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MADRAS DISTRICT BOARDS ACT 1920

MADRAS DISTRICT BOARDS ACT, 1920

Act No. 14 of 1920

4th January, 1921

An Act to consolidate and amend the law relating to 2[District Boards]. Whereas it is expedient to consolidate and amend the law relating to 2[district boards] in the Presidency of Madras and whereas the previous sanction of the Governor-General has been obtained under section 79 of the Government of India Act; 1915, to the passing of this Act : It is hereby enacted as follows :-- 1. For Statement of Objects and Reasons, see Fort St. George Gazette, dated 22nd June 1920, pages 977-978; for Report of Select Committee, see Fort St. George Gazette Extraordinary, dated 4th September 1920, pages 23-38; for Proceedings in Council, see Fort St. George Gazette, dated 2nd November 1920, Part IV, pages 1367-1389, and ibid, dated 18th January 1921, pages 211-344- 2. These words were substituted for the words " local boards " by paragraph I of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950).

S.1 Title

This Act may be called "The Madras 1(District Boards) Act, 1920."

1. These words were substituted for the words " local boards " by paragraph I of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950).

S.2 Repeal of enactments

The enactments mentioned in Schedule I are repealed to the extent specified in the fourth column thereof.

S.3 Definitions

In this Act unless there is anything repugnant in the subject or context--

1[* * * * * ]

'Anglo-Indian' 1[(1) ' Anglo-Indian ' shall have the same meaning as in clause (2) of Article 366 of the Constitution;]

'Appoint' 2[(1-B)] ' appoint ' includes to appoint temporarily or in an officiating capacity ;

'Appointment' (2) ' appointment' includes temporary and officiating appointments;

'Building' (3) ' building ' includes a house, out-house, stable, latrine, shed, hut, wall (other than a boundary wall not exceeding eight feet in height) and any other such structure, whether of masonry, bricks, wood, mud, metal or any other material whatsoever;

3[* * * * ] 3[* * * * ]

'Casual vacancy' 'Casual election' 4[(5-A) ' casual vacancy ' means a vacancy occurring otherwise than by efflux of time and ' casual election ' means an election held on the occurrence of a casual vacancy ;]

'Company' 5[(6) ' company ' means a company as defined in the Indian Companies Act, 1913 (Central Act VII of 1913) * or formed in pursuance of an Act of Parliament 6[of the United Kingdom] or of Royal Charter or Letters Patent, or of an Act of the Legislature of a British Possession and includes any firm or association carrying on business in the Presidency of Madras, whether incorporated or not, and whether its principal place of business is situated in the said Presidency or not;]

'district' 7[(7) ' district ' moans the revenue district referred to in sub-section (1) of section 3-A or the local area constituted into a district under sub-section (2) of that section, as altered by the notifications, if any, issued under sub-section (3) of the same section;]

'District board,' 8[(7-A) 'district board' means the body constituted for the local administration of a district under sub-section (1) of section 6;]

'European' 8[(7-B) 'European' means any person of European descent who either was born in or has a domicile in the United Kingdom or in any British possession or in any 9[part of India] or whose father was so born or has or had up to the date of the birth of the person in question such a domicile;]

'Executive Authority' 8[ 10(7-C) 'executive authority ' means the president;]

11[(7-D) * * * * ]

12[(8) * * * * ]

'Indian Christian' 13[(8-A) 'Indian Christian' means a native of India who is, or in good faith claims to be, of unmixed Asiatic descent and who professes any form of the Christian religion;]

'Landholder' (9) 'landholder' includes all persons holding under a sanad-i-milkiat-istimrar, all other zamindars, poligars, shrotri-yamdars, jagirdars and inamdars, all persons registered as proprietors under section 5 of the Madras Limited Proprietors Act, 1911 (Madras Act IV of 1911), and all persons farming the land revenue under Government; 14[] and all holders of land under ryotwari Settlement, or in any way subject to the payment of land revenue direct to Government, and all registered holders of laud in proprietary right;

'Latrine' (10) 'latrine' includes privy, water-closet and urinal;

15[(10-A) * * * * * ];

'Local Authority' 16[(10-B) 'local authority' includes a cantonment authority;]

'Non-panchayat Area' 17[(11) 'non-panchayat area' means any area which is not comprised within the jurisdiction of a panchayat constituted under the Madras Village Panchayats Act, 1950 (Madras Act X of 1950);]

17[(12) * * * * *]

'Nuisance' (13) 'nuisance' includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or which is or may be dangerous to life or injurious to health or property;

'Ordinary Vacancy' 18[(13-A) 'ordinary vacancy' means a vacancy occurring by efflux of time and 'ordinary election' means an election held on the occurrence of an ordinary vacancy;

'Owner' (14) 'owner' includes (a) the person for the time being receiving or entitled to receive, whether on his own account or as agent, trustee, guardian, manager or receiver for another person, or for any religious or charitable purpose, the rent or profits of the property in connexion with which the word is used, and (b) the person for the time being in charge of the animal or vehicle in connexion with which the word is used;

'Palanquin' (15) 'palanquin' includes tonjons, manchils and chairs carried by men by means of posts, but not slings or cots used for the conveyance of children or aged or sick people;

'Panchayat' 19[(15-A) 'panchayat' means a panchayat constituted under the Madras Village Panchayats Act, 1950 (Madras Act X of 1950); ]

'Panchayat' 19[(15-B) 'panchayat area' means the area comprised within the jurisdiction of a panchayat constituted under the Madras Village Panchayats Act, 1950 (Madras Act X of 1950);]

'Prescribed' (16) 'prescribed' means prescribed by the 20[State Government] by rules made under this Act;

'Private road' (17) 'private road' means any street, road, square, court, alley, passage or riding-path which is not a 'public road ', but does not include a pathway made by the owner of premises on his own land to secure access to, or the convenient use of such premises;

'Public road' (18) 'public road' means any street, road, square, court, alley, passage or riding-path, 21[over which the public have a right of way] whether a thoroughfare or not, and includes--

  • (a) the roadway ever any public bridge or causeway;
  • (b) the footway attached to any such road, public bridge or causeway; and
  • (c) the drains attached to any such, road, public bridge or causeway, and the land, whether coveted or not by any pavement, veranda or other structure, which lies on either side of the roadway up to the boundaries of the adjacent property, whether that property is private property or property belonging to Government;

