primary law

Dissolution of Rajapalayam Municipal Council and Reconstitution with Effect from 12 November 2009

The Government of Tamil Nadu, Municipal Administration and Water Supply Department, issued Government Order (Ms.) Number 70 on 18 May 2009 to dissolve the Rajapalayam Municipal Council immediately and reconstitute it from 12 November 2009. During the dissolution, the Regional Director of Municipal Administration, Tirunelveli, was appointed to perform all functions of the Municipal Council and its Chairman.

Category
Gazette notifications
Pages
1
Status
In force
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What the notification does

Government Order (Ms.) Number 70, dated 18 May 2009, was issued by the Government of Tamil Nadu, Municipal Administration and Water Supply Department, and published as Notification Number II(2)/MAWS/227(a)/2009. It changes who exercises municipal authority in Rajapalayam for a defined period.

Key actions are:

  • The Rajapalayam Municipal Council is dissolved with immediate effect.
  • The Municipal Council is directed to be reconstituted from 12 November 2009.
  • The Regional Director of Municipal Administration, Tirunelveli, is appointed to exercise and perform all functions of the Rajapalayam Municipal Council and its Chairman during the dissolution.

Why the council was dissolved

The Government of Tamil Nadu stated that the Rajapalayam Municipal Council persistently failed to perform duties imposed on it by law. The Government had called for explanations from the Municipal Council and considered those explanations before deciding that there was a reasonable basis for dissolution.

The Governor of Tamil Nadu exercised powers under Section 41 of the Tamil Nadu District Municipalities Act, 1920, to dissolve the council, direct its reconstitution and appoint an authority to perform its functions during the intervening period.

Who is affected

Government Order (Ms.) Number 70 affects the Rajapalayam Municipal Council, its Chairman and people dealing with the municipality during the dissolution period. Municipal functions that would ordinarily be exercised by the council or its Chairman were instead placed with the Regional Director of Municipal Administration, Tirunelveli.

For a property buyer, owner or professional, the practical point is that any matter requiring action by the Rajapalayam Municipal Council or its Chairman during the dissolution period fell within the functions assigned to the Regional Director.

Effect on land or property rights

Government Order (Ms.) Number 70 does not state that any land ownership, property title, land classification or planning status is changed. Its stated purpose is the temporary transfer of municipal functions following dissolution of the council, followed by reconstitution from 12 November 2009.

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Common questions

Was the Rajapalayam Municipal Council permanently abolished?

No. Government Order (Ms.) Number 70 dissolved the council immediately but directed that it be reconstituted from 12 November 2009.

Who performed the council's functions during the dissolution?

The Regional Director of Municipal Administration, Tirunelveli, was appointed to perform all functions of the Rajapalayam Municipal Council and its Chairman.

Why did the Government dissolve the Rajapalayam Municipal Council?

The Government stated that the council persistently failed to perform duties imposed by law. It considered the council's explanations and concluded that there was a reasonable basis for dissolution.

Did the notification change any property title or land classification?

No such change is stated. The notification concerns dissolution and reconstitution of the Municipal Council and the temporary exercise of its functions.