KottakatehiyandalVirudhimagar Districtfor which elections were not conducted so far was to expire on the 30th June 1997. Due to various reasons, it was not possible to conduct elections to these six Village Panchayats before the 30th June 1997. Hence, the term of office of Special Officers of the above said six Village Panchayats were extended for a further period of three months beyond the 30th June 1997 by promulgating the Tamil Nadu Panchayats (Fourth Amendment) Ordinance, 1997 (Tamil Nadu Ordinance 6 of 1997) by the Governor on the 30th June 1997.2. In the mean time all preliminary arrangement for conduct of elections to these six village panchayats are in progress. However, since the extended term of office of Special Officers of these six villages panchayats expired on the 30th September 1997, their term was extended for a further period of six months beyond the 30th September 1997 by promulgating the Tamil Nadu Panchayats (Fifth Amendment) Ordinance, 1997 (Tamil Nadu Ordinance 9 of 1997), by the Governor on the 28th September 1997.3. The Bill seeks to replace the said Ordinance.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary dated the 15th October 1997.Statement of Objects and Reasons - Tamil Nadu Panchayats (Fifth Amendment) Act, 1997 (Tamil Nadu Act 62 of 1997). - By the amendment made to the Indian Stamp Act, 1899 (Central Act II of 1899) by the Indian Stamp (Tamil Nadu Amendment) Act, 1981 (Tamil Nadu Act 42 of 1981), the Stamp duty on the following two categories of instruments (among others) has been increased, namely: -(i) Release of Benami right in favour of real owner.(ii) Instrument of settlement other than in favour of a member or members of a family.Section 3 of the Benami Transaction (Prohibition) Act, 1988 (Central Act 45 of 1988) prohibits the transaction of Benami right in favour of real owner except the person referred to under sub-section (3) of section 4 of the said Central Act 45 of 1988. The Government have now decided to amend the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) suitably so as to levy surcharge on stamp duty on the release of Benami right in favour of excepted persons under sub-section (3) of section 4 of the said Central Act 45 of 1988 of immovable property and settlement of immovable property other than in favour of a member or members of a family.2. The Bill seeks to give effect to the above decision.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary dated the 15th October 1997.Statement of Objects and Reasons - Tamil Nadu Panchayats (Amendment) Act, 1998 (Tamil Nadu Act 4 of 1998). - The Chief Election Commissioner of India has brought to the notice of the Government of Tamil Nadu that the general public and even the press are confused regarding the role and position including the names of "State Election Commission" and "Election Commission of India". In order to differentiate "State Election Commission" from that of "Election Commission of India", the Government have now decided to change the names of "State Election Commission", and "State Election Commissioner" as "Tamil Nadu Election Commission" and "Tamil Nadu Election Commissioner", respectively, by amending the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994), suitably.2. The Bill seeks to give effect to the above decision.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 21st March 1998.Statement of Objects and Reasons - Tamil Nadu Panchayats (Third Amendment) Act, 1998 (Tamil Nadu Act 28 of 1998). - Section 3 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) provides that the Grama Sabha shall meet thrice in a year and that if the village panchayat fails to convene the Grama Sabha, the Inspector shall convene the Grama Sabha. Further, sub-section (5) of section 3 of the said Act provides that the quorum for a meeting of the Grama Sabha shall be one-third of the total number of the members of Grama Sabha. Now, the Government consider that it is enough if Grama Sabha meets twice in a year and that the responsibility of convening the meeting of the Grama Sabha be vested with the President of the Village Panchayat and that the quorum of the Grama Sabha meeting be deleted with a view to incorporate the same in the rules. Further, it has been decided to give daily allowance, travelling allowance, sitting fees and the fixed monthly travelling allowance to the representatives of the local bodies and to provide for the construction of water works, for the supply of water for drinking, washing and bathing by the Panchayat Union Council.2. At present, there is no provision in the said Tamil Nadu Act 21 of 1994 for motion of no-confidence in chairman of panchayat union and district panchayat who are also indirectly elected from among their members. Now, it has bean proposed to bring the chairman of panchayat union and district panchayat also within the ambit of removal by a motion of no-confidence by its members. Accordingly, the Government have decided to amend the said Tamil Nadu Act 21 of 1994 suitably for the said purposes.3. The Bill seeks to give effect to the above decisions.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 19th May 1998.Statement of Objects and Reasons - Tamil Nadu Panchayats (Fourth Amendment) Act, 1998 (Tamil Nadu Act 29 of 1998). - At present, certain town panchayats which are rural in character are under the purview of the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920). In view of this, these town panchayats do not get any grants either from the Central Government or from the State Government as in the case of village panchayats. Central as well as State sponsored poverty alleviation schemes intended to rural areas are also not extended to these town panchayats since they have been controlled by the law relating to municipalities. In order to extend these facilities to the areas coming under town panchayats, which are in rural character basically, the Government have decided to bring certain town panchayats under the purview of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) by treating them as village panchayats with the existing elected bodies, so as to enable them to junction as per the existing provisions of the said Tamil Nadu Act 21 of 1994 till such date as the Government may fix in this behalf or in case no date is fixed till the date on which their term of office expires under the Tamil Nadu Act V of 1920. It has also been decided to make provisions in the Tamil Nadu Act 21 of 1994 for non-representation to the panchayat union council and the district panchayat from the town panchayats which are converted as village panchayats till the date on which their term of office expires under the Tamil Nadu Act V of 1920. Further, it has also been decided to make necessary provisions in the said Tamil Nadu Act 21 of 1994 for continuing the provincialised staff of the town panchayats converted as village panchayats for a period of three months after such conversion. At present, there is no provision in the said Tamil Nadu Act 21 of 1994 for grading the village panchayats. Now, it has been decided to bring necessary provision in the Act for gradation of village panchayats. Accordingly, the Government have decided to amend the Tamil Nadu Act 21 of 1994 suitably for the said purposes.2. The Bill seeks to give effect to the above decisions.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 25th May 1998.Statement of Objects and Reasons - Tamil Nadu Panchayats (Sixth Amendment) Act, 2000 (Tamil Nadu Act 30 of 2000). - Sub-section (1) of section 241 of the Tamil Nadu Panchayats Act 1994 (Tamil Nadu Act 21 of 1994) empowers the Government to constitute in every district a District Planning Committee to consolidate the plans prepared by the rural and urban local bodies in the district and to prepare a Draft Development Plan for the district as a whole. As per sub-section (2) of section 241 of the said Act, the Committee shall consist of: -(a) the Collector of the district;(b) members of the House of the People who represent the whole or part of the district;(c) members of the Council of States who are registered as electors in the district;(d) all the members of the Tamil Nadu Legislative Assembly whose constituencies lie within the district;(e) the Mayor of the City Municipal Corporation and all chairmen of the municipal councils in the district;(f) the chairman of the district panchayat;(g) as nearly as possible one-fifth of the total number of chairmen of town panchayats and chairmen of the panchayat union councils in the district respectively to be notified by the Government by rotation every year;(h) such number of persons not less than four-fifth of the total number of members of the Committee as may be specified