TAMIL
NADU PANCHAYATS ACT, 1994
Preamble - TAMIL NADU PANCHAYATS ACT,
1994
TAMIL NADU PANCHAYATS
ACT, 1994
[22nd April, 1994]
[Act No. 21 of 1994]
PREAMBLE
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:--
Section 1 - Short title, extent and commencement
(1) This Act may be called the Tamil Nadu Panchayats
Act, 1994.
(2) It extends to the whole of the State of Tamil Nadu except,--
(i) the City of Madras;
(ii) the City of Madurai constituted under the Madurai
City Municipal Corporation Act, 1971(Tamil Nadu Act 15 of 1971);
(iii) the City of Coimbatore constituted under the
Coimbatore City Municipal Corporation Act, 1981(Tamil Nadu Act 25 of 1981);
(iv) the municipalities, town panchayats and industrial
townships constituted under the Tamil Nadu District Municipalities Act,
1920(Tamil Nadu Act V of 1920); and
(v) the cantonments constituted under the Cantonments
Act, 1924(Central Act II of 1924).
(3) It shall come into force on such date as the
Government may, by notification, appoint.
Section 2 - Definitions
In
this Act, unless the context otherwise requires,--
(1) 'building' includes a house, out-house, tent,
stable, latrine, shed, hut, wall (other than a boundary wall not exceeding 2.5
metres in height) and any other such structure, whether of masonry, bricks,
wood, mud, metal or any other material whatsoever;
(2) 'casual vacancy' means a vacancy occurring
otherwise than by efflux of time and 'casual election' means an election held
to fill a casual vacancy;
(3) chairman' means the chairman of a panchayat union
council or a district panchayat, as the case may be;
(4) 'chief executive officer' means the chief executive
officer of a district panchayat;
(5) 'collector' means the collector of a revenue
district;
(6) 'commissioner' means the commissioner of a
panchayat union;
(7) 'company' means a company as defined in the
Companies Act, 1956(Central Act 1 of 1956) and includes a foreign company
within the meaning of section 591 of that Act;
(8) 'district' means a revenue district;
(9) 'district panchayat' means the district panchayat
constituted under sub-section (1) of section 24;
(10) 'drain' means a rain or storm water drain and water
tables, chutes and the side drain exclusively meant to drain away the rain
water falling on the surface of any street, bridge or causeway, but does not
include a drain or sewer within the meaning of the Madras Metropolitan Water
Supply and Sewerage Act, 1978(Tamil Nadu Act 28 of 1978);
(11) 'executive authority' means a secretary of a
village panchayat appointed by the Government under section 83;
(12) 'Government' means the State Government;
(13) 'Grama Sabha' means a body consisting of persons
registered in the electoral rolls relating to a panchayat village comprised
within the area of village panchayat concerned;
(14) 'house' means a building fit for human occupation,
whether as a residence or otherwise, having a separate principal entrance from
the common way, and includes any shop, workshop or warehouse or any building
used for garaging or parking buses or as a bus-stand;
(15) 'hut' means any building which is constructed
principally of wood, mud, leaves, grass or thatch and includes any temporary
structure of whatever size or any small building of whatever material made,
which the panchayat may declare to be a hut for the purposes of this Act;
(16) 'Inspector' means any officer not below the rank of
a Collector appointed by the Government to exercise or perform any of the
powers or duties of the Inspector under this Act;
(17) 'latrine' includes privy, water-closet and urinal;
(18) 'member' means a member of the village panchayat,
the panchayat union council or the district panchayat, as the case may be;
(19) 'ordinary vacancy' means a vacancy occurring by
efflux of time and ordinary election' means an election held to fill an
ordinary vacancy;
(20) 'owner' includes-
(a) the person for the time being receiving or entitled
to receive whether on his own account or on behalf of another person as agent,
trustee, guardian, manager or receiver or for any religious or charitable
purpose, the rents or profits of the property in connection with which the word
is used; and
(b) the person for the time being in charge of the
animal or vehicle in connection with which the word is used;
(21)
'panchayat'
means a village panchayat, a panchayat union council or a district panchayat
constituted under this Act;
(22)
'panchayat
development block' means the area declared by the Government from time to time
to be a panchayat development block for the purpose of this Act;
(23)
'panchayat
union' means any local area which is declared to be a panchayat union under
this Act;
(24)
'panchayat
union council' means the body constituted for the administration of a panchayat
union under this Act;
(25)
'panchayat
village' means any local area over which a village panchayat has jurisdiction;
(26)
'president'
means the president of a village panchayat;
(27)
'private
road' means any street, road, square, court, alley, passage, cart-track,
foot-path 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;
(28) 'public road' means any street, road, square,
court, alley, passage, cart-track, foot-path or riding-path, over which the
public have a right of way, whether a thoroughfare or not, and includes?
(a) the roadway over 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 covered or not by any pavement, veranda, or
other structure, which lies on either side of the roadway upto the boundaries
of the adjacent property, whether that property is private property or property
belonging to the State or Central Government;
(29)
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
deemed to cease to reside in any such house merely because he is absent from it
or has elsewhere another dwelling in which he resides, if he is at liberty to
return to such house at any time and has not abandoned his intension of
returning;
(30) 'revenue district' means any local area which for
the purposes of revenue administration is under the charge of a Collector,
after excluding therefrom all areas included in?
(a) the City of Madras;
(b) the City of Madurai constituted under the Madurai
City Municipal Corporation Act, 1971(Tamil Nadu Act 15 of 1971);
(c) the City of Coimbatore constituted under the
Coimbatore City Municipal Corporation Act, 1981(Tamil Nadu Act 25 of 1981);
(d) the municipalities, town panchayats and industrial
townships constituted under the Tamil Nadu District Municipalities Act,
1920(Tamil Nadu Act V of 1920); and
(e) the cantonments constituted under the Cantonments
Act, 1924(Central Act II of 1924).
(31)
'Scheduled
Castes' shall have the same meaning as in the Constitution;
(32)
'Scheduled
Tribes' shall have the same meaning as in the Constitution;
(33)
'State
Election Commission' means the State Election Commission referred to in section
239;
(34)
'State
Election Commissioner' means the State Election Commissioner referred to in
section 239;
(35)
'unreserved
forest' means a forest not notified under section 4 of the Tamil Nadu Forest
Act, 1882(Tamil Nadu Act V of 1882) and includes unreserved land at the
disposal of the Government;
(36) 'village' means any local area which is declared to
be a panchayat village under sub-section (1) of section 4, and 'revenue
village' means any local area which is recognised as a village in the revenue
accounts of Government after excluding therefrom the areas, if any, included in?
(a) the City of Madras;
(b) the City of Madurai constituted under the Madurai
City Municipal Corporation Act, 1971(Tamil Nadu Act 15 of 1971);
(c) the City of Coimbatore constituted under the
Coimbatore City Municipal Corporation Act, 1981(Tamil Nadu Act 25 of 1981);
(d) the municipalities, town panchayats and industrial
townships constituted under the Tamil Nadu District Municipalities Act,
1920(Tamil Nadu Act V of 1920); and
(e) the cantonments constituted under the Cantonments
Act, 1924(Central Act II of 1924);
(37)
'village
panchayat' means a panchayat constituted as a village panchayat under
sub-section (1) of section 6;
(38)
"water-course"
includes any river, stream or channel, whether natural or artificial;
(39) 'year' means the financial year.
Section 3 - Grama Sabha
(1) There shall be a Grama Sabha for every village
panchayat consisting of persons registered in the electoral roll relating to
the panchayat village, comprised within the area of the said village panchayat.
(2) Subject to the general orders of the Government,
the Grama Sabha shall meet atleast thrice in a year but six months shall not
intervene between any two meetings. If the village panchayat fails to convene
the Grama Sabha, the Inspector shall convene the Grama Sabha.
(3) (a) The Grama Sabha shall,--
(i) approve the village plan;
(ii) approve the village budget for the year; and
(iii) review the progress of the implementation of all
schemes entrusted to the village panchayat.
(b) The Government may, by notification, entrust to
the Grama Sabha such other functions as may be specified.
(4)
The
village panchayat shall give due consideration to the recommendations and
suggestions of the Grama Sabha.
(5)
The
quorum for a meeting of the Grama Sabha shall be one-third of the total number
of the members of the Grama Sabha and the procedure for convening and
conducting such meetings of the Grama Sabha shall be such as may be prescribed.
(6) Every meeting of the Grama Sabha shall be presided
over by the president and in his absence, by the vice-president and in the
absence of both the president and vice-president, by a member chosen by the
members present at the meeting.
Section 4 - Formation of panchayat villages
(1) The Inspector,-
(a) shall, by notification, classify and declare every
local area comprising a revenue village or villages or any portion of a revenue
village or contiguous portions of two or more revenue villages with a
population estimated at not less than five hundred as a panchayat village for
the purposes of this Act; and
(b) shall, by notification, specify the name of such
panchayat village.
(2) (a) The Inspector may, by notification, exclude
from a panchayat village any area comprised therein, provided that the
population of the panchayat village after such exclusion, is not less than five
hundred.
(b) In regard to any area excluded under clause
(a), the Inspector shall by notification under sub-section (1) declare it to be
a panchayat village if it has a population of not less than five hundred or if
its population is less than five hundred, include it in any contiguous
panchayat village under clause (c) (i).
(c) The Inspector may, by notification,--
(i) include in a panchayat village any local area
contiguous thereto; or
(ii) cancel or modify a notification issued under
sub-section (1); or
(iii) alter the name of any panchayat village specified
under sub-section (1).
(d) Before issuing a notification under clause (a)
or under clause (b) read with sub-section (1) or under clause (c), the Inspector
shall give the village panchayat or village panchayats which will be affected
by the issue of such notification, a reasonable opportunity of showing cause
against the proposal and shall consider the explanations and objections, if
any, of such village panchayat or village panchayats.
(3)
Any
rate-payer or inhabitant of such area or any village panchayat concerned, may,
if he or it objects to any notification under sub-section (1) or sub-section
(2), appeal to the government within such period as may be prescribed.
(4) The Inspector may pass such orders as he may deem
fit?
(a) as to the disposal of the property vested in a
village panchayat which has ceased to exist, and the discharge of its
liabilities;
(b) as to the disposal of any part of the property
vested in a village panchayat which has ceased to exercise jurisdiction over
any local area, and the discharge of the liabilities of the village panchayat
relating to such property or arising from such local area.
(5) An order made under sub-section (4) may contain
such supplemental, incidental and consequential provisions as the Inspector may
deem necessary, and in particular may direct--
(i) ???that any tax, fee or other sum due to the
village panchayat or where a village panchayat has ceased to exercise
jurisdiction over any local area, such tax, fee or other sum due to the village
panchayat as relates to that area shall be payable to such authorities as may
be specified in the order;
(ii) ??that appeals, petitions, or other
applications with reference to any such tax, fee or sum which are pending on
the date on which the village panchayat ceased to exist or, as the case may be,
on the date on which the village panchayat cease to exercise jurisdiction over
the local area, shall be disposed of by such authorities as may be specified in
the order.
