Tamil Nadu Panchayats (Amendment) Act, 1987*
| [Tamil Nadu Act No. 13 of 1987] | [25th May, 1987] |
An Act further to amend the Tamil Nadu Panchayats Act, 1958
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Thirty-eighth Year of the Republic of India as follows:-
* Received the assent of the Governor on the 25th May, 1987 and published in the Tamil Nadu Government Gazette, Extraordinary.
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Panchayats (Amendment) Act, 1987.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
2. Insertion of new section 149-B in Tamil Nadu Act XXXV of 1958.- After section 149-A of the Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958) (hereinafter referred to as the principal Act), the following section shall be inserted, namely:-
"149-B. Special provision for recall of president or member of town panchayat by voters in a referendum to be held.- (1) Notwithstanding anything contained in this Act or in any other law for the ??? in force, if a representation in writing signed by not less ??? of the voters in any panchayat in the case of a president and one-fourth of the voters in the ward of a panchayat ??? of any member of a towns panchayat, alleging that the ??? or member is corrupt or has otherwise abused his ??? or member and that he should be recalled, is presented he election authority, such election authority shall verify the ??? of the signatures in the said representation within such ??? may be prescribed; The said representation shall ??? on the basis of which the allegation as aforesaid is made ??? shall be in such form as may be prescribed:-
Provided that the verification of the genuineness of the ??? shall not be less than one per cent of the total signature ???
Provided further that no such representation shall entertained if it is made either within six months ??? the commencement of or within six months before the expiry of, the term of such president or member.
Explanation I.-For the purpose of this section, the expression "voters" shall mean those persons who were under sub-section (5) of section 20 entitled to vote on the date of the election in which the president or the member aforesaid was declared elected.
Explanation II.-For the purpose of this section ‘the election authority’ shall mean an officer of the Rural Development Department, not below the rank of Divisional Development Officer specially empowered by the Government in this behalf.
(2) On receipt of the representation and after verification of signatures under sub-section (1), the election authority shall make an enquiry in such manner as may be prescribed. If on such enquiry the election authority is satisfied that the allegation substantially true, the election authority shall hold a referendum a decision whether such president or member should be recalled or not, from his office:-
Provided that in such enquiry the president or the member, as the case may be, shall be given a reasonable opportunity; of being heard.
(3) If in such referendum the majority of the voters have actually exercised their votes, favours the recall of the Resident or as the case may be, the member, the election authority shall declare that the president or, as the case may be, the stands recalled and thereupon the office of the president or, as the case may be, the member shall become vacant. If the majority of the voters who have actually exercised their votes does not favour the recall of the president or, as the case may be, the member, then the president or the member shall continue in office and the election authority shall make a declaration accordingly.
(4) The referendum held in respect of such presided or, member, shall be final and no further referendum in respect of such president or member shall be held during the remainder of the term of his office.
(5) The declaration made under sub-section (3) shall be final and no such declaration shall be liable to be questioned an court of law and no court shall grant any permanent or ??? injunction or make any order restraining any proceeding ???
(6) The president or the member who stands recalled under section shall not be eligible for election to the office of such, president or member for a period of six years from the date of declaration under sub-section (3).
(7) The Government may make rules for the purpose of giving effect to the provisions of this section including the manner of ??? the referendum."
3. Insertion of new section 151-B in Tamil Nadu Act XXXV of 1958.- After section 151-A of the principal Act, the following ??? shall, be inserted, namely:-
"151-B. Special provision for recall of chairman by voters in qt referendum to be held.-(1) Notwithstanding anything contained in this Act or in any other law for the time being in force, if a representation in writing signed by not less than one-fourth of the voters in any panchayat union in the case of chairman, alleging that the chairman is corrupt or has otherwise abused his position as chairman and that he should be recalled, is presented to the election authority, such election authority shall verify the genuineness of the signatures in the said representation within such time as may be prescribed. The said representation shall contain the grounds on the basis of which the allegation as aforesaid is made and shall be in, such form as may be prescribed:-
Provided that the verification of the genuineness of the signatures Shall not be less than one per cent of the total signatures in the representation:-
Provided further that no such representation shall be entertained if it is made either within six months from the commencement of, or within six months before the expiry of, the term of office of such chairman.
Explanation I.-For the purpose of this section, the expression "voters" shall mean those persons who were under section 36-A entitled to vote on the date of the election in which the chairman aforesaid was declared elected.
Explanation II.-For the purpose of this section, ‘the election authority’ shall mean an officer of the Rural Development Department; not below the rank of Divisional Development specially empoered by the Government in this behalf
(2) On receipt of the representation and after verification of the signatures under sub-section (1), the election authority shall make an enquiry in such manner as may be prescribed. If on such enquiry the election authority is satisfied that the allegation is substantially true, the election authority shall hold a referendum for a decision whether such chairman should be recalled or not from his office:-
Provided that in such enquiry the chairman shall be given a reasonable opportunity of being heard.
(3) If in such referendum the majority of the voters who I have actually exercised their votes, favours the recall of the chairman, the election authority shall declare that the chairman stands recalled and thereupon the office of the chairman shall become vacant. If the majority of the voters who have actually exercised their votes does not favour the recall of the chairman then, the chairman shall continue in office and the election authority shall make a declaration-accordingly.
(4) The referendum held in respect of such chairman shall be final and no further referendum in respect of such chairman shall be held during the remainder of the term of his office.
(5) The declaration made under sub-section (3) shall be final and no such declaration shall be liable to be questioned in any court of law and no court shall grant any permanent or temporary injunction or make any order restraining any proceeding which is being or about to be taken under this section.
(6) The chairman who stands recalled under this section shall not be eligible for election to the office of such chairman for a period of six years from the date of declaration under sub-section (3).
(7) The Government may make rules for the purposes of giving effect to the provisions of this section including the manner of holding the referendum."