Tamil Nadu Panchayats (Third Amendment) Act, 1981*
| [Tamil Nadu Act No. 56 of 1981]* | [15th September, 1981] |
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-second Year of the Republic of India to follows:-
* For Statement of Objects and Reasons, see Tamil Nadu Government Gazette Extraordinary, dated the 28th August, 1981, XXXV of part IV-Section 1, pages 754-756.
* Received the assent of the Governor on the 13th September, 1981, first published in the Tamil Nadu Government Gazette Extraordinary on the 15th September, 1981 (Aavani 30, Thunmathi-2012-Thiruvalluvar Aandu)
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Panchayats (Third Amendment) Act, 1981.
(2) It shall come into force at once.
2. Amendment of section 10, Tamil Nadu Act XXXV of 1958.- For sub-section (1) of section 10 of the Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958) (hereinafter referred to as the principal Act), the following sub-section shall be substituted, namely:-
"(1) Notwithstanding anything contained in section 20 or any other provision of this Act, the total number of members of a panchayat (exclusive of its president) shall be notified by the Inspector in accordance with such scale as may be prescribed with reference to population as ascertained at the last preceding census of which the relevant figures have been published."
3. Amendment of section 12, Tamil Nadu Act XXXV of 1958.- In section 12 of the principal Act, in sub-section (1), after the second proviso, the following proviso shall be inserted, namely:-
"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 Castes or Scheduled Tribes to be co-opted under the first proviso 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 Scheduled Castes or Scheduled Tribes specified in the first proviso shall be co-opted."
4. Amendment of section 14, Tamil Nadu Act XXXV of 1958.- In the proviso to section 14 of the principal Act, the words "or co-opted" shall be omitted.
5. Amendment of section 15, Tamil Nadu Act XXXV of 1958.- In section 15 of the principal Act,-
(i) in the marginal heading, the words "co-option of" shall be omitted;
(ii) in sub-section (1), after the words "with due regard to their population in the village or town" occurring at the end, the words "as ascertained at the last preceding census of which the relevant figures have been published" shall be added;
(iii) in sub-section (2), for the words "thirty years", the words "forty years" shall be substituted;
(iv) for sub-sections (3) and (4), the following sub-sections shall be substituted, namely:-
"(3) In every panchayat, the Inspector may, subject to such rules as may be prescribed, by notification, reserve one seat for woman.
(4) Nothing contained in sub-sections (1) and (3) shall be deemed to prevent members of the Scheduled Castes, Scheduled Tribes, or women, for whom seats have been reserved in any panchayat, from standing for election to the non-reserved seats in the panchayat."
6. Amendment of section 17, Tamil Nadu Act XXXV of 1958.- In section 17 of the principal Act, sub-section (5) shall be omitted.
7. Amendment of section 20, Tamil Nadu Act XXXV of 1958.- In section 20 of the principal Act, in sub-section (2), after the proviso, the following proviso shall be inserted, namely:-
"Provided further that in case where the ordinary elections to the office of chairmen of panchayat union councils and of the presidents and members of panchayats are held simultaneously, no alteration to the electoral roll shall be published after the first day fixed for filing of nomination for election of chairman of a panchayat union council and before the notification of the results of all elections."
8. Substitution of new section for section 24, Tamil Nadu Act XXXV of 1958.- For section 24 of the principal Act, the following section shall be substituted, namely:-
"24. Disqualification of persons convicted of ejection offences.-Every person convicted of an offence punishable under sections 37-A to 37-N of this Act or under Chapter IX-A of the Indian Penal Code (Central Act XLV of 1860) shall be disqualified from voting or from being elected in any election to which this Act applies or from holding the office of president or member of a panchayat or of the office of chairman or member of a panchayat union council for a period of five years from the date of his conviction."