'Residence Reside' (19) a person is deemed to have his 'residence' or to 'reside' in any house if he sometimes uses any portion thereof as a sleeping apartment, and a person is not doomed to cease to reside in any such house merely because he is absent from it or has elsewhere another dwelling in which ho resides, if he is at liberty to 22[return to such house] at any time and has not abandoned his intention of returning;

'Revenue district' 23[(19-A) 'revenue district' means any local area which for the purposes of revenue administration is, under the charge of a district collector, after excluding therefrom all areas included in--

  • (a) the City of Madras including Fort St. George with the glacis;
  • (b) municipalities constituted under the Madras District Municipalities Act, 1920 (Madras Act V of 1920);
  • (c) cantonments constituted under the Cantonments Act, 1924 (Central Act II of 1924); 24[ ]

25[(19-B) * * * * *]

25[(19-C) * * * * *]

'Salary ' (20) ' salary ' means pay and acting pay or payment by way of commission and includes exchange compensation allowance, but not allowances for house-rent, carriage-hire or traveling expenses;

'Scheduled Castes' 26[(20-A) 'Scheduled Castes' shall have the same meaning as in clause (24) of article 366 of the Constitution, but until the first electoral rolls for the territorial constituencies of the Madras Legislative Assembly provided under the law made in pursuance of the Constitution have been finally published, shall have the same meaning as in the Government of India (Scheduled Castes) Order, 1936;]

'Sub-landholder' 27[(21) 'sub-landholder' means a person not being a landholder who--

  • (a) (i) holds any portion of any estate consisting of one or more revenue villages on an under-tenure created, continued or recognized by the proprietor of such estate, or (ii) is entitled to collect the rents of any such village or villages otherwise than as agent or servant of the landholder, and
  • (b) is registered as a sub-landholder in the office of the Collector under the rules prescribed;

Explanation.--In this clause the word 'estate' means any estate falling under clause (a), (b) or (c) of the definition of 'estate' in the Madras Proprietary Estates 'Village Service Act, 1894 (Madras Act II of 1894), and the word 'proprietor' means a proprietor as defined in that Act.]

28[(21-A) * * * * *]

28[(21-B) * * * * * ]

'Tenant' (22) 'tenant' includes all persons who, whether personally or by an agent, occupy land under a landholder or an intermediate landholder, and whether or not they pay rent to such landholder or intermediate landholder as the ease may be;

29[(23) * * * * *]

'year' (24) 'year' means the financial year.

1. Original clause (1) was re-numbered as clause (1-B) and clauses (1) and (1-A) defining the expressions " Adi-Dravida" and "Anglo-Indian" respectively were inserted by section 3 (i) of the Madras Local Boards (Amendment) Act, 1930 (Madras Act XI of 1930); clause (1) was omitted and clause (1-A) was re-numbered as clause (1) by section 4 (1) (i) of the Madras City Municipal, District Municipalities and Local Boards (Amendment) Act, 1938 (Madras Act, II of 1938) and for the clause as so re-numbered, the present clause was substituted by the Adaptation (Amendment) Order of 1950.

2. Original clause (1) was renumbered as clause (1-B) by section 3 (i) of the Madras Local Boards (Amendment) Act, 1930 (Madras Act XI of 1930).

3. Clauses (4) and (5) were omitted by Schedule I to the Madras Motor Vehicles Taxation Act, 1931 (Madras Act III of 1931).

4. This clause was inserted by section 3 (ii) of the Madras Local Boards (Amendment) Act, 1930 (Madras Act XI of 1930).

5. This clause was substituted for original clause (6) by section 3 (iii), ibid.

6. These words were inserted by the Adaptation (Amendment) Order of 1950.

7. This clause was substituted by section 2 (i) of the Madras Local Boards (Amendment) Act, 1932 (Madras Act IV of 1932), for clause (7) as substituted for the original clause by section 3 (iv) of the Madras Local Boards (Amendment) Act, 1930 (Madras Act XI of 1930).

8. Clauses (7), (7-A), (7-B) and (7-C) were substituted for original section 2(i) of the Madras Local Boards (Amendment) Act, 1932 (Madras Act IV of 1932) for clause (7) as substituted for the original clause 4 section 3 (iv) of Madras Act XI of 1930.

9. These words were substituted for the words "State of India" by section 4 of, and the Third Schedule to, the Madras Repealing and Amending Act, 1957 (Madras Act XXV of 1957).

10. Clause (7-C) was re-numbered as clause (7-D) and new clause (7-C) was inserted by section 2(1) of the Madras Local Boards (Second Amendment) Act, 1943 (Madras Act XIX of 1943), re-enacted permanently by section 2 of the Madras Re-enacting (No. III) Act, 1948 (Madras Act IX of 1948), and for the clause as so inserted, the present clause was substituted by paragraph 2 (i) of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950).

11. This clause was omitted by paragraph 2 (ii), ibid.

12. This clause was omitted by ibid.

13. This clause was inserted by section 3 (v) of the Madras Local Boards (Amendment) Act, 1930 (Madras Act XI of 1930).

14. The words "all holders of land in the district of Malabar under whatever tenure;" were omitted by clause 4 of, and the Schedule to, the Madras Adaptation of Laws Order, 1957.

15. This clause was omitted by the Adaptation Order of 1937,

16. This clause was inserted by section 3 (vii) of the Madras Local Boards (Amendment) Act, 1930 (Madras Act XI of 1930).

17. Clause (II) was substituted by paragraph 2 (ii) of Schedule IV of the Madras Village Panchayats Act, 1950, (Madras Act X of 1950) for clauses (II) and (12) as substituted for the original clauses (II) and (12) by sections 3 (viii) and 3 (ix), ibid.

18. This clause was inserted by section 3 (x), ibid.

19. Clauses (15-A) and (15-B) were substituted by paragraph 2 (iii) of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950) for clause (15-A) and (15-B) as inserted by section 3 (ix), ibid

20. The words "Provincial Government" were substituted for the words "Local Government" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adaptation Order of 1950.

21. These words which occurred after the words " whether a thoroughfare or not" in the original were placed before those words by section 3 (xii) of the Madras Local Boards (Amendment) Act, 1930 (Madras Act XI of 1930).

