TAMIL NADU PANCHAYATS (THIRD AMENDMENT) ACT,
2005 THE TAMIL NADU
PANCHAYATS (THIRD AMENDMENT) ACT, 2005[1] [Act No. 16 of 2005] Statement of Objects
and Reasons[2] The
term of office of the Special Officers appointed under Section 9-A of the Tamil
Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) in respect of
Kottakatchiyendal and Nattar-mangalam village panchayats and of the Special
Officers appointed under Section 261 of the said Act in respect of Keeripatti
and Pappapatti village panchayats were due to expire on the 24th April 2005. 2.
It was brought to the notice of the Government that after resorting to election
process for holding ordinary election, Pappapatti and Nattarmangalam village
panchayats in Madurai district and Kottakatchiyendal village panchayat in
Virudhunagar district could not be constituted since no nomination had been
filed for the office of the President and members of the said village
panchayats. 3.
In the case of Keeripatti village panchayat in Madurai district one Thiru V.
Azhagumalai has been elected as President but no nomination had been filed for
the office of the members of that village panchayat. As per Section 6 of the
said Tamil Nadu Act 21 of 1994, a village panchayat shall be constituted
consisting of elected members. As such, a village panchayat for
Keeripattipanchayat village could not be constituted under the said Act. 4.
The Government, therefore, decided to extend the term of office of the Special
Officers of the aforesaid village panchayats for a further period of six months
beyond the 24th April 2005. Accordingly orders were issued in G.O.Ms. No. 54,
Rural Development Department, dated the 22nd April 2005, pending amendment to
the said Tamil Nadu Act 21 of 1994. To give effect to the orders issued in the
aforesaid Government order, it was decided to amend sub-section (2) of Section
9-A and sub-section (2) of Section 261 of the said Act, suitably and also to
validate anything done or any action taken by such Special Officers on or after
the 25th April 2005. Accordingly, the Tamil Nadu Panchayats (Third Amendment)
Ordinance, 2005 (Tamil Nadu Ordinance 3 of 2005) was promulgated by the
Governor on the 11th July 2005 and the same was published in the Tamil Nadu
Government Gazette, Extraordinary, dated the 13th July 2005. 5.
The Bill seeks to replace the said Ordinance. 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
Fifty-sixth Year of the Republic of India as follows:-- (1) This Act may be called the Tamil Nadu Panchayats
(Third Amendment) Act, 2005. (2) It shall be deemed to have come into force on the
25th day of April 2005. In
Section 9-A of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994)
(hereinafter referred to as the principal Act), in sub-section (2).for the
expression "24th day of April 2005", the expression "24th day of
October 2005" shall be substituted. In
Section 261 of the principal Act, in sub-section (2).for the expression
"24th day of April 2005", the expression "24th day of October
2005" shall be substituted. Notwithstanding
anything contained in the principal Act, every person exercising the powers and
discharging the functions of the village panchayats specified in Schedule V and
Schedule VI of the principal Act, as Special Officer of the said village
panchayats, with effect on and from the 25th day of April 2005, shall be deemed
to have been appointed as such Special Officer of the said village panchayats
under sub-section (1) of Section 261 and under sub-section (1) of Section 9-A
of the principal Act, respectively, as amended by this Act, and anything done
or any action taken by the said Special Officers during the period commencing
on the 25th day of April 2005 and ending with the 13th day of July 2005 shall
be deemed to have been validly done or taken under the principal Act, as
amended by this Act. (1) The Tamil Nadu Panchayats (Third Amendment)
Ordinance, 2005 (Tamil Nadu Ordinance 3 of 2005) is hereby repealed. (2) Notwithstanding such repeal, anything done or any
action taken under the principal Act, as amended by the said Ordinance, shall
be deemed to have been done or taken under the principal Act, as amended by
this Act. [1] Received the assent of the Governor on
the 9th October, 2005 -- Published in Tamil Nadu Government Gazette,
Extraordinary, Part IV, Section 2, Issue No.222, Page 99, dated October 13,
2005. [2] Vide LA Bill No. 17 of 2005 -- As
published in Tamil Nadu Government Gazette, Extra., Part IV Section 1, Issue
No.209, dated September 23, 2005.
Preamble - THE TAMIL NADU PANCHAYATS
(THIRD AMENDMENT) ACT, 2005PREAMBLE