9. Insertions of new section 30-A and 30-B in Tamil Nadu Act XXXV of 1958.- After section 30 of the principal Act, the following sections shall be inserted, namely:-
"30-A. Reservation of seats for Scheduled Castes and Scheduled Tribes in the office of presidents.-(1) The Government may, from time to time, by notification reserve for the members of the Scheduled Castes and Scheduled Tribes such number of office of presidents of panchayats not exceeding eighteen per cent of the total number of such office in the State and the villages or towns in respect of which the office of such presidents are to be reserved as aforesaid shall be those which the Government may, from time to time, by notification specify, having due regard to the proportion of the population of the Scheduled Castes or the Scheduled Tribes, as the case may be, in the village or town concerned to the total population of that village or town and such other factors as may be prescribed:-
Provided that no person who is not a member of any of the Scheduled Castes or Scheduled Tribes shall be qualified for election as president of any panchayat if the office of such president is reserved for a member of any of the Scheduled Castes or Scheduled Tribes, as the case may be.
(2) Nothing contained in sub-section (1) shall be deemed to prevent members of the Scheduled Castes and Scheduled Tribes from standing for election to the office of president of any panchayat where no such reservation has been made.
30-B. Reservation of seats for women in the office of presidents.-(1) The Government may, from time to time, by notification reserve for women such number of office of presidents of panchayats not exceeding fifteen per cent of the total number of such office in the State and villages or towns in respect of which the office of such presidents are to be reserved as aforesaid shall be those which the Government may, from time to time, by notification specify, having due regard to the local conditions and such other factors as may be prescribed:-
Provided that no person who is not a worn an shall be qualified for election as president of any panchayat if the office of such president is reserved for women,
(2) Nothing contained in sub-section (1) shall be deemed to prevent any women from standing for election to the office of president of any panchayat where no such reservation has been made."
10. Insertion of new sections 36-AA and 36-AAA in Tamil Nadu Act XXXV of 1958.- After section 36-A of the principal Act, the following sections shall be inserted, namely:-
"36-AA. Reservation of seats for Scheduled Castes and Scheduled Tribes in the office of chairmen.- (1) The Government may, from time to time, by notification reserve for the members of the Scheduled Castes and Scheduled Tribes such number of office of chairman of panchayat union councils not exceeding eighteen per cent of the total number of such office in the State and the panchayat union councils in respect of which the office of such chairmen are to be reserved as aforesaid shall be those which the Government may, from time to time, by notification specify, having due regard to the proportion of the population of the Scheduled Castes or Scheduled Tribes, as the case may be, in all the panchayats comprised in the panchayat union concerned to the total population of all the panchayats comprised in that panchayat union and such other factors as may be prescribed:-
Provided that no person who is not a member of any of the Scheduled Castes or Scheduled Tribes shall be qualified for election as chairman of any panchayat union council if the office of such chairman is reserved for a member of any of the Scheduled Castes or Scheduled Tribes, as the case may be.
(2) Nothing contained in sub-section (1) shall be deemed to prevent members of the Scheduled Castes and Scheduled Tribes from standing for election to the office of chairman of any panchayat union council where no such reservation has been made.
36-AAA. Reservation of seats for women it the office of chairmen.-(1) The Government may, from time to time, by notification, reserve for women such number of office of chairmen of panchayat union councils not exceeding fifteen per cent of the total number of such office in the State and the panchayat union councils in respect of which the office of such chairmen are to be reserved as aforesaid shall be those which the Government may, from time to time, by notification specify, having due regard to the local conditions and such other factors as may be prescribed:-
Provided that no person who is not a woman shall be qualified for election as chairman of any panchayat union council if the office of such chairman is reserved for women.
(2) Nothing contained in sub-section (1) shall be deemed to prevent any woman from standing for election to the office of chairman of any panchayat union council where no such reservation has been made."
11. Insertion of new sections 37-A, 37-B, 37-C, 37-D, 37-B, 37-F, 37-G, 37-H, 37-1, 37-J, 37-K, 37-L, 37-M, 37-N, 37-O, 37-P, 37-Q, 37-R, 37-S, 37-T, 37-U, 37-V, and 37-W in Tamil Nadu Act XXXV of 1958.- After section 37 of the principal Act the following sub-headings and sections shall be inserted, namely:-
"OFFENCES RELATING TO ELECTION
37-A. Infringement of secrecy of election.-Every officer, clerk, agent or other person performing any duty in connection with the recording or counting of Votes at an election who, except for some purpose authorised by law, communicates to any person any information showing directly or indirectly for which candidate any voter has voted, and every person who by any improper means, procures any such information, shall be punished with imprisonment which may extend to six months or with fine, or with both.