22. These words were substituted for the words " return thereto " by section 3 (xiii) of ibid.

23. This clause was inserted by section 2 (ii) (a) of the Madras Local Boards (Amendment) Act, 1932 (Madras Act IV of 1932).

24. Sub-clause (d) and the word " and " at the end of sub-clause (c) were omitted by clause 4 of, and the Schedule to., the Madras Adaptation of Laws Order, 1957.

25. Clauses (19-B) and (19-C) were omitted by paragraph 2 (iv) of the Madras Village Panchayats Act, 1950 (Madras Act X of 1950).

26. This clause was substituted by the Adaptation (Amendment) Order of 1950 for clause (20-A) which was inserted by section 4(1) (ii) of the Madras City Municipal, District Municipalities and Local Boards (Amendment) Act, 1938 (Madras Act II of 1938).

27. This clause was substituted for the original clause (21) by section 3 (xv) of the Madras Local Boards (Amendment) Act, 1930 (Madras Act XI of 1930).

28. Clauses (21-A) and (21-B) were omitted by section 2 (iii) of the Madras Local Boards and Elementary Education (Amendment) Act, 1934 (Madras Act II of 1934).

29. This clause was omitted by paragraph 2 (iv) of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950).

S.3-A Districts

1[(1) Save as otherwise provided in this section, every local area, which on the first day of February 1932 was a revenue district shall be deemed to be a district for the purposes of this Act.

(2) The 2(State Government) may, in special circumstances, by notification, declare any local urea whether in the same revenue district or not, to be a district for the purposes of this Act and specify the name of the district.

(3) The 2(State Government) may, by notification,--

  • (i) exclude from any district any local area comprised therein; or
  • (ii) include in any district any local area in the vicinity thereof; or
  • (iii) cancel a notification issued under sub-section (2); or
  • (iv) alter the name of any district.

(4) Before issuing a notification under sub-section (2) or sub-section (3), the 2(State Government) shall give the district board or boards which will be affected by the issue of such notification a reasonable opportunity for showing cause against the proposal and shall consider the explanations and objections, if any, of such district board or boards.

(5) Every notification, issued under sub-section (2) or clause (i) or clause (ii) of sub-section (3) shall contain a statement of the reasons therefor and shall be laid 3(before both) Houses of the State Legislature).

(6) If any district comprises only part of a revenue district or two or more revenue districts or parts of two or more revenue districts, the 2(State Government) may, by notification, declare which officer shall be considered to be the district collector in respect of that district for the purposes of this Act.]

4[4 * * * * * * ].

5[5 * * * * * * ]

1. This section was inserted by section 3 (ii) of the Madras Local Boards (Amendment) Act, 1932 (Madras Act IV of 1932).

2. The words "Provincial Government" were substituted for the words "Local Government" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adaptation Order of 1950.

3. The words "before both Chambers of the Provincial Legislature" were substituted for the words " on the table of the Legislative Council" by the Adaptation Order of 1937 and the word " Houses " was substituted for " Chambers " by the Adaptation (Amendment) Order of 1950 and the word "State" was substituted for "Provincial" by the Adaptation Order of 1950.

4. Section 4 was omitted by section 4 of the Madras Local Boards and Elementary Education (Amendment) Act, 1934 (Madras Act II of 1934).

5. This section was omitted by paragraph 4 of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950).

S.6 Establishment of district boards and their incorporation

(1) There shall be constituted for each district, a district board 1[....] 2[......]

3[(2) Subject to the provisions of this Act, the local administration of a district shall vest in the district board constituted therefor, but the board shall not be entitled to exercise functions expressly assigned by or under this Act or any other law to its president or to other authorities.]

(3) Every 4(district board) shall 5[be a body corporate] 6[by the name of the revenue district 7( . . . ) or the name of the district, 8( . . . ) 9( ), specified in the notification under section 3-A, 10( . . . ) 11( . . .. . . .. . . . )] shall have perpetual succession and a common seal, and, subject to any restriction or qualification imposed by 12[or under] this or any other enactment, shall be vested with the capacity of suing or being sued in its corporate name, of acquiring, holding and transferring property, movable or immovable, of entering into contracts and of doing all things necessary, proper or expedient for the purposes for which it is constituted.

1. The words "for each taluk, a taluk board " were omitted by section 5(1) of the Madras Local Boards and Elementary Education (Amendment) Act, 1934 (Madras Act II of 1934).

2. The words "and for each village, a panchayat" Were omitted by paragraph 5(i) of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950).

3. This sub-section was substituted by paragraph 5 (ii) ibid, for subsection (2) as amended by section 3 of the Madras Local Boards (Second Amendment) Act, 1943 (Madras Act XIX of 1943), re-enacted permanently by section 2 of the Madras Re-enacting (No. III) Act, 1948 (Madras Act IX of 1948).

4. These words were substituted for the words " local board " by paragraph I of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950).

5. These words were substituted for the words " by the name of the local area for which it shall have been established be a body corporate " by section 5 (iii)(a) of the Madras Local Boards (Amendment) Act, 1930 (Madras Act XI of 1930).

6. This expression was substituted for the words and figures " by the name of the district or revenue taluk or the name of the taluk or village which is specified in the notification under section 4 or 5 " by section 4 of the Madras Local Boards (Amendment) Act, 1932 (Madras Act IV of 1932).

7. The words " or revenue taluk " were omitted by section 5 (iv) of the Madras Local Boards and Elementary Education (Amendment) Act, 1934 (Madras Act II of 1934)

8. The word " taluk " was omitted by ibid,

9. The words "or village " were omitted by paragraph 5 (iii) of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950).

10. The figure "4" was omitted by section 5 (iv) of the Madras Local Boards and Elementary Education (Amendment) Act, 1934 (Madras Act II of 1934).

11. The words and figure " or 5, as the case may be " were omitted by paragraph 5 (iii) of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950).

12. These words were inserted by section 5 (iii) (ft) of the Madras Local Boards (Amendment) Act, 1930 (Madras Act XI of 1930).

S.7 Strength of district boards

1[2[The total number] of members of a district board shall not exceed 52 or be less than 24.]

