Tamil Nadu Panchayats (Amendment) Act, 1982*
| [Tamil Nadu Act No. 8 of 1982]* | [6th March, 1982] |
An Act further to amend the Tamil Nadu Panchayats Act, 1958.
Whereas provisions have been made in the Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958) for reserving not exceeding eighteen per cent of the total number of office of presidents of panchayats and chairmen of panchayat union councils in the State for the members of the Scheduled Castes and Scheduled Tribes and not exceeding fifteen per cent of the said office in the State for women;
And Whereas the State Government have, after careful consideration, taken a policy decision that for the purpose of reservation of the office of presidents of panchayats, each panchayat union shall be a unit and for the purpose of reservation of the office of chairmen of panchayat union councils, each district shall be a unit and such reservation should be distributed in different parts within the said unit;
And Whereas for the above purposes it is expedient that the Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958) should be amended;
Be it enacted by the Legislature of the State of Tamil Nadu in the Thirty-third Year of the Republic of India as follows:-
* For Statement of Objects and Reasons see, Tamil Nadu Government Gazette Extraordinary dated the 8th February, 1982 Part IV-Section 1, pages 21-22.
* Received the assent of the Governor on the 4th March, 1982, first published in the Tamil Nadu Government Gazette Extraordinary on the 6th March, 1982 (Masi 22, Thunmathi, Thiruvalluvar Aandu-2013)
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Panchayats (Amendment) Act, 1982.
(2)(a) Sections 3, 4, 5, 6, 7 and 9 shall be deemed to have come into force on the 24th November, 1981;
(b) Sections 2 and 8 shall be deemed to have come into force on the 10th December, 1981.
2. Amendment section 23, Tamil Nadu Act XXXV of 1958.- In section 23 of the Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958) (hereinafter referred to as the principal Act),-
(i) in the marginal heading, for the expression "local bodies", the expression "local bodies, etc.," shall be substituted;
(ii) in sub-section (1), for the expression "Corporation of Madras", the expression Municipal Corporation of Madras, or of Madurai or of Coimbatore or of any other Municipal Corporation constituted under any law for the time being in force or of any body corporate owned or controlled by the State or Central Government" shall be substituted.
3. Amendment of section 30-A, Tamil Nadu Act XXXV of 1958.- In section 30-A of the principal Act, in sub-section (1),-
(i) for the portion beginning with the expression "total number of such office in the State" and ending with the expression "as may be prescribed", the following shall be substituted, namely:-
"total number of such office in each panchayat union and for the purpose of such reservation, each panchayat union shall be a separate unit. The panchayats in respect of which the office of such presidents are to be reserved as aforesaid shall be those which the Government may, by notification, specify having regard to the following provisions, namely:-
(a) the reservation of the office of presidents of panchayats under this sub-section shall be distributed in different parts of the panchayat union; and
(b) such reservation shall, as far as practicable, be in respect of the office of presidents of panchayats of panchayat villages or panchayat towns where the proportion of population of the Scheduled Castes and Scheduled Tribes to the total is comparatively large";
(ii) in the proviso, for the words "for a member of any of the Scheduled Castes or Scheduled Tribes, as the case may be", the following shall be substituted, namely:-
"for the members of the Scheduled Castes and Scheduled Tribes under this sub-section.
Explanation.-For the purposes of this sub-section, sub-section (1) of section 30-B, sub-section (1) of section 36-AA and sub-section (1) of section 36-AAA, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published."
4. Amendment of section 30-B, Tamil Nadu Act XXXV of 1958.- In section 30-B of the principal Act, in sub-section (1), Amendment of for the portion beginning with the expression "total number Tamil Nadu of such office in the State" and ending with the expression Act XXXV of "as may be prescribed", the following shall be substituted, 1958, namely:-
"total number of such office in each panchayat union and for the purpose of such reservation, each panchayat union shall be a separate unit. The panchayats in respect of which the office of such presidents are to be reserved as aforesaid shall be those which the Government may, by notification specify having regard to the following provisions, namely:-
(a) the reservation of the office of presidents of panchayats under this sub-section shall be distributed in different parts of the panchayat union; and
(b) such reservation shall, as far as practicable be in respect of the office of prevents of panchayats of panchayat villages or panchayat towns where the proportion of population of women to the total is comparatively large".
5. Amendment of section 36-AA, Tamil Nadu Act XXXV of 1958.- In section 36-AA of the principal Act, in sub-section (1),-
(i) for the portion beginning with the expression "total number of such office in the State" and ending with the expression "as may be prescribed", the following shall be substituted, namely:-
"total number of such Office in each district and for the purpose of such reservation, each district shall be a separate unit. The panchayat union councils in respect of which the office of such chairmen are to be reserved as aforesaid shall be those which the Government may, by notification, specify having regard to the following provisions, namely:-
(a) the reservation of the office of chairmen of panchayat union councils under this sub-section shall be distributed among the development divisions comprised in each district; and
(b) such reservation shall as far as practicable, be in respect of the office of chairmen of panchayat union councils of panchayat unions where the proportion of population of the Scheduled Castes and Scheduled Tribes to the total is comparatively large";
(ii) in the proviso; for the words "for a member of any of the Scheduled Castes or Scheduled Tribes, as the case may be", the following shall be substituted, namely
"for the members of the Scheduled Castes and Scheduled Tribes under this sub-section.
