Section 41 in Tamil Nadu District Municipalities Act, 1920
41. State Government's power to dissolve [xxx] [The words 'or supercold' was omitted by Tamil Nadu Act 25 of 1994] council.
- [(1) If, in the opinion of the State Government, the municipality is not competent to perform or persistently makes default in performing the duties imposed on it by law or exceeds or abuses its powers, the State Government may, by notification-(a)dissolve the municipality from a specified date; and(b)direct that the municipality be reconstituted with effect from a date which shall not be later than six months from the date of dissolution.](1A)[ Before publishing a notification under sub-section (1), the [State Government] [This sub-section was inserted by section 34(ii) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)] shall communicate to the council concerned the grounds on which they propose to do so, fix a reasonable period for the council to show cause against the proposal and consider its explanations or objections, if any:Provided that where a council has disobeyed an order issued under section 36, the [State Government] [The words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order of 1937 and the word 'State' was substituted for 'Provincial' by the Adaptation Order of 1950] shall not be bound to follow the procedure laid down in this sub-section.] [Substituted by Tamil Nadu Act 25 of 1984](2)[ On the date fixed for the dissolution of the council under sub-section (1), all its members as well as its chairman and vice-chairman shall forthwith be deemed to have vacated their offices and the persons referred to in sub-section (2) of section 3-C or sub-section (3) of section 7, as the case may be, shall cease to be represented in the Council and fresh elections shall be held in accordance with the provisions of this Act. [xxx] [This sub-section was substituted for the original sub-section y section 34(iii) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)]](3)[Dissolution] [Substituted by Tamil Nadu Act 25 of 1994] shall take effect from noon on the date of application of the notification, if no date is therein specified, and thereupon the following consequences shall ensue:(a)All the members of the council as well as [its chairman and vice-chairman shall forthwith be deemed to have vacated their offices.] [These words were substituted for the words 'the chairman and vice-chairman shall forthwith vacate their office' by section 34(iv)(a) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)](b)All or any of the [functions of the council] [These words were substituted for the words 'the chairman and vice-chairman shall forthwith vacate their office' by section 34(iv)(a) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)] and of its chairman [xxx] [Omitted by Tamil Nadu Act 23 of 1978] may, [during the period of dissolution] [Substituted by Tamil Nadu Act 25 of 1994], be exercised and performed, as far as may be, and to such extent as the [State Government] [The words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order of 1937 and the word 'State' was substituted for 'Provincial' by the Adaptation Order of 1950] may determine, by such persons as the [State Government] [The words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order of 1937 and the word 'State' was substituted for 'Provincial' by the Adaptation Order of 1950] [appoint] [This word was substituted for the word 'appoints' by the Schedule to the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu X of 1930)] in that behalf and any such person who is not a District Collector or Revenue Divisional Officer may, if the [State Government] [The words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order of 1937 and the word 'State' was substituted for 'Provincial' by the Adaptation Order of 1950] [so direct] [These words were substituted for the words 'so direct' by the Schedule to the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)], receive, payment for his services from the municipal fund; the [State Government] [The words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order of 1937 and the word 'State' was substituted for 'Provincial' by the Adaptation Order of 1950] may determine the relations of such person with the municipal secretary (if any), with the district controlling officers and [with themselves] [These words were substituted for the words 'with himself' by the Adaptation Order of 1950]; and where there is a [commissioner] [This word was substituted for the words 'paid chairman' by section 17(2) of the Madras District Municipalities (Amendment) Act, 1933 (Madras Act XV of 1933)], the [State Government] [The words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order of 1937 and the word 'State' was substituted for 'Provincial' by the Adaptation Order of 1950] may direct him to exercise and perform any powers an duties of the council in addition to his own.(c)[xxx] [This clause was omitted by section 34(iv)(b) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)](4)An election to reconstitute a municipal council shall be completed, before the expiration of the period of six months from the date of its dissolution:Provided that where the remainder of the period for which the dissolved municipal council would have continued is less than six months, it shall not be necessary to hold any election under this sub-section for constituting the municipal council for such period.(5)All the newly elected councillors for the reconstituted municipality 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 municipality would have continued, had it not been so dissolved.] [Substituted by Tamil Nadu Act 25 of 1994](6)[ When a council is dissolved [xxx] [This sub-section was added by section 34(vii) of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)] under this section, the [State Government] [The words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order of 1937 and the word 'State' was substituted for 'Provincial' by the Adaptation Order of 1950] until the date of the reconstitution thereof and the reconstituted council thereafter shall be entitled to all the assets and be subject to all the liabilities of the council as on the date of the dissolution, or supersession and on the date of the reconstitution respectively.]
