Vellore City Municipal Corporation Act, 2008
No: 26 Dated: May, 25 2008
THE VELLORE CITY MUNICIPAL CORPORATION ACT
(Tamil Nadu Act 26 of 2008)
An Act to provide for the establishment of a Municipal Corporation for the City of Vellore
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fifty-ninth Year of the Republic of India as follows:-
1. Short title, extent and commencement. - (1) This Act may be called the Vellore City Municipal Corporation Act, 2008.
(2) It extends to the city of Vellore.
(3) It shall come into force on such date as the State Government may, by notification, appoint.
2. Definitions. - (1) In this Act, unless the context otherwise requires,-
(a) "city of Vellore" or "city" means the local area comprised in the Vellore municipality and includes any local area which, after the date of the commencement of this Act, is included in the city but does not include any local area which, after such date of the commencement of this Act, is excluded from the city;
(b) "corporation" means the municipal corporation of Vellore constituted under section 3;
(c) "council" means council of municipal corporation of Vellore;
(d) "date of the commencement of this Act" means the date specified under sub-section (3) of section 1;
(e) "Government" means the State Government;
(f) "municipal council" means the municipal council of Vellore Municipality;
(g) "municipality" means the Vellore Municipality;
(h) "Scheduled Castes" and "Scheduled Tribes" shall have the meanings, respectively, assigned to them in clauses (24) and (25) of Article 366 of the Constitution.
(2) All words and expressions used in this Act and not defined but defined, in the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981) (hereinafter referred to as the 1981 Act), shall have the meanings, respectively, assigned to them in the 1981 Act.
3. Establishment of municipal corporation for the city of Vellore. - (1) With effect on and from the date of the commencement of this Act, the local area included in the Vellore municipality shall constitute the city of Vellore for the purposes of this Act and from such date of the commencement of this Act, a municipal corporation shall be deemed to have been established for the said city by the name of Vellore City Municipal Corporation:
Provided that the Government may, from time to time, after consultation with the corporation, by notification, alter the limits of the city constituted under this sub-section so as to include therein or to exclude therefrom the areas specified in the notification:
Provided further that the power to issue a notification under this sub-section shall be subject to previous publication.
(2) The corporation shall, by the said name, be a body corporate, having perpetual succession and a common seal with power to acquire, hold and dispose of property and to enter into contracts and may, by its corporate name, sue and be sued.
(3) The Vellore municipality, functioning immediately before the date of the commencement of this Act, shall be deemed to have been abolished from such date of the commencement of this Act.
4. Municipal authorities. - The municipal authorities charged with carrying out the provisions of this Act shall be,-
(1) a Mayor;
(2) a council;
(3) a standing committee;
(4) a wards committee; and
(5) a commissioner.
5. Constitution of council. - (1) Save as otherwise provided m sub-section (2), the council shall consist of such number of councillors elected in the manner laid down in this Act as may be fixed by the Government, by notification, from time to time, so, however, that the total number of councillors of the council shall not exceed seventy-two at any time.
(2) The following persons shall also be represented in the council, namely:-
(a) the members of the House of the People representing constituencies which comprise wholly or partly the area of the corporation and the members of the Council of States registered as electors within the area of the corporation;
(b) all the members of the Tamil Nadu Legislative Assembly 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 and 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 the total 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 persons belonging to the Scheduled Castes and the Scheduled Tribes, which shall not be less than one-third of the total number of seats reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes.
(6) Seats Shall be reserved for women in the council and the number of seats reserved for women shall 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 effect on the expiry of the period specified in Article 334 of the Constitution.