Panchayat Union Councils (Special Provisions for First Constitution) Act, 1960
Whereas it is expedient to make special provisions for the first constitution of panchayat union councils under the 1[Tamil Nadu] Panchayats Act, 1958 (1[Tamil Nadu] Act XXXV of 1958);
Be it enacted in the Eleventh Year of the Republic of India as follows:
Section 1. Short title
This Act may be called the 4[Tamil Nadu] Panchayat Union Councils (Special Provisions for First Constitution) Act, 1960.
Section 2. Composition strength and duration of first pancha yat union councils
(1) Notwithstanding anything contained in the 5[Tamil Nadu] Panchayats Act, 1958 (5[Tamil Nadu] Act XXXV of 1958) (hereinafter referred to as the said Act), but subject to sub-section (2)
6[(a) a panchayat union council constituted for any panchayat union for the first time under the said Act or any other law for the time being in force shall consist of
(i) the presidents for the time being of the panchayats and the chairman for the time being of the township committees in the panchayat union; or
(ii) in the case of any panchayat or township committee specified in the notification issued under section 3, for the period specified in that notification, the members (including the president and vice-president) for the time being of the panchayat or the members (including the chairman) for the time being of the township committee, as the case may be, in the panchayat union;]
(b) the term of office of members of the panchayat union council referred to in clause (a) shall be such as the State Government or any officer authorized by them in this behalf may, by notification, specify; and
(c) 7[the president or vice-president of a panchayat shall not cease to hold office as such] on his election as chairman or vice-chairman of the panchayat union council referred to in clause (a).
(2) Save as otherwise provided in sub-section (1), all the provisions of the said Act shall apply to the panchayat union council referred to in that sub-section and to the members of that panchayat union council.
Section 3. All members of specified panchayats or township committees to be members of panchayat union council
3. All members of specified panchayats or township committees to be members of panchayat union council 8[Notwithstanding anything contained in the said Actor this Act as amended by the 9[Tamil Nadu] Panchayats (Extension to Transferred Territory) and Panchayat Union Councils (Special Provisions for First Constitution) Amendment Act, 1961 or any other law for the time being in force, the State Government may, by notification, direct that all the members (including the president and vice-president or the chairman as the case may be) of such panchayat or township committee in a panchayat union, as may be specified in the notification, shall be members of the panchayat union council concerned for such period as may be specified in the notification.
Section 4. Removal of doubts
For the removal of doubts, it is hereby declared that
(1) this Act as amended by the 10[Tamil Nadu] Panchayats (Extension to Transferred Territory) and Panchayat Union Councils (Special Provisions for First Constitution) Amendment Act, 1961, shall continue in force in the whole of the 11[State of Tamil Nadu] including the added territory and the transferred territory, and shall be deemed always to have continued in force;
(2) any member of a panchayat union council holding office as such member by virtue of the provisions of this Act at the commencement of the 10[Tamil Nadu] Panchayats (Extension to Transferred Territory) and Panchayat Union Councils (Special Provisions for First Constitution) Amendment Act, 1961, shall cease to be a member of such panchayat union council
(a) on such commencement, in case he has ceased to be the president of any panchayat in the panchayat union concerned before such commencement, and
(b) on the date on which he ceases to be such president in other cases,
unless he is entitled to continue as a member of the panchayat union council in any other capacity.
Explanation. For the purpose of this section
(1) 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); and
(2) transferred territory means the Kanyakumari district and the Shencottah taluk of the Tirunelveli district].
1. These words were substituted for the word Madras by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment Order, 1969);
2. For Statement of Objects and Reasons, see Fort St. George Gazette Extraordinary, dated the 28th April, 1960, Part IV-A, page 184.
3. Received the assent of the Governor on the 16th September, 1960; first published in the Fort St. George Gazette Extraordinary on the 11th September, 1960 (Bhadra 26, 1882)
4. This Act was repealed in its application to the added territory by section 27(2) of the Tamil Nadu Panchayats (Amendment and Miscellaneous Provisions) Act, 1964 (Tamil Nadu Act 18 of 1964).
5. This Act was repealed in its application to the added territory by section 27(2) of the Tamil Nadu Panchayats (Amendment and Miscellaneous Provisions) Act, 1964 (Tamil Nadu Act 18 of 1964).
6. This clause was substituted for the following clause (a) by section 5(i) of the Tamil Nadu Panchayats (Extension to Transferred Territory) and Panchayat Union Councils (Special Provisions for First Constitution) Amendment Act, 1961 (Tamil Nadu Act 27 of 1961): (a) a panchayat union council constituted for any panchayat union for the first time under the said Act shall consist of the presidents of the panchayats in the panchayat union who, on the date specified in the notification issued under sub-section (1) of section 11 of the said Act constituting the panchayat union council, are holding office as such presidents;
7. These words were substituted for the words the president shall not cease to hold office as such by section 5(ii), ibid.
8. Sections 3 and 4 were added by section 6 of the Tamil Nadu Panchayats (Extension to Transferred Territory) and Panchayat Union Councils (Special Provisions for First Constitution) Amendment Act, 1961 (Tamil Nadu Act 27 of 1961).
9. These words were substituted for the word Madras by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
10. These words were substituted for the word Madras by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
11. This expression was substituted for the expression State of Madras by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.