Tamil Nadu Panchayats (Third Amendment) Act, 1996*
| [Tamil Nadu Act No. 21 of 1996] | [13th August, 1996] |
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 seventh Year of the Republic of India as follows:-
* Received the assent of the Governor on the 13th August, 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 (Third Amendment) Act, 1996.
(2) It shall come into force atonce.
2. Amendment section 2.- In section 2 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) (hereinafter referred to as the principal Act), for clause (11), the following clause shall be substituted, namely;-
"(11) ‘executive authority’ means a person notified as such by the Government under section 83;".
3. Amendment of section 10.- In section 10 of the principal Act, for the first proviso, the following proviso shall be substituted, namely:-
"Provided that no person shall be eligible to be elected as a member of more than one ward in the same village panchayat or as a member of more than one village panchayat."
4. Substitution section 17.- For section 17 of the principal Act, the following section shall be substituted, namely:-
"17. Strength of a panchayat union council.-A panchayat onion council constituted for any panchayat union, shall consist of the elected members as notified under section 19."
5. Substitution of section 19.- For section 19 of the principal Act, the following section shall be substituted namely:-
"19. flection of members of panchayat union council.- Every panchayat onion council shall consist of persons elected from the wards in the panchayat union, as may be notified from time to time by the Government at the rate of one member, as nearly as may be, for every five thousand population of the panchayat union area as ascertained in the last preceding census of which the relevant figures have been published. Such a ward of the panchayat union area may either comprise a full ward or one or more wards of the village panchayats:
Provided that no person shall be eligible to be elected as a member of more than one ward in the same panchayat union or as a member of more than one panchayat union council under this Act:
Provided farther that a person who stands for election as a member of a panchayat union council shall not be eligible to stand for election as a member of a village panchayat, president of a village panchayat ora 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. Substitution of section 25.- For section 25 of the principal Act, the following section shall be substituted, namely:-
"25. Constitution of district panchayat.-(1) Every district panchayat shall consist of-
(a) all the elected members as determined under section 27;
(b) the members of the House of People and the members of the State Legislative Assembly representing a part or whole of the district whose constituencies he within the district;
(c) the member of the Council of States who is registered as elector within the district.
(2) Members of the House of People, the State Legislative Assembly and the Council of States, referred to in clauses (b) and (c) of sub-section (1), shall be entitled to take part in the proceedings but shall not have the right to vote in the meetings of the district panchayat."
7. Amendment of section 26.- In section 26 of the principal Act, for the first proviso, the following proviso shall be substituted, namely:-
"Provided that no person shall be eligible to be elected as a member of more than one ward in the same district panchayat or as a member of more than one district panchayat".
8. Amendment of section 33.- In section 33 of the principal Act, the expression "or chairman" shall be omitted.
9. Amendment of section 83.- For section 83 of the principal Act, the following section shall be substituted, namely:-
"83. Executive Authority of Village Pcnchayat.-The Government may, by notification, appoint any person, who shall, subject to such rules as may be prescribed, exercise the powers and perform the functions of the executive authority of a village panchayat".
10. Amendment of section 242.- In section 242 of the principal Act, in sub-section (2), in clause (ii), for sub-clause (a), the following sub-clause shall be substituted, namely:-
"(a) the adjudication of disputes arising cut of election by the district judge having jurisdiction;".