37-B. Minimum penalty for personation at an election.-Notwithstanding anything contained in section 171-P of the Indian Penal Code (Central Act XLV of 1860), any person who in connection with an election under this Act commits an offence of personation punishable under that section, shall be punished with imprisonment for a term which shall not be less than six months and not move than two years and with fine.
37-C. Promoting enmity between classes in connection with elector.-Any person who in connection with an election under this Act promotes of attempts to promote on grounds of religion, race, caste, community or language, feelings of enmity or hatred between different classes of the citizens of India shall be punishable with imprisonment for a term which may extend to three years of with fine or with both.
37-D. Prohibition of public meetings on the day preceding the election day and on the election day.-(1) No person shall convene, hold or attend any public meeting in any local area comprised in a panchayat within forty-eight hours before the day of termination of the poll or on the date or dates on which a poll is taken for an election in that panchayat.
(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with fine which may extend to two hundred and fifty rupees.
37-B. Disturbances at election meetings.-(1) Any persons who at a public meeting to which this section applies acts, of incites others to act in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called shall be punishable with fine which may extend to two hundred and fifty rupees.
(2) This section applies to any public meeting of a political character held in any local area comprised in a panchayat between the earliest date for making nomination of candidates for an election and the date on which such election is held.
(3) If any police officer reasonably suspects any person of committing an offence under sub-section (1), he may, if requested so to do by the chairman of the meeting require that person to declare to him immediately his name and address and if that person refuses or fails so to declare his name and address, or if the police officer reasonably suspect him of giving a false name or address the police officer may arrest him without warrant.
37-F. Restrictions on the printing of pamphlets, posters, etc.- (1) No person shall ??? or publish, or cause to be printed or published, any election pamphlet or poster which does not bear on its face the names and addresses of the printer and the publisher thereof.
(2) No person shall print or cause to be printed any election pamphlet or poster-
(a) unless a declaration as to the Identity of the publisher thereof signed by him and attested by two persons to whom he is personally known, is delivered by him to the printer in duplicate; and
(b) unless within a reasonable time after the printing of the document one copy of the declarable in is sent by the printer together with one copy of the document to the Executive Authority or Commissioner, as the case may be.
(3) For the purposes of this section.-
(a) any process for multiplying copies of a document, other than copying it by hand shall be deemed to be printing and the expression ‘printer’ shall be construed accordingly; and
(b) "election pamphlet or poster" means any printed pamphlet, hand-bill or other document distributed for the purpose of promoting or prejudicing the election of a candidate or group of candidates or any placard or poster having reference to an election, but does not include an hand-bill, placard or poster merely announcing the date time place and other particulars of an election meeting or routine instructions to election agents or workers.
(4) Any person who contravenes any of the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees or with both.
37-G. Officers, etc., at elections not to act for candidates or to influencing voting.-(1) No person who is a Returning Officer, or an Assistant Returning Officer or a presiding or polling officer at an election or an officer or cleric Appointed by the Returning Officer or the presiding officer to perform any duty in connection with an election shall in the conduct or the management of the election do any act (other than the giving of vote) for the furtherance of the prospects of the election of a candidate.
(2) No such person as aforesaid, and no member of the police force, shall endeavour-
(a) to persuade any person to give his vote at an election, or
(b) to dissuade any person from giving his vote at an election, or
(c) to influence the voting of any person at an election in any manner.
(3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment for a term which may extend to six months or with fine or with both.
37-H. Prohibition of canvassing in or near polling stations.- (1) No person shall, on the date or dates on which a poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of one hundred metres of the polling station, namely:-
(a) canvassing for votes; or
(b) soliciting the vote of any elector; or
(c) persuading any elector not to vote for any particular candidate; or
(d) persuading any elector not to vote at the election; or
(e) exhibiting any notice or sign (other than an official notice) relating to the election.
(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with fine which may extend to two hundred and fifty rupees.
(3) An offence punishable under this section shall be cognizable.
