[3][Tamil Nadu Act 18 of 1958][4] [20th September, 1958] An Act to provide for the constitution of District Development Councils
in the [5][State
of Tamil Nadu]. Whereas it is expedient to provide for the constitution of District
Development Councils in the [6][Staie
of Tamil Nadu]; Be it enacted in the Ninth Year of the Republic of India as
follows. (1) This Act may be
called the “[7][Tamil Nadu] District Development Councils Act, 1958.” (2) It extends to
the whole of the [8][State
of Tamil Nadu].” (3) It shall come
into force on such date[9] as
the Government may, by notification, appoint. In this Act,
unless the context otherwise requires. (1) “district”
means the revenue district referred to in sub-section (1) of section 3 or the
local area constituted into a district under sub-section (2) of that section as
altered by the notifications, if any, issued under sub-section (3) of the same
section; (2) “Government”
means the State Government; (3) “panchayat” and
“panchayat union council” have the meanings assigned to them under the law for
the time being in force relating to their constitution; (4) a person is
deemed to have his “residence” or to “reside” in any house if he sometimes uses
any portion thereof as a sleeping apartment, and a person is not deemed to
cease to reside in any such house merely because he is absent from it or has
elsewhere another dwelling in which he resides, if he is at liberty to return
to such house at any time and has not abandoned his intention of returning; (5) “revenue
district” means any local area which for the purposes of revenue administration
is under the charge of a District Collector; (6) “year” means
the finanical year. (1) ??? as
otherwise provided in this section, every local area which on the date of the
commencement of this Act is a revenue district shall be deemed to be a district
for the purposes of this Act, (2) The Government
may, in special circumstances, by notification, declare any compact local area
in a revenue district or in more than one revenue district, to be a district
for the Purposes of this Act and specify the name of the district. (3) The Government
may, by notification, (i) exclude from
any district any local area comprised therein; or (ii) include in any
district any local area contigus to it; or (iii) cancel or
modify a notification issued under sub-section (2); or (iv) alter the name
of any district. (4) Before issuing
a notification under sub-section (2) or sub-section (3), the Government shall
give the District Development Council or District Development Councils which
will be affected by the issue of such notification a reasonable opportunity for
showing cause against the proposal and consider the explanations and
objections, if any, of such District Development Council or District
Development Councils. (5) Every
notification issued under sub-section (2) or sub-section (3) shall contain a
statement of the reasons therefor. (1) The Government
may, by notification and with effect from such date as may be specified
therein, cause to be established for any district a District Development
Council consisting of the following members, namely. (a) The District
Collector, ex-officio; (b) [10](i) elected
Members of the House of the People and elected Members of the State Legislative
Assembly, chosen to represent a constituency which consists of, or comprises,
or relates to, the district or any portion thereof or who reside in the
district. (ii) elected Members of the Council of
States representing the State of Tamil Nadu and elected Members of the State
Legislative Council, and, (iii) nominated Members of Parliament
of this State and of the State Legislature, who have intimated their desire to
serve as a Member of the District Development Council under sub-section (3);] (c) all chairmen of
panchayat union councils in the district and until a panchayat union council is
constituted for any local area in the district, a person chosen in the
prescribed manner by the presidents of panchavats in, that area: Provided that
no person shall be so chosen unless his name appears in the electoral roll for
any of the panchayats in the area; (d) all chairmen of
municipal councils in the district; (e) presidents of
Co-operative Central Banks in the district;. (f) such Gazetted
Officers of the Government connected with planning awl execution of development
schemes in the district as are nominated by the Government. If the district
comprises of parts of two or more revenue districts, the Government may, by
notification, declare which officer shall be considered to be the District
Collector in respect of that district for the purposes of this Act. (2) The District
Collector referred to in sub-section (1) shall be the Chairman of the District
Development Council. (3) [11][(a)(i) No elected Member of the House
of the People and no elected Member of the State Legislative Assembly, shall be
a member of more than one District Development Council. (ii) An elected
Member of the House of the People or an elected Member of the State Legislative
Assembly chosen to represent a constituency which consists of, or comprises, or
relates to, a district or any portion thereof other than a district in which he
has his residence shall decided to the District Development Council in which he
desires to serve as a Member and intimate his decision to the District
Collector concerned in such form and within such period as may be prescribed. (b)(i) No elected member of the
council of States and no member elected to the State Legislative Council by/the
members of the Legislative Assembly shall be a member of the District
Development Councils in more than one district; and such elected member of the
Council of States or of the State Legislative Council, as the case may be,
shall decide as to the District Development Councils of any one district in
which he desires to serve as a member and intimate his decision to the District
Collector concerned in such form and within such period as may be prescribed. (ii) Any member