by the Government elected in the prescribed manner from amongst the members of the district panchayat, town panchayats and councillors of the municipal corporations and the municipal councils in the district in proportion to the ratio between the population of the rural areas and of the urban areas in the district.2. Four-fifth of the total number of members of the Committee as specified in the said clause (h) will have to be arrived at for the purpose of election from amongst the members of the district panchayat and urban local bodies in proportion to the ratio between the population of the rural areas and of the urban areas in the district after taking into account the number of members specified in the said clauses (a) to (g) as one fifth. Four-fifth of the total number of members thus arrived in proportion to the population of the rural areas for the purpose of election from amongst the members of the district panchayat of a district comes to more than that of the number of members available in the said district panchayat of a district thereby rendering the implementation of the provisions of article 243-ZD of the Constitution very difficult.3. To get over the aforesaid difficulty, the Government have decided to amend the said Act suitably to specify the members of the House of the People who represent the whole or part of the district members of the Council of States who are registered as electors in the district members of the Tamil Nadu State Legislative Assembly whose constituencies lie within the district, all the chairmen of the panchayat union councils in the district, all the chairmen of the municipal councils in the district and all the chairmen of the town panchayats in the district as permanent special invitees so as to enable them to take part in the proceedings of the meetings of the said Committee. Accordingly, the Tamil Nadu Panchayats (Sixth Amendment) Ordinance, 2000 (Tamil Nadu Ordinance 6 of 2000) was promulgated by the Governor on the 22nd September 2000 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 23rd September 2000.4. The Bill seeks to replace the said Ordinance.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 7th November 2000.Statement of Objects and Reasons - Tamil Nadu Panchayats (Amendment) Act, 2001 (Tamil Nadu Act 18 of 2002). - The Tamil Nadu State Election Commission has suggested to amend sub-section (1) of section 258 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) to enhance the period of fifteen days to forty-five days for filing an election petition from the date of publication of the result of that election. The Government have, therefore, decided to amend the said Tamil Nadu Act 21 of 1994 suitably for the said purpose on the lines of the provisions contained in sub-section (1) of section 81 of the Representation of the People Act, 1951 (Central Act XLIII of 1951).(2) The Bill seeks to give effect to the above decision.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 10th September 2001.Statement of Objects and Reasons - Tamil Nadu Panchayats (Second Amendment) Act, 2001 (Tamil Nadu Act 19 of 2001). - The Government have issued orders for the continuous and concurrent audit in village panchayats, panchayat unions and district panchayats. Now, the financial position of the three tier panchayats has been good, consequent on devolution of funds based on the recommendation of the State Finance Commission, since 1997-98. Hence, the Government have decided to recover some percentage of audit charges from panchayats towards the expenditure incurred in the continuous and concurrent audit of the accounts of the panchayats, by amending the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994), suitably.2. The Bill seeks to give effect to the above decision.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 12th September 2001.Statement of Objects and Reasons - Tamil Nadu Panchayats (Second Amendment) Act, 2002 (Tamil Nadu Act 28 of 2002). - The President of village panchayat and the chairman of the panchayat union council and the district Panchayat have to perform all the duties and exercise all the powers specifically imposed or conferred on them under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994). By virtue of their office as such president or chairman, they shall be members of the council concerned and every committee of such council. In the absence of the president of the village panchayat, the vice-president has to exercise the powers and perform the functions of the president. Similarly, in the absence of the chairman of the panchayat union council and the district panchayat, the vice-chairman has to exercise the powers and perform the functions of the chairman. The president and vice-president of the village panchayat and the chairman and vice-chairman of the panchayat union council and the district panchayat shall exercise similar powers and discharge similar functions under the Tamil Nadu Panchayats Act, 1994. If a member of either House of Parliament or a member of the Legislative Assembly of the State is elected as president or vice-president of a village panchayat or chairman or vice-chairman of a panchayat union council or a district panchayat, it will not be possible for him to discharge his duties and responsibilities more effectively.2. Certain Members of the Legislative Assembly of the State and chairman of panchayat union council have represented to the Government to debar the Member of the Legislative Assembly of the State and Member of Parliament from contesting for election to the office of the president and vice-president and chairman and vice-chairman in the Local Bodies. The Tamil Nadu State Election Commission has forwarded the above representation for consideration of the Government.3. The Government, after careful consideration of the representations and the provisions contained in the Constitution of India, have decided to disqualify any Member of the Legislative Assembly of the State or Member of either House of Parliament for being elected as, and for being, a president or vice-president of a village panchayat or a chairman or vice-chairman of a panchayat union council or of a district panchayat and to amend the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) suitably for the purpose.4. The Bill seeks to give effect to the above decision.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 22nd April 2002.Statement of Objects and Reasons - Tamil Nadu Panchayats (Amendment) Act, 2004 (Tamil Nadu Act 21 of 2004). - The term of office of the Special Officers of Kottakatchiyendal, Nattarmangalam, Keeripatti and Pappapatti village panchayats was due to expire on the 24th April 2004. As the said village panchayats could not be constituted even after resorting to election process for holding ordinary election, it became necessary to extend the term of office of the Special Officers of the said village panchayats beyond the 24th April 2004. The Government, therefore, decided to extend the term of office of the Special Officers of the said village panchayats for a further period of six months beyond the 24th April 2004, and to amend sub-section (2) of section 9-A and sub-section (2) of section 261 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) for the purpose.2. Accordingly, the Tamil Nadu Panchayats (Amendment) Ordinance, 2004 (Tamil Nadu Ordinance 3 of 2004) was promulgated by the Governor on the 23rd April 2004 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 23rd April 2004.3. The Bill seeks to replace the said Ordinance.