Tamil nadu act 052 of 2002 : Tamil Nadu Panchayats (Fifth Amendment) Act, 2002

Preamble

Tamil Nadu Panchayats (Fifth Amendment) Act, 2002*

[Tamil Nadu Act No. 52 of 2002][26th November, 2002]

An Act further to amend the Tamil Nadu Panchayats Act, 1994

Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fifty-third Year of the Republic of India as follows:-

* Received the assent of the Governor on the 26th November, 2002 and published in the Tamil Nadu Government Gazette, Extraordinary.

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Panchayats (Fifth Amendment) Act, 2002.

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

Section 2. Insertion of new section 82-A

2. Insertion of new section 82-A.- In the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) (hereinafter referred to as the principal Act), after section 82, the following section shall be inserted, namely:-

"82-A. President, vice-president, chairman, Vice-Chairman or member to obtain permission to undertake trip to foreign country.-(1) No person holding the office of president, vice-president or member of a village panchayat or chairman, Vice-Chairman or member of a panchayat union council or of a district panchayat shall undertake any trip to any foreign country in his official capacity as such, except with the permission in writing of the Government".

Section 3. Insertion of new section 210-A

3. Insertion of new section 210-A.- After section 210 of the principal Act, the following section shall be inserted, namely:-

"210-A. Removal of president, vice-president, chairman, Vice-Chairman or member convicted under section 246-A.- (1) Notwithstanding anything contained in this Act, the Government may, by notification, remove any president, vice-president or member of a village panchayat or chairman, Vice-Chairman or member of a panchayat union council or of a district panchayat who is convicted twice of an offence punishable under section 246-A.

(2) The Government shall, when they propose to take action under sub-section (1), give the president, vice-president, chairman, Vice-Chairman or member concerned, an opportunity to explain and the notification issued under the said sub-section shall contain a statement of the reasons of the Government for the action taken.

(3) Any person removed under sub-section (1) from the office of president, vice-president, chairman, Vice-Chairman or member, as the case may be, shall not be eligible for election to the said office until the date on which notice of the next ordinary election to the village panchayat, panchayat union council or district panchayat, as the case may be, is published in the prescribed manner or the expiry of one year from the date specified in such notification, whichever is earlier".

Section 4. Insertion of new section 246-A

4. Insertion of new section 246-A.- After section 246 of the principal Act, the following section shall be inserted, namely:-

"246-A. Penalty for failure to obtain permission of Government for foreign trip.- Whoever undertakes a trip to any foreign country in violation of section 82-A shall, on conviction, be punished with fine which may extend to fifty thousand rupees".