Section 44 in Tamil Nadu District Municipalities Act, 1920
44. [ [Section 44 was substituted by the Madras City Municipal and District Municipalities and Local Boards (Amendment) Act, 1938 (Tamil Nadu Act II of 1938).]
[(1) The electoral roll of the municipality shall be the same as the electoral roll of the Tamil Nadu Legislative Assembly prepared and revised in accordance with the provisions of law for the time being in force in a municipality and shall be deemed to be the electoral roll for such municipality for the purposes of this Act and that no amendment, transposition or deletion of any entry in the electoral roll of the Tamil Nadu Legislative Assembly made after the last date for making nominations for election in any municipality and before the notification of the result of such election, shall form part of the electoral roll for such election, for the purpose of this section.](1A)A person shall be disqualified for registration in an electoral roll, if he-(a)is not a citizen of India; or(b)is of unsound mind and stands so declared by a competent Court; or(c)is, for the time being, disqualified from voting under the provisions of section 60 or any law relating to corrupt practices and other offences in connection with elections.(1B)No person shall be entitled to be registered in the electoral roll for any municipality more than once.(1C)No person registered in the electoral roll for a municipality shall be entitled to be registered in the electoral roll for another municipality, panchayat or city.Explanation. - For the purpose of this sub-section, the expression "panchayat" and "city" shall have the meanings respectively assigned to them in the [Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958)] [This Act was repealed and re-enacted as the Tamil Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994)], the [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of 1996)] City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919) or the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971) or in any other law for the time being in force.(1D)Subject to the provisions of sub-sections (1), (1-A), (1-B) and (1-C), every person who-(a)is not less than eighteen years of age on the qualifying date; and(b)is ordinarily resident in a municipality, shall be entitled to be registered in the electoral roll for that municipality.Explanation. - For the purpose of this section, "qualifying date" in relation to the preparation or revision of an electoral roll under this Act, means the first day of January of the year in which it is so prepared or revised.(1E)(a)A person shall not be deemed to be ordinarily resident in a municipality on the ground only that he owns, or in possession of, a dwelling house therein.(b)A person, absenting himself temporarily from his place of ordinary residence shall not, by reason thereof, cease to be ordinarily resident therein.(c)A person who is a patient in any establishment maintained wholly or mainly for the reception and treatment of persons suffering from mental illness or mental defectiveness or who is detained in prison or other legal custody at any place, shall not, by reason thereof, be deemed to be ordinarily resident therein.(d)If in any case a question arises as to whether a person is ordinarily resident in a municipality at any relevant time, the question shall be determined by the [Tamil Nadu State Election Commission] [Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 2001 (Tamil Nadu Act 22 of 2001)] in accordance with such rules as may be prescribed.(2)Any officer of the State Government or the Municipality Authorised in this behalf by the [Tamil Nadu State Election Commission] [Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 2001 (Tamil Nadu Act 22 of 2001)] in consultation with the State Government shall, for the purposes of this Act, prepare and publish in such manner and at such lime as the State Government may direct, the electoral roll for the municipality or the alternations to such roll, as the case may be.Explanation. - The power conferred by this sub-section on the person so authorised shall include the power to omit, in the matter and at the times aforesaid, from the electoral roll for the municipality published under this sub-section, the name of the person who is dead or who incurs any of the disqualification specified in sub-section (1-A) [or who is disqualified to be included in such part of the electoral roll for any territorial constituency of the Tamil Nadu Legislative Assembly as relates to that ward:]Provided that the name of any person omitted from the electoral roll for the municipality by reason of a disqualification under clause (c) of sub-section (1-A) shall forthwith be reinstated in that roll if such disqualification is, during the period such roll is in force, removed under any law authorizing such removal.