Panchayats (Appointment of Special Officers) Act, 1979
Be it enacted by the Legislature of the State of Tamil Nadu in the Thirtieth Year of the Republic of India as follows:
Section 1. Short title and commencement
(1) This Act may be called the Tamil Nadu Panchayats (Appointment of Special Officers) Act, 1979.
(2) It shall be deemed to have come into force on the 12th September, 1979.
Section 2. Definitions
In this Act, unless the context otherwise requires,
(a) Panchayats Act means the Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958);
(b) words and expressions used and not defined in this Act but defined in the Panchayats Act shall have the meanings respectively assigned to them in that Act.
Section 3. Members and President of Panchayats to cease to hold office
Notwithstanding anything contained in the Tamil Nadu Panchayats (Extension of Term of Office) Act, 1976 (President's Act 32 of 1976), or in any other law for the time being in force the term of office of members and Presidents and members of the committees of all the panchayats in the State of Tamil Nadu holding office as such immediately before the date of commencement of this Act, shall expire on and from the date of commencement of this Act and accordingly all such members and Presidents of panchayats and members of the committees of such panchayats established or constituted by or under the Panchayats Act, shall be deemed to have vacated their office on and from the date of commencement of this Act.
Section 4. Appointment of Special Officers to exercise the powers and perform the functions of pachayats
(1)(a) Notwithstanding anything contained in Panchayats Act, the State Government shall appoint Special Officers to exercise the powers and perform the functions of
(i) the panchayats established or constituted by or under the Panchayats Act and referred to in section 3;
(ii) the Presidents of the panchayats and of the committees established or constituted by or under the Panchayats Act and referred to in section 3;
(b) A Special Officer may be appointed under clause (a) for one or more panchayats, as the State Government may by order, specify.
(2) Each Special Officer referred to in sub-section (1) may also exercise all or any of the powers and perform all or any of the functions of any other officer or authority under the Panchayats Act, which the State Government may, by notification, specify.
(3)(a) Each Special Officer shall hold office for a period of 3[four years] on and from the date of commencement of this Act:
Provided that if any vacancy arises in the post of a Special Officer, the vacancy shall be filled up by the State Government and the person appointed in the vacancy shall hold office for the remainder of the said period:
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(b) The State Government may determine the relations of a Special Officer with themselves.
Section 5. Delegation of powers of Government
(1) The State Government may, by notification, authorise the Inspector or any other officer to exercise any of the powers vested in them under section 4, in respect of any panchayat.
(2) The exercise of any power delegated under sub-section (1) shall be subject to such restrictions and conditions as may be specified in the notification and subject also to control and revision by the State Government.
Section 6. [Repeal]
(1) The Tamil Nadu Panchayats (Appointment of Special Officers) Ordinance, 1979 (Tamil Nadu Ordinance 13 of 1979), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act as if this Act had come into force on the 12th day of September, 1979.
1. For Statement of Objects and Reasons, see Tamil Nadu Government Gazette Extraordinary, dated the 30th October, 1979, Part IV Section 1, Page 399.
2. Received the assent of the Governor on the 5th December, 1979, first published in the Tamil Nadu Government Gazette Extraordinary on the 5th December, 1979 (Karthigai 19, Chitharthi(2010 Tiruvalluvar Andti))
3. This expression was substituted for the expression three years and six months by the Tamil Nadu Panchayats (Appointment of Special Officers) Amendment Act, 1983 (Tamil Nadu Act 9 of 1983). Earlier, for the expressions for a period of two years and nine months , for a period of two years and three months , for a period of two years , for a period of one year and six months and for a period of one year , the expressions for a period of three years and six months , for a period of two years and nine months for a period of two years and three months , for a period of two years and for a period of one year and six months were respectively substituted by the Tamil Nadu Panchayats (Appointment of Special Officers) Second Amendment Act, 1982 (Tamil Nadu Act 39 of 1982), which was deemed to have come into force on the 11th June, 1982, the Tamil Nadu Panchayats (Appointment of Special Officers) Amendment Act, 1982 (Tamil Nadu Act 6 of 1982), which was deemed to have come into force on the 10th December, 1981, the Tamil Nadu Panchayats (Appointment of Special Officers) Second Amendment Act, 1981 (Tamil Nadu Act 49 of 1981), the Tamil Nadu Panchayats (Appointment of Special Officers) Amendment Act, 1981 (Tamil Nadu Act 12 of 1981), and the Tamil Nadu Panchayats (Appointment of Special Officers) Amendment Act, 1980 (Tamil Nadu Act 30 of 1980).
4. The following second proviso was omitted by the Tamil Nadu Panchayats (Appointment of Special Officers) Second Amendment Act, 1982 (Tamil Nadu Act 39 of 1982); Provided further that the State Government may, by notification, for sufficient cause direct that the term of office of the Special Officers of all or any of the panchayats be reduced by such period not exceeding six months as may be specified in such notification . Earlier in the said proviso, for the words six months three months and two months , the words three months , two months and three months were respectively substituted by the Tamil Nadu Panchayats (Appointment of Special Officers) Amendment Act, 1980 (Tamil Nadu Act 39 of 1980), the Tamil Nadu Panchayats (Appointment of Special Officers) Amendment Act, 1981 (Tamil Nadu Act 49 of 1981), the Tamil Nadu Panchayats (Appointment of Special Officers) Amendment Act, 1982 (Tamil Nadu Act 6 of 1982), which was deemed to have come into force on the 10th December, 1981 and the Tamil Nadu Panchayats (Appointment of Special Officers) Second Amendment Act, 1982 (Tamil Nadu Act 39 of 1982), which was deemed to have come into force on the 11th June, 1982.