Nadu District Municipalities (Amendment) Ordinance, 2004 (Tamil Nadu Ordinance 7 of 2004) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act.