Tamil Nadu Panchayats (Second Amendment) Act, 1995*
| [Tamil Nadu Act No. 30 of 1995] | [1st December, 1995] |
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 Forty-sixth Year of the Republic of India as follows:-
* Received the assent of the Governor on the 1st December, 1995 and published in the Tamil Nadu Government Gazette, Extraordinary.
1. Short title, extent and commencement.- (1) This Act may be called the Tamil Nadu Panchayats (Second Amendment) Act, 1995.
(2)(i) The provisions of this Act, except sub-sections (3) and (4) of section 12, shall be deemed to have come into force on the 21st day of July, 1995;
(ii) Sub-sections (3) and (4) of section 12 shall be deemed to have come into force on the 7th August, 1995.
2. Amendment of section 2.- In section 2 of the Tamil Nadu Panchayats Act, 1994 (hereinafter referred to as the principal Act), for clause (1), the following clauses shall be substituted, namely:-
"(1) Backward Classes of citizens" shall have the same meaning as defined in clause (a) of section 3 of the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of seats in Educational Institutions and of appointments or posts in the Services under the State) Act, 1993 (Tamil Nadu Act 45 of 1994);
(1-A) "building" includes a house, out-house, tent, stable, latrine, shed, hut, wall (other than a boundary wall not exceeding 2.5 metres in height) and any other such structure, whether of masonry, bricks, wood, mud, metal or any other material whatsoever:
3. Amendment of section 10.- In section 10 of the principal Act, after the proviso, the following provisos shall be added, namely:-
"Provided further, that, a person who stands for election as a, member of a village panchayat shall not be eligible to stand for election as, president of a village panchayat, a member of a panchayat union council, or a member of a district panchayat:
Provided also that no member of a, village panchayat shall be eligible to stand for election as president of a village panchayat, a member of a panchayat union council or a member of a district panchayat."
4. Amendment of section 11.- In section 11 of the principal Act,-
(1) after sub-section (2), the following sub-sections shall be inserted, namely:-
(2-A) Seats shall be reserved for the persons belonging to the Backward Glasses of citizens in every village panchayat and the number of seats so reserved shall be, as nearly as may be, fifty per cent of the total number of seats in the village panchayat:
Provided that in case where the population of the Scheduled Castes and the Scheduled Tribes in a village panchayat area is more than fifty per cent of the total population of that village panchayat area, the number of scats reserved for the persons belonging to the Backward Classes of citizens, shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that village panchayat as the population of the Backward Classes of citizens in that village panchayat area bear to the total population of that area.
(2-B) Seats shall be reserved for women belonging to the Backwan Classes of citizens from among the seats reserved for the persons belonging to the Backward Classes of citizens which shall not be less than one-third of the total number of seats reserved for the persons belonging to the Backwan Classes of citizens.";
(2) in sub-section (3), for the expression "(including the number scats reserved for women belonging to the Scheduled Castes and Schedule Tribes)", the expression "(including the number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes of citizens)" shall be substituted.
5. Amendment of section 19.- In section 19 of the principal Act, after the proviso, the following provisos shall be added, namely:-
"Provided further that a person who stands for election as a member of a panchayat union council shall not be eligible to stand for election as member of a village panchayat, president of a village panchayat or a member of a district panchayat:
Provided also that no member of a panchayat union council shall be eligible to stand for election as a member of a village panchayat, president of a village panchayat or a member of a district panchayat."
6. Amendment of section 20.- In section 20 of the principal Act,-
(1) after sub-section (2), the following sub-section shall be inserted namely:-
"(2-A) Seats shall be reserved for the persons belonging to the Back ward Classes of citizens in every panchayat union council and the number of seats so reserved shall be, as nearly as may be, fifty per cent of the total number of seats in the panchayat union council:
Provided that in case where the population of the Scheduled Castes an the Scheduled Tribes in a panchayat union area is more than fifty per cent the total population of that panchayat union area, the number of seal reserved for the persons belonging to the Backward Classes of citizens shall bear, as nearly as may be, the same proportion to the total number of seal to be filled by direct election in that panchayat union as the population the Backward Classes of citizens in that panchayat union area bears to the total population of that area.
(2-B) Seats shall be reserved for women belonging to the Backwar Classes of citizens from among the seats reserved for the persons belonging to the Backward Classes of citizens which shall not be less than one-third of the total number of seats reserved for the persons belonging to the Backwar Classes of citizens".
(2) in sub-section (3), for the expression "(including the number seats reserved for women belonging to the Scheduled Castes and the Schedule Tribes)", the expression "(including the number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backwan Classes of citizens)" shall be substituted.
