Tamil Nadu Panchayats (Second Amendment) Act, 1985*
| [Tamil Nadu Act No. 24 of 1985] | [7th May, 1985] |
An Act further to amend the Tamil Nadu Panchayats Act, 1958
Be it enacted by the Legislature of the State of Tamil Nadu in the Thirty-sixth Year of the Republic of India as follows:-
* Received the assent of the Governor on the 7th May, 1985 and published in the Tamil Nadu Government Gazette, Extraordinary.
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Panchayats (Second Amendment) Act, 1985.
(2) It shall come info force at once.
2. Amendment of section 2, Tamil Nadu Act XXXV of 1958.- In the Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV, of 1958) (hereinafter referred to as the principal Act), in section 2, in clause (17), for the expression "a co-opted member", the expression "a co-opted member and a nominated member" shall be substituted.
3. Amendment of section 12, Tamil Nadu Act XXXV of 1958.- In section 12 of the principal Act,-
(1) in sub-section (1), the provisions shall be omitted;
(2) after sub-section (1), the following sub-section shall be inserted, namely:-
"(1-A)(a) In a panchayat union exceeding twelve panchayats,-
(i) if, among the members of the panchayat union council, there are no women or members of the Scheduled Castes or Scheduled Tribes, the panchayat union council may co-opt one woman and one member of the Scheduled Castes or Scheduled Tribes; and
(ii) the Collector may nominate to the panchayat union council one woman and one member of the Scheduled Castes or Scheduled Tribes.
(b) In a panchayat union consisting of more than twelve panchayats, but not more than twenty panchayats,-
(i) if, among the members of the panchayat union council, there are no women or members of the Scheduled or Scheduled Tribes or the number whether of women or of the members of the Scheduled Castes or Scheduled Tribes is less than three, the panchayat union council may co-opt such number of women or members of the Scheduled Castes or Scheduled Tribes, as may be necessary, to ensure that the council includes three women and three members of the Scheduled Castes or Scheduled Tribes; and
(ii) the Collector may nominate to the panchayat union council one woman and one member of the Scheduled Castes or Scheduled Tribes.
(c) In a panchayat union consisting of more than twenty anchayats,-
(i) if, among the members of the panchayat union council, there are no women or members of the Scheduled Castes or Scheduled Tribes or the number whether of women or of the members of the Scheduled Castes or Scheduled Tribes is less than five, the panchayat union council may co-opt such number of women or members of the Scheduled Castes or Scheduled Tribes, as may be necessary, to ensure that the council includes five women and five members of the Scheduled Castes or Scheduled Tribes; and
(ii) the Collector may nominate to the panchayat union council two women and two members of the Scheduled Castes or Scheduled Tribes:-
Provided that the wife or the husband, as the case may be of a member of the panchayat union council shall not be co-opted or nominated as a member under this sub-section:-
Provided further that no person shall be co-opted or nominated, under this sub-section unless he has completed twenty-first year of age:-
Provided also that no person shall be nominated under this sub-section unless he has aptitude for rural development and possesses such other ??? as may be ???
Provided also that it, among the members of a panchayat union council there is any woman belonging to Scheduled Castes or Scheduled Tribes, as the case may be, then for the purposes of reckoning the number of members of the Scheduled Castes or Scheduled Tribes to be co-opted under clause (a), clause (b) or clause (c) of this sub-section, such woman shall not be deemed to Represent the Scheduled Castes or Scheduled Tribes and shall be, excluded and accordingly the requisite number of members of the p. Scheduled Castes or Scheduled Tribes specified in clause (a) Clause (b) or clause (c) of this sub-section, shall be co-opted."
4. Amendment of section 17, Tamil Nadu Act XXXV of 1958.- sub-section (1) of section 17 of the principal Act, for the expression "five years", the expression "four years" shall be substituted.
5. Amendment of section 19, Tamil Nadu Act XXXV of 1958.- In section 19 of the principal Act, for the expression "co-opted member" the expression "co-opted or nominated member" and for the expression "five years", the expression, "four years" shall be substituted.
6. Amendment of section 30, Tamil Nadu Act XXXV of 1958.- In section 30 of the principal Act in sub-section (3), for the expression "five year", the expression "four years" shall be substituted.
7. Repeal of sections 30-A, 30-B, 36-AA, 36-AAA, 36-AB, 36-AC, 36-AD and 36-AE, Tamil Nadu Act XXXV of 1958.- Sections 30-A, 30-B, 36-AA, 36-AA A, 36-AB. 36-AC, 36-AD and 36- AE of the principal Act are hereby repealed.
8. Amendment of section 36-A, Tamil Nadu Act XXXV of 1958.- In section 36-A of the principal Act, in sub-section (3), for the expression "five years", the expression "four years" shall be substituted.
9. Amendment of section 38, Tamil Nadu Act XXXV of 1958.- an section 38 of the principal Act, after sub-section (3), the following: sub-section shall be added, namely:-
"(4) The members co-opted and nominated under subjection (1-A) of section 12 shall have all the rights and privileges of "the, members of the panchayat union council".
10. Pending proceeding to abate.- (1) Section 8 of the Tamil Nadu General Causes Act, 1891 (Tamil Nadu Act I of 1891) shall not apply to the repeal of sections 30-A, 30-B, 36-AA, 36-AAA, 36-AB, 36-AC, 36-AD and 36-AE of the principal Act by this Act.
(2) Every proceeding made or taken under any of the sections of the principal Act referred, to in sub-section (1) and pending before the date of the publication of this Act in the Tamil Nadu Government Gazette, shall abate.
(3) No legal proceeding or remedy in respect of any right, privilege, obligation or liability acquired, accrued or incurred under any of the sections of the principal Act referred to in sub-section (1) shall be instituted, continued or enforced under any of the said sections.
11. Notifications specified in the Schedule to cease to have effect.- The former Rural Development and Local Administration Department Notifications specified in the Schedule shall with effect ??? and from the date of the publication of this Act in the Tamil Nadu government Gazette, cease to have effect.
Schedule
THE SCHEDULE
(See section 11)
I.(1) No. II(2)/RUL/7727 (a)/83, dated the 20th December, 1983, published at pages 1-2,
(2) No. II(2)/RUL/7727(b)/83, dated the 20th December, 1983, published at pages 2-4,
(3) No. II(2)/RUL/7727(c)/83, dated the 20th December, 1983, published at pages 4-20
(4) No. II(2)/RUL/7727(d)/83, dated the 20th December, 1983, published at pages 21-35
of Part II-Section 2 of the Tamil Nadu Government Gazette, Extraordinary, dated the 21st December, 1983.
II.(1) No. II(2)/RUL/1399(a)/84, dated the 29th February, 1984, published at pages 1-2,
(2) No. II(2)/RUL/1399(b)/84, dated the 29th February, 1984, published at page 2,
(3) No. II(2)/RUL/1399(c)/84, dated the 29th February, 1984, published at pages 3-4,
(4) No. II(2)/RUL/1399(d)/84, dated the 29th February, 1984, published at pages 4-6,
(5) No. II(2)/RUL/1399(e)/84, dated the 29th February, 1984, published at pages 6-22,
(6) No. II(2)/RUL/1399(f)/84, dated the 29th February, 1984, published at pages 23-37
of Part II-Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 29th February, 1984.
III.(1) No. II(2)/RUL/1767(f)/84, dated the 19th March, 1984, published at pages 1-3,
(2) No. II(2)/RUL/1767(g)/84, dated the 19th March, 1984, published at pages 3-4
of Part II-Section 2 of the Tamil Nadu Government Gazette, Extraordinary, dated the 19th March, 1984.