TAMIL NADU LEGISLATIVE ASSEMBLY SECRETARIAT--Bills (English)

© [Regd. No. TN/CCN/467/2012-14. GOVERNMENT OF TAMIL NADU [R. Dis. No. 197/2009. 2025 [Price: Rs. 4.00 Paise. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY No. 170] CHENNAI, WEDNESDAY, APRIL 16, 2025 Chithirai 3, Visuvaavasu, Thiruvalluvar Aandu-2056 Part IV—Section 1 Tamil Nadu Bills CONTENTS PPaaggeess.. BBIILLLLSS:: No. 9 of 2025—The Tamil Nadu Urban Local Bodies (Amendment) Act, 2025. .. 48-52 No. 10 of 2025—The Tamil Nadu Panchayats (Second Amendment) Act, 2025. .. 53-55 IV-1 Ex. (170) [ 47]48 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY BILLS INTRODUCED IN THE LEGISLATIVE ASSEMBLY OF THE STATE OF TAMIL NADU Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill which was introduced in the Legislative Assembly of the Tamil Nadu on 16th April 2025 is published together with Statement of Objects and Resasons for general information:- L.A. Bill No. 9 of 2025 A Bill further to amend the Tamil Nadu Urban Local Bodies Act, 1998. Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Seventy-sixth Year of the Republic of India as follows:— Short title and 1. (1) This Act may be called the Tamil Nadu Urban Local commencement. Bodies (Amendment) Act, 2025. (2) It shall come into force on such date as the State Government may, by notification, appoint. Amendment of 2. In section 2 of the Tamil Nadu Urban Local Bodies Act, 1998 Tamil Nadu Act 9 section 2. (hereinafter referred to as the principal Act), after clause (27), the of 1999. following clause shall be inserted, namely:— “(27-A) “person with disability” shall have the same meaning as in the Rights of Persons with Disabilities Act, 2016;”. Amendment of 3. In section 37 of the principal Act,— Central Act 49 section 37. of 2016. (1) in sub-section (1),— (a) after clause (i), the following clause shall be inserted, namely:— “(i-a) one person with disability to be nominated as a member, by the Government in respect of municipal corporation and by the Director in respect of municipal council and town panchayat, in such manner as may be prescribed: Provided that two persons with disability shall be nominated as members where the strength of the council exceeds one hundred.”; (b) in the first proviso, for the expression “clauses (ii)”, the expression “clauses (i-a), (ii)” shall be substituted; (2) after sub-section (1-A), the following sub-section shall be inserted, namely:— “(1-B) The qualifications for nomination as a member under clause (i-a) of sub-section (1) shall be such as may be prescribed.”; (3) after sub-section (2), the following sub-section shall be inserted, namely:— “(2-A) The term of office of the member nominated under clause (i-a) of sub-section (1) shall be co-terminus with the duration of the council.”. Amendment of 4. Section 43-A of the principal Act shall be re-numbered section 43-A. as section 43-B and in section 43-B as so re-numbered, in sub-section (1), for the expression “clauses (ii)”, the expression “clauses (i-a), (ii)” shall be substituted. Insertion of new 5. Before section 43-B of the principal Act as so re-numbered, section 43-A. the following section shall be inserted, namely:—TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 49 “43-A. Powers and duties of nominated member.— Amendment of A member nominated under clause (i-a) of sub-section (1) of section section 48. 37 shall have such powers and duties as may be prescribed.”. 6. In section 48 of the principal Act,— (1) in the marginal heading, for the expression “Deputy Chairperson and councillor”, the expression “Deputy Chairperson, councillor and nominated member” shall be substituted; (2) in sub-section (1), for the expression “Deputy Chairperson and the councillors”, the expression “Deputy Chairperson, councillors and the member nominated under clause (i-a) of sub-section (1) of section 37” shall be substituted; (3) in sub-section (3), for the expression “Deputy Chairperson or councillors”, the expression “Deputy Chairperson, councillors or the member nominated under clause (i-a) of sub-section (1) of section 37” shall be substituted. 7. In section 50 of the principal Act, in sub-section (5), for the Amendment of expression “clauses (ii)”, the expression “clauses (i-a), (ii)” shall be section 50. substituted. 8. In section 198 of the principal Act, in sub-section (2),— Amendment of section 198. (1) in clause (xviii), the word “and” at the end shall be omitted; (2) for clause (xix), the following clauses shall be substituted, namely:— “(xix) as to the manner of nomination under clause (i-a) of sub-section (1) of section 37; (xx) as to the qualifications for nomination as a member under sub-section (1-B) of section 37; (xxi) as to the powers and duties of the nominated member under section 43-A; and (xxii) any other matter which is required to be or may be prescribed under this Act.”.50 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY STATEMENT OF OBJECTS AND REASONS. The Hon’ble Chief Minister of Tamil Nadu has announced that action will be taken to nominate persons with disabilities in all local bodies in the State to ensure that their voices are heard in local governance and that they are empowered to take leadership roles in local administration. The above announcement paved the way for achieving social justice by way of distribution of opportunities and privileges equally to all citizens including the persons with disabilities. Accordingly, the Government have decided to nominate persons with disability in all the town panchayats, municipal councils and municipal corporations by amending the Tamil Nadu Urban Local Bodies Act, 1998 (Tamil Nadu Act 9 of 1999) suitably. 