(2A)To assist the person authorised under sub-section (2), the [Tamil Nadu State Election Commission] [Substituted by the Tamil Nadu District Municipalities (Amendment) Act, 2001 (Tamil Nadu Act 22 of 2001).] may employ such persons as it thinks fit.Explanation 1. - Where [in the case of any Assembly constituency there is no distinct part of the electoral roll relating to the municipality [all persons who are qualified to be included] [Substituted for the words 'in the case of any territorial constituency of the Madras Legislative Assembly, there is no distinct part of the electoral roll relating to the municipality, the names of all persons whi are entered or who are qualified to be included,' by section 2(i)(a)(ii) of the Tamil Nadu District Municipalities, District Board and Village Panchayats (Amendment) Act, 1951 (Tamil Nadu Act XXIV of 1951). (Section 1 of Tamil Nadu Act XXIV of 1951 came into force on the 25th September 1951. All the other section of the Act came into force on the 24th December 1951).] in such roll] under the registration area comprising the municipality and whose addresses are situated in the municipality shall be entitled to be included in the electoral roll for the municipality prepared for the purposes of this Act.Explanation 2. - No person's name shall be included in the electoral roll for the municipality in more than one place.(2)[ Any person authorized in this behalf by the State Government shall, for the purposes of this Act, prepare and publish in such manner and at such times as the State Government may direct, the electoral roll for the municipality or the alterations to such roll, as the case may be.Explanation. - The power conferred by this sub-section on the person so authorized shall include the power to omit, in the manner and at the times aforesaid, from the electoral roll for the municipality published under this sub-section the name of any person who is dead or who is disqualified to be included in such part of the electoral roll for any Assembly constituency as relates to the municipality or any portion thereof.] [This sub-section and Explanation were substituted for sub-section (2) by section 3(1)(b) of the Madras City Municipal Corporation, District Municipalities and Panchayats (Amendment) Act, 1968 (Tamil Nadu Act 6 of 1968)](3)When a municipality has been divided into wards, the electoral roll for the municipality shall be divided into separate list for each ward.(4)Where after the-electoral roll for a municipality or any alterations thereto have been published under sub-section (2), the municipality is divided into wards for the first time or the division of the municipality into wards is altered, [or the limits of the municipality are varied] [Inserted by section 2(i)(c) of the Tamil Nadu District Municipalities and Local Board (Amendment) Act, 1947 (Tamil Nadu Act II of 1947)] [the person authorized under that sub-section] [Substituted for the words 'the election authority' by section 3(1)(c) of the Madras City Municipal Corporation District Municipalities and Panchayats (Amendment) Act, 1968 (Tamil Nadu Act 6 of 1968)] shall, as soon as may be after such division or alteration, [or variation] [Inserted by section 2(i)(c) of the Tamil Nadu District Municipalities and Local Board (Amendment) Act, 1947 (Tamil Nadu Act II of 1947)], as the case may be, in order to give effect to the division of the municipality into wards or to the alteration of the wards, [or to the variation] [Inserted by section 2(i)(c) of the Tamil Nadu District Municipalities and Local Board (Amendment) Act, 1947 (Tamil Nadu Act II of 1947)] of the limits, as the case may be, authorize a re-arrangement and republication and republication of the electoral roll for the municipality or any part of such roll, in such manner as the [State] [This word was substituted for the word 'Provincial' by the Adaptation Order of 1950] Government may direct.(4A)[ No alteration shall be made in any part of the electoral roll for the municipality published under sub-section (2) as revised by any alterations thereto subsequently published under that sub-section or under sub-section (4), after the last date fixed for making nomination of candidates for election to a ward and before the result of the election for the ward is notified.] [This sub-section was inserted by section 15(ii) of the Madras City Municipal Corporation and District Municipalities (Amendment) Act, 1962 (Tamil Nadu Act 10 of 1962)](5)The electoral roll for the municipality published under sub-section (2), as revised by any alterations thereto subsequently published under that sub-section or under sub-section (4), shall remain in force until the publication of a fresh electoral roll for the municipality under sub-section (2).(6)Every person whose name appears in the electoral roll for the municipality, as so revised, shall, so long as it remains in force, be entitled, subject to the provisions of this Act, to vote at an election; and no person whose name does not appear in such roll shall vote at an election.Explanation. - [xxx] [Explanation was omitted by Tamil Nadu Act 32 of 1980].]