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 30th November 2004.Statement of Objects and Reasons - Tamil Nadu Panchayats (Amendment) Act, 2004 (Tamil Nadu Act 21 of 2004). - The term of the Yercaud Panchayat Union Council and certain village panchayats under that panchayat union was due to expire on the 5th March 2005. The ordinary election to the said panchayat union council and to the said village panchayats could not be conducted in accordance with the provisions of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) and the rules made thereunder before the expiry of the term, since a proposal for reservation of seats for the persons belonging to the Scheduled Castes and the Scheduled Tribes and for women including the women belonging to the Scheduled Castes and the Scheduled Tribes based on the population as published in 2001 census is under consideration. Hence, it become necessary to appoint a Special Officer to exercise the powers and discharge the duties of the said Panchayat Union Council and of its Chairman and also to appoint a Special Officer to exercise the powers and discharge the functions of the said village panchayats. The Government, therefore, appointed Special Officer to the said panchayat union council and village panchayats on the 6th March 2005 for a period of six months or until the day on which the first meeting of the Panchayat Union Council, or as the case may be, the village panchayat concerned is held after election whichever is earlier. The Government have decided to amend the said Tamil Nadu Act 21 of 1994 retrospectively for the purpose and also to validate the action taken by the said Special Officers.2. The Bill seeks to give effect to the above decision.Published In Part II - Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 5th April 2005.Statement of Objects and Reasons - Tamil Nadu Panchayats (Second Amendment) Act, 2004 (Tamil Nadu Act 22 of 2004). - The Manachanalur Panchayat Union Council was dissolved on the 12th December 2003 under section 215 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) and the said Panchayat Union Council shall be reconstituted within six months from the date of dissolution, that is, on or before the 11th June 2004, as required under the said section 215.2. It was brought to the notice of the Government that it was found difficult to conduct the casual election to reconstitute the said Panchayat Union Council since the election process for the fourteenth Lok Sabha has concluded recently. Hence, it became necessary to appoint a Special Officer to the said Panchayat Union Council to exercise the powers and discharge the duties of the said council and of its Chairman, beyond the 11th June 2004. The Government, therefore, decided to appoint Special Officer to the said Council for a period of six months, by amending the said Act suitably. Accordingly, the Tamil Nadu Panchayats (Second Amendment) Ordinance, 2004 (Tamil Nadu Ordinance 6 of 2004) was promulgated by the Governor on the 7th June 2004 and the same was published in the Tamil Nadu Government Gazette, Extraordinary; dated the 8th June 2004.3. The Bill seeks to replace the said Ordinance.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 31st November 2004.Statement of Objects and Reasons - Tamil Nadu Panchayats (Third Amendment) Act, 2004 (Tamil Nadu Act 39 of 2004). - Consequent on the cancellation of the notification issued under section 3-B of the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) in respect of 562 Town Panchayats on the 14th June 2004, they were constituted as village panchayats under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 2.1 of 1994). In order to have separate identity for the said Village Panchayats, the Government decided to amend the said Tamil Nadu Act 21 of 1994 to classify such Village Panchayats as Special Village Panchayats and to make provisions for a smooth transition, administrative accountability, financial stability and maintenance of existing level of civic services to the citizens in such Special Village Panchayats. To give effect to the above decision, the Tamil Nadu Panchayats (Third Amendment) Ordinance, 2004 (Tamil Nadu Ordinance 9 of 2004) was promulgated by the Governor on the 30th September 2004 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 1st October 2004.2. Further, the Government have also decided to bring within the said class of Special Village Panchayats, any Village Panchayat constituted under the said Tamil Nadu Act 21 of 1994 after the 14th June 2004, consequent on the cancellation of the notification issued under section 3-B of the said Tamil Nadu Act V of 1920 in respect of a Third Grade Municipality.3. The Bill seeks to replace the said Ordinance and also to give effect to the aforesaid decision.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 18th November 2004.Statement of Objects and Reasons - Tamil Nadu Panchayats (Fourth Amendment) Act, 2004 (Tamil Nadu Act 36 of 2004). - 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 Nattarman-galam 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 October 2004. It was brought to the notice of the Government that after resorting to election process for holding ordinary election to constitute Kottakatchiyendal, Nattarmangalam, Keeripatti and Pappapatti Village Panchayats, the said Village Panchayats could not be constituted. Hence, it became necessary to extend the term of office of the Special Officers of the said Village Panchayats beyond the 24th October 2004. 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 October 2004, by amending sub-section (2) of section 9-A and sub-section (2) of section 261 of the said Act, suitably.2. Accordingly, the Tamil Nadu Panchayats (Fourth Amendment) Ordinance, 2004 (Tamil Nadu Ordinance 14 of 2004) was promulgated by the Governor on the 23rd October 2004 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 23rd October 2004.3. The Bill seeks to replace the said Ordinance.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 18th November 2004.Statement of Objects and Reasons - Tamil Nadu Panchayats (Second Amendment) Act, 2005 (Tamil Nadu Act 15 of 2005). - According to sub-section (2) of section 239 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994), the Tamil Nadu State Election Commissioner to be appointed by the Governor under Article 243-K of the Constitution shall hold office for a term of two years and shall be eligible for reappointment for two successive terms and no person shall hold the office of the Tamil Nadu State Election Commissioner for more than six years in the aggregate and shall retire from office if he completes the age of sixty-two years during the term of his office. The ordinary elections to the Village Panchayats, Panchayat Union Councils and District Panchayats are held once in five years and the Tamil Nadu State Election Commissioner may not have an opportunity to conduct the ordinary election within the two successive terms of two years of reappointment. Therefore, to enable the Tamil Nadu State Election Commissioner to use his knowledge and experience gained over the period to conduct at least one ordinary election to the said Panchayats, the Government decided to remove the restrictions as to the age and as to the maximum period for holding the office of the Tamil Nadu State Election Commissioner and to amend sub-section (2) of section 239 of the said Act, suitably for the purpose. Accordingly, the Tamil Nadu Panchayats (Second Amendment) Ordinance, 2005 (Tamil Nadu Ordinance 2 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 2005.2. The Bill seeks to replace the said Ordinance.Published in Part II - Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 23rd September 2005.Statement of Objects and Reasons - Tamil Nadu Panchayats (Third Amendment) Act, 2005 (Tamil Nadu Act 16 of 2005). - 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 Nattarman-galam 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 field 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 Keeripatti panchayat village could not be constituted under the said Act.4. The Government, therefore, decided to extent 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.Published in Part II - Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 23rd September 2005.Statement of Objects and Reasons - Tamil Nadu Panchayats (Fourth Amendment) Act, 2005 (Tamil Nadu Act 19 of 2005). - The term of office of the Special Officers appointed under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) in respect of the Yercaud panchayat union council and certain village panchayats under that panchayat union was due to expire on the 5th September 2005. The ordinary election to the said panchayat union council and to the said village panchayats could not be conducted in accordance with the provisions of the said Tamil Nadu Act 21 of 1994 and the rules made thereunder before the expiry of the term of office of the said Special Officers, since the proposal for reservation of seats for the persons belonging to the Scheduled Castes and the Scheduled Tribes and for women including the women belonging to the Scheduled Castes and the Scheduled Tribes based on the population as published in 2001 census was under consideration. Hence, it became necessary to extend the term of office of the said Special Officers to exercise the powers and discharge the duties of the said panchayat union council and village panchayats. The Government, therefore, decided to extend the term of office of the said Special Officers for a period of six moths or until the day on which the first meeting of the panchayat union council, or as the case may be, the village panchayat concerned is held after election, whichever is earlier, by amending sub-section (2) of section 9-B and sub-section (2) of section 18-B of the said Act, suitably for the purpose in view. Accordingly, the