Tamil Nadu Panchayats (Second Amendment) Act, 1989*
| [Tamil Nadu Act No. 24 of 1989] | [12th June, 1989] |
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 Fortieth Year of the Republic of India as follows:-
* Received the assent of the Governor on the 12th June, 1989 and published in the Tamil Nadu Government Gazette, Extraordinary, No. 348, dated June 14, 1989.
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Panchayats (Second Amendment) Act, 1989.
(2) It shall come into force at once.
2. Amendment of section 2.- 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), the expression "and a nominated member" shall be omitted.
3. Amendment of section 2.- In section 12 of the principal Act,-
(1) to sub-section (1), the following provisos shall be added namely:-
"Provided that if among the members of a 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 leas 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 and Scheduled Tribes:-
Provided further that no person shall be co-opted under the first proviso unless he has completed twenty-one years of age:-
Provided also that if, 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 Cast ??? or Scheduled Tribes to be co-opted under the first proviso, such women 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 Scheduled Castes or Scheduled Tribes specified in the first proviso shall be co-opted."
(2) sub-section (1-A) including the five provisos thereunder and sub-sections (1-B) and (1-C) shall be omitted.
4. Amendment of section 19.- In section 19 of the principal Act, the expression "or nominated" shall be omitted.
5. Amendment of section 36-A.- In section 36-A of the principal Act, in sub-section (8), in clause (a), the expression "save as otherwise provided in section 47-A" shall be omitted.
6. Amendment of section 38.- In section 38 of the principal Act, for sub-section (4), the following sub-section shall be substituted, namely:-
"(4) The members co-opted under the first proviso to sub-section (1) of section 12 shall have all the rights and privileges of the members of the panchayat ???"
7. Omission of section 47-A.- Section 47-A of the principal Act shall be omitted.
8. Amendment of section 62.- In section 62 of the principal Act,-
(1) for the expression "The provisions of sections 57 to 61" the expression "Subject, to the provisions of section 62-B, the provisions of sections 57 to 61" shall be substituted;
(2) for the expression "the public health establishments of panchayats", the expression "the public health establishments of panchayats and panchayat union councils" shall be substituted.
9. Amendment of section 65.- In section 65 of the principal Act,-
(1) after clause (b), the following clause shall be inserted, namely:-
"(c) the establishment and maintenance of Maternity and Child Welfare Centres, including the maintenance of a ‘thayi’ service and offering advice and assistance to mothers in family planning;"
(2) after clause (e), the following clause shall be inserted, namely:-
(f) preventive and remedial measures connected with any epidemic or with malaria"
10. Amendment of section 70.- In section 70 of the principal Act,-
(1) for the marginal heading, the following marginal heading shall be namely:-
"Maintenance of common dispensaries, child-welfare centres, etc."
(2) after the words "common dispensaries", the words "child-welfare centres" shall be inserted.
11. Insertion of new section 93.- After section 92 of the principal Act, the following section shall be inserted, namely:-
"93. Compulsory vaccination-The panchayat union council shall ??? vaccination throughout the panchayat union and it may enforce revaccination throughout the panchayat union or in any part thereof, in respect of such persons, to such extent and in such manner, as may be prescribed."
12. Amendment of section 178.- In section 178 of the principal, Act in sub-section (2), after clause (ii), the following clause shall be inserted, namely:-
"(iii) as to the period within which a panchayat union council may co-opt women and members of the Scheduled Castes and Scheduled Tribes under the first, proviso to, sub-section (1) of section 12 and the manner of filling up of vacancies, if no woman or member of the Scheduled Castes or Scheduled Tribes is co-opted."
13. Term of office of co-opted member and nominated members of panchayat union councils to expire.- (1) Notwithstanding anything contained in section 6 of the Tamil Nadu Panchayats (Amendment) Act, 1989 (Tamil Nadu Act 3 of 1989), the term of office of the co-opted members and nominated members of all the panchayat union councils in the State of Tamil Nadu, holding office as such on the date of the commencement of this Act, shall expire on the date of publication of this Act in the Tamil Nadu Government Gazette, and accordingly, all such co-opted members and nominated members of all panchayat union councils shall vacate their office on the said date.
(2) Every vacancy occurring in the office of co-opted member and nominated members of the panchayat union councils under sub-section. (1), shall be filled up in accordance with, the provisions of the principal Act, as amended by this Act.
14. Repeal of Tamil Nadu Act 13 of 1987.- The Tamil Nadu Panchayats (Amendment) Act, 1987 (Tamil Nadu Act 13 of 1987) is hereby repealed.