Primary law, Tamil Nadu land law
The Tamil Nadu Municipal Authorities (Term of Office and Election of Councilors) Act, 1963
The Tamil Nadu Municipal Authorities (Term of Office and Election of Councilors) Act, 1963, Tamil Nadu Act No. 22 of 1963, is a State law that sets out how the Government determines the term of office of councillors and holds elections for the Municipal Corporation of Madras and municipal councils in the State of Tamil Nadu. It covers ordinary vacancies, casual vacancies, first elections for newly constituted or reconstituted municipal councils, and gives the Government power to fix, change, extend or reduce certain dates by notification.
What this law covers
The Tamil Nadu Municipal Authorities (Term of Office and Election of Councilors) Act, 1963, Tamil Nadu Act No. 22 of 1963, is a State law for the Municipal Corporation of Madras and municipal councils in the State of Tamil Nadu.
It is meant to decide:
- when the term of office of councillors ends,
- when ordinary elections are to be held,
- when casual elections can be held to fill a vacancy,
- how first elections are handled for a newly constituted or reconstituted municipal council.
Who it affects
This law matters to:
- councillors of municipal authorities,
- people contesting municipal elections,
- voters in municipal areas,
- property owners and residents who are affected by the functioning of municipal councils and the Municipal Corporation of Madras.
A "municipal authority" in the Act means the Municipal Corporation of Madras or a municipal council.
Key provisions
The Tamil Nadu Municipal Authorities (Term of Office and Election of Councilors) Act, 1963 says:
- the Government may specify by notification the date on which the extended term of office of councillors of a municipal authority as a whole will expire,
- that notified date may be cancelled or modified by the Government for sufficient cause,
- the next ordinary elections to fill ordinary vacancies are to be held on dates fixed by the Government by notification,
- newly elected councillors may come into office on a date fixed by the Government by notification,
- that date must be after the expiry date of the earlier councillors' term,
- the Government may advance or postpone the date fixed for newly elected councillors to come into office,
- the term of office of councillors elected at those ordinary elections expires not later than the first day of November immediately succeeding the completion of five years from the date on which they came into office,
- the Government may, for sufficient cause, extend or reduce the term of office of such councillors as a whole by notification, subject to the limit stated in the Act,
- elections may be held for newly constituted or reconstituted municipal councils under the Tamil Nadu Municipalities Act,
- casual elections may be held to fill a vacancy in the office of a councillor occurring after the ordinary or first elections.
Other powers in the Act
The Tamil Nadu Municipal Authorities (Term of Office and Election of Councilors) Act, 1963 also allows the Government to remove difficulties by order if any difficulty arises in giving effect to the Act.
Notifications issued under the Act come into force on the day of publication, unless they say they come into force on a particular day. Notifications under the Act must also be placed before both Houses of the Legislature.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Does this law apply only to Chennai, or also to other municipalities in Tamil Nadu?
It applies to the Municipal Corporation of Madras and to municipal councils in the State of Tamil Nadu. The Act defines a municipal authority as the Municipal Corporation of Madras or a municipal council.
Who decides when municipal councillors' terms end and when elections are held?
The Government does, by notification. The Act says the Government may specify the date of expiry of the term and fix the dates for ordinary elections and for newly elected councillors to come into office.
Can the Government change the dates after notifying them?
Yes. The Act says the Government may cancel or modify the notified expiry date for sufficient cause, and may also advance or postpone the date fixed for newly elected councillors to come into office.
Does the Act deal with by-elections for a councillor's vacancy?
Yes. The Act provides that a casual election may be held to fill a vacancy in the office of a councillor of a municipal authority occurring after the ordinary elections or the first elections, as the case may be.