Tamil Nadu Panchayats (Fourth Amendment) Ordinance, 2005 (Tamil Nadu Ordinance 7 of 2005) was promulgated by the Governor on the 2nd September 2005 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 2nd September 2005.2. The Bill seeks to replace the said Ordinance.Published in Part II - Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 23rd September 2005.Statement of Objects and Reasons - Tamil Nadu Panchayats (Amendment) Act, 2006 (Tamil Nadu Act 9 of 2006). - The term of office of the Special Officers appointed under section 9-A of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 1994) in respect of Kottakatchiyendal and Nattarmangalam village panchayats and of the term of the office 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 October 2005.2. It has been brought to the notice of the Government that due to unprecedented rain and flood, the election process for holding ordinary election to constitute Kottakatchiyendal, Nattarmangalam, Keeripatti and Pappapatti village panchayats have not been conducted and the said village panchayats could not also be constituted. Hence, it has become necessary to extend the term of office of the Special Officers of the said village panchayats beyond the 24th October 2005.3. The Government have, 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 October 2005. Accordingly, orders were issued in G.O.Ms. No. 140, Rural Development Department, dated the 24th October 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 has been 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 October 2005.4. The Bill seeks to give effect to the above decision.Published in Part II - Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 23rd January 2006.Statement of Objects and Reasons - Tamil Nadu Panchayats (Second Amendment) Act, 2006 (Tamil Nadu Act 6 of 2006). - According to sub-section (2) of section 198 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994), the Finance Commission constituted under sub-section (1) of that section shall consist of a Chairman and four other members. The Government have decided to increase the strength of members of the Finance Commission from four to five so as to include the Director of Special Village Panchayats as a member and to amend sub-section (2) of section 198 of the said Tamil Nadu Act 21 of 1994 for the purpose in view.2. The Bill seeks to give effect to the above decisionPublished in Part II - Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 23rd January 2006.Statement of Objects and Reasons - Tamil Nadu Panchayats (Third Amendment) Act, 2006 (Tamil Nadu Act 22 of 2006). - 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 Nattarman-galam village panchayats and the Special Officers appointed under section 261 of the said Act in respect of Keeripatti and Pappapatti village panchayats were due to expire on 24th April 2006.2. In view of the General Elections to the Tamil Nadu Legislative Assembly, the election process for holding ordinary election to constitute Kottakatchiyendal, Nattarmangalam, Keeripatti and Pappapatti village panchayats had not been resorted to. Flence, it became necessary to extend the term of office of the Special Officers of the said village panchayats beyond the 24th April 2006. 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 2006 and to amend sub-section (2) of section 9-A and sub-section (2) of section 261 of the said Act, suitably, for the purpose. Accordingly, the Tamil Nadu Panchayats (Fourth Amendment) Ordinance, 2006 (Tamil Nadu Ordinance 1 of 2006) was promulgated by the Governor on the 24th April 2006 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 24th April 2006. The said Ordinance could not be replaced by an Act of the Legislative Assembly. Therefore, the provisions of sub-section (2) of section 9-A and subsection (2) of Section 261 of the said Act as so amended by the said Ordinance ceased to operate with effect on and from the 29th June 2006. As a result, the Special Officers of the said village panchayats are functioning without any authority.3. Now, therefore, the Government have decided to extend the term of office of the Special Officers appointed under section 9-A of the said Tamil Nadu Act 21 of 1994 in respect of Kottakatchiyendal and Nattarmangalam village panchayats and the Special Officers appointed under section 261 of the said Act in respect of Keeripatti and Pappapatti village panchayats with effect on and from the 25th day of April 2006 for a further period of six months by amending the said Act suitably for the purpose and to validate anything done or any action taken by the Special Officers of the said village panchayats with effect on and from the 25th day of April 2006.4. The Bill seeks to give effect to the above decision.Published in Part II - Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 18th August 2006.Statement of Objects and Reasons - Tamil Nadu Panchayats (Fourth Amendment) Act, 2006 (Tamil Nadu Act 23 of 2006). - The term of office of the Special Officers appointed under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) in respect of the Yercaud panchayat union council and certain village panchayats under the panchayat union was due to expire on the 5th March 2006. The ordinary election to the said panchayat union council and to the said village panchayats could not be conducted in accordance with the provisions of the said Tamil Nadu Act 21 of 1994 and the rules made thereunder before the expiry of the term of office of the said Special Officers, since the proposal for reservation of seats for the persons belonging to the Scheduled Castes and the Scheduled Tribes and for women including the women belonging to the Scheduled Castes and the Scheduled Tribes based on the population as published in 2001 census is still under consideration. Hence, it became necessary to extend the term of office of the said Special Officers to exercise the powers and discharge the duties of the said panchayat union council and village panchayats. The Government, therefore, decided to extend the term of office of the said Special Officers of the Yercaud panchayat union council and certain village panchayats for a period of six months, that is, up to the 5th September 2006 and accordingly, issued orders in G.O. Ms. No. 25, Rural Development Department, dated the 3rd March 2006, pending amendment to the said Tamil Nadu Act 21 of 1994.2. The ordinary election to all panchayats in the State will have to be conducted before the 24th October 2006. Therefore, the Government have now decided to extend the term of the said Special Officers for a further period of two months beyond the 5th September 2006 and in the aggregate for a period of eight months with effect on and from the 6th March 2006 or until the day on which the first meeting of the panchayat union council, or as the case may be, the village panchayat concerned is held after election, whichever is earlier.3. To give effect to the orders issued in the aforesaid Government order, and the above decision, it has been decided to amend sub-section (2) of section 9-B and sub-section (2) of section 18-B of the said Act, suitably and also to validate anything done or any action taken by such Special Officers on or after the 6th March 2006.4. The Bill seeks to give effect to the above decision.Published in Part II - Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 22nd August 2006.Statement of Objects and Reasons - Tamil Nadu Panchayats (Fifth Amendment) Act, 2006 (Tamil Nadu Act 17 of 2006). - As per section 4 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994), the Inspector shall declare every local area with population of not less than 500 as a panchayat village and any area with population of less than 500 shall be included in any contiguous panchayat village. It has been reported that sixty six panchayat villages which had population more than 500 as per the 1991 Census are having population below 500 as per the 2001 Census. However, representations have been received against the merger of these panchayat villages with contiguous panchayat villages and there are also apprehensions of law and order problems. Therefore, the Government have decided to remove the minimum population limit of 500 for the formation of a panchayat village.2. The next ordinary elections to the village panchayats, panchayat unions and district panchayats have to be conducted before 24th October 2006 as the present term of the said panchayats is due to expire on 24th October 2006. The panchayat village - wise 2001 census figures were received in May 2006. If fresh delimitation of wards in the three tiers of panchayats is taken up based on the 2001 census, the panchayat elections cannot be