Tamil nadu act 028 of 1961 : Tamil Nadu District Development Councils and Panchayats (Extension to Added Territory) Act, 1961

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the ¹[Tamil Nadu] District Development Councils and Panchayats (Extension to Added Territory) Act, 1961.

(2) It shall come into force on such date as the State Government may, by notification, appoint.

Section 2. Definitions

2. Definitions.- In this Act, unless the context otherwise requires.-

(a) "added territory" means the territories specified in the Second Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959 (Central Act 56 of 1959);

(b) "appointed day" means the date appointed under sub-section (2) of section 1 for the coming into force of this Act;

(c) "District Development Councils Act" means the ¹[Tamil Nadu] District Development Councils Act, 1958 ¹[Tamil Nadu] Act XVIII of 1958);

(d) ‘existing law’ means any law, Ordinance, Proclamation, regulation, order, by-law or rules passed or made before the appointed day, by Parliament, or by any Legislature, authority or person having power to make such a law, Ordinance, Proclamation, regulation, order, bylaw or rule;

(e) "Panchayats Act" means the ¹[Tamil Nadu] Panchayats Act, 1958 (¹[Tamil Nadu] Act XXXV of 1950).

Section 3. Extension of Tamil Nadu 1958 to the added territory

3. Extension of Tamil Nadu 1958 to the added territory.- (1) Subject to the provisions of sub-section (2) with effect, on and from the appointed day, the District Development Councils Ac, is hereby extended to, and shall be in force in, the added territory.

(2) Notwithstanding anything contained in the District Development Councils Act, or and from the appointed day:-

(a) the territories specified in Parts I, II and III of the Second Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959 (Central Act 56 of 1959) shall be deemed to form part of the Chingleput district, and

(b) the territories specified in Parts IV, V, VI, VII and VIII of the said Second Schedule shall be deemed to form part of the North Vellore district,

for the purposes of the District Development Councils Act.

Explanation.-For the purposes of this sub-section, the word ‘district’ shall have the meaning assigned to it in clause (1) of section 2 of the District Development Councils Act.

Section 4. Extension of Tamil Nadu Act XXXV of 1958 to the added territory

4. Extension of ¹[Tamil Nadu Act] XXXV of 1958 to the added territory.- (1) Subject to the provisions of sub-section (2), with effect on and from the appointed day, the Panchayats Act is hereby extended to, and shall be in force in, the added territory.

(2) Notwithstanding anything contained in the Panchayats Act, on and from the appointed day,-

(a) each of the local areas specified in column (2) of Schedule I forming the development block specified in the corresponding entry in column (1) thereof for the purpose of the National Extension Service Scheme of Community Development shall be a panchayat development block and such panchayat development block shall be a panchayat union by the name specified in the corresponding entry in column (3) thereof;

(b) there shall be a panchayat union council for each of the panchayat unions specified in Schedule I;

(c) the villages specified in column (1) of Schedule II shall be deemed to have been included in the panchayat development block and the panchayat union specified in the corresponding entries in columns (2) and (3) thereof;

(d) the members of a panchayat holding office on the appointed day shall be deemed to be elected members of the panchayat under the Panchayats Act, as extended by this Act, and such members shall continue to hold office up to the 2nd day of October, 1963 or up to such date as the Government may, by notification, fix in this behalf.

Explanation I.-Every panchayat development block formed under clause (a) shall be deemed to be a panchayat development block declared under clause (a) of sub-section (3) of section 7 of the Panchayats Act.

Explanation II.-Every panchayat union constituted and named under clause (a) shall be deemed to be a panchayat union declared and named under clauses (b) and (c) of sub-section (3) of section 7 of the Panchayats Act.

Explanation III.-Every panchayat union council constituted, under clause (b) shall be deemed to be a panchayat union council constituted by a notification under sub-section (1) of section 11 of the Panchayats Act withe effect on and from the appointed day.

Explanation IV. -A panchayat union council constituted before the appointed day for a panchayat union specified in column (3) of Schedule II shall, in relation to the villages specified in the corresponding entries in column (I) thereof, be deemed to be constituted by a notification under sub-section (1) of section 11 of the Panchayats Act with effect on and from the appointed day.

Section 5. Repeal of Andhra Pradesh Act XXXV of 1959

5. Repeal of Andhra Pradesh Act XXXV of 1959.- (1) With effect on and from the appointed day, the Andhra Pradesh Panchayat Samithis and Zilla Parishads Act, 1959 (Andhra Pradesh Act XXXV of 1959) (hereinafter in this section referred to as the said Act), as in force in the added territory immediately before the appointed day, shall stand repealed in the added territory.

(2) Notwithstanding such repeal any Panchayat Samithi constituted under the said Act in respect of any area in the added territory shall, on the constitution of a panchayat union council for such area under the Panchayats Act, as extended by this Act, stand dissolved and all the assets and liabilities of such Panchayat Samathi shall stand transferred to and vested in the panchayat union council.

(3) Any reference in the Panchayats Act, as extended by this Act, to a law which is not in force in the added territory on the appointed day shall, in relation to the added territory, be construed as a reference to the corresponding law, if any, in force in the added territory on the appointed day.

(4) Any reference to the said Act in any existing law which continues to be in force in the added territory after the appointed day shall, in relation to that territory be construed as a reference to the Panchayats Act, or the District Development Councils Act, as the case may be.

(5) Any reference, by whatever form of words, in any existing law to any authority competent at the date of the passing of that law to exercise any powers or discharge any functions in the added territory shall, where a corresponding new authority has been constituted by or under the Panchayats Act, or the District, Envelopment Councils Act, as extended by this Act, have effect as if it were a reference to that new authority.

(6) Subject to the provisions of sub-section (2), the repeal of the said Act by sub-section (1) shall not a effect-

(a) the previous operation of the said Act or anything done or duly suffered thereunder; or

(b) any right, privilege, obligation or liability acquired, accrued or incurred under the said Act; or

(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said Act; or

(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed.

(7) Subject to the provisions of sub-section (6), anything done or any action taken, including any appointment or delegation made, notification, order, instruction or direction issued, rule, regulation, form, by-law or scheme framed, certificate, permit or licence granted or registration effected under the said Act shall be deemed to have been done or taken under the corresponding provisions of the Panchayats Act, or the District Development Councils Act, as extended by this Act and shall continue in force accordingly, unless and until superseded by anything done or any action taken under the Panchayats Act, or the District Development Councils Act, as extended by this Act.

(8) For the purpose of facilitating the application of the Panchayats Act or the District Development Councils Act, as extended by this Act, in the added territory, any court or other authority may construe the Panchayats Act or the District Development Councils Act, as the case may be, with such alterations not affecting the substance as may be necessary or proper to adapt it to the matter before the court or other authority.

(9) Any reference to the ¹[Tamil Nadu] District Boards Act, 1920 (¹[Tamil Nadu] Act XIV of 1920) in the Panchayats Act, as extended by this Act, shall, unless the subject or context otherwise requires, be construed as including a reference to the said Act and any reference to a district board shall be construed as including a reference to a Panchayat Samithi.

Section 6. Power to remove difficulties

6. Power to remove difficulties.- (1) If any difficulty arises in giving effect to the provisions of the Panchayats Act, or the District Development Councils Act, as extended by this Act, the State Government, as occasion may require, may, by order, do anything which appears to them to be necessary for the purpose of removing the difficulty.

(2) Every order issued under sub-section (1) shall, as soon as possible after it is issued, be placed on the table of both Houses of the Legislature, and if, before the expiry of the session in which it is so placed or the next session, both Houses agree in making any modification in any such order or both Houses agree that the order should not be issued, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.