1. This section was substituted by paragraph 6 of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950), for section 7 as amended by the Madras Local Boards and Elementary Education (Amendment) Act, 1934 (Madras Act II of 1934), the Madras Local Boards (Amendment) Act, 1930 (Madras Act XI of 1930), and the Madras District Municipalities and Local Boards (Amendment) Act, 1947 (Madras Act II of 1947),

2. These words were substituted for the words, figures, brackets and letters, "Subject to the provisions of sub-section (3-A) of section 9, the total number" by section 2 of the Madras District Boards (Amendment) Act, 1951 (Madras Act XXI of 1951).

S.8 All members of district boards to be elected

1[All the members of every 2(district board) shall be elected in the manner laid down in this Act.]

1. Sections 8 and 9 were substituted for original sections 8 and 9 by section 7 of the Madras Local Boards (Amendment) Act, 1930 (Madras Act XI of 1930).

2. These Words Were substituted for the Words "local board" by paragraph 1 of Schedule IV 10 the Madras Village Panchayats Act, 1950 (Madras Act X of 1950),

S.9 Reservation of seats on district boards for certain communities and for women

1[(1) In any district board, the 2(State Government) may, 3(.....) by notification., from time to time, reserve seats for

  • 4[(a)] 5(Members of the scheduled castes),
  • 4[(b)] Anglo-Indians, or
  • 4[(c)] Women

and determine the number of such seats.)

6[(2) * * * *]

7[(3)] The total number of seats reserved in any 8[district board] under subjection (1) 9[ ] shall not exceed one-fourth of the strength, fixed for the 8[district board] under section 10.

10[(3-A).....]

7[(4) No seat shall be reserved in any district board for any of the communities mentioned in 11[clauses (a) and (b) ] of sub-section (1), 12[* * * ] if at the last census such community constituted more than one-half of the total population of the district 13[* * * * ]

7[(5)] In reserving seats in any 8(district board) for any community, the 14[State Government] shall have duo regard to its number and importance.

7[(6)] Nothing contained in 15[this section] shall be deemed to prevent members of any community or women for whom seats have been reserved in any 8(district board), from standing for election to the non-reserved seats in the 8(district board).

1. Sections 8 and 9 were substituted for original sections 8 and 9 by section 7 of the Madras Local Boards (Amendment) Act, 1930 (Madras Act XI of 1930).

2. The words "Provincial Government" were substituted for the words "Local Government " by the Adaptation Order of 1937 and the word " State " was substituted for " Provincial " by the Adaptation Order of 1950.

3. The words " in their discretion '' were omitted by the Adaptation Order of 1937

4. Clauses (a), (b) and (d) were omitted and clauses (c), (e) and (f) were retextured as clauses (a), (b) and (c) by section 3 (i) of the Madras District Boards (Amendment) Act, 1951 (Madras Act XXI of 1951).

5. These words were substituted for the words, " Adi-Dravidas " by section 4(2) of the Madras City Municipal, District Municipalities and Local] Boards (Amendment) Act, 1938 (Madras Act II of 1938).

6. This sub-section was omitted by paragraph 7 (i) of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950).

7. Sub-section (2) was omitted and sub-sections (3) to (7) were re-numbered as sub-sections (2) to (6) respectively by section 7 (i) of the Madras Local Boards and Elementary Education (Amendment) Act, 1934 (Madras Act II of 1934).

8. These words were substituted for the words " local board " or "local boards", as the case may be, by paragraph 1 of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950).

9. The word, brackets and figure " or (2) " were omitted by paragraph 7 (ii), ibid.

10. This sub-section which was inserted by Madras Act II of 1947 was omitted by the Madras District Boards (Amendment) Act, 1951 (Madras Act XXI of 1951).

11. These words, brackets and letters were substituted for the words, brackets and letters "clauses (a) to (e)" by section 3 (iii) of the Madras District Boards (Amendment) Act, 1951 (Madras Act XXI of 1951).

12. The words, figures and letters " or in any taluk board for any of the communities mentioned in clauses (a) to (c) of sub-section (2)" were omitted by section 7 (iii) of the Madras Local Boards and Elementary Education (Amendment) Act, 1934 (Madras Act II of 1934).

13. The words " or taluk as the case may be " were omitted by ibid.

14. The words " Provincial Government" Were substituted for the words "Local Government " by the Adaptation Order of 1937 and the word " State " was substituted for " Provincial " by the Adaptation Order of 1950.

15. These words were substituted by section 3 (iii) of the Madras District Municipalities and Local Boards (Amendment) Act, 1947 (Madras Act II of 1947), for the words, brackets and figures "sub-sections (1) and (2)" as substituted for the words and figures "sub-sections (1) to (3)" by section 7(iv) of the Madras Local Boards and Elementary Education (Amendment) Act, 1934, (Madras Act II of 1934).

S.10 Determination of number of members of district boards

1[(1) The 2(State Government) shall, by notification, declare the total number of members of every 3(district board).

(2) Subject to the approval of the 2(State Government) any 3(district board) may, by resolution supported by not less than three-fourths of the members present at a meeting specially convened in that behalf, alter the total number of its members as notified under sub-section (1).

(3) The notification referred to in sub-section (1) and the resolution referred to in sub-section (2) shall be published in the prescribed manner.]

1. This section was substituted for the original section by section 8 of the Madras Local Boards (Amendment) Act, 1930 (Madras Act XI of 1930).

2. The words " Provincial Government" were substituted for the words " Local Government'' by the Adaptation Order of 1937 and the word "State" was substituted for " Provincial " by the Adaptation Order of 1950.

3. These words were substituted for the words " local board " by paragraph I of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950).

S.11 Election and term of office of members of district boards

3[ 4[(1) The term of office of the members of every 2(district board) who are elected at ordinary elections shall, save as otherwise expressly provided in this Act, be three years beginning at noon on the day on which the vacancies occur.

(1-A) The 1(State Government) may, by notification, for sufficient cause which shall be stated therein, direct that the term of office of the members of any 2(district board) as a whole be extended or reduced by such period not exceeding three months as may be specified in the notification.]

(2) Ordinary vacancies in the office of a member of a 2(district board) shall be filled at ordinary elections which shall be fixed by the prescribed authority to take place 5[on such day or days within three months before the occurrence of the vacancies], as he thinks fit :

Provided that the 1[State Government] may, for sufficient cause, direct or permit the holding of any ordinary election 6[after the occurrence of the vacancy;]

7[Provided further that the 8[State] Government may, for sufficient reasons, direct from time to time, the postponement or alteration of the date of an ordinary election or any stage thereof, and the prescribed authority shall give effect to such direction.]

