G.O. (Ms.) No.146, Appointment of Special Officers to Municipalities, 2016
The Municipal Administration and Water Supply (Elections) Department issued G.O. (Ms.) No.146, dated 24 October 2016, by order of the Governor of Tamil Nadu, appointing the Commissioners of Municipalities as Special Officers of their respective Municipalities. The appointment took effect on 25 October 2016 and continued until the first meetings of the newly elected Municipal councils or 31 December 2016, whichever was earlier.
What the government order does
G.O. (Ms.) No.146 of the Municipal Administration and Water Supply (Elections) Department transfers the exercise of municipal powers and functions to Special Officers for a temporary period. The Governor of Tamil Nadu appointed the Commissioner of each Municipality as the Special Officer for that Municipality.
The notification was ordered to be published in an extraordinary issue of the Tamil Nadu Government Gazette dated 24 October 2016. It came into force on 25 October 2016.
Why Special Officers were appointed
The appointment followed disruption to the planned local body elections. The Tamil Nadu State Election Commission had issued notifications for elections to fill ordinary vacancies for ward members and councillors in Town Panchayats, Municipalities and Corporations.
The High Court of Madras, through an interim order dated 4 October 2016 in W.P. No.33984/2016, quashed the election notifications and directed that fresh notifications be issued. It also directed that the election process be completed according to law at the earliest, no later than 31 December 2016, and that Special Officers administer local bodies until elections were held.
The existing Municipal councils were due to complete their terms on 24 October 2016. The Commissioner of Municipal Administration and the Tamil Nadu State Election Commission therefore requested the Government to appoint Special Officers.
Legal and time limits
The Tamil Nadu Municipal Laws (Third Amendment) Ordinance, 2016 inserted a provision into the Tamil Nadu District Municipalities Act, 1920 enabling the State Government to appoint Special Officers.
Key provisions were:
- Municipal Commissioners became Special Officers of their respective Municipalities.
- Special Officers could exercise the powers and discharge the functions of the Municipalities.
- Their role continued only until the first meeting of each Municipal council following ordinary elections, or until 31 December 2016, whichever occurred first.
- The notification applied from 25 October 2016.
Relevance to property owners and buyers
G.O. (Ms.) No.146 concerns who administered Municipalities during the temporary period after elected councils completed their terms. It does not state any change to land ownership, property registration, land classification, tax rates, building requirements or fees. A property owner or professional dealing with a Municipality during the covered period may find it relevant when identifying the municipal authority then responsible for exercising municipal powers and functions.
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
Who administered Municipalities after the councils completed their terms?
The Commissioner of each Municipality was appointed as the Special Officer for that Municipality.
When did the appointment of Special Officers take effect?
The notification came into force on 25 October 2016.
How long were the Special Officers meant to remain in charge?
They were to remain until the first meetings of the Municipal councils after ordinary elections, or until 31 December 2016, whichever was earlier.
Does G.O. (Ms.) No.146 change property rights or land rules?
The document does not state any change to property rights or land rules. It appoints Municipal Commissioners as Special Officers to exercise municipal powers and functions temporarily.
