primary law

The Erode City Municipal Corporation Act, 2008

The Legislative Assembly of Tamil Nadu enacted the Erode City Municipal Corporation Act, 2008, Tamil Nadu Act 8 of 2008, with effect from 1 January 2008, to establish the Erode City Municipal Corporation and abolish the former Erode Municipality. The Act transfers municipal property, liabilities, taxes and proceedings to the Corporation and applies the Coimbatore City Municipal Corporation Act, 1981 framework to Erode. Its list of municipal authorities was later substituted by Tamil Nadu Act 38 of 2008.

Category
Acts and rules
Effective
1 January 2008
Pages
7
Status
In force
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What the Act does

The Erode City Municipal Corporation Act, 2008 converts the local area within Erode Municipality into the City of Erode and establishes the Erode City Municipal Corporation. The Corporation is a corporate body that can acquire, hold and dispose of property, enter into contracts, and sue or be sued.

The State Government may alter the limits of the City after consulting the Corporation and publishing the proposal beforehand. Areas may therefore be included in or excluded from the City through a notification.

Municipal administration

The Erode City Municipal Corporation Act, 2008 identifies the municipal authorities as a Mayor, Council, Standing Committee, Wards Committee and Commissioner. The provision listing these authorities was substituted by Tamil Nadu Act 38 of 2008.

Key Council provisions include:

  • The State Government may fix the number of elected councillors by notification, subject to a maximum of seventy-two.
  • Members of Parliament and members of the Tamil Nadu Legislative Assembly representing relevant constituencies may participate in Council proceedings but cannot vote at Council meetings.
  • Seats are reserved for Scheduled Castes and Scheduled Tribes in proportion to their populations in the City, as nearly as possible.
  • At least one-third of the relevant reserved seats are reserved for women belonging to Scheduled Castes and Scheduled Tribes.
  • At least one-third of all Council seats are reserved for women, including those reserved for women belonging to Scheduled Castes and Scheduled Tribes.
  • The Corporation normally continues for five years from its first meeting after an ordinary election.

Existing taxes, permissions and property

The Erode City Municipal Corporation Act, 2008 preserves continuity when the Municipality becomes the Corporation:

  • Municipal property, rights, interests and legally existing liabilities vest in the Corporation, subject to State Government directions.
  • Outstanding municipal taxes and other payments may be recovered by the Corporation.
  • Existing taxes, fees and duties continue until revised, cancelled or superseded.
  • Existing licences, permissions, schemes, rules, bye-laws, notices and orders continue so far as they are consistent with the Act, until replaced.
  • Existing proceedings may continue by or against the Corporation.

Relevance to property owners and buyers

Property owners and buyers within the City of Erode may continue to be affected by municipal taxes, fees, licences, permissions and schemes that were already in force. The Act also extends the Coimbatore City Municipal Corporation Act, 1981 provisions, including those concerning the levy and collection of taxes and fees, to the Erode City Municipal Corporation.

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

Did Erode Municipality continue after 1 January 2008?

No. The Erode Municipality was deemed abolished from 1 January 2008, and the Erode City Municipal Corporation was deemed established from that date.

Did existing municipal taxes and fees stop when Erode became a Corporation?

No. Taxes, fees and duties previously levied by the Municipal Council continue until they are revised, cancelled or superseded under the Act.

Do existing building permissions or municipal licences remain valid?

Existing licences, permissions, notifications, schemes and related municipal instruments continue so far as they are not inconsistent with the Erode City Municipal Corporation Act, 2008, until they are replaced.

Can the boundaries of Erode City be changed?

Yes. The State Government may include or exclude areas by notification after consulting the Erode City Municipal Corporation and completing previous publication.