Section 5 - Extension of provisions of Tamil Nadu District Municipalities Act, 1920 or of any rules made thereunder
(1) The Inspector may, whether at the request of the
village panchayat or otherwise, by notification, declare that any of the
provisions of the Tamil Nadu District Municipalities Act, 1920(Tamil Nadu Act V
of 1920) or of any rules made thereunder, shall be extended to, and be in force
in, the panchayat village or any specified area therein.
(2) The provisions so notified shall be construed with
such alterations (not affecting the substance) as may be necessary or proper
for the purpose of adapting them to the panchayat village or specified area
therein.
(3) Without prejudice to the generality of the
foregoing provision, all references in the provisions so notified to a
municipal council or the chairman or the executive authority thereof shall be
construed as references to the village panchayat or the president or the
executive authority of the village panchayat and all references to any officer
or servant of a municipal council as references to the corresponding officer or
servant of the village panchayat, and all references to the municipal limits as
references to the limits of the panchayat village or specified area therein, as
the case may be.
Section 6 - Constitution of village panchayats and their incorporation
(1) A village panchayat shall be constituted for each
panchayat village consisting of such number of elected members, with effect
from such date as may be specified in the notification issued in that behalf by
the Inspector.
(2) Subject to the provisions of this Act, the
administration of the panchayat village shall vest in the village panchayat but
the village panchayat shall not be entitled to exercise functions expressly
assigned by or under this Act or any other law to its president or to any panchayat
union council or the district panchayat or other authority.
(3) Every village panchayat shall be a body corporate
by the name of the panchayat village specified in the notification issued under
section 4, shall have perpetual succession and a common seal, and subject to
any restriction or qualification imposed by or under this Act or any other law,
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.
Section 7 - Alteration of classification of panchayat villages
(1) The Government may alter any classification
notified under sub-section (1) of section 4, if in their opinion the panchayat
village satisfies or ceases to satisfy the conditions referred to in that
sub-section.
(2) Any decision made by the Government under this
section shall not be questioned in a court of law.
Section 8 - Strength of a village panchayat
(1) Notwithstanding anything contained in section 12 or
any other provisions of this Act, the total number of members of a village
panchayat (exclusive of its president) shall be notified by the Inspector in
accordance with such scale as may be prescribed with reference to population of
the panchayat village concerned, as ascertained at the last preceding census of
which the relevant figures have been published.
(2) The Inspector may, from time to time, by
notification, alter the total number of members of a village panchayat notified
under sub-section (1).
(3) The number notified under sub-section (1) or the
number as altered by notification under sub-section (2) shall not be less than
five or more than fifteen.
Section 9 - Duration of village panchayats
(1) Every village panchayat unless sooner dissolved,
shall continue for five years from the date appointed for its first meeting
after each ordinary election and no longer.
(2) Where a village panchayat is dissolved before the
expiration of the said period of five years, election to constitute such
village panchayat shall be completed in accordance with the provisions of
section 214 as soon as may be, and in any case before the expiration of a
period of six months from the date of such dissolution:
Provided
that where a village panchayat is dissolved, within six months before the
expiration of the said period of five years, it shall not be necessary to hold
any election to such village panchayat.
Section 10 - Election of members of village panchayat
The
members of the village panchayat shall be elected in such manner as may be
prescribed:
Provided
that no person shall be eligible to be elected under this Act as a member of
more than one village panchayat.
Section 11 - Reservation of seats
(1) Seats shall be reserved for the persons belonging
to the Scheduled Castes and the Scheduled Tribes in every village panchayat and
the number of seats so reserved shall bear as nearly as may be, the same
proportion to the total number of seats to be filled by direct election in that
village panchayat as the population of the Scheduled Castes in that village
panchayat area or of the Scheduled Tribes in that village panchayat area bears
to the total population of that area:
Provided
that for the first election for the village panchayat to be held immediately
after the commencement of this Act, the provisional population figures of the
panchayat village as published in relation to 1991 census shall be deemed to be
the population of the panchayat village.
(2)
Seats
shall be reserved for women belonging to the Scheduled Castes and the Scheduled
Tribes from among the seats reserved for the persons belonging to the Scheduled
Castes and the Scheduled Tribes which shall not be less than one third of the
total number of seats reserved for the persons belonging to Scheduled Castes
and the Scheduled Tribes.
(3) Seats shall be reserved for women in the village
panchayat and the number of seats reserved for women shall be, as nearly as may
be, one third (including the number of seats reserved for women belonging to
the Scheduled Castes and the Scheduled Tribes) of the total number of seats in
the village panchayat:
Provided
that such seats reserved for women shall be allotted by rotation to different
wards in such a manner as the Inspector may, by notification, direct.
(4) The reservation of seats under sub-sections (1) and
(2) shall cease to have effect on the expiration of the period specified in
Article 334 of the Constitution.
Section 12 - Division of Panchayat village into wards
For
the purpose of election of members to a village panchayat, the Inspector may,
after consulting the village panchayat, by notification, divide the panchayat
village into wards and determine the number of members to be returned by each
ward in accordance with such scale as may be prescribed.
Section 13 - Terra of office of members
(1) The term of office of the members of every village
panchayat who are elected at ordinary elections, shall, save as otherwise
expressly provided, be five years from the date appointed for the first meeting
of such village panchayat after ordinary election.
(2) Ordinary vacancies in the office of an elected
member of the village panchayat shall be filled at ordinary elections which
shall be fixed by the State Election Commissioner to take place on such day or
days within six months before the occurrence of the ordinary vacancies, as he
thinks fit.
(3) The member of a village panchayat elected in 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.
Section 14 - Electoral roll for village panchayats
(1) Subject to the provisions of sub-section (2), the
electoral roll of the panchayat union council for the time being in force in a
panchayat village shall be deemed to be the electoral roll for such village
panchayat.
(2) No amendment, transposition or deletion of any
entry in the electoral roll of the panchayat union council made after the last
date of making nominations for an election in any village panchayat ward and
before the notification of the result of such election, shall form part of the
electoral roll for such election for the purpose of this section.
(3) The executive authority of the village panchayat
shall maintain in the prescribed manner, an electoral roll for each ward of the
panchayat village.
Section 15 - Formation of panchayat union
(1) The Government may, from time to time, publish a
notification of their intention,--
(a) to declare any local area forming a development
block for the purposes of the National Extension Service Scheme or Community
Development, to be a panchayat development block; and
(b) to constitute for every such panchayat development
block a panchayat union.
(2)
Any
inhabitant of a local area in respect of which any such notification has been
published may submit his objection in writing to anything contained in the
notification to the Government within six weeks from the publication of the
notification and the Government shall take all such objections into
consideration.
(3) After the expiry of six weeks from the publication
of the notification and after considering the objections, if any, which have
been submitted, the Government may, by notification?
(a) declare the local area to be a panchayat
development block;
(b) declare the said panchayat development block to be
a panchayat union; and
(c) specify the name of the panchayat union.
(4) The Government may, by notification?
(i) exclude from a panchayat development block any area
or village comprised therein, or
(ii)
include
in a panchayat development block any area contiguous to it, or
(iii) cancel or modify a notification issued under
sub-section (3), or
(iv) alter the name of a panchayat union.
(5)
Before
issuing a notification under sub-section (4), the Government shall consult the
district panchayat concerned and give the panchayat union council or panchayat
union councils and the village panchayat or village panchayats which will be
affected by the issue of such notification, a reasonable opportunity for
showing cause against the proposal and shall consider their explanations, and
objections, if any.
(6) The Government may pass such orders as they may
deem fit?
(a) for the disposal of the assets of, or institutions
belonging to, the panchayat union council which has ceased to exist, and for
the discharge of the liabilities, if any, of such panchayat union council
relating to such assets or institutions, or
(b) for the disposal of any part of the assets of, or
institutions belonging to, a panchayat union council which has ceased to
exercise jurisdiction over any panchayat development block and for the
discharge of the liabilities, if any, of the panchayat union council relating
to such assets or institutions.
(7) An order made under sub-section (6) may contain
such supplemental, incidental and consequential provisions as the Government
may deem necessary, and in particular may direct?
(i) that any tax, fee or other sum due to the panchayat
union council or where a panchayat union council has ceased to exercise
jurisdiction over any panchayat development block, such tax, fee or other sum
due to the panchayat union council as relates to that block shall be payable to
such authorities as may be specified in the order;
(ii) that appeals, petitions or other applications with
reference to any such tax, fee or sum which are pending on the date on which
the panchayat union council ceased to exist, or as the case may be, on the date
on which the panchayat union council ceased to exercise jurisdiction over the
panchayat development block, shall be disposed of by such authorities as may be
specified in the order.
Section 16 - Constitution of panchayat union councils and their incorporation
(1) A panchayat union council shall be constituted for
each panchayat union with effect from such date as may be specified in the
notification issued in that behalf by the Government.
(2) Subject to the provisions of this Act, the
administration of the panchayat union shall vest in the panchayat union council
but the panchayat union council shall not be entitled to exercise functions
expressly assigned by or under this Act or any other law to its chairman or the
commissioner or to the village panchayat or district panchayat or any other
authority:
Provided
that if and so long as there is no village panchayat in any part of a panchayat
union, the panchayat union council shall exercise all the powers including the
power of taxation, discharge the duties, perform the functions and be credited
with the receipts and debited with the charges of the village panchayat, and
the chairman and the commissioner of the panchayat union council shall exercise
the powers, discharge the duties and perform the function of the president and
the executive authority, respectively, in such part of the panchayat
development block.
(3) Every panchayat union council shall be a body
corporate by the name of the panchayat union specified in the notification
issued under section 15, shall have perpetual succession and a common seal,
and, subject to any restriction or qualification imposed by or under this Act
or any other law, 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.
Section 17 - Composition and strength of panchayat union council
(1) A panchayat union council constituted for any
panchayat union, shall consist of?
(a) the elected members as notified under section 19;
(b) the members of the House of People and the members
of the State Legislative Assembly representing constituencies which comprise
wholly or partly of the panchayat union;
(c) the members of the Council of States who are
registered as electors within the panchayat union;
(d) such number of presidents of village panchayats
chosen in the manner specified under sub-section (2).
(2)
The
number of presidents to be elected to the panchayat union council shall be one
fifth of the total number of elected members as notified under section 19,
elected by such presidents in accordance with such procedure as may be
prescribed.
(3) The members of the House of People, the State
Legislative Assembly, the Council of States and the presidents of village
panchayats referred to in clauses (b), (c) and (d) of sub-section (1), shall be
entitled to take part in the proceedings of, and vote at the meetings of, the
panchayat union council.
Section 18 - Duration of panchayat union council
(1) Every panchayat union council unless sooner
dissolved shall continue for five years from the date appointed for its first
meeting after each ordinary election and no longer.
(2) Where a panchayat union council is dissolved before
the expiration of the said period of five years, election to reconstitute such
panchayat union council shall be completed in accordance with the provisions of
section 215 as soon as may be, and in any case, before the expiration of a
period of six months from the date of such dissolution:
Provided
that where a panchayat union council is dissolved within six months before the
expiration of the said period of five years it shall not be neccessary to hold
any election to such panchayat union council.
Section 19 - Election of members of panchayat union council
The
elected members of a panchayat union council shall consist of persons elected
from the wards in the panchayat union, as may be notified from time to time by
the Government at the rate of one member for every five thousand population of
the panchayat union area as ascertained in the last preceding census of which
the relevant figures have been published :
Provided
that no person shall be eligible to be elected under this Act as a member of
more than one panchayat union council.
Section 20 - Reservation of seats
(1) Seats shall be reserved for the persons belonging
to the Scheduled Castes and the Scheduled Tribes in every panchayat union
council and the number of seats so reserved shall bear as nearly as may be, the
same proportion to the total number of seats to be filled by direct election in
that panchayat union council as the population of the Scheduled Castes in that
panchayat union area or of the Scheduled Tribes in that panchayat union area bears
to the total population of that area:
Provided
that for the first election for the panchayat union council to be held
immediately after the commencement of this Act, the provisional population
figures of the panchayat union as published in relation to 1991 census shall be
deemed to be the population of that panchayat union.
(2)
Seats
shall be reserved for women belonging to the Scheduled Castes and the Scheduled
Tribes from among the seats reserved for the persons belonging to the Scheduled
Castes and the Scheduled Tribes which shall not be less than one-third of the
total number of seats reserved for the persons belonging to the Scheduled
Castes and the Scheduled Tribes.
(3) Seats shall be reserved for women in the panchayat
union council and the number of seats reserved for women shall not be less than
one-third (including the number of seats reserved for women belonging to the
Scheduled Castes and Scheduled Tribes) of the total number of seats in the
panchayat union council:
Provided
that such seats reserved for women shall be allotted by rotation to different
wards in such manner as the Inspector may, by notification, direct.
(4) The reservation of seats under sub-sections (1) and
(2) shall cease to have effect on the expiration of the period specified in
Article 334 of the Constitution.
Section 21 - Division of panchayat union into wards
(1) For the purpose of election of members to the
panchayat union council, the Inspector shall, after consulting the panchayat
union council, by notification, divide the panchayat union area into wards and
determine the number of members to be elected in accordance with such scale as
may be prescribed.
(2) Only one member shall be elected from each ward.
Section 22 - Term of office of members
(1) Except as otherwise provided in this Act, members
of the panchayat union council elected at an ordinary election, shall hold
office for a term of five years.
(2) The term of office of the members elected at an
ordinary election shall commence on the date appointed for the first meeting of
the panchayat union council after ordinary election.
(3) The member of a panchayat union council elected in
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.
Section 23 - Electoral roll for panchayat union council
(1) Subject to the provision of sub-section (2), the
electoral roll of the district panchayat for the time being in force for such
part of the panchayat union shall be deemed to be the electoral roll for such
panchayat union council.
(2) No amendment, transposition or deletion of any
entry in the electoral roll of the district panchayat made after last date for
making nominations for an election in any panchayat union council ward and
before the notification of the result of such election, shall form part of the
electoral roll for such election, for the purpose of this section.
(3) The Commissioner of panchayat union council shall
maintain in the prescribed manner, electoral roll for each ward in the
panchayat union.
Section 24 - Formation and incorporation of district panchayat
(1) The Government may, by notification, constitute for
each district with effect from such date as may be prescribed in the said
notification, a district panchayat having jurisdiction over the entire district
excluding such portions of the district as are included in a municipality or
town panchayat or industrial township or under the authority of a municipal
corporation or a cantonment.
(2) Every district panchayat shall be a body corporate
by the name of the district, shall have perpetual succession and a common seal
and subject to such restrictions as are imposed by 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, whether without or within the limits of the area over which it has
authority, of entering into contracts and of doing all things, necessary,
proper or expedient for the purpose for which it is constituted.
Section 25 - Constitution of district panchayat
(1) Every district panchayat shall consist of,--
(a) the elected members as determined under section 27;
(b) the members of the House of People and the members
of the State Legislative Assembly representing a part or whole of the district
whose constituencies lie within the district;
(c) the member of the Council of States who is
registered as elector within the district;
(d) such number of chairmen of panchayat union councils
chosen in the manners specified under sub-section (2)
(2)
The
number of chairmen to be elected to the district panchayat shall be one fifth
of the total number of elected members as determined under section 27 elected
by such chairmen in accordance with such procedure as may be prescribed.
(3) The members of the House of People, the State
Legislative Assembly, Council of States and the chairmen of panchayat union
councils referred to in clauses (b), (c) and (d) of sub-section (1), shall be
entitled to take part in the proceedings, and vote at the meeting of the
district panchayat.
Section 26 - Election of members
The
number of elected members of a district panchayat shall consist of persons
elected from the wards in the district panchayat, as may be notified from time
to time by the Government based on the population of the district as
ascertained at the last preceding census. :
Provided
that no person shall be eligible to be elected under this Act as member of more
than one district panchayat.
Section 27 - Determination of elected members after census
Upon
the publication of the figures for each census, the number of elected members
of a district panchayat shall be determined in accordance with such scale as
may be prescribed on the basis of the population of the district as ascertained
at the last preceding census:
Provided
that the determination of the members as aforesaid, shall not affect the then
composition of the district panchayat until the expiry of the term of office of
the elected members then in office:
Provided
further that for the first election to the district panchayat to be held
immediately after the commencement of this Act, the provisional population
figures of the district panchayat as published in relation to 1991 census,
shall be deemed to be the population of the district panchayat as ascertained
in that census.
Section 28 - Delimitation of territorial wards
The
Government shall, by notification,--
(a) divide the area, within the jurisdiction of every
district panchayat, for the purpose of election to such district panchayat into
as many single member territorial wards as the number of members required to be
elected under section 26;
(b) determine the extent of each territorial ward which
shall be a panchayat village or panchayat union or part of a panchayat village
or panchayat union; and
(c) determine the territorial ward or wards in which
seats are reserved for the Scheduled Castes, Scheduled Tribes and women.
Section 29 - Term of office of members
(1) Except as otherwise provided in this Act, members
of a district panchayat elected at an ordinary election, shall hold office for
a term of five years.
(2) The term of office of the members elected at an
ordinary election shall commence on the date appointed for the first meeting of
the district panchayat after ordinary election.
(3) The member of a district panchayat elected in a
casual vacancy, shall enter upon the 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.
Section 30 - Electoral roll for district panchayat
(1) The electoral roll of a district panchayat shall be
the same as the electoral roll of the Tamil Nadu Legislative Assembly prepared
and revised in accordance with the provisions of the law for the time being in
force in the district and as revised, modified, up-dated and published in
accordance with the provisions of sub-section (2).
(2) Subject to the superintendence, direction and
control of the State Election Commission, the electoral roll shall be revised,
modified, up-dated and published by such officer as may be designated by the
State Election Commission in this behalf in the prescribed manner.
(3) No amendment, transposition or deletion of any
entry in the electoral roll of the Tamil Nadu Legislative Assembly made after
the last date for making nomination for election in any district panchayat
territorial ward and before the notification of the result of such election,
shall form part of the electoral roll for such election, for the purpose of
this section.
Section 31 - Duration of district panchayat
(1) Every district panchayat constituted under this Act
unless sooner dissolved, shall continue for five years from the date appointed
for its first meeting after each ordinary election and no longer.
(2) Where a district panchayat is dissolved before the
expiration of the said period of five years, election to reconstitute such
district panchayat shall be completed as soon as may be, and in any case,
before the expiration of a period of six months from the date of such
dissolution:
Provided
that where a district panchayat is dissolved within six months before the
expiration of the said period of five years, it shall not be necessary to hold
any election to such district panchayat.
Section 32 - Reservation of seats
(1) Seats shall be reserved for the persons belonging
to the Scheduled Castes and the Scheduled Tribes in every district panchayat
and the number of seats so reserved shall bear as nearly as may be, the same proportion
to the total number of seats to be filled by direct election in that district
panchayat as the population of the Scheduled Castes in that district panchayat
area or of the Scheduled Tribes in that district panchayat area bears to the
total population of that area:
Provided
that for the first election for the district panchayat to be held immediately
after the commencement of this Act, the provisional population figures of the
district panchayat area as published in relation to 1991 census, shall be
deemed to be the population of that district panchayat area.
(2)
Seats
shall be reserved for women belonging to the Scheduled Castes and the Scheduled
Tribes from among the seats reserved for the persons belonging to the Scheduled
Castes and the Scheduled Tribes which shall not be less than one-third of the
total number of seats reserved for the persons belonging to the Scheduled
Castes and the Scheduled Tribes.
(3) Seats shall be reserved for women in the district
panchayat and number of seats reserved for women shall not be less than
one-third (including the number of seats reserved for women belonging to the
Scheduled Castes and the Scheduled Tribes) of the total number of seats in the
district panchayat:
Provided
that such seats reserved for women shall be alloted by rotation to different
territorial wards in such manner as the Government may, by notification,
direct.
(4)
The
reservation of seats under sub-sections (1) and (2) shall cease to have effect
on the expiration of the period specified in Article 334 of the Constitution.
(5)
Reservation
of seats under this section, section 11 and section 20, shall be made by the
Government or by any officer authorised by the Government in this behalf.
(6) While determining the number of seats in village
panchayats, Panchayat union councils and district panchayats under this
section, section 11, and section 20 for the purpose of reservation, any
fraction thereof shall be disregarded.
Section 33 - Qualification of candidates
No
person shall be qualified for election as a member or president or chairman of
a panchayat unless-
(i)
his name appears on the electoral roll of the concerned panchayat; and
(ii)
he has completed his twenty-first year of age.
Section 34 - Disqualification of officers and servants of Government and local bodies, etc.
(1) No Village Administrative Officer, or village
servant and no other officer or servant of the State or Central Government or
of a village panchayat, panchayat union council, district panchayat, municipal
council or the municipal corporation of Madras, or of Madurai or of Coimbatore
or of any other municipal corporation that may be constituted under any law for
the time being in force or of any industrial township or of cantonment or of
any body corporate, owned or controlled by the State or Central Government,
shall be qualified for election as a member or for holding office as a member.