conducted before 24th October 2006. It was also considered that it would be appropriate to take up the delimitation of panchayat wards after the delimitation of Parliamentary and Assembly Constituencies. The Government, therefore, decided to conduct the ordinary elections to all panchayats to be held before 24th October 2006 based on the existing territorial area of the wards of the panchayats, number of wards and number of members to be returned from such wards.3. The Government also decided to reconstitute the 561 special village panchayats covered by the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) as Town Panchayats under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920.)4. To give effect to the above decisions, the Government decided to amend the said Tamil Nadu Act 21 of 1994 suitably.5. Accordingly, the Tamil Nadu Panchayats (Fifth Amendment) Ordinance, 2006 (Tamil Nadu Ordinance 3 of 2006) was promulgated by the Governor on the 14th July 2006, the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 14th July 2006.6. The Bill seeks to replace the said Ordinance.Published in Part II - Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 22nd August 2006.Statement of Objects and Reasons - Tamil Nadu Panchayats (Sixth Amendment) Act, 2006 (Tamil Nadu Act 38 of 2006). - 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.Published in Part II - Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 7th December 2006.Statement of Objects and Reasons - Tamil Nadu Panchayats (Amendment) Act, 2007 (Tamil Nadu Act 16 of 2007). - As per the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994), the president, vice-president of the village panchayats, the chairman, vice-chairman of the panchayat union councils and of the district panchayats, and members of the said panchayats removed for irregularities are ineligible for election to the said offices, until the date on which notice of the next ordinary elections to the respective panchayats is published or the expiry of one year, from the date specified in the notification issued for their removal or from the date as postponed by the Government for their removal, as the case may be, whichever is earlier.2. The Government, have now decided to amend the relevant provisions of the said Tamil Nadu Act 21 of 1994 suitably, so as to enhance the said period of ineligibility from one year to three years and to disqualify them from contesting the elections, including the election for filling up of a casual vacancy in the said offices until the expiry of the said period of three years.3. The Bill seeks to achieve the above object.Published in Part II - Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 8th May 2007.Statement of Objects and Reasons - Tamil Nadu Panchayats (Second Amendment) Act, 2007 (Tamil Nadu Act 17 of 2007). - Sub-section (4) of section 37 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) empowers the Tamil Nadu State Election Commission to declare a person to be disqualified for being chosen as, and for being, a member or president, as the case may be, if he has failed to lodge an account of election expenses within the time and in the manner required by or under the said Act and has no good reason or justification for the failure. Sub-section (1) of section 41 of the said Act contemplates certain procedure to decide the question of disqualification of members of panchayats under sections 33, 35, 37, 38 and 40 of the said Act. According to the said sub-section (1) of section 41, allegation of disqualification against a member should be placed at the next meeting of the panchayat concerned and if such member does not appeal to the prescribed judicial authority within two months, he shall become disqualified from the date of expiry of the said two months. If an appeal is made within two months, pending decision on such appeal, the member is entitled to act as if he is qualified. As the provisions in subsection (1) of section 41 appear to be innocuous yet it limits the absolute power of the Tamil Nadu State Election Commission under sub-section (4) of section 37, the Government have decided to amend section 41 of the said Tamil Nadu Act 21 of 1994, so as to exclude sub-section (4) of section 37 from the said section 41 in order to enable the Tamil Nadu State Election Commission to exercise its powers under the said sub-section (4) of section 37 efficaciously.2. The Bill seeks to give effect to the above decision.Published in Part II - Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 8th May 2007.Statement of Objects and Reasons - Tamil Nadu Panchayats (Third Amendment) Act, 2007 (Tamil Nadu Act 23 of 2007). - The major sources of assigned revenues to the Rural Local Bodies are local cess, local cess surcharge, surcharge on stamp duty, and entertainment tax. It has been observed that there is considerable delay in adjusting the various assigned revenues by Collectors to the Village Panchayats and Panchayat Unions. There is also considerable inequity in the distribution of Government revenues. The Government has been considering the development of an alternative sharing formula for assigned revenues that facilitates quick and easy disbursement and is also equitable.2. On the recommendation of the Third State Finance Commission, as modified by the Committee of four Ministers, Government have decided to pool the four main items of assigned revenues (local cess, local cess surcharge, surcharge on stamp duty and entertainment tax) at the State level and apportion them among the three tiers of panchayats by adopting the same formula as done for the State Finance Commission Grants.3. In order to achieve the above object, it has been proposed to amend sections 167,169,175 (3) and (4), 186 (b) and (I), 188 (1) (c)(d) and (m) of, and to insert a new section 175 - A into the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994).4. The Bill seeks to achieve the above objects.Published in Part II - Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 10th May 2007.Statement of Objects and Reasons - Tamil Nadu Panchayats (Fourth Amendment) Act, 2007 (Tamil Nadu Act 12 of 2007). - At present, there is no specific provision in the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) to grant paid holidays on the day of poll, to those who are employed in any business, trade, industrial undertakings or other establishments and are entitled to vote. In view of that, during the Panchayat Elections 2006, several instances came to notice wherein the business, trade, industrial undertakings and other establishments did not grant a holiday on the day of poll to their employees who are entitled to vote, which caused untold hardship to the eligible voters. Therefore, the Government have decided to make a specific provision in the said Tamil Nadu Act 21 of 1994 casting a duty upon the business, trade, industrial undertakings and other establishments to grant paid holiday on the day of poll to their employees who are entitled to vote, and also to specify penalty for contravention thereof, on the lines of the provision contained in section 135-B of the Representation of the People Act, 1951 (Central Act 43 of 1951).2. The Bill seeks to achieve the above decision.Published in Part II - Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 10th May 2007.Statement of Objects and Reasons - Tamil Nadu Panchayats (Fifth Amendment) Act, 2007 (Tamil Nadu Act 24 of 2007). - Section 239 (2) (b) of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) as amended by the Tamil Nadu Panchayats (Fifth Amendment) Act, 2005 (Tamil Nadu Act 15 of 2005) read as follows: -"The Tamil Nadu State Election Commissioner shall hold office for a term of two years and shall be eligible for re-appointment."Published in Part II - Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 10th May 2007.2. The High Court of Madras in its judgment, dated 16th March 2006 in W.P. Nos. 40026 of 2005 and 4323 of 2006 observed that the said provision which gives power to the Government to re-appoint a State Election Commissioner without any age limit or without any specific number of terms was totally unreasonable, as it did not accord with the principles relevant for fixing the age of retirement nor did it serve any public interest and held that the said amendment was violative of Article 14 of the Constitution.3. In the light of the Judgment of the High Court of Madras, the Government have decided to fix the age of retirement of the State Election Commissioner as 65 years and the term of office of the State Election Commissioner as two years. He shall be eligible for re-appointment for two successive terms of two years each so that no person shall hold the office of State Election