37-I. Penalty for disorderly conduct in or near polling stations- (1) No person shall, on the date or dates on which a poll is taken at any polling station,-
(a) use or operate within or at the entrance of the polling station, or in any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker, or
(b) shout, or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officers and other persons on duty at the polling station.
(2) Any person who contravenes, or wilfully aids or abets the contravention of the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to three months or with fine or with both.
(3) If the polling officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under this section, he may direct any police officer to arrest such person, and thereupon the police officer shall arrest him.
(4) Any police officer may take such steps, and use such force, as may be reasonably necessary for preventing any contravention of the provisions of sub-section (1) and may seize any apparatus used for such contravention.
Explanation.-In this section, the expression "polling officer" means the polling officer of a polling station or if there is a presiding officer at the polling station, such presiding officer.
37-J. Penalty for misconduct at the polling station.-(1) Any person who during the hours fixed for the poll at any polling station misconducts himself or fails to obey the lawful directions of the polling officer may be removed from the polling station by the polling officer or by any police officer on duty or by any person authorised in this behalf by such polling officer.
(2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having an opportunity of voting at that polling station.
(3) If any person who has been so removed from a polling station re-enters the polling station without the permission of the polling officer, he shall be punishable with imprisonment for a term which may extend to three months or with fine or with both.
(4) An offence punishable under sub-section (3) shall be cognizable.
Explanation.-In this section, the expression "polling officer" has the same meaning as in section 37-1.
37-K. Penalty for illegal hiring or procuring of conveyances at elections.-(1) No candidate or his agent or any other person with the consent of a candidate or his agent shall hire or procure whether on payment or otherwise any vehicle or vessel for the conveyance of any elector (other than the candidate himself, the members of his family or his agent) to or from any polling station:-
Provided that nothing in this sub-section shall apply to-
(a) the hiring of a vehicle or vessel by an elector or several electors at their joint cost for the purpose of conveying him or them to or from the polling station if the vechicle or vessel so hired is a vehicle or vessel not propelled by mechanical power; and
(b) the use of any public transport vehicle or vessel or any railway carriage by any elector at his own cost for the purpose of going to or coming from the polling station.
Explanation.-In this sub-section the expression "vehicle" means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise.
(2) Any person who contravenes the provisions of sub-section (1) at or in connection with an election shall be punishable with fine which may extend to two hundred and fifty rupees.
37-L. Breaches of official duty in connection with election.-(1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to five hundred rupees.
(2) No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid.
(3) The persons to whom this section applies are the returning officers, assistant returning officers, presiding officers, polling officers and any other person appointed to perform any duty in connection with the receipt of nominations or withdrawal of candidatures, or the recording or counting of votes at an election and the expression "official duty" shall for the purpose of this section be construed accordingly but shall not include duties imposed otherwise than by or under this Act.
37-M. Removal of ballot papers from polling station to be an offence.-(1) Any person who at any election fraudulently takes, or attempts to take, a ballot paper out of a polling station, or wilfully aids or abets the doing of any such act, shall be punishable with imprisonment for a term which may extend to one year or with, fine which may extend to five hundred rupees or with both.
(2) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub-section (1), such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer;
Provided that when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.
(3) Any ballot paper found upon the person arrested on search shall be made over for safe custody to a police officer by the presiding officer, or when the search is made by a police officer, shall be kept by such officer in safe custody.
(4) An offence punishable under sub-section (1) shall be cognizable.
37-N. Other offences and penalties therefor.-(1) No person at an election shall-
(a) fraudulently deface or fraudulently destroy any nomination paper; or,
(b) fraudulently deface, destroy or remove any list, notice or other document affixed by or under the authority of a returning officer; or
(c) fraudulently deface or fraudulently destroy any ballot paper or the official mark on any ballot paper; or
(d) without due authority supply any ballot paper to any person or receive any ballot paper from any person or be in possession of any ballot paper; or
(e) fraudulently put into any ballot box anything other than the ballot paper which be is authorised by law to put in; or
(f) without due authority destroy, take, open or otherwise interfere with any ballot box or ballot paper then in use for the purposes of the election; or
(g) fraudulently or without due authority, as the case may be, attempt to do any of the foregoing acts or wilfully aid or abet the doing of any such acts.
