The Coimbatore Municipal Council (Appointment of Special Officer) Act, 1975
The Legislature of the State of Tamil Nadu enacted the Coimbatore Municipal Council (Appointment of Special Officer) Act, 1975, Tamil Nadu Act No. 39 of 1975, to replace Coimbatore Municipal Council members with a Special Officer from 30 June 1975. The Act received the Governor's assent on 22 November 1975 and was first published in the Tamil Nadu Government Gazette Extraordinary on 26 November 1975. It repealed the earlier 1975 Ordinance and was later amended to extend the Special Officer's term.
What the Act does
The Coimbatore Municipal Council (Appointment of Special Officer) Act, 1975 governs the administration of the Coimbatore Municipal Council after the expiry of its councillors' terms. It is an administrative law and does not set out rules for land ownership, property transfers or land use.
The Act is deemed to have come into force on 30 June 1975.
End of the elected council's term
The Coimbatore Municipal Council (Appointment of Special Officer) Act, 1975 declares that the terms of the municipal councillors expired on 30 June 1975. As a result:
- All councillors were deemed to have vacated office on that date.
- The Chairman and Vice Chairman were also deemed to have vacated office.
- Members of committees established or constituted under the Tamil Nadu District Municipalities Act, 1920 were also deemed to have vacated office.
Powers of the Special Officer
The Coimbatore Municipal Council (Appointment of Special Officer) Act, 1975 requires the State Government to appoint a Special Officer. The Special Officer may:
- Exercise the powers and perform the functions of the Coimbatore Municipal Council.
- Exercise the powers and perform the functions of its Chairman and committees.
- Exercise powers or perform functions of the executive authority or another officer or authority under the Tamil Nadu District Municipalities Act, 1920, where specified by State Government notification.
- Control and supervise the executive authority in exercising its powers and performing its functions.
The Special Officer is paid from the municipal fund. The State Government may determine its relationship with the Special Officer.
Term and later amendments
The amended text of the Coimbatore Municipal Council (Appointment of Special Officer) Act, 1975 states that the Special Officer holds office for six years from appointment. The notes record that the term was extended several times, with the last cited extension made by the Coimbatore Municipal Council (Appointment of Special Officer) Amendment Act, 1981, Tamil Nadu Act 16 of 1981.
Repeal of the Ordinance
The Coimbatore Municipal Council (Appointment of Special Officer) Act, 1975 repealed the Coimbatore Municipal Council (Appointment of Special Officer) Ordinance, 1975, Tamil Nadu Ordinance No. 4 of 1975. Actions already taken under that Ordinance were treated as actions under the Act.
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Common questions
Does this Act change ownership or transfer rules for property in Coimbatore?
No property ownership or transfer rules are set out. The Act deals with the administration of the Coimbatore Municipal Council through a Special Officer.
When did the councillors of the Coimbatore Municipal Council leave office?
Their terms were deemed to have expired on 30 June 1975. The Chairman, Vice Chairman and relevant committee members were also deemed to have vacated office on that date.
What powers did the Special Officer receive?
The Special Officer could exercise the powers and perform the functions of the Municipal Council, its Chairman and its committees. State Government notification could also assign powers or functions of the executive authority or another officer or authority.
What happened to actions taken under the earlier Ordinance?
The 1975 Ordinance was repealed, but actions taken under it were treated as having been taken under the Act from 30 June 1975.