Commissioner for more than six years in the aggregate.4. The Bill seeks to give effect to the above decisions.Published in Part II - Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 10th May 2007.Statement of Objects and Reasons - Tamil Nadu Panchayats (Sixth Amendment) Act, 2007 (Tamil Nadu Act 25 of 2007). - As per the provisions of sub-section (3) of section 188 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994), the various Village Panchayat Accounts are to be operated jointly by the President and the Vice-President of the concerned Village Panchayats. Several instances have come to the notice of the Government wherein Presidents and Vice-Presidents have issued cheques for works without the works being measured and bills being passed by the Block Development Officer concerned. Several other instances of the State Finance Commission Grant and Central Finance Commission Grant moneys not being used for payment of dues relating to electricity and water charges, but being diverted for less important purposes, thereby accumulating huge arrears, have also come to the notice of the Government.2. The Government consider that it is adequate if the President and Vice - President are empowered to operate only the Village Panchayat Fund Account which caters to the day-to-day as well as urgent operations of the Village Panchayat. Regarding the operation of other funds, Government consider that the Village Panchayat President and another official to be designated by the Government shall sign the cheques jointly in order to prevent instances of defalcation or diversion of funds of the kind mentioned above. Accordingly, the Government have decided to amend the said Act suitably for this purpose.3. The Bill seeks to give effect to the above decision.Published in Part II - Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 10th May 2007.Statement of Objects and Reasons - Tamil Nadu Panchayats (Amendment) Act, 2008 (Tamil Nadu Act 5 of 2008). - Of late, a large number of no-confidence motions are being received against the vice-presidents of the village panchayats and chairmen and vice-chainnen of the panchayat union councils and District Panchayats. Such large number of no-confidence motions are unprecedented in the long history of the local bodies administration of this State. This may be due to better awareness of the provisions of the statutes on this issue or may be due to the growing intolerance among the elected representatives of the panchayats, out of political or personal reasons. However, it may also be attributed to unethical practices. This trend tends to divert the focus and attention of the panchayats and administration from the real issues concerning the welfare of the people such as basic civic needs, infrastructural facilities and other development oriented initiatives and activities. As a result, smooth and cordial atmosphere of the panchayats are disturbed and also the conduct of the meetings of the said panchayats, is affected. This also tends to affect the administration of the panchayats. Though moving and passing of no-confidence motions are considered to be democratic rights, frequent use and misuse of the same will affect the very same democracy.2. The Government, therefore, decided to curb the above undesirable trend and accordingly decided to make the provisions relating to moving and passing of no-confidence motions more stringent by amending the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994). The Government also decided to abate all motions made expressing want of confidence and pending before any officer, authority or the Government, immediately before the 13th December 2007. Accordingly, the Tamil Nadu Panchayats (Seventh Amendment) Ordinance, 2007 (Tamil Nadu Ordinance 9 of 2007) was promulgated by the Governor on the 12th December 2007 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 13th December 2007.3. The Bill seeks to replace the said Ordinance.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 29th January 2008.Statement of Objects and Reasons - Tamil Nadu Panchayats (Second Amendment) Act, 2008 (Tamil Nadu Act 11 of 2008). - Clause (b) of section 169 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) enables the Government to make rules for fixing the proportions in which the proceeds of local cess, local cess surcharge and surcharge on the duty on transfers of property shall be distributed among village panchayats, panchayat union councils and district panchayats. Now, the Government have decided to distribute the major part of the proceeds of local cess, local cess surcharge and surcharge on the duty on transfers of property among the said three tiers of panchayats by adopting the formula applied for apportionment of the State Finance Commission Grant, and the remaining part of the said proceeds for the execution of specific schemes, projects, programme or plan in any village panchayat, panchayat union council or district panchayat. The Government have also decided to amend section 169 of the said Tamil Nadu Act 21 of 1994 suitably for the purpose.2. The Bill seeks to give effect to the above decision.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 29th January 2008.Statement of Objects and Reasons - Tamil Nadu Panchayats (Third Amendment) Act, 2008 (Tamil Nadu Act 40 of 2008). - As per section 167 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994), local cess is levied at the rate of one rupee on every rupee of land revenue payable to Government. Similarly, under section 168 of the said Tamil Nadu Act 21 of 1994, every panchayat union council may levy local cess surcharge which shall not be less than five rupees and more than ten rupees on every rupee of land revenue.2. The Second State Finance Commission has recommended for the enhancement of the rate of local cess from one rupee to two rupees and the minimum amount of local cess surcharge from five rupees to seven rupees. Accepting the said recommendation of the State Finance Commission, the Government have decided to amend sections 167 and 168 of the said Tamil Nadu Act 21 of 1994 suitably for the purpose.3. The Bill seeks to give effect to the above decision.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 28th March 2008.Statement of Objects and Reasons - Tamil Nadu Panchayats (Fourth Amendment) Act, 2008 (Tamil Nadu Act 34 of 2008). - According to section 165 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994), district panchayats have to prepare their annual reports and forward the same to the Government to be placed on the Table of the Legislative Assembly, together with their comments thereon. The district panchayats have only got a planning and advisory role under the said Tamil Nadu Act 21 of 1994. The core functions of actual implementation and execution of schemes are done by the panchayat unions, and village panchayats and not by the district panchayats. The reports presently placed on the Table of the Tamil Nadu Legislative Assembly are only partial as these are pertaining to the district panchayats alone which form only one of the three tiers of the Panchayat Raj Institutions. These reports do not give an over all view of the release of funds conduct of elections and the functioning of all the three tiers of the panchayats in the State and hence are not substantial enough to be placed before the Tamil Nadu Legislative Assembly.2. The Government have, therefore, decided that instead of laying the reports of the individual district panchayats on the Table of the Legislative Assembly, a comprehensive annual report on the State of the Panchayats in Tamil Nadu as a whole, shall be placed on the Table of the Legislative Assembly. The Government have also decided to amend the said Tamil Nadu Act 21 of 1994 suitably for the purpose.3. The Bill seeks to give effect to the above decision.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 28th March 2008.Statement of Objects and Reasons - Tamil Nadu Panchayats (Fifth Amendment Act, 2008 (Tamil Nadu Act 41 of 2008). - At present, the village panchayats are implementing various centrally sponsored schemes and State funded schemes besides undertaking works out of the general funds of village panchayats. But, there is no specific provision in the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) to entrust such schemes to the village panchayats and to require the president of the village panchayats to execute or implement the schemes entrusted to the village panchayats. The Government have, therefore, decided to amend the said Tamil Nadu Act 21 of 1994 so as to make it mandatory for the president of village panchayat to execute or implement the schemes entrusted to the village panchayat.2. The Bill seeks to give effect to the above decision.