(2) If any question arises either before or after an
election whether any person is or is not disqualified under this section, the
question shall be referred to the Government whose decision shall be final.
(3) Before taking any decision on any such question,
the Government shall obtain the opinion of the State Election Commission and
shall act according to such opinion.
Section 35 - Disqualification of persons convicted of election offences
Every
person convicted of an offence punishable under sections 58 to 71 of this Act
or under Chapter IX-A of the Indian Penal Code(Central Act XLV of 1860), or is
so disqualified by or under any law for the time being in force for the
purposes of election to the Legislative Assembly of the State or is
disqualified by or under any law for the time being in force, shall be
disqualified from voting or from being elected in any election to which this
Act applies or from holding the office of president or member of a village
panchayat or of the office of chairman or member of a panchayat union council
or a district panchayat, for a period of five years from the date of his
conviction.
Section 36 - Disqualification of voters
No
person who is of unsound mind and declared so by a competent court and no
person who is disqualified under section 35 shall be qualified to vote so long
as the disqualification subsists.
Section 37 - Disqualification of candidates
(1) A person who has been sentenced by a criminal court
to imprisonment for any offence involving moral delinquency (such sentence not
having been reversed) shall be disqualified for election as a member while
undergoing the sentence and for five years from the date of the expiration
thereof.
(2) A person convicted of an offence punishable under
the Protection of Civil Rights Act, 1955(Central Act XXII of 1955), shall be
disqualified for election as a member for a period of five years from the date
of such conviction.
(3) A person shall be disqualified for election as a
member if, at the last date for filing of nomination or at the date of election
he is-
(a) of unsound mind, or a deaf-mute:
(b) an applicant to be adjudicated as an insolvent or
an undischarged insolvent:
(c) interested in a subsisting contract made with or
any work being done for, any panchayat except as a share holder (other than a
director) in a company;
(d) employed as paid legal practitioner on behalf of
the panchayat or as legal practitioner against the panchayat:
(e) already a member of a panchayat, whose term of
office will not expire before his fresh election can take effect or has already
been elected as a member of a panchayat whose term of office has not yet
commenced: or
(f) in arrears of any kind due by him (otherwise than
in a fiduciary capacity) to a panchayat upto and inclusive of the previous
year.
Section 38 - Disqualification of members
Subject
to the provision of section 41, a member shall cease to hold office as such, if
he--
(a) is sentenced by a criminal court to such punishment
and for such offence as is described in sub-section (1) of section 37:
(b) is convicted of an offence punishable under the
Protection of Civil Rights Act, 1955(Central Act XXII of 1955):
(c) becomes of unsound mind or of deaf-mute:
(d) applies to be adjudicated, or is adjudicated, as an
insolvent:
(e) acquires any interest in any subsisting contract
made with or work being done for any panchayat except as a shareholder (other
than a director) in a company or except as permitted by rules made under this Act:
(f) is employed as paid legal practitioner on behalf of
any panchayat or accepts employment as legal practitioner against any
panchayat:
(g) is appointed as an officer or servant under this
Act:
(h) ceases to reside in the village, the panchayat
union or the district, as the case may be:
(i) fails to pay arrears of any kind due by him
(otherwise than in a fiduciary capacity) to any panchayat within three months
after such arrears became due: or
(j) absents himself from the meetings of the panchayat
for a period of three consecutive months reckoned from the date of the
commencement of his term of office, or of the last meeting which he attended,
or of his restoration to office as member under sub-section (1) of section 39,
as the case may be, or if within the said period, less than three meetings have
been held, absents himself from the three consecutive meetings held after the
said date:
Provided
that no meeting from which a member absented himself shall be counted against
him under this clause if-
(i)
due notice of that meeting was not given to him: or
(ii)
the meeting was held after giving shorter notice man that prescribed for an
ordinary meeting: or
(iii)
the meeting was held on a requisition of members.
Section 39 - Restoration of members to office
(1) Where a person ceases to be a member under section
35 or clause (a) or clause (b) of section 38, such person shall be restored to
office for such portion of the period for which such person was elected, as may
remain unexpired at the date of such restoration, if and when the conviction or
sentence is annulled on appeal or revision; and any person elected to fill the
vacancy in the interim, shall on such restoration, vacate office.
(2) Where a person ceases to be a member under clause
(j) of section 38, the executive authority or the commissioner or the chief
executive officer as the case may be, shall, at once intimate the fact in writing to
such person and report the same to the panchayat concerned at its next meeting.
If such person applies for restoration suo moto to the panchayat concerned on
or before the date of its next meeting or within fifteen days of the receipt by
him of such intimation, such panchayat may at the meeting next after the
receipt of such application restore him to his office of member:
Provided
that a member shall not be restored more than twice during his term of office.
Section 40 - Oath or affirmation to be made by members
(1) Notwithstanding anything contained in the Oaths
Act, 1969(Central Act X of 1969), every person who is elected to be a member or
who becomes a member shall, before taking his seat, make, at a meeting of the
panchayat an oath or affirmation in the following form, namely: -
"I,
A.B, having been elected a member/having become a member of this village
panchayat/panchayat union council/district panchayat do swear in the name of
God/solemnly affirm that I will bear true faith and allegiance to the
Constitution of India as by law established, that I will uphold the sovereignty
and integrity of India and that I will faithfully discharge the duty upon which
I am about to enter".
(2)
Any
person who, having been elected to be a member or who, having become a member,
fails to make within three months of the date on which his term of office
commences or at one of the first three meetings held after the said date,
whichever is later, the oath or affirmation laid down in sub-section (1), shall
cease to hold his office and his seat shall be deemed to have become vacant.
(3)
Any
person who has been elected to be a member or who has become a member shall not
take his seat at a meeting of the panchayat or do any act as such member unless
he has made the oath or affirmation as laid down in sub-section (1).
(4) Notwithstanding anything contained in sub-section
(3), the president or the chairman of a panchayat or the member of a committee
constituted under this Act, who has not made the oath or affirmation as a
member, shall be entitled to act as such president, chairman or member provided
he makes the oath or affirmation and takes his seat at the first meeting of the
panchayat which he attends within two months after he is elected or appointed
as, or becomes entitled to exercise the functions of, the president, chairman
or member, as the case may be.
Explanation.-
For the purposes of this section-
(i) 'president' includes a vice-president exercising
the functions of the president under sub-section (I) or sub-section (2) of
section 47 and the temporary president appointed under sub-section (3) of that
section; and
(ii) 'chairman' includes vice-chairman exercising the
functions of the chairman under sub-section (1) or sub-section (5) of section
54 or a revenue divisional officer who is ex-officio chairman under sub-section
(2) of that section.
Section 41 - Authority to decide questions of disqualification of members
(1) Whenever it is alleged that any person who has been
elected as a member of a panchayat or who becomes a member of a panchayat is
not qualified or has become disqualified under sections 33, 35, 37, 38 and 40,
the executive authority or the commissioner or the chief executive officer as
the case may be, shall, by notice in writing inform such member of the
allegation and place the matter at the next meeting of the panchayat concerned.
If before the date of the expiry of two months from the date of receipt of such
notice, such member does not apply to the prescribed judicial authority under
sub-section (2), he shall become not qualified or disqualified from such date
of expiry of the said two months.
(2) The executive authority or the commissioner or the
chief executive officer, as the case may be, if so directed by the panchayat or
by the State Election Commissioner, shall, or any such member or any other
member may apply to the prescribed judicial authority whose decision on such
allegation shall be final.
(3) Where an application has been made under
sub-section (2), the member shall, pending decision on such application be
entitled to act as if he is qualified or was not disqualified.
(4) Nothing contained in this section shall be deemed
to affect the provisions of section 39.
Section 42 - President and vice president of village panchayat
There
shall be a president and a vice-president for every village panchayat.
Section 43 - Election of president
(1) (a) The president shall be elected by the persons
whose names appear in the electoral roll for the village panchayat from among
themselves in accordance with such procedure as may be prescribed.
(b) If at an ordinary or casual election, no
president is elected, a fresh election shall be held:
Provided
that a person who stands for election as president shall not be elegible to
stand for election as a member:
Provided
further that a person who stands for election as a member shall not be eligible
to stand for election as president:
Provided
also that no member shall be eligible to stand for election as president.
(2)
The
election of the president may be held ordinarily at the same times and in the
same places as the ordinary elections of the members of the village panchayat.
(3)
The
term of office of the president who is elected at an ordinary election shall,
save as otherwise expressly provided in, be five years beginning at noon on the
day on which the ordinary vacancy occurs.
(4)
Any
casual vacancy in the office of the president shall be filled by a fresh
election and a person elected as president in any such vacancy shall enter upon
office forthwith and hold office only so long as the person in whose place he
is elected would have been entitled to hold office, if the vacancy had not
occurred.
(5)
Unless
the State Election Commissioner otherwise directs, no casual vacancy in the
office of the president shall be filled within six months before the date on
which the ordinary election of the president under sub-section (1) is due.
(6)
The
provisions of sections 34 to 41 (both inclusive), shall, as far as may be,
apply in relation to the office of the president as they apply in relation to
the office of an elected member of the panchayat.
(7) The president shall be an ex-officio member of the
village panchayat and shall have all the rights and privileges of an elected
member of the village panchayat.
Section 44 - Election of vice-president
(1) The vice-president shall be elected by the village
panchayat from among its elected members in accordance with such procedure as
may be prescribed.
(2) If at an election held under sub-section (1), no
vice-president is elected, a fresh election shall be held for electing a
vice-president.
Section 45 - Cessation of office as president and vice-president
The
president or vice-president shall cease to hold office as such-
(a) in the case of the president, on his becoming
disqualified for holding the office or on his removal from office or on the
expiry of his term of office or on his otherwise ceasing to be a president;
(b) in the case of the vice-president, on the expiry of
his term of office as a member or on his otherwise ceasing to be a member.
Section 46 - Functions of the president
(1) The president shall-
(a) convene the meetings of the village panchayat;
(b) have full access to the records of the village
panchayat;
(c) discharge all the duties specifically imposed and
exercise all the powers conferred on the president by this Act.
(2) No official correspondence between the village
panchayat and the Government shall be conducted except through the president.
The president shall be bound to transmit communications addressed through him
by the executive authority to the Government or by the Government to the
executive authority.
Section 47 - Devolution and delegation of president's functions and filling up of vacancies in the office of president
(1) When the office of president is vacant, the
vice-president shall exercise the functions of the president until a new
president is declared elected and assumes office.
(2) If the president has been continuously absent from
jurisdiction for more than thirty days or is incapacitated, his functions
during such absence or incapacity shall, except in such circumstances as may be
prescribed, devolve on the vice-president.