elected to the State Legislative Council by the electorates mentioned in
sub-clause (a) (b) or (c) of clause (3) of Article 171 of the Constitution shall be a
member of every District Development Council in the districts ??? the
territorial constituency concerned. (c) No
nominated Member of Parliament of this State and no nominated Member of the
State Legislature shall be a Member of the District Development Councils of
more than one district; and the nominated Member of Parliament of this State or
of the State Legislature shall decide as to the District Development Councils
of any one district in which he desires to serve as a Member and intimate his
decision to the District Collector concerned in such form and within such period
as may be prescribed.] (4) Where a person
ceases to be a Member of Parament or a Member of the State Legislature or the
chairman of a panchayat union Council or President of a Co-operative; Central
Bank or the chairman of a municipal council in the district [12][or
Chairman of the Tamil Nadu State Bhoodan Yagna Board or the President of a Town
panchayat, ??? official of any of the authorities; referred to in sub-section
(4-A)] he shall cease to be a member of the [13][District
Development Council or District Development Councils] from the date on which he
ceases to be such member or chairman or president [14][or
official]. [15][(4-A). In
addition to the members referred in sub-section (1), the Government may, by
notification nominate. (i) The Chairman of
the Tamil Nadu State Bhoodan Yagna Board constituted under section 3 of the
Tamil Nadu Bhoodan Yagna Act, 1958 (Tamil Nadu Act XV of 1958). (ii) any official of
the Tamil Nadu Electricity Board, Tamil Nadu Water Supply and Drainage Board or
any other Board or Committee constituted under any law for the timing in force,
as a member of one or more ??? Development Councils as may be specified in such
notification. (4-B) In addition to the members referred to in sub-sections (1)
and (4-A), the Collector shall by notification nominate before the commencement
of each year a President of a Town Panchayat in the district by rotation, as a
member of the District Development Council and the member so nominated shall
enter upon office on the commencement of the year]. (1) The District
Development Council shall advise the Government on all matters concerning the
activities of panchayats, panchayat union councils and municipal councils in
the district, as well as on all matters relating to the development of the
economic resources of the district a the services maintained therein for
promoting the culture and welfare of the inhabitants of the district. (2) In particular,
it shall be the duty of the District Development Council to perform the
following functions, namely. (a) Advising the
Government on all matters relating to the services maintained by and all
development schemes undertaken by all local authorities in the district as;
well as those agencies in the district, which are under the administrative
control of the Government in, the following department, namely. (i) Food and
Agriculture, (ii) Industries,
Labour and Co-operation, (iii) Public Works,
and (iv) Health, Education
and Local Administration; (b) watching the
progress of the measures undertaken by the Government, local authorities and
departmental agencies in respect of the services and development schemes
aforesaid. (c) ??? (i) classification
of markets as panchayat markets and panchayat union markets and fixing rates of
contribution payable by one authority to the other; (ii) Classification
of fairs and festivals as panchayat fairs, panchayat festivals and panchayat
union fairs and panchayat union festivals; (iii) classification
??? public roads (other than roads classified by the Government as National
Highways, State Highways and major district roads) as panchayat union roads and
village roads; (d) advising the
Government on all matters relating to development of road transport. (1) The District
Development Council may meet as often as may be necessary and shall, subject to
the provisions of sub-sections (2) and (3), observe such rules of procedure in
regard to transaction of business at its meetings, (including the quorum at
meetings) as may be prescribed by the Government under this Act, provided that
not more than three months shall elapse between one meeting of the District
Development Council and another. (2) The Chairman of
the District Development Council or in his absence any member nominated by him
in that behalf shall preside at a meeting of the District Development Council. (3) All questions
at a meeting of the District Development Council shall be decided by a majority
of the votes of the members present and voting and in the case of an equality
of votes, the Chairman of the District Development Council, or in his absence
the person presiding, shall have a second or casting vote: Provided that a
member of the District Development Council who is an Officer of the Government
shall have a right to take part in the discussions, but shall not have a right
to vote at a meeting of the Council, and shall not be a member of the Council
for any other purpose. No act or
proceeding of the District Development Council shall be deemed to be invalid by
reason only of the existence of any vacancy in the District Development Council
or any defect in the nomination of a member thereto [17][or
on the ground only that more than three months have elapsed between one meeting
of the District Development Council and another]. (1) (a) For the purpose of assisting the
District Development Council in exercising such of its powers, discharging such
of its duties and performing such of its functions as may be specified by the
Government, a District Development Council may, and if so required by the
Government shall, constitute standing committees for dealing with. (i)
Food and Agriculture, (ii)
Industries and Labour, (iii)
Public Works, (iv)
Education, (v)
Health and Welfare including
Prohibition. (b) A District Development Council may
