(1) The Governor may, by notification, having regard to the population of Constitution o the area, the density of the population therein the percentage of employment in Municipality.
non-agricultural activities, the revenue generated for local administration, the economic importance or such other factors as he deems fit, constitute any local area as,-
(a) a " town panchayat " where the population is estimated at not less than twenty thousand and the annual income of such area is not less than thirty lakhs of rupees ;
(b) a " ~nunicipality " where the population is estimated at not less than thirty thousand and the annual income of sl~ch area is not less than flfty lakhs of rupees ;
Explanation. I-For the purpoye of this section and sections 7, 37, 38 and 39, " population " means tile population 5s ds~ertaiiled at tne last preceding census of which the relevant fizures have ~ e e n published by the Central or the State Government.
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Explanaiion XI.-For the purpo$c of this sectio,~ '"annual inct,me9' means rhc I :I vcrage in come of a panchayat constltuted under be Tarcil Nadu Panoha~zt .?s:, 109 1 or of a ,ndnicipdlity for the last three co.!secutive years.
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(2) (a) The Govern01 ,ray, by notification, d~clare his intentiony-
(i) te jtlcIilde within t k - *vqicipaIity any locJ area contiguous thereto and defined In suc11 not~ficatlotl ; or
(ii) to exclude from the ~~~unicipaiity any local area coinprisea therein dud defined in such notification:
Provided that no c.~ntonment shall be inciuded within the nunicipality, [b) On the p~~biication of the notification under sub-section ( I ) , any person residing within the local area concerned in relation to which any such. not~ficatlon has been published or any municipal council affected by any such notification may subir~it objections, in writing, to any officer authorised in this behalf within fortyf~ve days fron~ the date of publication of such notification.
. . - - . - .-- - - - - - - - - ---a- - - - - - - - ---> -:----.+ -: - - - -.- --- - 7 - .--- - - - I -- - - . .- -* - .- .-. - --*-- - - - - - - .- - .- - - - 44 ' 1 TAML NADU GOVERNMENT GAZETTE E&TMoR;D~NARY L t. ; - *,-,-, -- r - T r 2 4 . . - ' (63 Tha Governor may, after considering the objections and recommendations r e q i y ~ # . , w clause (c) declarej by notification, the inclusion within, or exclusion fiom, the municipality, any local area.
(e) On publication of the notification under clause (d), this Act shall come into force in, or cease to apply to, any such local area or any portion thereof, as th3 case may be, on such date as may be specified in the notification under clause (d).
(f) The inclusion of any village panchayat in any municipality shall not affect the previous operation of the Tamil Nadu Panchayats Act, 1994, in respect Tamil Nadu of that ares and any penalty, forfeiture or punishment incurred, in respect of any Act 21 of 1994 offence committed against the said Act, or any investigation, legal proceedings or I remedy in respt,' of the said penalty, forfeiture or punishment and any such penalty, forfe~ture or punishment may be imposed as if this Act had not been passed. -
(g) An person aggrieved against the notification published by the Governor under clause ( d ) may prefer an appeal to the High Court within thirty days from the date of publication of such notification.
(h) If any local area in which the Tamil Nadu Panchayats Act, 1994 is in Tamil Nadu force, is constituted as or included in a municipality, the Government may pass Act 21 of 1994.
such orders as they may deem fit as to the transfer to the municipality or disposal otherwise of the assets, or institutions of any panchayat in the local area and as to the discharge of the liabilities if any, of such panchayat relating to such assets or institutions, and as to the transfer or retention of the officers and servants working in the local area as the case may be.
(3) Every municipality constituted or deemed to have been constituted under this Act shall be a body corporate and shall have perpetual succession and a common seal and subject to any restrictions or qualiEcations imposed by or under this Act or any other law shall be vested with the capacity of suing or being sued in its corporate name, of acquiring, holding and transferring property, makable or immovable, or entering into contracts and of doing all things necc:ssary, proper or expedient for the purposes for which it is constituted.
(4) The Government may, by notification, classify municipalities into various grades for the purpose of effective administration of the said municipalities in accordance with such norms as may be prescribed.
Reconstitution of 4. (1) On and from the date of the commencement of this Act,- f'own Panchayats, Municipalities end Municipal (a) the Town Panchayats and Munioipalities constit~ted under the Tamil Corporations. Nadu Distriat Municipalitins Act, 1920 sha.11 be deemed to have been constituted Tamil Na and inaorporated under this Act and are hereby declared to be the Town Panchayats and Muniaipalitics as the case may be by their respective names and in I their respective areas;
(b) (i) the Muriicipl Corpolation of Chennai constituted under the Chennai T City Municipal Corporation Act, 1919 ;
(ii) the ~unlc ipa l Corporation ot Madurzi constituted ucder the Madurai Tamil City Municipal Corporation Act, 1971 ;
fiii) the Municipal Corporation of Coimbztore 'cnstituted l:nder the Coimbatore Clty Mucicipal Corporation Act, 1981 ;
(iv) the Municipal Corporation of Tiruohirappalli constit~ted cnder the Tiruah~rappalli City Municipal C ~ r p o ~ ~ t i o n ~ c t , 1994 ;
(v) the 3lcnicipl C ~ ~ r a t i o n of Tircoelveli cocidrnted ~ p z e ~ the ~ i r u n d d i (b xcnk$e~ c . ~ * D ~ c t , 1994 ; t2" - - -- -- -- _ _ _ _ _ _ _ _ _ _ - - - -- -.-...-* - r -- - - .- - -- - ---- - -- --- :- GO~ERNM~YT GAZETTE EXTRAORDINARY 45' -1-
(vi) :Zc ;viuniciP3l Corporation of Salem constitwed under the B!e 9 City M u n i c i ~ l Corporation Act, 1994 ;
shall be deemed to have been constituted and incorporated under this Act and ale hereby 4scla~pd to be,the Munidpai Corporations by the aforesla' ~nhmcs and in thkir . ? I S res@<c?,iyk: . . . ,municip.l , area. t . . ' , -. . .<A , ... 7 " PS: vCL;
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(2) Any appointment, notific":ion, notice, tax, order, scheme, ligeqe. t . % rL,'$.~ht;!
pelmission, xule, by-law or form made or issued or imposad *under ' the " hats , , - !d I * referred to in sub-section (1) in respect of such munf~ipality whiah were in,fbroe 'I' 2 5 ~ppfiGibI~ i i i i i i id i~tdy t$'vip diiig of ;he oc, ~ ~ ~ , ~ ~ e ~ t of this A d +&!I '( :
continue to be in f o r c ~ and be deemed to have been made, *issued or imposed u'dbbr' the provisions of this Act unless and until it is superseded by any appointment, notifioation, notic~, tax. order, scheme, licence, perm'ssiotl, rule, by-L\r ortform made or issued or imposed under this Act. - ..
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CHAPTER 111.
CONDUCT (3P B L E ~ I O N S .
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5. The super~ntenc~cncc, direction and control of the preparation of electoral Election to rclls for, and the cor~duct ot, ~ l l elections to the municip?lity, shall be vested in the usi id pal if^.
Tamil Nadu State: Flection Commission consisting of a Tamil Nadu State Election Commissioner to b:: appointed by the Governor under Article 243-IC of the Constitution.