Tamil nadu act 020 of 1991 : Tamil Nadu Panchayats (Second Amendment) Act, 1991

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Panchayats (Second Amendment) Act, 1991.

(2) It shall come into force at once.

Section 2. Amendment of section 10

2. Amendment of section 10.- In section 10 of the Tamil Nadu Panchayats Act, 1958 (hereinafter referred to as the principal Act) (Tamil Nadu Act XXXV of 1958), in sub-section (3), for the proviso, the following proviso shall be substituted, namely:-

"Provided that the strength of the panchayat as notified under sub-section (1) or as altered by notification under sub-section (2) shall be deemed to be increased by such number as may be co-opted under sub-section (3) of section 15."

Section 3. Amendment of section 12

3. Amendment of section 12.- In section 12 of the principal Act, in sub-section (1),-

(1) for the second proviso, the following proviso shall be substituted, namely:-

"Provided further that no person shall be co-opted under the first proviso unless the name of such person appears in the electoral roll for any one of the panchayats or townships comprised in the panchayat union and has completed twenty-one years of age."

(2) after the third proviso, the following proviso shall be added, namely:-

"Provided also that no person shall be co-opted under the first proviso unless such person has aptitude for rural development and possesses such other qualification as may be prescribed."

Section 4. Amendment of section 15

4. Amendment of section 15.- In section 15 of the principal Act,-

(1) in the marginal heading, for the words "and women", the, words "and co-option of women" shall be substituted;

(2) for sub-section (3), the following sub-sections shall be substituted, namely:-

"(3) Among the elected members of every panchayat, there shall be as nearly as may be, thirty per cent-representation for women and if sufficient number of women are not elected to that extent in any panchayat, the Panchayat may co-opt such number of women as members as may be necessary to ensure that there is thirty per cent representation for women in that panchayat:-

Provided that no woman shall be co-opted as a member under this sub-section unless her name appears in the electoral roll for the panchayat and she has completed twenty-one years of age:

Provided further that no woman shall be co-opted as a member under this sub-section unless she has aptitude for rural development and possesses such other qualifications as may be prescribed:

Provided also that for the purpose of reckoning the number of women to be co-opted under this sub-section as members, the number of women belonging to Scheduled Castes and Scheduled Tribes elected to a panchayat shall also be taken into account.

(3-A) Every co-opted member shall have all the rights; powers and privileges of an elected member.

(3) in sub-section (4)-

(a) for the expression "sub-sections (1) and (3)", the expression "sub-section (1)" shall be substituted;:

(b) for the expression "Scheduled Castes, Scheduled Tribes or women", the expression "Scheduled Castes and Scheduled Tribes" shall be substituted.

Section 5. Amendment of section 17

5. Amendment of section 17.- In section 17 of the principal Act,-

(1) in sub-section (3),-

(i) in clause (a), for the words "an elected member", the words "an elected or co-opted member" shall be substituted;

(ii) in clause (b), for the words "elected" occurring in two places, the words "elected or co-opted" shall be substituted;

(2) after sub-section (4), the following sub-section shall be added, namely:-

"(5) Every woman co-opted under sub-section (3) of section 15, shall hold office only for such period for which she would have been entitled to hold office, if she had been elected at an ordinary election or at a casual election, as the case may be."

Section 6. Amendment of section 23

6. Amendment of section 23.- In section 23 of the principal Act,-

(1) in sub-section (1), for the words "qualified for election", the words "qualified for election or co-option" shall be substituted;

(2) in sub-section (2), for the words "before or after an election", the words "before or after an election or co-option" shall be substituted.

Section 7. Amendment of section 24

7. Amendment of section 24.- In section 24 of the principal Act, after the words "in any election to which this Act applies", the words "or from being co-opted as a member of a panchayat or panchayat union council" shall be inserted.

Section 8. Amendment of section 25

8. Amendment of section 25.- In section 25 of the principal Act:-

(1) in sub-section (1), for the words "disqualified for election", the words "disqualified for election or co-option" shall be substituted;

(2) in sub-section (1-A), for the words "disqualified for election", the words "disqualified for election or co-option" shall be substituted;.

(3) in sub-section (2), in the opening paragraph, for the portion beginning with the words "A person" and ending with the words "he is", the following shall be substituted, namely:-

"A person shall be disqualified-

(i) for election as a member if, at the last date for filing of nomination or at the date of election, or

(ii) for being co-opted as a member if at the date of co-option he is".

Section 9. Amendment of section 27

9. Amendment of section 27.- In section 27 of the principal Act, in sub-section (1),-

(1) for the words "he shall be restored to office for such portion of the period for which he was elected", the words "such person shall be restored to office for such portion of the period for which such person was elected of co-opted" shall be substituted;

(2) for the words "any person elected", the words "any person elected or co-opted" shall be substituted.

Section 10. Amendment of section 28

10. Amendment of section 28.- In section 28 of the principal Act, in sub-section (1), for the words "who has been elected as a member of a panchayat" the words "who has been elected of co-opted as a member of a panchayat" shall be substituted.

Section 11. Amendment of section 178

11. Amendment of section 178.- In section 178 of the principal Act, in sub-section (2), for clause (iii), the following clause shall be substituted, namely:-

"(iii) as to the period within which, the Panchayai may co-opt women or the period within which the panchayat union council may co-opt women and members of the Scheduled Castes and Scheduled Tribes;"