constitute additional standing committees for such purposes as the District
Development Council thinks fit. (2) Each standing
committee referred to in sub-section (1) shall consist of such number of
Gazetted Officers of the Government as are ??? by the Government from out of
the members of the District Development Council: Provided that
it shall be open to the Government to nominate the same person to more than one
standing committee. (3) The Other
members of the District Development Council shall be chosen to the standing
committee in such manner as may be ???: Provided that
the same person shall not be a member of more than one standing committee: Provided
further that it shall be open to a person who has been chosen as a member of
one standing committee to opt to serve as a member of another standing
committee in the place of a member of such committee with the consent of such
other member and for such period as may be mutually agreed upon. (4) In addition to
the members nominated under sub-section (2) or chosen under sub-section (3),
the Government may appoint as a member of a standing committee any person, who
in their opinion possesses special knowledge and experience in matters that may
come up before the District Development Council, although he is no a member of
the District Development Council, or the District Development Council may
invite any such person to serve as a member of a standing committee: Provided that
the number of members so appointed by the Government shall not exceed two in
respect of any standing committee. (5) The members of
a standing committee who are not members of the District Development Council
shall have the right to attend the meetings of the standing committee and take
part in the discussions thereat but they shall not have the right to vote at
such meetings. (6) Each standing
committee shall elect its own chairman from among its members who are members
of the District Development Council. (7) The members of
the standing committee nominated, chosen or appointed, as the case may be,
under this section shall cease to hold office at the end of each year and the
members of the standing committee for the ensuing year shall be nominated,
chosen or appointed, as the case may be, before the expiry of the year but
shall not enter upon office until the commencement of the ensuing year. (8) The District
Development Council shall lay down by regulations the procedure for the
functioning of the standing committees. Subject to such
control as may be prescribed, the District Collector may, for the purpose of enabling
the District Development Council to efficiently perform its functions or
exercise its powers under this Act, appoint such officers as he may think fit
and determine their functions. For the purpose
of efficiently performing its functions under this Act, every District
Development Council may, within the limits of its jurisdiction. (a) undertake such
measures as it deems necessary; (b) collect such
data as it deems necessary; (c) publish
statistics or other information relating to the various aspects of the
regulation or development of the activities of municipal councils, panchayat
union councils and panchayats in the district; (d) require any
municipal council, panchayat union council or panchayat to furnish such
information as may be required by it in relation to me measure undertaken by
that municipal council, panchayat union council or panchayat for the regulation
or development of its activities and such other matters as may be prescribed. (1) The District
Development Council shall prepare in such form and at such time each year as
may be prescribed, an annual report giving a true and full account of its
activities during the previous year and copies thereof shall be forwarded to
the Government. (2) The Government
shall lay on the table of both Houses of the Legislature all such reports
together with their comments thereon. Every District
Development Council shall furnish to the Government such returns, statistics,
and other information with respect to its activities as the Government may from
time to time require. No suit or
other legal proceeding shall be against any member or officer of a District
Development Council or of any standing committee in respect of anything which
is in good faith done or intended to be done in pursuance of this Act. (1) The Government
may, [18][???] make rules to carry
out the purposes of this Act. (2) In particular,
and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely. (a) the allowances
of members of the District Development Council; (b) the matters in
respect of which a District Development Council may require a municipal
council, panchayat union council or panchayat, to furnish information. (c) the form in
which, and the time within which, the annual report of the District Development
Council may be prepared and forwarded to the Government; (d) the returns and
information which District Development Council may be required to furnish to
the Government; (e) the manner of
recruitment of the officers of a District Development Council and the terms and
conditions of service of such officers; (f) regulating the
meetings of the District Development Council and the procedure for conducting
meetings thereat; (g) regulating the
manner in which and the purposes for which, standing committees may be
appointed; (h) any other
matter which has to be or may be, prescribed. (3) [19][(a) All rules made under this Act
shall be published in the Fort
St. George Gazette 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. (b) All notifications issued under
this Act shall, unless they are expressed to come into force on particular by,
come into force on the day on which they are published. (c) Every rule made or notification
issued under this Act shall, as soon as possible after it is made or issued, be
placed on the table of bath Houses of the Legislature, and if, before the
expiry of the session in which it is so placed or the next session, boll.