(3) A member of a 2(district board) elected at an ordinary election held after the occurrence of a vacancy shall enter upon office forthwith but shall hold office only so long as he would have been entitled to hold office if he had been elected before the occurrence of the vacancy.

(4) A casual vacancy in the office of a member of a 2(district board) shall be filled at a casual election which shall be fixed by the prescribed authority to take place as soon as may be after the occurrence of the vacancy;

Provided that no casual election shall be held to fill a vacancy occurring within three months before the ordinary date of retirement 9[or the date of retirement as determined under sub-section (1-A), as the case may be] and that such vacancy shall be filled at the next ordinary election.

(5) A member of a 2(district board) elected at a casual vacancy shall enter upon office forthwith, but shall hold office only so long as the member in whose place he is elected would have been entitled to hold office if the vacancy had not occurred.]

1. The words " Provincial Government" were substituted for the words " Local Government'' by the Adaptation Order of 1937 and the word "State" was substituted for " Provincial " by the Adaptation Order of 1950.

2. These words were substituted for the words " local board " by paragraph I of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950).

3. Sections 11 and 11-A were substituted for the original section 11 by section 8 of the Madras Local Boards (Amendment) Act, 1930 (Madras Act XI of 1930).

4. Sub-sections (1) and (1-A) were substituted for original sub-section (1) by section 2 (i) of the Madras Local Boards (Amendment) Act, 1935 (Madras Act XIII of 1935).

5. These words were substituted for the Words " on such day or days in the months of August and September next preceding the vacancies " by section 2 (ii), ibid.

6. These words were substituted for the words "after the end of September "by section 2(iii), ibid.

7. This proviso was added by section 3 (iv) of the Madras District Municipalities and Local Boards (Amendment) Act, 1947 (Madras Act II of 1947).

8. This word was substituted for the word " Provincial" by the Adaptation Order of 1950.

9. This expression was inserted by section 2 (iv) of the Madras Local Boards (Amendment) Act, 1935 (Madras Act, XIII of 1935).

S.11-A Procedure where no member is elected at an election

2[(1) If at an ordinary or casual election to : a 1(district board) held under section 11 no member is elected, a fresh election shall be held on such day as the prescribed, authority may fix.

(2) If at such fresh election no member is elected, the 1(district board) may, in the manner prescribed, elect a qualified person to fill the vacancy.

(3) The term of office of a member of a 1(district board) elected under this section shall expire at the time at which it would have expired if he had been elected at the ordinary or casual election, as the case may be.]

1. These words were substituted for the words " local board " by paragraph 1 of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950).

2. Sections 11 and 11-A were substituted for original section 11 by section 9 of the Madras Local Boards (Amendment) Act, 1930 (Madras Act XI of 1930).

S.12 Presidents and vice-presidents of district boards

2[Every 1(district board) shall elect one of its members to be its president, and another member to be its vice-president.]

1. These words were substituted for the words "local board" by paragraph 1 of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950),

2. Sections 12 and 12-A were substituted for original section 12 by section 10 of the Madras Local Boards (Amendment) Act, 1930 (Madras Act XI of 1930).

S.12-A Procedure when no president or vice-president is elected at an election

1[If at an election held under section 12, no president or vice-president is elected, a fresh election shall be held.]

1. Sections 12 and 12-A were substituted for original section 12 by section 10 of the Madras Local Boards (Amendment) Act, 1930 (Madras Act XI of 1930).

S.13 [Omitted]

1[ * * * * * ]

1. Sections 13 and 14 were omitted by section 11, ibid.

S.14 [Omitted]

1[ * * * * *]

1. Sections 13 and 14 were omitted by section 11, ibid.

S.15 Vacancy in the office of president and vice-president

2[(1) A president of a 1(district board) shall be deemed to have vacated his office--

  • (a) on the expiry of his term of office as a member of the 1(district board), or on his otherwise ceasing to be such member, or
  • (b) on his election as president or vice-president of 3[any panchayat] in the district.

(2) A vice-president of a 1(district board) shall be deemed to have vacated his office-

  • (a) on the expiry of his term of office as a member of the board, or on his otherwise ceasing to be such member; or
  • (b) on his election as president of the board or as president or vice-president of 3(any panchayat) in the district.]
  • 2[(3)] An outgoing president or vice-president of a 1[district board] shall, if otherwise qualified, be eligible for re-election 4[].

    1. These words were substituted for the words "local board" by paragraph 1 of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950),

    2. Sub-section (2) of section 15 was renumbered as sub-section (3) and for the original sub-section (1), new sub-sections (1) and (2) were substituted, by section 12(1), ibid.

    3. These words Were substituted for the words "any other local board" by paragraph 8 of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950).

    4. The words "or re-appointment" were omitted by section 12(2) of the Madras Local Boards (Amendment) Act, 1930 (Madras Act XI of 1930).

S.16 Resignation of members, vice-provident and president

Any member of a 1(district board) other than the president and any vice-president may resign his office by giving notice to the president; the president may resign by giving notice to the 1(district board). 2[Such resignation shall take effect in the case of a member or vice-president from the date on which it is received by the president and in the case of a president from the date on which it is placed before a mooting of the 1(district board).]

1. These words were substituted for the words " local board " by paragraph 1 of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950).

2. This sentence was added by section 13 of the Madras Local Board; (Amendment) Act, 1930 (Madras Act XI of 1930).

S.17 Filling up of vacancies

When the office of president, vice-president or member of any 1(district board) becomes vacant or is about to become Vacant, a new president, vice-president or member shall, in the absence of any direction to the contrary issued by authorities competent to do so under the provisions of this Act, be elected 2[ . . . . ] 3[in the manner laid down in this Act.]

1. These words were substituted for the words " local board " by paragraph 1 of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950).

2. The words " or appointed " were Omitted by section 14, ibid.

3. These words were substituted for the words " in the same manner as hi predecessor was elected " by section 14, ibid.

S.18 [Omitted]

1la[* * * * * *]

1. Section 18 was omitted by section 15, ibid.

S.19 Elections and appointments to be notified

The election 2[ ] of a president, vice-president, 3[ ] or member of a 1(district board) shall be notified in the proscribed manner.

