Amendment status not verified — confirm the current text below against the official source.
After section 41 of the principal Act, the following sections shall be inserted, Insertion of namely:— new sections y: 41-A, 41-B, 41-C and “41-A, Powers of the Tamil Nadu State Election Commission.— 41-D. (1) Where in connection with the tendering of any opinion to the Government under section 41, the Tamil Nadu State Election Commission considers it necessary or properto make an inquiry, and the Tamil Nadu State Election Commission is Satisfied that on the basis of the affidavits filed and the documents produced in such inquiry by the parties Concerned ‘of their own accord, it cannot come to a decisive opinion on the matter which is being inquired into, the Tamil Nadu State Election Commission shall haves (or “ Purposes of such inquiry, the powersofa civil court, while trying a suit under the Co eo Civil Procedure, 1908 (Central ActV of 1908), in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him On oath; Scanned by CamScanner 150 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY cument or other material (b) requiring the discovery and production of any do object producible as evidence: (c) receiving evidence on affidavits; 2 urt or office: (d) requisitioning any public record or a Copy thereof from any court 9 . oT oi S$ or documenis. (e) issuing commissions for the examination of witnesse I Commission shall also have the power to hich may be claimed by that person under information on such points or matiers as may be useful for, or relevent (2) The Tamil Nadu State Election require any person, subject to any privilege wi any law for the time being in force, to furnish atic in the opinion of the Tamil Nadu State Election Commission to, the subject-matter of the inquiry. . = = chy! ur (3) The Tamil Nadu State Election Commission shall be deemed to be 4 cml court and when any such offence, as is described in section 175, section 178, Seckones section 180 or section 228 of the Indian Penal Code (Central Act XLV of 1860). is committed in the view or presence of the Tamil Nadu State Election Commission, ine Tamil Nadu State Election Commission may after recording the facts constituting ‘me offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), forward the case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall process to hear the complaint against the accursed as if the case had been forwarded to him under section 346 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974). (4) Any proceeding before the Tamil Nadu State Election Commission shall be deemedto be a judicial proceeding within the meaning of section 493 and section 228 of the Indian Penal Code (Central Act XLV of 1860). 41-B. Statements made by person to the Tamil Nadu State Election Commission.— No statement made by a person in the course of giving evidence before the Tamil Nadu State Election Cornmission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement: Provided that the statement— (a) is madein reply to a question which he is required by the Tamil Nadu State Election Commission to answer, or (b) is relevant to the subject-matter of the inquiry. 41-C. Procedureto be followed by the Tamil Nadu State Election Commission.— The Tamil Nadu State Election Commission shall have the power to requlate its own procedure (including the fixing of places andtimesofits sittings and deciding whether to sit in public or in private). 41-D. Protection of action taken in goodfaith.—Nosuit, prosecution or other legal proceeding shall lie against the Tamil Nadu State Election Commission or any person acting under the direction of the Tamil Nadu State Election Commission in respect of anything whichis in goodfaith doneor intended to be done in pursuance of the foregoing provisions of sections 41-A to 41-C or of any order made thereunder or in respect of the " tendering of any opinion by the Tamil Nadu State Election Commission to the Government or in respect of the publication, by or under the authority of the Tamil Nadu State Election Commission of any such opinion, paper or proceedings.”. (By order of the Governor) S. DHEENADHAYALAN, Secretary to Government. Law Department. PRINTED AND PUBLISHED BY THE SPECIAL COMMISSIONER AND COMMISSIONER OFST, ON BEHALF OF THE GOVERNMENT OF TAMIL NADUa Scanned by CamScanner g © ® weraNMENT OF TAMIL NADU [Regd. No. TN/CCN/117/2006-08. 60 2008 : {Price: Rs. 21.60 Paise. TAMii. NADU GOVERNMENT GAZETTE EXTRAORDINARY pustisHep By AUTHORITY — 364) CHENNAI, TUESDAY, DECEMBER2, 2008 Karthigai 17, Thiruvalluvar Aandu-2039 _— Part IV—Section 2 Tamil Nadu Acts and Ordinances CONTENTS _ Pages. iors: | No. 47 of 2008—Tamil Nadu Paymentof Salaries (Second Amendment) Act... .. - ” 222-223 No. 48 of 2008—Tamil Nadu Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Act . . 225-226 No. 49 of 2008—Tamil Nadu Value Added Tax (Second Amendment) Act - os “ 227-228 No. 50 of 2008—Tamil Nadu Value Added Tax (Third Amendment) Act on 7 = 229 No. 51 of 2008—Tamil Nadu Backward Class Christians and Backward Class Muslims (Reservation of Seats in Educational Institutions including Private Educational Institutions and of appointments or posts in the services under the State) Amendment Act . . . 231-232 No. 52 of 2008— Tamil Nadu Co-operative Societies (Appointment of Special Officers) Second Amendment Act .. . . ee . 233 No. 53 of 2008—Tamil Nadu Appropriation (No.3) Act .. . . . . 235-240 No. 54 of 2008—ChennaiCity Police (Extension to the Chennai City Suburban Area) Act, .. 7 241-245 No. 55 of 2008—Tamil Nadu Municipal Corporations Laws (Amendment) Act... < . 247-251 No. 56 of 2008—Tamil Nadu Laws (Special Provisions) Act we . . . 253-256 No. 57 of 2008—Tamil Nadu Municipal Laws (Seventh Amendment) Act . . 257-258 No. 58 of 2008—Tamil Nadu Panchayats (Eighth Amendment) Act.. . x : 259 No. 59 of 2008—Tamil Nadu Panchayats (Ninth Amendment) Act.. 7 . 7 261 No. 60 of 2008—Tamil Nadu Sales Tax (Settlement of Arrears) Act on La 7 263-266 No. 61 of 2008—Tamil Nadu Town and Country Planning (Amendment) Act. oa 267-268 No. 62 of 2008—Tamil Nadu Co-operative Societies (Third Amendment) Act. . c 269-273 TP1V.2 Bx, (364) [221] a Scanned by CamScanner ramil Nadu Act 91 of 1994. Tamil Nadu Ordinance 10 of 2008. TAMIL_NADU GOVERNMENT GAZETTE EXTRAORDINARY The following Act of the Tamil Nadu Le of the Governor on. the 29th Nove general information:— gislative Assembly received the assent mber 2008 and is hereby published for ACT No. 58 OF 2008. An Act further to amend the Tamil Nadu Panchayats Act, 1994. Be it enacted by the Legislative Assembly of the Republic of India as follows:—