(3) When the office of president is vacant or the
president has been continuously absent from jurisdiction for more than thirty
days or is incapacitated 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 thirty days or is incapacitated, the functions of the president
shall devolve on a member of the village panchayat appointed by the Inspector
in this behalf, and if no member of the village panchayat is available for such
appointment, on such person as may be appointed by the Inspector in this
behalf.
The member of the village panchayat or the person
so appointed (who shall be called as the temporary president) shall perform the
functions of the president subject to such restrictions and conditions as may
be prescribed, until a new president or vice-president is declared elected and
assumes office, or either the president or the vice-president returns to
jurisdiction or recovers from his incapacity, as the case may be.
(4)
Any
vacancy in the office of president shall be reported to the State Election
Commissioner by such person and within such time as may be prescribed and the
State Election Commissioner shall arrange for the election of the president.
(5) The president shall have power to control and
revise the exercise or discharge of any functions devolving on the
vice-president under sub-section (2).
Section 48 - Delegation of functions of president
Subject
to such restrictions and control as may be prescribed, the president may by an
order in writing delegate any of his functions as such to the vice-president
and in the absence of the vice-president to any other member, provided that the
exercise or discharge of any functions so delegated shall be subject to such
further restrictions and conditions as may be laid down by the president and
shall also be subject to his control and revision:
Provided
that he shall not delegate any functions which the village panchayat expressly
prohibits him to delegate.
Section 49 - Chairman and vice-chairman of panchayat union council
There
shall be a chairman and a vice-chairman for every panchayat union council.
Section 50 - Election of chairman of panchayat union council
(1) The chairman shall be elected by the panchayat
union council from among its elected members in accordance with such procedure
as may be prescribed.
(2) If at an election held under sub-section (1), no
chairman is elected, a fresh election shall be held for electing a chairman.
Section 51 - Election of vice-chairman of panchayat union council
(1) The vice-chairman shall be elected by the panchayat
union council from among its elected members in accordance with such procedure
as may be prescribed.
(2) If at an election held under sub-section (1), no
vice-chairman is elected, a fresh election shall be held for electing a
vice-chairman.
Section 52 - Functions of the chairman
(1) The chairman shall-
(a) convene the meetings of the panchayat union
council, and
(b) discharge all the duties specifically imposed and
exercise all the powers conferred on the chairman by this Act and the rules
made thereunder.
(2) The chairman shall have full access to all the
records of the panchayat union council and no official correspondence between
the council and the Government shall be conducted except through the chairman.
The chairman shall be bound to transmit communications addressed through him by
the commissioner to the Government or by the Government to the commissioner.
Section 53 - Cessation of office of chairman and vice-chairman of a panchayat union council
The
chairman and vice-chairman shall cease to hold office as such-
(a) in the case of the chairman of a panchayat union
council on his becoming disqualified for holding the office or on Ms removal
from office or on the expiry of his term of office or on his otherwise ceasing
to be chairman or member of the panchayat union council;
(b) in the case of the vice-chairman, on the expiry of
his term of office as a member of the panchayat union council or on his
otherwise ceasing to be a member of the panchayat union council.
Section 54 - Devolution and delegation of chairman's functions and filling up of vacancies in the office of chairman
(1) When the office of chairman is vacant, the
vice-chairman shall exercise the functions of the chairman until a new chairman
assumes office.
(2) When the office of chairman is vacant and there is
either a vacancy in the office of vice-chairman, or the vice-chairman has been
continuously absent from jurisdiction for more than thirty days or is
incapacitated and until a new chairman or vice-chairman is elected and assumes
office, or the vice-chairman returns to jurisdiction or recovers from his
incapacity, as the case may be, the revenue divisional officer shall,
notwithstanding anything contained in this Act, or in the rules or notifications
issued thereunder, be ex-officio member and chairman of the panchayat union
council.
(3) An out-going chairman or vice-chairman is eligible
for re-election.
(4) The chairman may, by an order in writing, delegate
any of his functions to the vice-chairman:
Provided
that the shall not delegate any functions which the panchayat union council
expressly forbids him to delegate.
(5)
If
the chairman has been continuously absent from jurisdiction for more than
thirty days or is incapacitated, his functions during such absence or
incapacity shall, except in such circumstances as may be prescribed, devolve on
the vice-chairman.
(6) If the vice-chairman also has been continuously
absent from jurisdiction for more than thirty days or is incapacitated or if
the office of vice-chairman is vacant, the chairman may, by an order in
writing, delegate any of his functions to any member of the panchayat union
council who shall be called "chairman delegate" during the period of
delegation:
Provided
that-
(i) when an order of delegation made under this
sub-section is in force, no further orders of delegation of any function shall
be made in favour of any member 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 panchayat union council; and
(iii) every order made under this sub-section shall be
communicated to the panchayat union council at its next meeting.
(7) The exercise or discharge of any functions
delegated under this section shall be subject to such restrictions, limitations
and conditions as may be laid down by the chairman.
Section 55 - Chairman and vice-chairman of district panchayat
There
shall be a chairman and a vice-chairman for every district panchayat.
Section 56 - Election of chairman and vice-chairman of district panchayat
(1) The elected members of the district panchayat shall
as soon as may be, elect two members from among themselves, to be respectively
the chairman and vice-chairman.
(2) The provisions of sections 52, 53 and 54 shall as
far as may be, apply in relation to the office of the chairman and
vice-chairman of district panchayat, as they apply in relation to the office of
the chairman and vice-chairman of panchayat union council and any reference to
panchayat union council or commissioner in the said sections shall be deemed to
be a reference to the district panchayat or chief executive officer as the case
may be, in so far as it applies to the office of chairman and vice-chairman of
district panchayat.
Section 57 - Reservation of seats in the office of president, chairman, etc.
(1) Office of the presidents of village panchayats,
chairmen of panchayat union councils and chairmen of district panchayats, shall
be reserved for the persons belonging to the Scheduled Castes and the Scheduled
Tribes and the number of seats so reserved shall bear as nearly as may be, the
same proportion to the total number of offices in the State as the population
of the Scheduled Castes in the State or the Scheduled Tribes in the State bear
to the total population of the State:
Provided
that not less than one third of the total number of office of the presidents of
village panchayats, chairmen of the panchayat union councils and the chairmen
of district panchayats in the State, shall be reserved for women:
Provided
further that the offices reserved under this section, shall be allotted by
rotation to different panchayats at each level in such mariner as may be
prescribed.
(2)
Reservation
of the offices of the presidents of village panchayats, chairmen of panchayat
union councils and chairmen of district panchayats, shall be made by the
Government or by any officer authorised by the Government in this behalf.
(3)
The
reservation of the offices of presidents of the village panchayats, chairmen of
the panchayat union councils and chairmen of the district panchayats made under
sub-section (1) in respect of the persons belonging to the Scheduled Castes and
the Scheduled Tribes shall cease to have effect on the expiration of the period
specified in Article 334 of the Constitution.
(4) While determining the number of offices of
presidents of village panchayats, chairmen of panchayat union councils and
chairmen of district panchayats, under sub-section (1) for the purpose of
reservation, any fraction thereof shall be disregarded.
Section 58 - Infringement of secrecy of election
Every
officer, clerk, agent or other person performing any duty in connection with
the recording or counting of votes at an election who, except for some purpose
authorised by law, communicates to any person any information showing directly
or indirectly for which candidate any voter has voted, and every person who by
any improper means, procures any such information, shall be punished with
imprisonment which may extend to six months or with fine, or with both.
Section 59 - Minimum penalty for personation at an election
Notwithstanding
anything contained in section 171-F of the Indian Penal Code(Central Act XLV of
1860), any person who in connection with an election under this Act commits an
offence of personation punishable under that section shall be punishable with
imprisonment for a term which shall not be less than six months and not more than
two years and with fine.
Section 60 - Promoting enmity between classes in connection with election
Any
person who in connection with an election under this Act promotes or attempts
to promote on grounds of religion, race, caste, community or language, feelings
of enmity or hatred between different classes of the citizens of India shall be
punishable with imprisonment for a term which may extend to three years or with
fine, or with both.
Section 61 - Prohibition of public meetings on the day preceding the election day and on the election day
(1) No person shall convene, hold or attend any public
meeting in any local area comprised in a panchayat within forty-eight hours
before the date of termination of the poll or on the date or dates on which a poll
is taken for an election in that panchayat.
(2) Any person who contravenes the provisions of
sub-section (1) shall be punishable with fine which may extend to two hundred
and fifty rupees.
Section 62 - Disturbances at election meeting
(1) Any person who at a public meeting to which this
section applies acts or incites others to act, in a disorderly manner for the
purpose of preventing the transaction of the business for which the meeting was
called shall be punishable with fine which may extend to two hundred and fifty
rupees.
(2) This section applies to any public meeting of a
political character held in any local area comprised in a panchayat between the
earliest date for making nomination of candidates for an election and the date
in which such election is held.
(3) If any police officer reasonably suspects any
person of committing an offence under sub-section (1), he may, if requested so
to do by the chairman of the meeting, require that person to declare to him
immediately his name and address and, if that person refuses or fails so to
declare his name and address, or if the police officer reasonably suspects him
of giving a false name or address, the police officer may arrest him without
warrant.
Section 63 - Restrictions on printing of pamphlets, posters, etc.
(1) No person shall print or publish or cause to be
printed or published, any election pamphlet or poster which does not bear on
its face the names and address of the printer and the publisher thereof.
(2) No person shall print or cause to be printed any election
pamphlet or poster-
(a) unless a declaration as to the identity of the
publisher thereof signed by him and attested by two persons to whom he is
personally known, is delivered by him to the printer in duplicate: and
(b) unless, within a reasonable time, after the
printing of the document, one copy of the declaration is sent by the printer
together with one copy of the document to the executive authority or
commissioner or the chief executive officer, as the case may be.
(3) For the purposes of this section?
(a) any process for multiplying copies of a document,
other than copying it by hand, shall be deemed to be printing and the
expression 'printer' shall be construed accordingly; and
(b) "election pamphlet or poster" means any
printed pamphlet, hand-bill or other document distributed for the purpose of
promoting or prejudicing the election of a candidate or group of candidates or
any placard or poster having reference to an election, but does not include any
hand-bill, placard or poster merely announcing the date, time, place and other
particulars of an election meeting or routine instructions to election agents
or workers.
(4) Any person who contravenes any of the provisions of
sub-section (1) or sub-section (2) shall be punishable with imprisonment for a
term which may extend to six months, or with fine which may extend to two
thousand rupees, or with both.
Section 64 - Officers, etc, at elections not to act for candidates or to influence voting
(1) No person who is a returning officer, or an
assistant returning officer or a presiding or polling officer at an election,
or an officer or clerk appointed by the returning officer or the presiding
officer to perform any duty in connection with an election shall in the conduct
or the management of the election do any act (other than the giving of vote)
for the furtherance of the prospects of the election of a candidate.