2. The Bill seeks to give effect to the above decision. K.N.NEHRU, Minister for Municipal Administration.TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 51 MEMORANDUM REGARDING DELEGATED LEGISLATION. Clauses 1(2), 3(1)(a), 3(2), 5 and 8(2) of the Bill authorise the Government to issue notification or to make rules, as the case may be, for the purposes specified therein. 2. The powers delegated are normal and not of an exceptional character. K.N.NEHRU, Minister for Municipal Administration. Secretariat, K. SRINIVASAN, Chennai, Principal Secretary. 16th April 2025.52 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARYTAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 53 Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill which was introduced in the Legislative Assembly of the Tamil Nadu on 16th April 2025 is published together with Statement of Objects and Resasons for general information:- L.A. Bill No. 10 of 2025 A Bill further to Amend the Tamil Nadu Panchayats Act, 1994. Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Seventy-sixth Year of the Republic of India as follows:— 1. (1) This Act may be called the Tamil Nadu Panchayats Short title and (Second Amendment) Act, 2025. commencement. (2) It shall come into force on such date as the State Government may, by notification, appoint. Tamil Nadu Act 21 2. In section 2 of the Tamil Nadu Panchayats Act, 1994 Amendment of of 1994. (hereinafter referred to as the principal Act), after clause (25), the section 2. following clause shall be inserted, namely:— “(25-A) ‘person with disability’ shall have the same meaning Central Act 49 of as in the Rights of Persons with Disabilities Act, 2016;”. 2016. 3. In Chapter III of the principal Act, after section 32, the following Insertion of new sub-heading and section shall be inserted, namely:— sub-heading and section 32-A. “NOMINATION OF PERSON WITH DISABILITY. 32-A. Nomination of person with disability in panchayat.— (1) In every village panchayat, panchayat union council and district panchayat, a person with disability shall be nominated as a member by the Government or any authority authorised by them, in such manner as may be prescribed. (2) The nomination under sub-section (1) shall be in addition to the members of the respective panchayats as specified in sections 6, 17 and 25. 3. In Chapter III of the principal Act, after section 32, the following Insertion of new sub-heading and section shall be inserted, namely:— sub-heading and section 32-A. “NOMINATION OF PERSON WITH DISABILITY. 32-A. Nomination of person with disability in panchayat.— (1) In every village panchayat, panchayat union council and district panchayat, a person with disability shall be nominated as a member by the Government or any authority authorised by them, in such manner as may be prescribed. (2) The nomination under sub-section (1) shall be in addition to the members of the respective panchayats as specified in sections 6, 17 and 25. (3) The qualifications for nomination as a member shall be such as may be prescribed. (4) The term of office of the member so nominated shall be co-terminus with the duration of the panchayat. (5) The rights and duties of the member so nominated shall be such as may be prescribed, but he shall not have the right to vote.”. 4. In section 242 of the principal Act, in Amendment of sub-section (2), after clause (xlvii), the following clauses shall be section 242. added, namely:— “(xlviii) as to the manner of nomination of person with disability as a member; (xlix) as to the qualifications for nomination as a member under section 32-A; (l) as to the rights and duties of a member nominated under section 32-A.”.54 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY STATEMENT OF OBJECTS AND REASONS The Hon’ble Chief Minister of Tamil Nadu has announced that action will be taken to nominate persons with disabilities in all local bodies in the State to ensure that their voices are heard in local governance and that they are empowered to take leadership roles in local administration. The above announcement paved the way for achieving social justice by way of distribution of opportunities and privileges equally to all citizens including the persons with disabilities. Accordingly, the Government have decided to nominate one person with disability in all the village panchayats, panchayat union councils and district 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. I. PERIYASAMY, Minister for Rural Development.TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 55 MEMORANDUM REGARDING DELEGATED LEGISLATION Clauses 1(2), 3 and 4 of the Bill authorise the Government to issue notification or to make rules, as the case may be, for the purposes specified therein. 2. The powers delegated are normal and not of an exceptional character. I. PERIYASAMY, Minister for Rural Development. Secretariat, K. SRINIVASAN, Chennai, Principal Secretary. 16th April 2025. PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU