Tamil Nadu Panchayats (Second Amendment) Act, 1996*
| [Tamil Nadu Act No. 15 of 1996] | [25th June, 1996] |
An Act further to amend the Tamil Nadu Panchayats Act, 1994
Whereas under Article 243-D of the Constitution of India, the Legislature of the State have been empowered to make suitable provision for the reservation of seats in any panchayat or offices of chairpersons in the panchayats at any level, in favour of Backward Classes of citizens.
And Whereas a policy decision was taken by the Government of Tamil Nadu to provide reservation for Backward Classes of citizens in the panchayats of this State;
And Whereas to give effect to that policy decision, provisions were made in the Tamil Nadu Panchayats Act, 1994 by the Tamil Nadu Panchayats (Second Amendment) Act, 1995 (Tamil Nadu Act 30 of 1995), providing reservation of fifty per cent of the wards at each level of panchayats and of the offices of presidents of village panchayats, chairmen of panchayat union councils and chairmen of district Panchayats in this State for Backward Classes of citizens;
And Whereas the reservations so made under the provisions of the Tamil Nadu Panchayats Act, 1994, as amended by Tamil Nadu Act 30 of 1995, had been challenged in the High Court, Madras;
And Whereas the High Court, Madras, in its judgment dated the 3rd April, 1996 in W.P. No. 14637 of 1995, etc., has struck down the provisions of the said Act providing reservation for Backward Classes of citizens and all notifications issued under the said Act effecting reservation in favour of Backward Classes of Citizens;
And Whereas the elections to the panchayats in this State could not be held now with reservation for Backward Classes of citizens because of legal difficulties;
And Whereas the State Government have taken a policy decision to conduct the elections for the panchayats at the earliest possible time;
And Whereas in order to complete the process of elections to all the panchayats in the State, there is no other alternative except for the time being, to omit the provisions relating to the reservation for Backward Classes of citizens in the panchayats;
And Whereas to give effect to the above proposal, it is considered necessary and expedient to amend the said Act suitably;
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-seventh year of the Republic of India as follows:-
* Received the assent of the Governor on the 25th June, 1996 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, 1996.
(2) it shall come into force at once.
2.- In section 2 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) as the principal Act), clause (1) shall be omitted.
3.- In section 11 of the principal Act,-
(1) ???
(2) in sub-section (3), for the expression "(including the number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes of citizens)", the expression "(including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes)" shall be substituted.
4. Amendment of section 20.- In section 20 of the principal Act,-
(1) sub-sections (2-A) and (2-B) shall be omitted;
(2) in sub-section (3), for the expression "(including the number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes of citizens)", the expression "(including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes)" shall be substituted.
5. Amendment of section 28.- In section 28 of the principal Act, in clause (c), the words "persons belonging to the Backward Classes of citizens" shall be omitted.
6. Amendment of section 32.- In section 32 of the principal Act,-
(1) sub-sections (2-A) and (2-B) shall be omitted;
(2) in sub-section (3), for the expression "(including the number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes of citizens)", the expression "(including the number of seats reserved for women belonging to the Schedule Castes and the Scheduled Tribes)" shall be substituted.
7. Amendment of section 57.- In section 57 of the principal Act,-
(1) sub-sections (1-B) and (1-C) shall be omitted;
(2) in sub-section (1-D), for the expression "(including the number of offices reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes of citizens)", the expression "(including the number of offices reserved for women belonging to the Scheduled Castes and the Scheduled Tribes)" shall be substituted.