7. Amendment of section 26.- In section 26 of the principal Act, after the proviso, the following provisos shall be added, namely:-
"Provided further that a person who stands for election as a member of a district panchayat shall not be eligible to stand for election as a member of a village panchayat, president of a village panchayat or a member of a panchayat union council:
Provided also that no member of a district panchayat shall be eligible to stand for election as a member of a village panchayat, president of a village panchayat or a member of a panchayat union council".
8. Amendment of section 28.- In section 28 of the principal Act, in clause (c), after the words "Scheduled Tribes", the words "persons belonging to the Backward Classes of citizens" shall be inserted.
9. Amendment of section 32.- In section 32 of the principal Act,-
(1) after sub-section (2), the following sub-sections shall be inserted, namely:-
(2-A) Seats shall be reserved for the persons belonging to the Backed, Classes of citizens in every district panchayat and the number of seats so reserved shall be, as nearly as may be, fifty per cent of the total number of seals in the district panchayat:
Provided that, in else where the population of the Scheduled Castes and the Scheduled Tribes in a district panchayat area is more than fifty per cent of the total population of that district panchayat area, the number of scats reserved for the persons belonging to the Backward Classes of citizens shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that district panchayat as the population of the Backward Classes of citizens in that district panchayat area bears to the total population of that area.
(2-B) Seats shall be reserved for women belonging to the Backward Classes of citizens from among the seats reserved for the persons belonging to the Backward Classes of citizens which shall not be less than one third of the total number of seats reserved for the persons belonging to the Backward Classes of citizens."
(2) in sub-section (3), for the expression "(including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tube)", the expression "(including the number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes of citizens)" shall be substituted.
10. Amendment of section 43.- In section 43 of the principal Act, in sub-section (1), for the provisos, the following provisos shall be substituted, namely:-
"Provided that a person who stands for election as president shall not be eligible to stand for election as a member of a village panchayat, a member of a panchayat union council or a member of a district panchayat:
Provided further that no president shall be eligible to stand for election as a member of a village panchayat, a member of a panchayat union council or a member of a district panchayat".
11. Amendment of section 57.- In section 57 of the principal Act,-
(1) in sub-section (1), both the provisos shall be omitted;
(2) after sub-section (1), the following sub-sections shall be inserted, namely:-
"(1-A) Offices of the presidents of village panchayats, chairmon of panchayat union councils and chairmen of district panchayat shall be reserved for women belonging to the Scheduled Castes and the Scheduled Tribes from among the offices reserved for the persons belonging to the Scheduled Castes and the Schedule Tribes which shall not be less than one third of the total number of offices reserved for the persons belonging to the Scheduled Castes and the Scheduled Tubes.
(1-B) Offices of presidents of village panchayats, chairmen of panchayat union councils and chairmen of district panchayats shall be reserved for persons belonging to the Backward Classes of citizens and the number of offices so reserved shall be, as nearly as may be, fifty per cent of the total number of offices of the presidents of village panchayats, chairmen of panchayat union councils and chairmen, of district panchayats in the State.
(1-C) Offices of the presidents of village panchayats, chairmen of panchayat union councils and chairmen of district panchayats shall be reserved for women, belonging to the Backward Classes of citizens from among the offices reserved for the persons belonging to the Backward Classes of citizens which shall not be less-than one third of the total number of offices reserved for the persons belonging to the Backward Classes of citizens.
(1-D) Offices of the presidents of village panchayats, chairmen of panchayat union councils and chairmen of district panchayats in the State shall be reserved for women which shall not be less than one third (including the number of offices, reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes of citizens) of the total number of such offices in the State:
Provided that the offices reserved under this section, shall be allotted by rotation to different panchayats at each level in such manner, as may be prescribed".
12. Repeal and saving.- (1) The Tamil Nadu Panchayats (Amendment) Ordinance, 1995 (Tamil Nadu Ordinance 4 of 1895) is hereby repealed.
(2) Notwithstanding the repeal under sub-section (1), anything done or any action taken under the principal Act, as amended by the said Ordinance, with effect from the 21st July, 1995, shall be deemed to have been done or taken under the principal Act, as amended by this Act.
(3) The Tamil Nadu Panchayats (Second Amendment) Ordinance, 1995 (Tamil Nadu Ordinance 5 of 1895) is hereby repealed.
(4) Notwithstanding the repeal under sub-section (3), anything done or any action taken under the principal Act, as amended by the said Ordinance, with effect from the 7th August, 1995, shall be deemed to have been done or taken under the principal Act, as amended by this Act.