Tamil nadu act 031 of 1986 : Tamil Nadu Panchayats (Fourth Amendment) Act, 1986

Preamble

Tamil Nadu Panchayats (Fourth Amendment) Act, 1986*

[Tamil Nadu Act No. 31 of 1986][20th May, 1986]

An Act further to amend the Tamil Nadu Panchayat Act, 1958

Be it enacted by the Legislature of the State of Tamil Nadu in the Thirty-seventh Year of the Republic of India as follows:-

* Received the assent of the Governor on the 20th May, 1986 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 (Fourth Amendment) Act, 1986.

(2) It shall come into force at once.

Section 2. Amendment of section 12, Tamil Nadu Act XXXV of 1958

2. Amendment of section 12, Tamil Nadu Act XXXV of 1958.- In section 12 of the Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958) (hereinafter referred to as the principal Act),-

(i) to sub-section (1-A), the following proviso shall be added, namely:-

"Provided also that for the purposes of reckoning the number of women aid of the members of the Scheduled Castes or Scheduled Tribes to be co-opted by the panchayat union council under clause (a)(i) or clause (b)(i) or clause (c)(i), the number of women and of the members of the Scheduled Castes or Scheduled Tribes nomination the Collector under clause (a)(ii) clause (b)(ii) or clause, (c)(ii) shall be excluded."

(ii) after sub-section (1-A), the following sub-sections shall be inserted, namely:-

"(1-B) If any panchayat union council does not co-op the requisite number of women or members of the Scheduled Castes or Scheduled Tribes within a period of three months from the date of its reconstitution, the Collector may nominate such number of women or member of the Scheduled Castes or Scheduled Tribes, which falls short of the requisite number to be co-opted under clause (a)(i), (b)(i) or (c)(i), as the case may be, of sub-section (1-A).

(1-C) Where a casual vacancy occurs in the office of a member co-opted under sub-section (1-A) and the panchayat union council does not co-opt a person within a period of one ??? the Collector may ???

Provided that where the vacancy has arisen in the office of-

(i) a woman member, only a woman shall be co-opted by the panchayat union council or nominated by the Collector; and

(ii) a member of the Scheduled Castes or Scheduled Tribes, orally a member of the Scheduled Castes or Scheduled Tribes, as the case may be, shall be co-opted by the panchayat union council or nominated by the Collector."

Section 3. Amendment of section 36-A, Tamil Nadu Act XXXV of 1958

3. Amendment of section 36-A, Tamil Nadu Act XXXV of 1958.- In section 36-A of the principal Act, in sub-section (8), for clause (a), the following clause shall be substituted, namely:-

"(a) save as otherwise provided in section 47-A, convene the meetings of the panchayat union council, and".

Section 4. Insertion of new section 47-A in Tamil Nadu Act XXXV of 1958

4. Insertion of new section 47-A in Tamil Nadu Act XXXV of 1958.- After section 47 of the principal Act, the following section shall be inserted, namely:-

"47-A. Special meeting for co-option of members and for election of vice-chairman- Notwithstanding anything contained in this Act the meeting of the panchayat union council for the co-option of Women and members of the Scheduled Castes or Scheduled Tribes under sub-section (1-A) of section 12 or for the election of vice-chairman under section 36-B shall be convened and presided over by the divisional development officer."

Section 5. Amendment of section 178, Tamil Nadu Act XXXV of 1958

5. Amendment of section 178, Tamil Nadu Act XXXV of 1958.- In section 178 of the principal Act in sub-section (2), clause (iii) shall be omitted.