KEGISTERED (NO . DID
राजस्दा १० 3101311-74
भारत का राजपत्र The Gazette of India
असाधारण
EXTRAORDINARY
भाग II--खण्ड 1
PART II-Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 4 No.4]
नई दिल्ची, शनिवार, जनवरी 29, 1977 / माघ 9, 1898 NEW DELHI , SATURDAY, JANUARY 29 , 1977 /MAGHA 9 , 1898
इस भाग में भिन्न पृष्ठ संख्या वो जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
Separate paging is given to this Part in order thatit may be filed as a separate compilation
MINISTRY OF LAW , JUSTICE AND COMPANY AFFAIRS
(Legislative Department)
New Delhi , the 29th January , 1977 / Magha 9 , 1898 ( Saka )
The following President's Act is published for general information : -
THE TAMIL NADU PANCHAYAT UNION COUNCILS (APPOINTMENT OF SPECIAL OFFICERS ) ACT , 1977
NO . 5 OF 1977
Enacted by the President in the Twenty - eighth Year of the Republic of India.
An Act to Provide for appointment of Special Officers to Panchayat Union Councils in the State of Tamil Nadu .
41 of 1976 .
In exercise of the powers conferred by section 3 of the Tamil Nadu State Legislature (Delegation of Powers ) Act , 1976 , the President is pleased to enact as follows : -
1. (1) This Act may be called the Tamil Nadu Panchayat Union Councils (Appointment of Special Officers ) Act, 1977 .
(2) It shall come into force at once .
Short title and com- mence- ment.
2. In this Act, unless the context otherwise requires ,---
(a) " Panchayats Act " means the Tamil Nadu Panchayats Act, Defini- tions .
1958;
Tamil Nadu Act XXXV of 1958.
(b) words and expressions used and not defined in this Act but defined in the Panchayats Act shall have the meanings respectively assigned to them in that Act .
(33) [PART II- THE GAZETTE OF INDIA EXTRAORDINARY
34
Term of office of mem.
Presi dent's Act 33 of 1976 3. Notwithstanding anything contained in the Tamil Nadu Panchayat Union Councils ( Extension of Term of Office) Act, 1976, the term of office of the members of all the Panchayat Union Councils in the State of Tamil Nadu holding office as such on the date of commencement of this Act , shall expire on the 31st day of January , 1977 and accordingly, all such members of all Panchayat Union Councils including their Chair- men and Vice - Chairmen , and members of the Committees of such Pan- chayat Union Councils established or constituted by or under the Pan- chayats Act , shall vacate their office on the 31st day of January , 1977 .
bers of the Pan- chayat Union Councils to expire on 31st day of January, 1977.
4 (1) ( a) Notwithstanding anything contained in the Panchayats Act , the State Government shall appoint Special Officers to exercise the powers and perform the functions of-
(2) the Panchayat Union Councils established or constituted by or under the Panchayats Act and referred to in section 3 ; and
(1) the Chairmen of the Panchayat Union Councils and of the Committees established or constituted by or under the Panchayats Act and referred to in section 3 .
Appoint- mentof Special Officers to exer- cise the powers and per.. formthe func- tions of Pancha- yatUnion Councils .
(b ) A Special Officer may be appointed under clause ( a) for one or more Panchayat Union Councils as the State Government may , by order , specify.
( 2) Each Special Officer referred to in sub - section ( 1 ) may also exer- cise all or any of the powers and perform all or any of the functions of any other officer or authority under the Panchayats Act , which the State Government may, by notification , specify .
(3) ( a) Each Special Officer shall hold office for a period of six months or and from the 1st day of February , 1977 or for such further period not exceeding six months as the State Government may, by noti- fication , specify .
Provided that if any vacancy arises in the post of a Special Officer , the vacancy shall be filled up by the State Government and the person appointed in the vacancy shall hold office for the remainder of the said period
(b) A Special Officer shall receive payment for his services from the Panchayat Union ( General ) Fund, constituted under section 134 of the Panchayats Act.
(c) The State Government may determine the relations of a Special Officer with themselves
FAKHRUDDIN ALI AHMED ,
President .
K. K. SUNDARAM , Secy, to the Govt . of India .
THE GAZETTE OF INDIA EXTRAORDINARY
SEC 1 ]
35
Reasons for the enactment
Under section 2 of the Tamil Nadu Panchayat Union Councils ( Exten sion of Term of Office ) Act , 1976 ( President's Act 33 of 1976 ) , the term of office of the members and Chairmen of all the Panchayat Union Coun- cols has been extended up to the noon of the 1st day of February , 1977
2 Since then the Government has had to dissolve many Panchayat Umon Councils on grounds of failure to convene meetings , adjournment of resolutions without assigning any valıd reasons , making irregular appointments without prior approval of the Appointment Committee. and failure to pass the budget of the Council
3 In order that quick steps may be taken for setting matters right in the Panchayat Union Administration set up , it has been considered ex- pedient by the Government of Tamil Nadu to provide , in the public in- terest , for the appointment of Special Officers to exercise the powers and perform the functions of the Panchayat Union Councils for a limited period for improving the efficiency of the administration of the Pan- chayat Umon Councils
4 This measure seeks to achieve the above objects
5 The President issued a Proclamation on the 31st January , 1976 under article 356 of the Constitution in relation to the State of Tamil Nadu declaring unter alia that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament Parliament has under article 357 ( 1) ( a) of the Constitution, conferred on the President the powers of the Legislature of the State of Tamil Nadu to make laws vide the Tamil Nadu State Legislature ( Delegation of Powers ) Act , 1976 (41 of 1976) .
6. It is not practicable to consult the Consultative Committee of Par- hament on Tamil Nadu Legislation since two - thirds of the members of the Committee nominated from the House of the People have demitted office consequent on the dissolution of the House
R. N. AZAD ,
Jont Secy, to the Govt. of India, Ministry of Agriculture and Irrigation (Department of Rural Development )
PRINTED BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS , DFI HI , 1977