(2) No such person as aforesaid, and no member of the
police force, shall endeavour-
(a) to persuade any person to give his vote at an
election, or
(b) to dissuade any person from giving his vote at an
election, or
(c) to influence the voting of any person at an
election in any manner.
(3) Any person who contravenes the provisions of
sub-section (1) or sub-section (2) shall be punishable with imprisonment for a
term which may extend to six months or with fine, or with both.
Section 65 - Prohibition of canvassing in or near polling stations
(1) No person shall, on the date or dates on which a
poll is taken at any polling station, commit any of the following acts within
the polling station or in any public or private place within a distance of one
hundred metres of the polling station, namely: -
(a) canvassing for votes; or
(b) soliciting the vote of any elector; or
(c) persuading any elector not to vote for any
particular candidate; or
(d) persuading any elector not to vote at the election;
or
(e) exhibiting any notice or sign (other than an
official notice) relating to the election.
(2)
Any
person who contravenes the provisions of sub-section (1) shall be punishable
with fine which may extend to two hundred and fifty rupees.
(3) An offence punishable under this section shall be
cognizable.
Section 66 - Penalty for disorderly conduct in or near polling stations
(1) No person shall, on the date or dates on which a
poll is taken at any polling station.,-
(a) use or operate within or at the entrance of the
polling station, or in any-public or private place in the neighbourhood
thereof, any apparatus for amplyfying or reproducing the human voice, such as a
megaphone or a loudspeaker, or
(b) shout, or otherwise act in a disorderly manner
within or at the entrace of the polling station or in any public or private
place in the neighbourhood thereof, so as to cause annoyance to any person visiting the
polling station for the poll, or so as to interfere with the work of the
officers and other persons on duty at the polling station.
(2) Any person who contravenes, or wilfully aids or
abets the contravention of the provisions of sub-section (1) shall be
punishable with imprisonment for a term which may extend to three months or
with fine, or with both.
(3)
If
the polling officer of a polling station has reason to believe that any person
is committing or has committed an offence punishable under this section, he may
direct any police officer to arrest such person, and thereupon the police
officer shall arrest him.
(4) Any police officer may take such steps, and use
such force, as may be reasonably necessary for preventing any contravention of
the provisions of sub-section (1) and may seize any apparatus used for such contravention.
Explanation.--
In this section, the expression "polling officer" means the polling
officer of a polling station or if there is a presiding officer at the polling
station, such presiding officer.
Section 67 - Penalty for misconduct at the polling station
(1) Any person who during the hours fixed for the poll
at any polling station misconducts himself or fails to obey the lawful
directions of the polling officer may be removed from the polling station by
the polling officer or by any police officer on duty or by any person
authorised in this behalf by such polling officer.
(2) The powers conferred by sub-section (1) shall not
be exercised so as to prevent any elector who is otherwise entitled to vote at
a polling station from having opportunity of voting at that polling station.
(3) If any person who has been so removed from a
polling station re-enters the polling station without the permission of the
polling officer, he shall be punishable with imprisonment for a term which may
extend to three months or with fine, or with both.
(4) An offence punishable under sub-section (3) shall
be cognizable.
Explanation.--
In this section, the expression "polling officer" has the same
meaning as in section 66.
Section 68 - Penalty for illegal hiring or procuring of conveyance at elections
(1) No candidate or his agent or any other person with
the consent of a candidate or his agent shall hire or procure whether on
payment or otherwise any vehicle or vessel for the conveyance of any elector
(other than the candidate himself, the members of his family or his agent) to
or from any polling station:
Provided
that nothing in this sub-section shall apply to--
(a) the hiring of a vehicle or vessel by an elector or
several electors at their joint cost for the purpose of conveying him or them
to or from the polling station, if the vehicle or vessel so hired is a vehicle
or vessel not propelled by mechanical power; and
(b) the use of any public transport vehicle or vessel
or any railway carriage by any elector at his own cost for the purpose of going
to or coming from the polling station.
Explanation.--
In this sub-section, the expression "vehicle" means any vehicle used
or capable of being used for the purpose of road transport whether propelled by
mechanical power or otherwise and whether used for drawing other vehicles or
otherwise.
(2) Any person who contravenes the provisions of
sub-section (1) at or in connection with an election shall be punishable with
fine which may extend to two hundred and fifty rupees.
Section 69 - Breaches of official duty in connection with election
(1) If any person to whom this section applies is
without reasonable cause guilty of any act or omission in breach of his
official duty, he shall be punishable with fine which may extend to five
hundred rupees.
(2) No suit or other legal proceedings shall lie
against any such person for damages in respect of any such act or omission as
aforesaid.
(3) The persons to whom this section applies are the
returning officers, assistant returning officers, presiding officers, polling
officers and any other person appointed to perform any duty in connection with
the receipt of nominations or withdrawal of candidatures, or the recording or
counting of votes at an election; and the expression "official duty"
shall for the purpose of this section be construed accordingly, but shall not
include duties imposed otherwise than by or under this Act.
Section 70 - Removal of ballot papers from polling station to be an offence
(1) Any person who at any election fraudulently takes,
or attempts to take, a ballot paper out of the polling station, or wilfully
aids or abets the doing of any such act, shall be punishable with imprisonment
for a term which may extend to one year or with fine which may extend to five
hundred rupees, or with both.
(2) If the presiding officer of a polling station has
reason to believe that any person is committing or has committed an offence
punishable under sub-section (1), such officer may, before such person leaves
the polling station, arrest or direct a police officer to arrest such person
and may search such person or cause him to be searched by a police officer:
Provided
that when it is necessary to cause a woman to be searched, the search shall be
made by another woman with strict regard to decency.
(3)
Any
ballot paper found upon the person arrested on search shall be made over for
safe custody to a police officer by the presiding officer or when the search is
made by a police officer, shall be kept by such officer in safe custody.
(4) An offence punishable under sub-section (1) shall
be cognizable.
Section 71 - Other offences and penalties therefor
(1) No person at an election shall?
(a) fraudulently deface or fraudulently destroy any
nomination paper; or
(b) fraudulently deface, destroy or remove any list, notice
or other document affixed by or under the authority of a returning officer; or
(c) fraudulently deface or fraudulently destroy any
ballot paper or the official mark on any ballot paper; or
(d) without due authority supply any ballot paper to
any person or receive any ballot paper from any person or be in possession of
any ballot paper; or
(e) fraudulently put into any ballot box anything other
than the ballot paper which he is authorised by law to put in; or
(f) without due authority destroy, take, open or otherwise
interfere with any ballot box or ballot paper then in use for the purpose of
the election; or
(g) fraudulently or without due authority, as the case
may be, attempt to do any of the foregoing acts or wilfully aid or abet the
doing of any such acts.
(2)
Any
person who contravenes the provisions of sub-section (1) shall?
(a) if he is a returning officer or an assistant
returning officer or a presiding officer at a polling station or any other
officer or clerk employed on official duty in connection with the election, be
punishable with imprisonment for a term which may extend to two years or with
fine, or with both;
(b) if he is any other person, be punishable with
imprisonment for a term which may extend to six months or with fine, or with
both.
(3)
For
the purposes of this section, a person shall be deemed to be on official duty
if his duty is to take part in the conduct of an election or part of an
election including the counting of votes or to be responsible after an election
for the used ballot papers and other documents in connection with such
election, but the expression "official duty" shall not include any
duty imposed otherwise than by or under this Act.
(4) An offence punishable under clause (b) of
sub-section (2) shall be cognizable.
Section 72 - Cognizance of certain election offences
No
court shall take cognizance of any offence punishable under section 64 or under
section 69 or under clause (a) of sub-section (2) of section 71 except on
complaint in writing made by order of, or under authority from, the Government.
Section 73 - Requisitioning of premises, vehicles, etc., for election purposes
(1) If it appears to the Government, that in connection
with an election under this Act?
(a) any premises other than residential buildings
actually occupied are needed or likely to be needed for the purpose of being
used as a polling station or for the storage of ballot boxes after a poll has
been taken, or
(b) any vehicle, vessel or animal is needed or is
likely to be needed for the purpose of transport of ballot boxes to or from any
polling station, or transport of members of the police force for maintaining
order during the conduct of such election or transport of any officer or other
person for performance of any duty in connection with such election, the
Government may, by order in writing, requisition such premises, or such
vehicle, vessel or animal, as the case may be and may make such further orders
as may appear to them to be necessary or expedient in connection with the
requisitioning:
Provided
that no vehicle, vessel or animal which is being lawfully used by a candidate
or his agent for any purpose connected with the election of such candidate
shall be requisitioned under this sub-section until the completion of the poll
at such election.
(2) The requisition shall be effected by an order in
writing addressed to the person deemed by the Government to be the owner or
person in possession of the property, and such order shall be served on the
person to whom it is addressed.
(3)
Whenever
any property is requisitioned under sub-section (1), the period of such
requisition shall not extend beyond the period for which such property is
required for any of the purposes mentioned in that sub-section.
(4) In this section-
(a) 'premises' means any land, building or part of a
building and includes a hut, shed or other structure or any part thereof;
(b) vehicle' means any vehicle used or capable of being
used for the purpose of road transport, whether propelled by mechanical power
or otherwise.
Section 74 - Payment of amount
(1) Whenever in pursuance of section 73, the Government
requisition any premises, the persons interested, shall be paid by the
Government, an amount which shall be determined by the Government by taking
into consideration the following, namely:-
(i) ???the
rent payable in respect of the premises or if no rent is so payable the rent
payable for similar premises in the locality:
Provided
that the rent payable in respect of the premises to which the provisions of the
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960(Tamil Nadu Act 18 of
1960) apply shall be the fair rent payable for the premises under that Act.
(ii) ??If in
consequence of the requisition of the premises, the person interested is
compelled to change his residence or place of business, the reasonable expenses
if any, incidental to such change:
Provided
that where any person interested, being aggrieved by the amount so determined
makes an application to the Government within one month from the date of
service of the order determining the amount, for referring the matter to an
arbitrator, the amount to be paid shall be such as the arbitrator appointed by
the Government may determine:
Provided
further that where there is any dispute as to the title to receive the amount
or as to the apportionment of the amount, it shall be referred by the
Government to an arbitrator appointed in this behalf by the Government for
determination and shall be determined in accordance with the decision of such
arbitrator.
Explanation:--
In this sub-section, the expression "person interested" means the
person who was in actual possession of the premises requisitioned under section
73 immediately before the requisition, or where no person was in such actual
possession, the owner of such premises.