1. These words were substituted for the words " local board " by paragraph 1 of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950).

2. The words " or appointment " were omitted by paragraph 9 of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950).

3. The words " temporary president" were omitted by ibid.

S.20 No member to receive remuneration

No member of a 1(district board) shall 2[receive or be paid from the funds at the disposal of or under the control of such board any salary or other remuneration for services rendered by him in any capacity whatsoever.]

1. These words were substituted for the words " local board " by paragraph 1 of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950).

2. These words were substituted for the words "receive any salary or other remuneration from the funds at the disposal of or under the control of such board" by section 16 of the Madras Local Boards (Amendment) Act 1930 (Madras Act XI of 1930).

S.21 [Omitted]

1[ 2(* * * * )]

1. Sections 21 to 21-D were substituted for the original section 21 by section 4 of the Madras Local Boards (Second Amendment) Act, 1943 (Madras Act XIX of 1943), re-enacted permanently by section 2 of the Madras Re-enacting (No. III) Act, 1948 (Madras Act IX of 1948).

2. This section was omitted by paragraph 10(1) of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950).

S.21-A Functions of president of district board

1[The president of a 2(district board) shall--

  • (a) make arrangements for the election of the vice-president;
  • (b) convene the meetings of the 2(district board); and
  • (c) perform all the duties and exercise all the powers specifically imposed or conferred on the president by this Act.]
  • 1. Sections 21 to 21-D were substituted for the original section 21 by section 4 of the Madras Local Boards (Second Amendment) Act, 1943 (Madras Act XIX of 1943), re-enacted permanently by section 2 of the Madras Re-enacting (No. III) Act, 1948 (Madras Act IX of 1948).

    2. These words were substituted for the words " local board " by paragraph I of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950).

S.21-B Functions of executive authority of district board

1[The executive authority of a 2(district board) shall--

  • (a) carry into effect the resolutions of the Board; and
  • (b) perform all the duties and exercise all the powers specifically imposed or conferred on the executive authority by this Act and subject, whenever it is hereinafter expressly so provided, to the sanction of the Board, and subject also to all other restrictions, limitations and conditions hereinafter imposed, exercise the executive power for the purpose of carrying out the provisions of this Act and be directly responsible for the due fulfillment of the purposes of this Act.]
  • 1. Sections 21 to 21-D were substituted for the original section 21 by section 4 of the Madras Local Boards (Second Amendment) Act, 1943 (Madras Act XIX of 1943), re-enacted permanently by section 2 of the Madras Re-enacting (No. III) Act, 1948 (Madras Act IX of 1948).

    2. These words were substituted for the words " local board " by paragraph I of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950).

S.21-C [Omitted]

1(* * * * )].

1. This section was omitted by paragraph 10(1), ibid.

S.21-D Functions of district board president and executive authority to be mutually exclusive

1(It shall not be lawful--

2[for the president or executive authority of a district board, to perform any functions expressly assigned by or under this Act or any other law to the district board;]

3[(2) * * * * * .]

4[(3) * * * * * ]

1. Sections 21 to 21-D were substituted for the original section 21 by section 4 of the Madras Local Boards (Second Amendment) Act, 1943 (Madras Act XIX of 1943), re-enacted permanently by section 2 of the Madras Re-enacting (No. III) Act, 1948 (Madras Act IX of 1948).

2. The brackets and figure " (1)" were omitted by paragraph 10(2). ibid.

3. This clause was omitted by Hid.

4. These words were substituted for the word " president " by section 2(2) of the Madras Local Boards (Second Amendment) Act, 1943 (Madras Act XIX of 1943), re-enacted permanently by section 2 of the Madras Re-enacting (No. III) Act, 1948 (Madras Act IX of 1948).

S.22 Emergency powers of executive authority

2[Exercise of president's functions during vacancy in office.--

(1) When the office of president of a 1(district board) is vacant, the vice-president shall exercise the functions of the president until a new president assumes office.

3(2)] When the office of president of a district board is vacant and there is either a vacancy in the office of vice-president or the vice-president has been continuously absent from jurisdiction for more than fifteen days or is incapacitated, the district collector shall convene a meeting for the election of a president and until a new president or vice-president is elected and assumes office or the vice-president returns to jurisdiction or recovers from his incapacity, as the case may be, the district collector shall, notwithstanding anything contained in this Act or in the rules or notifications issued thereunder, be ex officio member and president of the district board.

3[(b) * * * * * ]

(3) The meeting for the election of a president referred to in sub-section (2) shall be convened only after giving a notice to the members of not less than fifteen clear days 4[ . . . ]

5[(4) * * * * * ]

Explanation.-- A new president or vice-president shall be deemed to have assumed office on his being declared elected as such.]

1. These words were substituted for the words "local board" by paragraph I of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950.)

2. This section was inserted by section 18 of the Madras Local Boards (Amendment) Act, 1930 (Madras Act XI of 1930).

3. Clause (b) of sub-section (2) was omitted and clause (a) was re-numbered as sub-section (2) by paragraph 11 (i) of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950).

4. The words " in the case of district boards and of not less than five clear days in the case of panchayats " were omitted by paragraph 11 (ii), ibid.

5. This sub-section was omitted by paragraph 11 (iii), ibid.

S.22-A Exercise of president's functions during vacancy in office

2[(1) When the office of president of a 1(district board) is vacant, the vice-president shall exercise the functions of the president until a new president assumes office.

3(2)] When the office of president of a district board is vacant and there is either a vacancy in the office of vice-president or the vice-president has been continuously absent from jurisdiction for more than fifteen days or is incapacitated, the district collector shall convene a meeting for the election of a president and until a new president or vice-president is elected and assumes office or the vice-president returns to jurisdiction or recovers from his incapacity, as the case may be, the district collector shall, notwithstanding anything contained in this Act or in the rules or notifications issued thereunder, be ex officio member and president of the district board.

3[(b) * * * * * ]

(3) The meeting for the election of a president referred to in sub-section (2) shall be convened only after giving a notice to the members of not less than fifteen clear days 4[ . . . ]

5[(4) * * * * * ]

Explanation.-- A new president or vice-president shall be deemed to have assumed office on his being declared elected as such.]

