Section 44A in Chennai City Municipal Corporation Act, 1919
44A. [ State Government's power to dissolve [* * *] [Inserted by Tamil Nadu Act 22 of 1965.] the corporation.
- [(1) If, in the opinion of the State Government, the corporation is not competent to perform or persistently makes default in performing the duties imposed on it by law or exceeds or abused its powers, the State Government may, by notification,-] [Substituted by Act 26 of 1994.](a)dissolve the corporation from a specified date; and(b)direct that the corporation be reconstituted with effect from a date, which shall not be later than six months from the date of dissolution.(1-A) An election to reconstitute the corporation shall be completed before the expiration of a period of six months from the date of its dissolution.(2)Before publishing a notification under sub-section (1), the State Government shall communicate to the corporation the grounds' on which they propose to do so, fix a period of not less than thirty days for the corporation to show cause against the proposal and consider its explanations or objections, if any.(3)Nothing contained in sub-section (1) shall affect the office of the commissioner.(4)On the date fixed for the dissolution of the corporation under sub-section (1), all its members as well as the Mayor and the Deputy Mayor (including councillors who are members of committees established or constituted by or under this Act) shall forthwith be deemed to have vacated their offices [and the persons referred to in sub-section (2) of section 5 shall cease to be represented in the council] [Inserted by Tamil Nadu Act 26 of 1994.] and fresh elections shall be held in accordance with the provisions of this Act [* * *] [The words 'the newly elected councillors shall enter upon their offices on the date fixed for the reconstitution of the corporation' were omitted by Tamil Nadu Act 10 of 1968.].(5)[Dissolution] [Substituted by the Tamil Nadu Municipal Corporation Laws (Amendment and Special Provisions) Act, 1994 (Tamil Nadu Act 26 of 1994).] shall take effect from noon on the date of publication of the notification, if no date is therein specified, and thereupon the following consequences shall ensure-(a)All the members of the corporation as well as the Mayor and the Deputy Mayor (including councillors who are members of committees established or constituted by or under this Act) shall forthwith be deemed to have vacated their offices;(b)All or any of the functions of the corporation, of the Mayor and of the committees established or constituted by or under this Act except the Taxation Appeals Committee may, [during the period of dissolution] [Substituted by the Tamil Nadu Municipal Corporation Laws (Amendment and Special Provisions) Act, 1994 (Tamil Nadu Act 26 of 1994).], be exercised and performed, as far as may be, and to such extent as the State Government may determine by such person as the State Government appoint in that behalf and any such person, may, if the State Government so direct, receive payment for his services from the municipal fund; the State Government may determine the relations of such person with themselves and may direct the commissioner to exercise and perform any powers and duties of the corporation and of the committees aforesaid except the Taxation Appeals Committee in addition to his own;(c)All or any of the functions of the Taxation Appeals Committee may, [during the period of dissolution] [Substituted by the Tamil Nadu Municipal Corporation Laws (Amendment and Special Provisions) Act, 1994 (Tamil Nadu Act 26 of 1994).], be exercised and performed by the chairman of the said Committee.(5-A) Omitted by the, Tamil Nadu Municipal Corporation Laws (Amendment and Special Provisions) Act, 1994 (Tamil Nadu Act 26 of 1994).(6)Omitted by the Tamil Nadu Municipal Corporation Laws (Amendment and Special Provisions) Act, 1994 (Tamil Nadu Act 26 of 1994).(7)The State Government may reconstitute the corporation before the expiry of the period notified under sub-section (1) [* * *] [Omitted by the Tamil Nadu Municipal Corporation Laws (Amendment and Special Provisions) Act, 1994 (Tamil Nadu Act 26 of 1994).][(7-A) All the newly elected councillors of the reconstituted corporation shall enter upon their offices on the date fixed for its reconstitution and they shall hold their offices only for the remainder of the period for which the dissolved corporation would have continued under sub-section (1) of section 5-B, had it not been dissolved.] [Inserted by Act 26 of 1994.](8)When the corporation is dissolved [* * *] [Omitted by the Tamil Nadu Municipal Corporation Laws (Amendment and Special Provision) Act, 1994 (Tamil Nadu Act 26 of 1994).] under this section, the State Government until the date of the reconstitution thereof and the reconstituted corporation thereafter shall be entitled to all the assets and be subject to all the liabilities of the corporation as on the date of the dissolution [* * *] [Omitted by the Tamil Nadu Municipal Corporation Laws (Amendment and Special Provisions) Act, 1994 (Tamil Nadu Act 26 of 1994).] and on the date of the reconstitution respectively.]