(2) Whenever in pursuance of section 73, the Government
requisition any vehicle, vessel or animal, there shall be paid by the
Government to the owner thereof an amount which shall be determined by the
Government on the basis of the fares or rates prevailing in the locality for
the hire of such vehicle, vessel or animal:
Provided
that where the owner of such vehicle, vessel or animal being aggrieved by the
amount so determined makes an application to the Government within one month
from the date of service of the order determining the amount for referring the
matter to an arbitrator, the amount to be paid shall be such sum as the
arbitrator appointed in this behalf by the Government may determine:
Provided
further that where immediately before the requisitioning, the vehicle or vessel
was by virtue of a hire purchase agreement in the possession of a person other
than the owner, the total amount determined under this sub-section payable in
respect of the requisition shall be apportioned between that person and the
owner in such manner as they may agree upon, and in default of agreement, in
such manner as an arbitrator appointed by the Government in this behalf may
decide.
Section 75 - Power to obtain information
The
Government may, with a view to requisitioning any property under section 73 or
determining the amount payable under section 74, by order, require any person
to furnish to such authority as may be specified in the order such information
in his possession relating to such property as may be so specified.
Section 76 - Power of entry into and inspection of premises, etc.
(1) Any person authorised in this behalf by the
Government may enter into any premises and inspect such premises and any
vehicle, vessel or animal therein for the purpose of determining whether and if
so in what manner, an order under section 73 should be made in relation to such
premises, vehicle, vessel or animal or with a view to securing compliance with
any order made under that section.
(2) In this section, the expressions 'premises' and
'vehicle' shall have the same meaning as in section 73.
Section 77 - Eviction from requisitioned premises
(1) Any person remaining in possession of any
requisitioned premises in contravention of any order made under section 73 may
be summarily evicted from the premises by any officer empowered by the
Government in this behalf.
(2) Any officer so empowered may, after giving to any
woman not appearing in public, reasonable warning and facility to withdraw,
remove or open any lock or bolt or break open any door of any building or do
any other act necessary for effecting such eviction.
Section 78 - Release of premises from requisition
(1) When any premises requisitioned under section 73
are to be released from requisition, the possession thereof shall be delivered
to the person from whom possession was taken at the time when the premises were
requisitioned, or if there were no such person, to the person deemed by the
Government to be the owner of such premises and such delivery of possession
shall be a full discharge of the Government from all liabilities in respect of
such delivery, but shall not prejudice any rights in respect of the premises
which any other person may be entitled by due process of law to enforce against
the person to whom possession of the premises is so delivered.
(2) Where the person to whom possession of any premises
requisitioned under section 73 is to be given under sub-section (1) cannot be
found or is not readily ascertainable or has no agent or any other person
empowered to accept delivery on his behalf, the Government shall cause a notice
declaring that such premises are released from requisition to be affixed on
some conspicuous part of such premises and publish the notice in the District
Gazette concerned.
(3) When a notice referred to in sub-section (2) is
published in the District Gazette, the premises specified in such notice shall
cease to be subject to requisition on and from the date of such publication and
be deemed to have been delivered to the person entitled to possession thereof,
and the Government shall not be liable for any claim in respect of such
premises for any period after the said date.
Section 79 - Delegation of function of the Government with regard to requisitioning
The
Government may, by notification, direct that any power conferred or any duty
imposed on the Government by any of the provisions of sections 73 to 78 shall,
under such conditions, if any, as may be specified in the direction, be
exercised or discharged by such officer or class of officers as may be so
specified.
Section 80 - Penalty for contravention of any order of requisitioning
If
any person contravenes any order made under section 73 or section 75, he shall
be punishable with imprisonment for a term which may extend to one year or with
fine, or with both.
Section 81 - Rights of individual member
(1) Any member may call the attention of the executive
authority or the commissioner or the chief executive officer, as the case may
be, to any neglect in the execution of panchayat work, to any waste of panchayat
property or to the wants of any locality, and may suggest any improvement which
may appear desirable.
(2) Every member shall have the right to move
resolutions and to interpellate the president or chairman on matters connected
with the administration of the panchayat, subject to such rules as may be
prescribed.
(3) Every member shall have access during office hours
to the records of the panchayat after giving due notice to the executive
authority or commissioner or the chief executive officer, provided that the
executive authority or commissioner or the chief executive officer may, for
reasons recorded in writing, forbid such access.
Section 82 - No president, vice-president, chairman, vice-chairman or member to receive remuneration
No
president, vice-president, chairman, vice-chairman or member shall receive, or
be paid from the funds at the disposal of or under the control of the
panchayat, any salary or other remuneration for services rendered by him
whether in his capacity as such or in any other capacity.
Section 83 - Executive authority of village panchayat
In
the case of every village panchayat, there shall be appointed by the Government
a secretary, subject to such rules as may be prescribed, to perform the
functions of the executive authority.
Section 84 - Functions of executive authority
The
executive authority shall,--
(a) carry into effect the resolutions of the village
panchayat:
Provided
that where the president considers that a resolution has not been legally
passed or is in excess of the powers conferred by this Act or that, if carried
out, it is likely to endanger human life or health or the public safety, the
executive authority shall refer the matter to the Government for orders and
their decision shall be final;
(b) control all the officers and servants of the
village panchayat;
(c) discharge all the duties specifically imposed and
exercise all the powers conferred on the executive authority and subject to all
restrictions and conditions imposed, by or under this Act, exercise the
executive power for the purpose of carrying out the provisions of this Act and
be directly responsible for the due fulfilment of the purposes thereof.
Section 85 - Commissioner
(1) A commissioner shall be appointed by the Government
in the case of each panchayat union council. Such commissioner shall ordinarily
be the Development Officer appointed in pursuance of the National Extension
Service Scheme of Community Development for the panchayat development block.
(2) No recovery shall be made from the panchayat union
council towards the salary and allowances paid to any commissioner or towards
his leave allowances, pension and provident fund.
(3) The Government shall have power to regulate the
method of recruitment, conditions of service, pay and allowances and discipline
and conduct of the commissioner appointed under sub-section (1).
(4) The commissioner shall-
(a) have the right to attend the meetings of the
panchayat union council or of any committee thereof and take part in the
discussions thereat, but without the right to move any resolution or to vote;
(b) attend any meeting of the panchayat union council
or of any committee thereof if required to do so by the chairman;
(c) carry into effect the resolutions of the panchayat
union council;
(d) furnish to the panchayat union council such
periodical reports regarding the progress made in carrying out the resolutions
of that body and in the collection of taxes as the council may direct;
(e) control all the officers and servants of the
panchayat union council;
(f) perform all the duties specifically imposed and
exercise all the powers conferred on the commissioner by this Act and subject,
whenever it is hereinafter expressly so provided, to the sanction of the
panchayat union council 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 fulfilment of the purposes of this Act.
(5) Notwithstanding anything contained in sub-section
(2) of section 16 and subject to all other provisions of this Act and the rules
made thereunder, the panchayat union council shall have power to issue such
specific directions as it may think fit regarding the performance by the
commissioner of any of the functions assigned to him under this Act:
Provided
that where such directions relate to any National Extension Service Scheme of
Community Development or any other scheme specially entrusted by the Government
to the panchayat union council, the directions issued by the council shall be
in conformity with the terms and conditions of such entrustment.
(6) Subject to any directions given or restrictions
imposed by the Government or the panchayat union council, the commissioner may,
by an order in writing, delegate any of his functions to any officer or servant
of the panchayat union council or to any servant of the Government. The
exercise or discharge of any functions so delegated shall be subject to such
restrictions, limitations and conditions as may be laid down by the
commissioner and shall also be subject to his control and revision.
Section 86 - Emergency powers of executive authority and commissioner
The
executive authority or the commissioner may in cases of emergency direct the
execution of any work or the doing of any act which requires the sanction of
the village panchayat or the panchayat union council, as the case may be, and
the immediate execution or doing of which is, in his opinion, necessary for the
health or safety of the public, and may direct that the expenses of executing
such work or doing such act shall be paid from the Village Panchayat Fund or
the Panchayat Union Fund, as the case may be:
Provided
that-
(a) he shall not act under this section in
contravention of any order of the village panchayat or the panchayat union
council prohibiting the execution of any particular work or the doing of any
particular act, and
(b) he shall report the action taken under this section
and the reasons therefor to the village panchayat or the panchayat union
council at its next meeting.
Section 87 - Chief executive officer
(1) The Government shall appoint an officer not below
the rank of Joint Director of Rural Development as chief executive officer of
the district panchayat.
(2) The Government shall have power to regulate the
method of recruitment and conditions of service, pay and allowances and
discipline and conduct of the chief executive officer appointed under
sub-section (1).
Section 88 - Functions, powers and duties of chief executive officer
(1) The chief executive officer shall?
(a) exercise all the powers specially imposed or
conferred upon him by or under this Act or under any other law for the time
being in force;
(b) supervise and control the execution of all works of
the district panchayat, and have the right to attend meetings of the district
panchayat or any committee thereof and take part in the discussions thereat,
but without the right to move any resolution or to vote;
(c) attend any meeting of the district panchayat or any
committee thereof if required to do so by the chairman;
(d) carryout the resolutions of the district panchayat;
(e) furnish to the district panchayat such periodical
reports regarding the progress made in carrying out the resolutions of that
body and in the collection of taxes as the council may direct;
(f) control the officers and servants of the district
panchayat;
(g) exercise such other powers and discharge such other
functions as may be prescribed.
(2)
Notwithstanding
anything contained in sub-section (1) the district panchayat shall have power
to issue such specific direction as it may think fit regarding the performance
by the chief executive officer of any of the functions assigned to him under
this Act.
(3)
Subject
to any directions given or restrictions imposed by the Government or the
district panchayat, the chief executive officer may, by an order in writing,
delegate any of his functions to any officer or servant of the district
panchayat or to any servant of the Government. The exercise or discharge of any
function so delegated shall be subject to such restrictions, limitations and
conditions as may be laid down by the chief executive officer and shall also be
subject to his control and revision.
(4) The chief executive officer shall within fifteen
days from the date of the meeting of the district panchayat or of any of its
committee, submit to the Government every resolution of the district panchayat
or any of its committee which in his opinion is inconsistent with the
provisions of this Act, or any other law and it shall not implement such
resolution otherwise than as decided by the Government.
Section 89 - Presidency at meetings of panchayat
(1) Even' meeting of a panchayat shall be presided over
by the president or the chairman, as the case may be and, in his absence by the
vice-president or vice-chairman, as the case may be, and in the absence of the
president, chairman, vice-president and vice-chairman, by a member chosen by
the members present at the meeting to preside for the occasion.
(2) The president or the chairman, as the case may be,
shall preserve order and decide all points of order arising at or in connection
with meetings. There shall be no discussion on any point of order and the
decision of the president or chairman, as the case may be, on any point of
order shall be final.
