Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Tamil Nadu Panchayats (Sixth Amendment) Act, 2006 38 of 2006 CONTENTS 1. Short Title And Commencement 2. Insertion Of New Section 9-C 3. Validation 4. Repeal And Saving Tamil Nadu Panchayats (Sixth Amendment) Act, 2006 38 of 2006 Statement of Objects and Reasons2 It was brought to the notice of the Government that after resorting to the election process for holding election during October 2006 to the village panchayats, in respect of certain village panchayats, the President as well as the ward members have not been elected and in certain other village panchayats, the President alone has been elected and the ward members have not been elected or insufficient number of ward members have been elected. As a result, village panchayats could not be constituted on the 25th day of October 2006 in certain panchayat villages. The Government have, therefore, decided to empower the Inspector to appoint Special Officers in respect of these village panchayats and also to validate anything done or any action taken by the Special Officer appointed on or after the 25th day of October 2006. Accordingly, the Tamil Nadu Panchayats (Sixth Amendment) Ordinance, 2006 (Tamil Nadu Ordinance 7 of 2006) was promulgated by the Governor on the 6th November 2006 and the same was published in the Tamil Nadu Government Gazette Extraordinary dated the 7th November 2006. 2. The Bill seeks to replace the said Ordinance. PREAMBLE 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- seventh Year of the Republic of India as follows:-- 1. Received the Assent of the Governor of Tamil Nadu on the December 16, 2006 -- Published in Tamil Nadu Government Gazette, Extraordinary, Part IV, Section 2, Iss. No.350, page 221, dated December 18, 2006. 2. Vide L.A. Bill No.44 of 2006 as introduced in the Tamil Nadu Assembly on December 7, 2006 -- Published in the Tamil Nadu Government Gazette, Extraordinary, Part IV, Section 1, Issue No.340, pages 380-381, dated December 7, 2006. 1. Short Title And Commencement :- (1) This Act may be called the Tamil Nadu Panchayats (Sixth Amendment) Act, 2006. (2) It shall be deemed to have come into force on the 25th day of October 2006. 2. Insertion Of New Section 9-C :- After Section 9-B of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) (hereinafter referred to as the principal Act), the following Section shall be inserted, namely:-- "9-C. Appointment of Special Officer in certain circumstances.-- Notwithstanding anything contained in this Act, or in any other law for the time being in force, in respect of village panchayat, which could not be constituted on the 25th day of October 2006, even after resorting to election process, the Inspector may, by notification, appoint a Special Officer, to exercise the powers and discharge the functions of the said village panchayat, until the day on which the first meeting of the said village panchayat is held after election to the said village panchayat". 3. Validation :- Notwithstanding anything contained in the principal Act, every person exercising the powers and discharging the functions of village panchayat as Special Officer of the village panchayat, with effect on and from the 25th day of October 2006, shall be deemed to have been appointed as such Special Officer of the village panchayat under Section 9-C of the principal Act, as amended by this Act and anything done or any action taken by the said Special Officer during the period commencing on the 25th day of October 2006 and ending with the 7th day of November 2006 shall be deemed to have been validly done or taken under the principal Act, as amended by this Act. 4. Repeal And Saving :- (1) The Tamil Nadu Panchayats (Sixth Amendment) Ordinance, 2006 (Tamil Nadu Ordinance 7 of 2006) 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.