Houses agree in making any modification in any such rule or notification or
both Houses agree that the rule or notification should not be made or issued,
the rule or notification shall thereafter have effect only in such modified
form or be of no effect, as the case may be, so however, that any such
modification or annulment shall be without prejudice to the validity of
anything previously done under that rule or notification.] [1]
These words were substituted for the word “Madras” by the Tamil Nadu Adaptation
of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second
Amendment) Order, 1969. [2]
Received the assent of the Governor on the 19th September, 1958; first
published in the “Fort St. George Gazette Extraordinary” on the 20th September,
1958 (Bhadra 29, 1880) [3]
These words were substituted for the word “Madras” by the Tamil Nadu Adaptation
of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second
Amendment) Order, 1969. [4]
For Statement of Objects and Reasons, see Fort St. Geroge Gazette Extraordinary
dated the 30th August, 1958, Part IV-A, page 294. This Act was extended to the added
territories by section 3(1) Tamil Nadu District Development Councils and
Panchayats (Extension of Added Territory) Act, 1961 (Tamil Nadu Act 28 of 1961
subject to the condition that the territories specified in Parts I II and III
of the Second Schedule to the Andhra Pradesh and Madras 1959 (Central Act 56 of
1959) shall be deemed to form part of the Chingleput district. [5]
This Expression was substituted for the expression “State Madras” by the Tamil
Nadu Adaptation of Laws Order; 1969, amended by the Tamil Nadu Adaptation of
Laws (Second Amendment) Order, 1969. [6]
This Expression was substituted for the expression “State Madras” by the Tamil
Nadu Adaptation of Laws Order; 1969, amended by the Tamil Nadu Adaptation of
Laws (Second Amendment) Order, 1969. [7]
These words were substituted for the word “Madras” by the Tamil Nadu Adaptation
of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second
Amendment) Order, 1969. [8]
This Expression was substituted for the expression “State Madras” by the Tamil
Nadu Adaptation of Laws Order; 1969, amended by the Tamil Nadu Adaptation of
Laws (Second Amendment) Order, 1969. [9]
Came into force on the 1st December, 1959. [10]
This clause was substituted for the original clause (b) by section ??? of the
Tamil Nadu District Development Councils (Amendment) Act, 1975 (Tamil Nadu Act
51 of 1975). [11]
This sub-section was substituted for the original sub-section (3) by section
2(2) of the Tamil Nadu District Development Councils (Amendment) Act, 1975
(Tamil Nadu Act 51 of 1975). [12]
These words were inserted by section 2(3)(i) of the Tamil Nadu District
Development Councils (Amendment) Act, 1975 (Tamil Nadu Act 51 of 1975). [13]
These words were substituted for the words “District Development Council” by
section 2(3)(ii) of the Tamil Nadu District Development Councils (Amendment)
Act, 1975 (Tamil Nadu Act 51 of 1975). [14]
These words were inserted by section 2(3)(iii) of the Tamil Nadu District
Development Councils (Amendment) Act, 1975 (Tamil Nadu Act 51 of 1975). [15]
These sub-sections were inserted by section 2(4) of the Tamil Nadu District
Development Councils (Amendment) Act, 1975 (Tamil Nadu Act 51 of 1975). [16]
Certain acts done or proceedings taken by the District Development Councils
before the commencement of the Tamil Nadu District Development Councils
(Amendment) Act, 1965 (Tamil Nadu Act 19 of 1965) were validated by section 4
of the said Act. [17]
These words were added by section 2 of the Tamil Nadu District Development
Councils (Amendment) Act, 1965 (Tamil Nadu Act 19 of 1965). [18]
The words “by notification” were omitted by section 3(1) of the Tamil Nadu
District Development Councils (Amendment) Act, 1965 (Tamil Nadu Act 19 of
1965). [19]
This sub-section was substituted for the original sub-section (3) by section
3(2) of the Tamil Nadu District Development Councils (Amendment) Act, 1965
(Tamil Nadu Act 19 of 1965).[1][Tamil Nadu] District Development
Council Act, 1958[2]