1. These words were substituted for the words "local board" by paragraph I of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950.)

2. This section was inserted by section 18 of the Madras Local Boards (Amendment) Act, 1930 (Madras Act XI of 1930).

3. Clause (b) of sub-section (2) was omitted and clause (a) was re-numbered as sub-section (2) by paragraph 11 (i) of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950).

4. The words " in the case of district boards and of not less than five clear days in the case of panchayats " were omitted by paragraph 11 (ii), ibid.

5. This sub-section was omitted by paragraph 11 (iii), ibid.

S.23 Delegation and devolution of functions by president

1[(1) The president of a 2(district board) may, by an order in writing, delegate any of his functions 3[including his functions as executive authority 4( . . . )] to the vice-president :

Provided that he shall not delegate any functions which the board expressly forbids him to delegate.

(2) If the president of a 2(district board) has been continuously absent from jurisdiction for more than fifteen days or is incapacitated, his functions, 5[including his functions as executive authority] except those of promoting, withholding promotion from, reducing, removing or dismissing any officer or servant of the board shall, during such absence or incapacity devolve on the vice-president:

Provided that where the absence from jurisdiction of the president is within the Presidency of Madras and is on business connected with the board, the president's functions 6[including his functions as executive authority] shall not, except to the extent, if any, to which functions have been delegated by him under sub-section (1), devolve on the vice-president.

(3) If the vice-president also has been continuously absent from jurisdiction for more than fifteen days or is incapacitated, or if the office of vice-president is vacant, the president may, by an order in writing, delegate any of his functions 7[including his functions as executive authority 8( . . . )] to any member of the board who shall be styled president-delegate during the period of delegation:

Provided that

  • (i) when an order of delegation made under this subsection is in force, no further order of delegation of any functions shall be made in favour of any other than the member in whose favour the order in force was made;
  • (ii) no delegation under this sub-section shall be made for any period exceeding in the aggregate ninety days in any year without the special sanction of the board; and
  • 9[(iii) every order made under this sub-section shall be communicated to the board at its next meeting].

10[(4) Subject to any restrictions that the district board may impose, the president may by an order in writing delegate any of his executive functions to any member, officer or servant of the board or to any servant of the State Government.]

Exercise of delegated functions subject to president's control and revision.

11[(5) The exercise or discharge of any 12[functions] delegated 13[under this section] shall be subject to such restrictions, limitations and conditions as may be laid down by the president and shall also be subject to his control and revision, 14[The president shall also have power to control and revise the exercise or discharge of any functions devolving on the vice-president under sub-section (2) 15( . . . . )].

1. This section was substituted for original sections 23 and 24 by section 19 of the Madras Local Boards (Amendment) Act, 1930 (Madras Act XI of 1930).

2. These words were substituted for the words "local board " by papa-graph 1 of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950).

3. These words were inserted by section 6 (i) of the Madras Local Boards (Second Amendment) Act, 1943 (Madras Act XIX of 1943), re-enacted permanently by section 2 of the Madras Re-enacting (No. III) Act, 1948 (Madras Act IX of 1948).

4. The words " where he is also the executive authority" were omitted by paragraph 12 (i) of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950).

5. These words were substituted by paragraph 12 (ii), ibid, for the words " including where he is also the executive authority his functions as such " as inserted by section 6 (ii) of the Madras Local Boards (Second Amendment) Act, 1943 (Madras Act XIX of 1943), re-enacted permanently by section 2 of the Madras Re-enacting(No. III) Act, 1948(Madras Act IX of 1948_).

6. These words were inserted by paragraph 12 (iii) of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950).

7. These words were inserted by section 6 (iii) (a) of the Madras Local Boards (Second Amendment) Act, 1943 (Madras Act XIX of 1943), re-enacted permanently by section 2 of the Madras Re-enacting (No. III) Act, 1948 (Madras Act IX of 1948).

8. The words "where he is also the executive authority" were omitted by paragraph 12 (i) of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950).

9. This clause was substituted by paragraph 12 (iv) ibid for clause (iii) as amended by section 6 (iii) (b) of the Madras Local Boards (Second Amendment) Act, 1943 (Madras Act XIX of 1943), re-enacted permanently by section 2 of the Madras Re-enacting (No. III) Act, 1948 (Madras Act IX of 1948).

10. This sub-section was substituted by paragraph 12 (v) of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950), for the original sub-section (4) as amended by section 6 (iv) of the Madras Local Boards (Amendment) Act, 1943 (Madras Act XIX of 1943), re-enacted permanently by section 2 of the Madras Re-enacting, (No. III) Act, 1948 (Madras Act IX of 1948).

11. Section 25 was re-numbered as sub-section (5) of section 23 by section 7(1) of the Madras Local Boards (Second Amendment) Act, 1943 (Madras Act XIX of 1943), re-enacted permanently by section 2 of the Madras Re-enacting (No. III) Act, 1948 (Madras Act IX of 1948).

12. This word was substituted for the word " powers " by section 20 (i) of the Madras Local Boards (Amendment) Act, 1930 (Madras Act XI of 1930).

13. These words were substituted for the words and figures " under section 23 " by section 7(1) of the Madras Local Boards (Second Amendment) Act, 1943 (Madras Act XIX of 1943), re-enacted permanently by section 2 of the Madras Re-enacting (No. III) Act, 1948 (Madras Act IX of 1948).

14. This sentence was added by section 20 (ii) of the Madras Local Boards (Amendment) Act, 1930 (Madras Act XI of 1930).

15. The words and figures " of section 23 " were omitted by section 7(1) of the Madras Local Boards (Second Amendment) Act, 1943 (Madras Act XIX of 1943) re-enacted permanently by section 2 of the Madras Re-enacting (No. III) Act, 1948 (Madras Act IX of 1948).

S.24 [Omitted]

1la[* * * * ]

1. Section 23 was substituted for original sections 23 and 24 by section 19 of the Madras Local Boards (Amendment) Act, 1930 (Madras Act XI of 1930) and new section 24 which was inserted by section 7(2) of the Madras Local Boards (Second Amendment) Act, 1943 (Madras Act XIX of 1943), re-enacted permanently by section 2 of the Madras Re-enacting (No. III) Act, 1948 (Madras Act IX of 1948), was omitted by paragraph 13 of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950).

