Tamil Nadu Panchayats (Third Amendment) Act, 1989*
| [Tamil Nadu Act No. 31 of 1989] | [17th November, 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 17th November, 1989 and published in the Tamil Nadu Government Gazette, Extraordinary.
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Panchayats (Third Amendment) Act, 1989.
(2) It shall come into force at once.
2. Insertion of new section 12-A.- In the Tamil Nadu Panchayats Act, 1958 (hereinafter referred to as the principal Act) (Tamil Nadu Act XXXV of 1958), after section 12, the following section shall be inserted, namely:-
"12-A. Duration of panchayats and panchayat union councils.-(1) Every panchayat unless sooner dissolved or superseded and every panchayat union council unless sooner dissolved, shall continue for five years beginning at noon on the day on which the ordinary, vacancies occur and no longer and the expiration of the said period of five years shall operate as a dissolution of the panchayat and panchayat union council.
(2) Where a panchayat is dissolved or superseded before the expiration of the said period of five years and no direction has been issued under sub-clause (i) of clause (a) of sub-section (2) of section 154 or where a panchayat union council is dissolved before the expiration of the said period of five years, election to constitute such panchayat or reconstitution of such panchayat union council shall be completed in recordance with the provisions of section 154 or, as the case may be, section 155 ??? as may be, and in any case before the expiration of a period of six moths from the date of such dissolution or as the case may be, supersession:
Provided that where a panchayat is dissolved or superseded or a panchayat union council, is dissolved, within six ninths before the expiration of the period of five years, it shall not be necessary to hold any election to, such panchayat or to reconstitute such panchayat union council."
3. Amendment of Section 15.- In section 15 of the principal Act, for sub-section (3) the following sub-section shall be substituted, namely:-
"(3) As nearly as may be, thirty per cent of the total number of seats in every panchayat shall be, reserved for women and the Inspector may from time to time specify in accordance with such rules as may be prescribed, the wards in Respect of which women are to be elected."
4. Amendment of section 17.- In section 17 of the principal Act,-
(1) in sub-section (1), the proviso shall be omitted;
(2) in sub-section (2),-
(a) for the expression ??? shall be ???:
(b) the ??? shall be ???
5. Amendment of section 30.- In section ??? of the principal Act it sub-section ??? omitted.
6. Amendment of section 36-A.- In Section 36-A of the principal Act, in sub-section (3), the proviso shall be omitted.
7. Insertion of section 66-A.- After section 66 of the principal Act, the following section shall be inserted, namely:-
"66-A. Entrustment of certain schemes to panchayat union councils.-(1) Save as otherwise provided in section 66, the Government may, subject to such conditions and restrictions as may be specified, entrust all or any of the schemas, programmes and activities for economic development, whether such schemes, programmes and activities are to be executed or implemented either by the Government or by any statutory body, or other agency to the panchayat union council for its execution or implementation.
(2) The panchayat union council may, if so notified by the Government, review the schemes, programmes and other activities executed by the Government or by any statutory body one agency within the puchayat union.
8. Amendment of section 110.- In section 110 of the principal Act, in sub-section (1-A) the proviso shall be omitted.
9. Insertion of new section 143-A.- After section 143 of the principal. Act, the following section shall be inserted, namely:-
"143-A. Expert Committee to review financial position.-(1) The Government shall as soon as may be within three months from the date of publication of the Tamil Nadu Panchayats (Third Amendment) Act, 1989 in the Tamil Nadu Government Gazette and thereafter at the expiration of every fifth year constitute an Expert Committee, to review the financial position of the panchayats and panchayat union councils and to make recommendations to the Government as to-
(a) the principles governing the determination of the taxes, duties, tolls, fees, grants and other amounts which may be assigned to, or appropriated by, the panchayats and panchayat union councils; and
(b) the improvement of the finances of panchayats and panchayat union councils.
(2) The Expert Committee constituted under sub-section (1) shall consist of both officials and non-officials not exceeding seven as may be nominated by the Government of when one shall be nominated by the Government as Chairman."
10. Amendment of section 154.- In section 154 of the principal Act,-
(1) in sub-section (1),-
(a) in clause (a), after the expression "with effect from another specified date", the expression "which shall be within a period or six months from the date of such dissolution" shall be inserted;
(b) in clause (b),-
(i) for the expression "one year" the expression "six months" shall be substituted;
(ii) after the expression "with effect from another specified dale", the expression "which shall be within a period of six months from the date of such supersession" shall be inserted;
(iii) the proviso shall be omitted.
(2) in sub-section (10), for the expression "and their term of office shall expire in such year and on such date as the Government may fix", the expression "and shall hold their offices only for the remainder of the period for which the dissolved or, as the case may be, the superseded panchayat would have continued under sub-section (1) of section 12-A, had it not been dissolved or superseded" shall be substituted.
11. Amendment of section 155.- In section 155 of the principal Act,-
(1) in sub-section (1),-
(a) in clause (b), for the expression "one year", the expression "six months" shall be substituted;
(b) the proviso shall be omitted.
(2) in sub-section (2), the expression "(exerting the proviso thereto)" shall be omitted;
(3) in sub-section (4-A); the expression "or the proviso to that clause" shall be omitted;
(4) in subjection (5), for the expression "and their term of office shall expire in such year and on such date as the Government may fix", the expression "and they shall hold their offices only for the remainder of the period for which the dissolved panchayat union council would have continued under" sub-section (1) of section 12-A, had it not teen dissolved" shall be substituted.