Section 368 in Tamil Nadu District Municipalities Act, 1920
368. Special provision in the case of newly constituted and reconstituted municipal council.
(1)Notwithstanding anything contained in this Act, when a municipality is constituted for the first time, the [State Government] [The words 'Provincial Government' were substitute 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 appoint a Special Officer to exercise the powers, discharge the duties and perform the functions of the municipal council [and its chairman and executive authority] [These words were substituted for the word 'chairman' by section 17(1) of the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Madras Act XV of 1933).].(2)The Special Officer shall cause arrangements for election to be made so that the newly elected [chairman or councillors] [Substituted for 'councillors' by Tamil Nadu Act No. 15 of 2011, dated 06.09.2011, w.e.f. 12.9.2011.] may come into office on a day within six months from the date of publication of the notification under sub-section (3) of section 4 declaring the area to be a municipality.(3)The Special Officer shall exercise the powers, discharge the duties and perform the functions of the municipal council until the council has been constituted [of the chairman [by the council] [These words were substituted for the words 'and of the chairman until a chairman has been elected by the council' by the Tamil Nadu Laws (Amendment) Act, 2006 (Tamil Nadu Act 18 of 2006).]] [xxx] [Omitted by Tamil Nadu Act 23 of 1978] and of the executive authority [by the council] [Substituted for the words 'until a chairman has been elected' by Tamil Nadu Act 23 of 1978] or a commissioner has been appointed, as the case may be.(4)[xxx] [Omitted by Tamil Nadu Act 23 of 1978](5)The term of office of the [chairman or councillors] [Substituted for 'councillors' by Tamil Nadu Act No. 15 of 2011, dated 06.09.2011, w.e.f. 12.9.2011] or of the councillors elected in their places at casual vacancies shall be [five years] [This words were substituted for the words 'three years' by section 37(1)(a) of the Madras City Municipal Corporation and Tamil Nadu District Municipalities (Amendment and Extension of Term of Office) Act, 1971 (Tamil Nadu Act 22 of 1971).] beginning and expiring at noon on such date as the State Government may, by notification, appoint in that behalf and different dates may be appointed for different municipal councils:[xxx] [Omitted by the Tamil Nadu District Municipalities (Amendment) Act, 1944 (Tamil Nadu Act 25 of 1994).](6)The provisions of sub-sections (1) to (5) shall apply save as otherwise provided in this Act and, so far as may be, to all cases of reconstitution of municipal councils [and to all cases where ordinary vacancies in the] [These words were added by section 3(3)(b) of the Madras City Municipal Corporation and District Municipalities (Amendment) Act, 1968 (Tamil Nadu Act 10 of 1968)] office of [chairman or councillors] [Substituted for 'councillors' by Tamil Nadu Act No. 15 of 2011, dated 06.09.2011, w.e.f. 12.9.2011.] have not been filled.(7)Where the number of seats on a municipal council is increased by or in consequences of a notification under sub-section (1) of section 7, the councillors elected for the additional seats or the councillors elected in their places at casual vacancies shall hold office until the date on which the councillors elected to the original seats at the ordinary elections immediately preceding will vacate office.