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 28th March 2008.Statement of Objects and Reasons - Tamil Nadu Panchayats (Sixth Amendment) Act, 2008 (Tamil Nadu Act 42 of 2008). - Sub-section (1) of section 245 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) provides for the imposition of penalties as specified in Schedule II to the said Act on any person who contravenes any of the provisions of the said Act specified in that Schedule and sub-section (2) of the said section 245 provides for imposition of penalties on any person for continuing breaches specified in Schedule III to the said Act.2. The penalty amounts, which were prescribed during the year 1994, have not been revised since then and have lost the deterrent effect. The Government have, therefore, decided to revise the penalties provided in these Schedules by amending the said Schedules suitably.3. The Bill seeks to give effect to the above decision.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 6th May 2008.Statement of Objects and Reasons - Tamil Nadu Panchayats (Seventh Amendment) Act, 2008 (Tamil Nadu Act 39 of 2008). - The 73rd Constitution Amendment Act, 1992 has given constitutional status to the Local Bodies and also provided for disqualification of elected members of Panchayat Raj Institution under Article 243-F of Constitution of India.2. The Government have decided to incorporate suitable provisions in the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) regarding disqualification for being chosen as, and for being, a member of a panchayat, similar to the provisions contained in the Representation of the People Act, 1951 (Central Act 43 of 1951) for disqualification of a member of either House of the State. The Government have also decided to empower the Government to decide the question of disqualification for being chosen as, and for being, a member of a panchayat in consultation with the Tamil Nadu State Election Commission, similar to those powers vested with the President under the said Central Act 43 of 1951 and also to vest with the Tamil Nadu State Election Commission powers in connection with enquiries as to disqualification of members of the panchayats. To give effect to the above decisions, the Government have decided to amend the said Tamil Nadu Act 21 of 1994 suitably.3. The Bill seeks to give effect to the above decisions.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 14th May 2008.Statement of Objects and Reasons - Tamil Nadu Panchayats (Eighth Amendment) Act, 2008 (Tamil Nadu Act 58 of 2008). - As per the provisions of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) and the rules framed thereunder, the executive authority of the village panchayat is empowered to grant licence for erecting hoardings in the local areas of the panchayat and the panchayat is empowered to fix the licence fee which shall not exceed the maximum prescribed by the Government. Regarding determination of the rates of tax on advertisements on such hoardings, the village panchayat is empowered to determine the same having regard to the location, size, reach and nature of the advertisement and subject to the rates fixed by the Government in this behalf. In order to improve the monitoring and regulation of all hoardings and to ensure effective implementation of the licensing of hoarding, the Government decided to empower the District Collectors to grant licence, to determine the advertisement tax and to regulate the advertisement in the village panchayat and to fix the licensing fee in respect of all licences required to be obtained under the said Act except in respect of licence for erecting hoardings for which the fees shall be fixed by the Government, by amending the said Tamil Nadu Act 21 of 1994 suitably. Accordingly, the Tamil Nadu Panchayats (Eighth Amendment) Ordinance, 2008 (Tamil Nadu Ordinance 10 of 2008) was promulgated by the Governor on the 28th October 2008 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 29th October 2008.2. The Bill seeks to replace the said Ordinance.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 11th November 2008.Statement of Objects and Reasons - Tamil Nadu Panchayats (Ninth Amendment) Act, 2008 (Tamil Nadu Act 59 of 2008). - Clause (a) of sub-section (1) of section 96 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) provides for constitution of an Appointments Committee for every panchayat union, which shall consist of the chairman of the panchayat union council, the commissioner and one member elected annually by the panchayat union council. The annual elections to elect a member of Appointments Committee from among the panchayat union council members are not being held under the supervision of any independent authority. Further, these elections lead to disputes resulting in delays in the constitution of Appointments Committee and are not conducive for the smooth functioning of the Panchayat Union administration.The vice-chairman of the panchayat union council is elected from among the panchayat union council members in the indirect elections conducted by the Tamil Nadu State Election Commission which is an independent Constitutional Body. The Government considers that it would be appropriate to make the Vice-Chairman of the panchayat union council as the member of Appointments Committee in the place of the member required to be elected every year by the panchayat union council members, in order to provide continuity and stability to the Appointments Committee and avoid changing the composition every year with a new member. The Government have, therefore, decided to amend the said section 96 of the said Tamil Nadu Act 21 of 1994 suitably for the purpose.3. The Bill seeks to give effect to the above decision.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary dated the 13th November 2008.Statement of Objects and Reasons - Tamil Nadu Panchayats (Amendment) Act, 2009 (Tamil Nadu Act 28 of 2009). - According to clause (g) of section 110 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994), it shall be the duty of village panchayats to make reasonable provision for carrying out the sinking and repairing of wells, the excavation, repair and maintenance of ponds or tanks and the construction and maintenance of water works for the supply of water for drinking, washing and bathing purposes. Similarly, clause (aa) of section 112 of the said Act, envisages the duty of a Panchayat Union Council to provide for the construction of water works for the supply of water for drinking, washing and bathing purposes. But in practice, village ponds alone are maintained by the village panchayats and the tanks are maintained by the Panchayat Unions. Therefore in order to vest the duty of maintenance of ponds alone with village panchayats and to empower the Panchayat Unions to maintain the tanks, the Government have decided to amend section 110 (g) and section 112 (aa) of the said Tamil Nadu Act 21 of 1994 suitably.2. The Bill seeks to give effect to the above decision.Published in Part II - Section 1, page 63 of the Tamil Nadu Government Gazette Extraordinary, dated the 24th June 2009.Statement of Objects and Reasons - Tamil Nadu Panchayats (Second Amendment) Act, 2009 (Tamil Nadu Act 14 of 2009). - The National Commission for Scheduled Castes and Scheduled Tribes in its Seventh Report has recommended the following: -"In case of elective offices such as Parliament/Legislative Assembly/Municipal Corporation/Panchayat, the false caste certificate holder should be immediately sacked from the post/chair and must be debarred from contesting election for at least 6 years, besides the punishment provided under law."2. The Government of India have requested the State Government to take suitable action, on the above said recommendation. Therefore, the Government have decided to amend the Tamil Nadu Panchayats Act, 1994, (Tamil Nadu Act 21 of 1994), so as to give effect to the said recommendation of the National Commission for Scheduled Castes and Scheduled Tribes.3. The Bill seeks to give effect to the above decision.Published in Part II - Section 1, page 66 of the Tamil Nadu Government Gazette Extraordinary, dated the 24th June 2009.Statement of Objects and Reasons - Tamil Nadu Panchayats (Third Amendment) Act, 2009 (Tamil Nadu Act 20 of 2009). - Under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of the 1994) panchayat unions and district panchayats are divided into territorial constituencies or "Wards", with each ward represented by only one member is the case with the urban local bodies such as municipal corporations, municipalities and town panchayats. However, in the case of village panchayats, section 12 of the said Act