S.25 [Omitted]

1la[* * * * ]

1. Section 25 was renumbered as sub-section (5) of section 23 by section 7(1) of the Madras Local Boards (Second Amendment) Act, 1943 (Madras Act XIX of 1943), re-enacted permanently by section 2 of the Madras Re-enacting (No. III) Act, 1948 (Madras Act IX of 1948).

S.26 Bight of individual members

(1) Any member of a 1(district board) may call the attention of the 2(executive authority) to any neglect in the execution of 1(district board) work, to any waste of 1(district board) property, or to the wants of any locality 3(within the district) and may suggest any improvements which may appear desirable.

(2) Every member shall have the right to move resolutions and to interpellate the president on matters connected with the administration of the 1(district board) subject to such regulations as may be framed by the district board.

(3) Every member shall have access during office hours to the records of the 1(district board) after giving due notice to the 2(executive authority), provided that the 2(executive authority) may, for reasons given in writing, forbid such access.

1. These words were substituted for the words "local board " by paragraph 1 of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950).

2. These words were substituted for the word "president" by section 2(2) of the Madras Local Boards (Second Amendment) Act, 1943 (Madras Act XIX of 1943), re-enacted permanently by section 2 of the Madras Re-enacting (No. III) Act, 1948 (Madras Act IX of 1948).

3. These words were substituted for the words "within the local board area" by paragraph 14 of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950).

S.27 Power of district board to call for records

(1) A 1(district board) may require the 2(executive authority) to produce any 3[ . . . . ] document which is in his custody.

(2) The 2(executive authority) shall comply with every such requisition unless in his opinion immediate compliance therewith would be prejudicial to the interests of the board or of the public, in which case he shall make a declaration in writing to that effect and shall, if required by the board 4[refer the question to the State Government whoso decision shall be final].

1. These words were substituted for the words " local board " by paragraph 1 of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950).

2. These words were substituted for the word "president" by section 2(2) of the Madras Local Boards (Second Amendment) Act, 1943 (Madras Act XIX of 1943), re-enacted permanently by section 2 of the Madras Re-enacting (No. III) Act, 1948 (Madras Act IX of 1948).

3. The words "record, correspondence, plan or other" were omitted by section 21(1) of the Madras Local Boards (Amendment) Act, 1930 (Madras Act XI of 1930).

4. These words were substituted for the original words by paragraph 15 of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950).

S.27-A Constitution of standing committees for district boards

1[(1) In each district board, there shall be standing committees respectively for--

  • (i) Education,
  • 2[ * * * * * ]
  • 2[(ii)] Public Health, and
  • 2[(iii)] Works and Communications

for the purpose of exercising such of its powers, discharging such of its duties or performing such of its functions as may be specified by the 3(State Government).

(2) In addition to the 4[three standing committees referred to] in sub-section (1), a district board shall, if so required by the 3(State Government) constitute one or more standing committees for the purpose of exercising such of its powers, discharging such of its duties or performing such of its functions, as may be specified by the 3(State Government).

(3) (a) Each of the standing committees referred to in sub-sections (1) and (2) shall consist of such number of members as may be specified by the 3(State Government) of whom the president of the district board shall ex-officio be one and the remaining members shall be elected by the members of the district board from among themselves and from among persons who are not members of the district board, in such proportion as the 3(State Government) may direct:

Provided that the number of members of a committee who are not members of the district board shall not exceed one-third of the total number of members of the committee:

5[ * * * * * ]

(b) The members of a standing committee who are not members of the district board shall have the right to attend the meetings of the standing committee and take part in the discussions thereat but 6[.....] they shall not have the right to veto at such mooting.

(c) Each standing committee shall elect its own chair-man from among its members who are members of the district board.

(4) No member of the district board other than the president shall be a member of more than two standing committees at the same time.

(5) Subject as aforesaid, provision may be made by rules under this Act for--

  • (i) the manner of election of members of a standing committee by the district board;
  • (ii) the manner in which the chairman of the standing committee shall be elected;
  • (iii) the term of office of the members and he chairman of the standing committee;
  • (iv) the procedure of the standing committee; and
  • (v) the powers of the district board to control and revise the exercise, discharge and performance of its powers, duties or functions by the standing committee.]
  • 1. This section was inserted by section 11 of the Madras Local Boards and Elementary Education (Amendment) Act, 1934 (Madras Act II of 1934).

    2. Clause (ii) was omitted and clauses (iii) and (iv) were re-numbered as clauses (ii) and (iii) respectively by paragraph 16 (i) of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 190S).

    3. The words "Provincial Government" were substituted for the words "Local Government" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adaptation Order of 1950.

    4. These words were substituted for the words " four standing committees referred to" by paragraph 16 (ii) of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950).

    5. This proviso was omitted by paragraph 16 (iii) (a) ibid.

    6. The words" except in the case of the standing committee for rural development" were omitted by paragraph 16 (iii) (b) of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras Act X of 1950).

S.28 Constitution of committees of district boards

1[(1) (a) 2[Subject to the provisions of section 27-A a 3(district board) may] constitute committees for the purpose of exercising such powers, discharging such duties or performing such functions as it may delegate to them.

(b) A 3(district board) may also appoint individual members or committees to enquire into and report or advice on any matters which it may refer to them.

(2) Save as otherwise expressly provided in this Act, the president of the 3(district board) shall, by virtue of his office, be a member and the chairman of every committee constituted under sub-section (1).

(3) It shall be lawful for a 3(district board) by resolution supported by not less than one-half of its sanctioned strength to elect as members of any committee constituted under subsection (1), any persons who are not members of the board but who may, in the opinion of the board, possess special qualifications or special interest for serving on such committee. But the number of such persons shall not exceed one-third of the total number of members of such committee.

4[(4) * * * * * ]

1. This section was substituted for the original sections 28 and 29 by section 22 of the Madras Local Boards (Amendment) Act, 1930 (Madras Act XI of 1930).

2. This expression was substituted for the words " A local board may by section 12 (i) of the Madras Local Boards and Elementary Education (Amendment) Act, 1934 (Madras Act II of 1934).

3. These words were substituted for the words " local board " by paragraph 1 of Schedule IV to the Madras Village Panchayats Act, 1950 (Madras

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