(2) Any person who contravenes the provisions of sub-section (1) shall-
(a) if he is a returning officer or an assistant returning officer or a presiding officer at a polling station or any other officer or clerk employed on official duty in connection with the election, be punishable with imprisonment for a term which may extend to two years or with fine or with both;
(b) if he is any other person, be punishable with imprisonment for a term which may extend to six months or with fine or with both.
(3) For the purposes of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election or part of an election including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election, but the expression "official duty" shall not include any duty imposed otherwise than by or under this Act.
(4) An offence punishable under clause (b) of sub-section (2) shall be cognizable.
37-O. Prosecution regarding certain election offences.- No court shall take cognizance of any offence punishable under section 37-G or under section 37-L or under clause (a) of sub-section (2) of section 37-N except on complaint in writing made by order of, or under authority from the Government.
REQUISITIONING OF PROPERTY FOR ELECTION PURPOSES
37-P. Requisitioning of premises, vehicles, etc., for election purposes.-(1) If it appears to the Government, that in connection with an election under this Act-
(a) any premises other than residential buildings actually occupied are needed or likely to be needed for the purpose of being used as a polling station or for the storage of ballot boxes after a poll has been taken, or
(b) any vehicle, vessel or animal is needed or is likely to be needed for the purpose of transport of ballot boxes to or from any polling station, or transport of members of the police force for maintaining order during the conduct of such election, or transport of any officer or other person for performance of any duty in connection with such election
the Government may, by order in writing, requisition such premises or such, vehicle, vessel or animal as the case may be, and may make such further orders as may appear to them to be necessary or expedient in connection with the requisitioning:-
Provided that no vehicle, vessel or animal which is being lawfully used by a candidate or his agent for any purpose connected with the election of such candidate shall be requisitioned under this sub-section until the completion of the poll at such election.
(2) The requisition shall be effected by an order in writing addressed to the person deemed by the Government to be the owner or person in possession of the property, and such order shall be served on the person to whom it is addressed.
(3) Whenever any property is requisitioned under sub-section (1), the period of such requisition shall not extend beyond the period for which such property is required for any of the purposes mentioned in that sub-section.
(4) In this section-
(a) ‘premises’ means any land, building or part of a building and includes a hut, shed or other structure or any part thereof;
(b) ‘vehicle’ means any vehicle used or capable of being used for the purpose of ??? whether propelled by mechanical power or otherwise.
37-Q. Payment of amount.-(1) Whenever in pursuance of section 37-P, the Government requisition any premises the persons interested shall be paid by the Government an amount which shall be determined by the Government by taking into consideration the following, namely:-
(i) the rent payable in respect of the premises or if no rent is so payable the rent payable for similar premises in the locality:-
Provided that the rent payable in respect of the premises to which the provisions of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (Tamil Nadu Act 18 of 1960) apply shall be the fair rent payable for the premises under that Act;
(ii) if in consequence of the requisition of the premises the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change:-
Provided that where any person interested, being aggrieved by the amount so determined makes an application to the Government within one month from the date of service of the order determining the amount for referring the matter to an arbitrator, the amount to be paid shall be such as the arbitrator appointed by the Government may determine:-
Provided further that where there is any dispute as to the title to receive the amount or as to the apportionment of the amount it shall be referred by the Government to an arbitrator appointed in this behalf by the Government for determination and shall be determined in accordance with the decision of such arbitrator.
Explanation.-In this sub-section, the expression "person interested" means the person who was in actual possession of the premises requisitioned under section 37-P immediately before the requisition, or where no person was in such actual possession, the owner of such premises.
(2) Whenever in pursuance of section 37-P the Government requisition any vehicle, vessel or animal, there shall be paid by the Government to the owner thereof an amount which shall be determined by the Government on the basis of the fares or rates prevailing in the locality for the hire of such vehicle, vessel or animal:-
Provided that where the owner of such vehicle, vessel or animal being aggrieved by the amount so determined makes an application to the Government within one month from the date of service of the order determining the amount for referring the matter to an arbitrator, the amount to be paid shall be such as the arbitrator appointed in this behalf by the Government may determine:-
Provided further that where immediately before the requisitioning the vehicle or vessel was by virtue of a hire purchase agreement in the possession of a person other than the owner, the total amount determined under this sub-section payable in respect of the requisition shall be apportioned between that person and the owner in such manner as they may agree upon, and in default of agreement, in such manner as an arbitrator appointed by the Government in this behalf may decide.