Explanation.-For the purposes of this sub-section and sub-section (1) of section 36-AAA, the expression ‘development division’ means any local area consisting of two or more panchayat unions as may be declared by the Government, from time to time."
6. Amendment of section 36-AAA, Tamil Nadu Act XXXV of 1958.- In section 36-AAA of the principal Act, in sub-section section (1), for the portion beginning with the expression "total number of such office in the State", and ending with the expression "as may be prescribed", the following shall be substituted, namely
"total number of such office in each district and for the purpose of such reservation, each district shall be a separate unit. The panchayat union councils in respect of which the office of such chairmen are to be reserved as aforesaid shall be those which the Government may, by notification, specify having regard to the following provisions, namely:-
(a) the reservation of the office of chairmen of panchayat union councils under this sub-section shall be distributed among the development divisions comprised in each district; and
(b) such reservation shall, as far as practicable, be in respect of the office of chairmen of panchayat union councils of panchayat unions where the proportion of population of women to the total is comparatively large".
7. Insertion of new sections 36-AB, 36-AC, 36-AD and 36-AE in Tamil Nadu Act XXXV of 1958.- After section 36-AAA of the principal Act, the following sections shall be inserted, namely:-
"36-AB. Publication of preliminary notification regarding reservation.- (1) Before issuing any notification reserving Nadu Act the office of presidents of panchayats and chairmen of panchayat union councils for the members of the Scheduled Castes and Scheduled Tribes and for women under sections 30-A, 30-B, 36-AA and 36-AAA, the Government shall publish the draft of the notification proposed to be issued in the Tamil Nadu Government Gazette and also in such other manner as they think fit.
(2) Within fifteen days from the date of publication of the draft notification in the Tamil Nadu Government Gazette, any objection to anything contained in the draft notification so published, shall be submitted-
(a) in the case of office of president of panchayat, to the Block Development Officer concerned who shall forthwith forward the said objection to the Government and
(b) in the case of office of chairman of panchayat union council, to the District Collector concerned who shall forthwith forward the said objection to the Government.
(3) After expiry of fifteen days from the date of publication of the draft notification and after considering the objection forwarded to the Government by the authorities referred to in sub-section (2), the Government shall confirm or modify the draft notification. The notification as so confirmed or modified shall be finally published under section 30-A, section 30-B, section 36-AA or section 36-AAA as the case may be:-
Provided that where in pursuance of any objection any modification is made under this sub-section ??? draft of such modification shall be published under sub-section (1).
36-AC. Duration of reservation.- (1) The reservation made for the members of the Scheduled Castes and Scheduled Tribes under sections 30-A and 36-AA and for women under sections 30-B and 36-AAA shall be in force for a period of five years from the date of ordinary election to the office of presidents of panchayats and chairmen of panchayat union councils.
(2) After the expiry of the said period of five years, the Government shall, while making fresh reservation under the sections aforesaid, ensure that the reservation is distributed by rotation.
36-AD. Disregarding fraction in determining the number of office of presidents of panchayats, etc.-While determining the number of office of presidents of panchayats or chairmen of panchayat union councils for the purpose of reservation for the Scheduled Castes and Scheduled Tribes under section 30-A or section 36-AA or for women under section 30-B or section 36-AAA, as the case may be, any fraction thereof shall be disregarded.
36-AE. Bar of jurisdiction.-No notification issued under section 30-A, section 30-B, section 36-AA, section 36-AAA or section 36-AB shall be called in question in any court in any suit or application and no injunction shall be granted by any court in respect of any such notification."
8. Amendment of section 155, Tamil Nadu Act XXXV of 1958.- In section 155 of the principal Act, in sub-section (1), in clause (b), in the proviso, for the expression "four years and five months", the expression "four years and eleven months" shall be substituted.
9. Amendment of section 199, Tamil Nadu Act XXXV of 1958.- In section 199 of the principal Act,-
(1) in sub-sections (1) and (1-A), for the expression "16, 30-A or 30-B", the expression "or 16" shall be substituted;
(2) in sub-section (1), for the words and letters "Fort St. George Gazette", the words "Tamil Nadu Government Gazette" shall be substituted.
10. Repeal and saving.- (1) The Tamil Nadu Panchayats (Fourth Amendment) Ordinance, 1981 (Tamil Nadu Ordinance 13 of 1981), and the Tamil Nadu Panchayats (Fifth Amendment) Ordinance, 1981 (Tamil Nadu Ordinance 16 of 1981), are hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the paid Ordinances shall be deemed to have been done or taken under the principal Act, as amended by this Act.