provides for election of multi-members from a single ward of a village panchayat. This system of multi-member wards is in existence in village panchayats only and it has posed several difficulties.2. The Third High Level Committee headed by the Hon'ble Minister for Rural Development and Local Administration observed that the village panchayat wards are very small both in terms of area and population and hence the multi-member ward system is not sound, and has recommended that the present system of multi-member village panchayat wards should be abolished and replaced with single-member wards. The Government have accepted the recommendation of the said committee and decided to amend section 12 of the said Act so as to elect only one member from each ward of village panchayat and to make a provision to enable the existing elected members in each ward of the village panchayats to continue as members till the expiry of their current term of office fill up the casual vacancies in the office of such members in accordance with the provisions of the said Act and the rules made thereunder.3. The Bill seeks to give effect to the above decision.Published in Part II - Section 1, page 68 of the Tamil Nadu Government Gazette Extraordinary, dated the 24th June 2009.Statement of Objects and Reasons - Tamil Nadu Panchayats (Fourth Amendment) Act, 2009 (Tamil Nadu Act 12 of 2009). - In the Budget speech for the year 2009-2010 it has been announced as follows: -"Under the existing system of land revenue collection, which has been in vogue for a long period, Local Cess, Local Cess Surcharge and Water Cess are being collected along with the land revenue. As this tax serves as proof of possession of farmers over their land holdings, hereafter only a nominal sum shall be levied as 'Land Revenue'. By simplifying the present cumbersome system, land revenue of Rs. 21 per acre of dry land as against an average levy of Rs. 15 per acre at present and Rs. 5 per acre of wet land as against an average levy of Rs. 50 per acre at present, shall be levied from the coming fasli year. Farmers shall not be burdened with any other levy such as Local Cess and Local Cess Surcharge. About 50 lakhs farmers will benefit from this measure".2. To give effect to the above announcement, the Government have decided to amend the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) so as to do away with the levy of local cess and local cess surcharge.3. The Bill seeks to give effect to the above decision.Published in Part II - Section 1, page 91 of the Tamil Nadu Government Gazette Extraordinary, dated the 16th July 2009.Statement of Objects and Reasons - Tamil Nadu Panchayats (Amendment) Act, 2012. - An announcement was made on the floor of the Legislative Assembly by the Hon'ble Minister (Municipal Administration and Rural Development) that the Government will sanction monthly honorarium to the Presidents of Village Panchayats. Accordingly, the Government have decided to make necessary provision in the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) by amending section 82 of the said Act suitably.2. The Bill seeks to give effect to the above said decision.Statement of Objects and Reasons - Tamil Nadu Panchayats (Second Amendment) Act, 2012. - In Tamil Nadu, 3% of the population are differently-abled. Among the differently-abled, there are many people with high educational qualification and capability of communication skills. However, deaf-mute category of people are disqualified to contest the elections under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994), which is not justifiable. Therefore, the Government have decided to amend the said Tamil Nadu Act 21 of 1994 by omitting the expression "or a deaf-mute" in clause (a) of sub-section (3) of sections 37 and 38 of the said Act.2. The Bill seeks to give effect to the above decision.Statement of Objects and Reasons - Tamil Nadu Panchayats (Third Amendment) Act, 2012. - It has been brought to the notice of the Government that unfortunate death of a school student has occurred due to lack of safety measures in construction and maintenance of swimming pools. The Government therefore, consider that there is an imperative need to evolve meaningful and comprehensive measures to ensure the safety and security of the users of the swimming pools, particularly in educational institutions. Accordingly, to effectively regulate the construction, maintenance and monitoring of swimming pools, the Government have decided to suitably amend the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994).2. The Bill seeks to give effect to the above decision.Statement of Objects and Reasons - Tamil Nadu Panchayats (Amendment) Act, 2014. - Fatal accidents and death of small children have occurred due to the careless attitude of the owners of bore wells, tube wells and open wells and the agencies carrying on the business of sinking such wells. Hence, in order to regulate the sinking of bore wells, tube wells and open wells, the Government have decided to amend the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) suitably.2. The Bill seeks to give effect to the above decision.Statement of Objects and Reasons - Tamil Nadu Panchayats (Amendment) Act, 2016. - The Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) provides for reservation of one third of total number of the seats and offices for women in Village Panchayats, Panchayat Union Councils and District Panchayats. The Government have considered it necessary to increase the percentage of reservation for women from one third of the total number of seats and offices to fifty per cent so as to promote women empowerment and facilitate the participation of women in rural development. Accordingly, the Government have decided to amend the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) suitably for the said purpose.2. The Bill seeks to give effect to the above decision.Statement of Objects and Reasons - Tamil Nadu Panchayats (Second Amendment) Act, 2016. - According to the provisions of Section 8,19,26,27 and 28 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994), the number of elected members to be returned to the village panchayats, Panchayat union councils and District Panchayats and the territorial wards and its extent, shall be determined based on the 2011 population census figures. Following the enhancement of reservation for women in rural local bodies from one-third to fifty per cent of the total seats and offices, the District Collectors who are the Inspectors of Panchayats have taken up the work of revising the reservation of seats and offices for women in the village panchayats, Panchayat unions and district panchayats based on 2011 population census figure for conduct of ordinary elections to rural local bodies in the year 2016. Similarly, as per the provisions of the Tamil Nadu Panchayats (Reservation of seats and rotation of reserved seats) Rules, 1995 rotation in reservation of seats and offices for village panchayats, panchayat unions and district panchayats have to be followed in the ordinary elections to rural local bodies in the year 2016. Due to such huge exercises at the grassroots level, a fresh delimitation and rotation in reservation of seats and offices of all the village panchayats, panchayat unions and district panchayats, based on 2011 population census figures cannot be completed before the next ordinary elections to the rural local bodies, which is scheduled to be conducted before 24th October 2016. The Government have, therefore, decided to conduct the said ordinary election to the rural local bodies, based on the existing territorial area of wards of the panchayats, number of wards, the number of members to be returned from such wards and to amend the Tamil Nadu Panchayats Act, 1994, (Tamil Nadu Act 21 of 1994) suitably, for the said purpose.2. The Bill seeks to give effect to the above decision.Received the assent of the Governor on the 22nd April 1994 and published in Tamil Nadu Government Gazette (Extraordinary), Part IV, section 2, Issue No. 214, dated the 22nd April 1994.An Act to repeal and re-enact the Tamil Nadu Panchayats Act, 1958.Whereas it is expedient to repeal and re-enact the Tamil Nadu Panchayats Act, 1958, for establishing a three-tier Panchayat Raj system in the State to the elected bodies at the village, intermediate and district level in keeping with the Constitution (Seventy-third Amendment) Act, 1992, relating to Panchayats for greater participation of the people so as to make them Institutions of self-government and for more effective implementation of rural development programmes;Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-fifth year of the Republic of India as follows: -