37-R. Power to obtain information.-The Government may, with a view to requisitioning any property under section 37-P of determining the amount payable under section 37-Q by order, require any person to furnish to such authority as may be specified in the order such information in his possession relating to such property as may be so specified.
37-S. Powers of entry into and inspection of premised, etc.- (1) Any person authorised in this behalf by the Government may enter into any premises and inspect such premises and any vehicle, vessel or animal therein for the purpose of determining whether and if so in what manner, an order under section 37-P should be made in relation to such premises, vehicle, vessel or animal or with a view to securing compliance with any order made under that section.
(2) In this section, the expressions ‘premises’ and ‘vehicle’ shall have the same meaning as in section 37-P.
37-T. Eviction from requisitioned premises.-(1) Any person remaining in possession of any requisitioned premises in contravention of any order made under section 37-P may be summarily evicted from the premises by any officer empowered by the Government in this behalf.
(2) Any officer so empowered may, after giving to any woman not appearing in public, reasonable warning and facility to withdraw, remove or open any lock or bolt or break open any door of any building or do any other act necessary for effecting such eviction.
37-U. Release of premises from requisition.-(1) When any premises requisitioned under section 37P are to be released from requisition, the possession thereof shall be delivered to the person from whom possession was taken at the time when the premises were requisitioned, or if there were no such person, to the person deemed by the Government to be the owner of such premises, and such delivery of possession shall be a full discharge of the Government from all liabilities in respect of such delivery, but shall not prejudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is so delivered.
(2) Where the person to whom possession of any premises requisitioned under section 37-P is to be given under sub-section (1) cannot be found or is not readily ascertainable or has no agent or any other person empowered to accept delivery on his behalf, the Government shall cause a notice declaring that such premises are released from requisition to be affixed on some conspicuous part of such premises and publish the notice in the District Gazette concerned.
(3) When a notice referred to in sub-section (2) is published in the District Gazette, the premises specified in such notice shall cease to be subject to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof, and the Government shall not be liable for any claim in respect of such premises for any period after the said date.
37-V. Delegation of function of the Government with regard to requisitioning.-The Government may, by notification, direct that any power conferred or any duty imposed on the Government by any of the provisions of sections 37-P to 37-U shall, under such conditions, if any, as may be specified in the direction, be exercised or discharged by such officer or class of officers as may be so specified.
37-W. Penalty for contravention of any order of requisitioning.-If any person contravenes any order made under section 37-P or section 37-R, he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both."
12. Amendment of section 155, Tamil Nadu Act XXXV of 1958.- In the proviso to clause (b) of sub-section (1) of section 155 of the principal Act, for the expression "four years and two months", the expression "four years find five months" shall be substituted.
13. Amendment of section 178, Tamil Nadu Act XXXV of 1958.- In section 178 of the principal Act, in sub-section (2), for clause (ii), the following clause shall be substituted, namely:-
"(ii) providing for-
(a) the adjudication of disputes arising out of election or co-option by the district munsif's court and of appeals in such cases to the subordinate judge having jurisdiction or if no subordinate judge has such jurisdiction to the district judge having jurisdiction;
(b) all matters relating to electoral rolls or elections, not expressly provided for in this Act, including deposits to be made by candidates standing for election and the conditions under which such deposits may be forfeited, and the conduct of inquiries and the decision of disputes relating to electoral rolls."
14. Amendment of section 199, Tamil Nadu Act XXXV of 1958.- In section 199 of the principal Act,-
(i) after the expression "under this Act", the expression "except the notifications issued under section 3, 8, 10, 15, 16, 30-A or 30-B" shall be inserted;
(ii) after sub-section (1), the following sub-section shall be inserted, namely:-
"(1-A) All notifications issued under section 3, 8, 10, 15, 16, 30-A or 30-B shall be published in the District Gazette concerned and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published."