(3) A vice-president, a vice-chairman or member
presiding for the occasion shall, for that meeting and during the period he
presides over it, have all the powers of the president or chairman, as the case
may be.
Section 90 - Meetings of panchayat
Every
panchayat shall meet at such times and places and shall, subject to the
provisions of section 89, observe such rules of procedure in regard to
transaction of business at its meetings (including the quorum at meetings) as
may be prescribed:
Provided
that not more than sixty days shall elapse between any two meetings of the
panchayat.
Section 91 - Members when to abstain from taking part in discussion and voting
(1) No member shall vote on, or take part in the
discussion of, any question coming up for consideration at a meeting of the
panchayat or any committee if the question is one in which, apart from its
general application to the public he has any direct or indirect pecuniary
interest by himself or his partner.
(2) The president or chairman, as the case may be, may
prohibit any member from voting or taking part in the discussion of any matter
in which he believes such member to have such interest, or he may require such
member to absent himself during the discussion.
(3) Such member may challenge the decision of the
president or chairman, who shall thereupon put the question to the meeting. The
decision of the meeting shall be final.
(4) If the president or chairman is believed by any
member present at the meeting to have any such pecuniary interest in any matter
under discussion, he may, if a motion to that effect is carried, be required to
absent himself from the meeting during such discussion.
(5) The member concerned shall not be entitled to vote
on the question referred to in sub-section (3) and the president or chairman
concerned shall not be entitled to vote on the motion referred to in
sub-section (4).
Explanation.-The
terms "president" and "chairman" in this section include a
vice-president, vice-chairman or member presiding for the occasion.
Section 92 - Minutes of proceedings
A
copy of the minutes of the proceedings of every meeting of a panchayat as well
as of all minutes of dissent in respect of such proceedings received from any
member present at the meeting, within forty eight hours of the close thereof,
shall be submitted by the president or chairman, as the case may be, within
three days of the date to the meeting to the Inspector:
Provided
that the Inspector may direct that such minutes shall be submitted either
generally or in any specified classes of cases to any officer empowered by him
in this behalf.
Section 93 - Power of panchayat to call for records
A
panchayat may require the executive authority or the commissioner or the chief
executive officer as the case may be, to produce any document which is in his
custody and he shall, subject to such rules as may be prescribed, comply with
every such requisition.
Section 94 - Proceedings of panchayat and committees
(1) The proceedings of every panchayat, and of all
committees thereof shall be governed by such rules as may be prescribed and by
regulations, not inconsistent with such rules or the provisions of this Act,
made by the panchayat with the approval of the Inspector.
(2) The Inspector may remit for reconsideration and
re-submission any regulation or part thereof to the panchayat:
Provided
that it shall be competent for the Inspector to add to, omit or alter any regulation
which contravenes the provisions of this Act or the rules made thereunder.
Section 95 - Appointment of joint committees
(1) A panchayat may, and if so required by the
Inspector, shall, join with one, or more than one, other local authority in
constituting a joint committee for any purpose for which they are jointly
responsible.
(2) The consititution, powers and procedure of a joint
committee and the method of settling differences of opinion arising in
connection with the committee between the local authorities concerned shall be
in accordance with such rules as may be prescribed.
Section 96 - Committees
(1) (a) There shall be an Appointments Committee for
every panchayat union, which shall be composed of the chairman of the panchayat
union council, the commissioner and one member elected annually by the
panchayat union council. The chairman of the panchayat union council shall be
the chairman of the committee. Subject to the provisions of section 102 and to
such rules as may be made by the Government in this behalf, appointments to all
posts under the panchayat union council, the pay of which is debitable to the
funds of the panchayat union council shall be made with the prior approval of
the committee.
(b) (i) There shall be an
Agriculturtal Production Committee for every panchayat union, which shall be
composed of the chairman of the panchayat union council who shall be the
chairman of that committee, the commissioner and three persons nomintated by
the panchayat union council.
(ii)
No person shall be nominated under sub-clause (i), if-
(A) he is not a member of the panchayat union council;
or
(B) in the opinion of the panchayat union council, he
does not possess adequate knowledge of, and experience in, agriculture.
(c) There shall be an Education Committee and a
General Purposes Committee in every panchayat union. The panchayat union
council may, and if so required by the Government, shall appoint such other
committees as may be necessary for the efficient performance of its duties and
functions under this Act. Each of the committee constituted under this clause
shall consist of such number of members as may be specified by the council and
shall include the chairman ex-offlcio. The members of each committee
constituted under this clause, other than the chairman, shall be elected by the
panchayat union council from among its elected members.
(2) Subject to such rules, as may be made by the
Government in this behalf, the panchayat union council shall have power, by
regulations made from time to time, to determine the powers and duties of every
committee constituted under sub-section (1).
Section 97 - Standing committees
(1) (a) For the purpose of assisting the district
panchayat in exercising such of its powers, discharging such of its duties and
performing such of its functions specified under this Act, a district panchayat
may constitute standing committees for dealing with?
(i) food and agriculture;
(ii) industries and labour;
(iii) public works;
(iv) education;
(v) health and welfare including prohibition;
(b) a district panchayat may constitute additional
standing committees for such purposes as it thinks fit.
(2)
Each
standing committee shall consist of such number of persons not exceeding five
including the chairman as specified by the district panchayat and elected by
the district panchayat from among its elected members.
(3)
The
chairman of the district panchayat shall be the ex-officio member in all the
standing committees constituted by the district panchayat.
(4)
Each
standing committee shall elect its own chairman from among its members who are
elected members of the district panchayat.
(5)
No
member of the district panchayat shall be eligible to serve on more than two
standing committees.
(6) The chief executive officer shall nominate one of
the officers under his control as ex officio secretary for each of the standing
committees. The chief executive officer shall be entitled to attend the
meetings of all the standing committees.
Section 98 - Administration reports of village panchayats
(1) Every village panchayat shall submit to the
panchayat union council a report on its administration for each year as soon as
may be after the close of such year and not later than the prescribed date, in
such form, with such details and through such authority as may be prescribed.
(2) The report shall be prepared by the executive
authority and the village panchayat shall consider it and forward the same to
the panchayat union council with its resolution thereon.
Section 99 - Adminstration report of panchayat union councils and district panchayats
(1) Every panchayat union council shall submit to the
district panchayat a consolidated report on its administration and on the
administration of all village panchayats in the panchayat union for each year
as soon as may be after the close of such year and not later than the
prescribed date, in such form, with such details and through such authority as
may be prescribed.
(2) The report shall be prepared by the commissioner
and the panchayat union council shall consider it and forward the same to the
district panchayat with its resolution thereon.
(3) The district panchayat shall prepare a general
report on the administration of panchayat union councils and village panchayats
in the district and submit the same to the Government before such date as may
be prescribed. The district panchayat shall also send a copy of the report to
the Inspector.
(4) The report and resolution thereon shall be
published in such manner as the Government may direct.
Section 100 - Acts of village panchayat, panchayat union council and district panchayat, etc. not to be invalidated by infirmity vacancy, etc.
No
act of a village panchayat or of a panchayat union council or of a district
panchayat or of a committee thereof or of any person acting as president,
vice-president, chairman, vice-chairman or member of such village panchayat or
panchayat union council or district panchayat or committee, shall be deemed to
be invalid by reason only of a defect in the establishment of such panchayat or
committee, as the case may be, or on the ground that the president,
vice-president, chairman, vice-chairman or member of such village panchayat or
panchayat union council or district panchayat or chairman or member of a
committee was not entitled to hold or continue in such office by reason of any
disqualification or by reason of any irregularity or illegality in his election
or by reason of such act having been done during the period of any vacancy in
the office of president, vice-president, chairman, vice-chairman or member of
such village panchayat, panchayat union council or district panchayat or
committee.
Section 101 - Establishment of panchayats
(1) The sanction of the panchayat shall be obtained for
all proposals for fixing or altering the number, designations and grades of its
officers and servants and the salaries, fees and allowances payable to them.
(2) Such proposals shall be taken into consideration by
the panchayat, only at the instance of the executive authority or the
commissioner or the chief executive officer, as the case may be, and the
panchayat may sanction the proposal with or without modifications:
Provided
that no proposal adversely affecting any officer or servant of a panchayat who
has been in the permanent service of such panchayat for more than five years
and is drawing a salary of not less than five hundred rupees per mensem shall
be considered except at a special meeting convened for the purpose and no such
proposal shall be given effect to unless assented to by atleast one-half of the
members then in the panchayat.
(3) Notwithstanding anything contained in sub-sections
(1) and (2), the Government in the case of panchayat union councils and
district panchayats and the Inspector in the case of village panchayats shall
have power to fix or alter the number, designations and grades of, and the
salaries, fees and allowances payable to the officers and servants of any
village panchayat or panchayat union council or the district panchayat or any
class of such officers and servants and it shall not be open to the village
panchayat or panchayat union council or the district panchayat to vary the
number, desginations, grades, salaries, fees or allowances as so fixed or
altered except with the previous sanction of the Government in the case of
panchayat union councils and district panchayats and of the Inspector in the
case of village panchayats.
Section 102 - Conditions of service of officers and servants of panchayats
(1) The Government shall have power to make rules
regarding the authorities who may appoint the officers and servants of
panchayats, other than the commissioners and the chief executive officers and
the classification, method of recruitment, pay and allowances, discipline and
conduct and conditions of service of such officers and servants.
Such rules may provide for the constitution of any
class of officers or servants of village panchayats, panchayat union councils
and the district panchayats, as the case may be, other than the commissioners
and the chief executive officers, into a separate service for the whole or any
part of the State.
(2) Subject to the provisions of this Act and any rules
which the Government may make in this behalf, the panchayat union council or
the district panchayat, as the case may be, may frame regulations in respect of
the officers and servants on the staff of the panchayat union council or the
district panchayat,--
(a) fixing the amount and nature of the security to be
furnished;
(b) prescribing educational and other qualifications;
(c) regulating the grant of leave, leave allowances,
acting allowances and travelling allowances;
(d) regulating the grant of pensions and gratuities;
(e) establishing and maintaining provident funds and
making contributions thereto compulsory;
(f) regulating conduct; and
(g) generally prescribing conditions of service :
Provided--
(i) ???that
the grant of any leave, leave allowances, travelling allowances, pension or
gratuity provided for in such regulations shall in no case, without the special
sanction of the Government exceed what would be admissible in the case of
Government servants of similar standing and status;
(ii) ???that
the conditions under which such allowances are granted or any leave,
superannuation or retirement is sanctioned shall not without similar sanction,
be more favourable than those for the time being prescribed for such Government
servants.
(3) A rule may be made under sub-section (1) in so far
as it relates to officers and servants of village panchayats and panchayat
union councils, so as to have retrospective effect on and from a date not
earlier than the date of commencement of this Act.
Section 103 - Appointment of common officers
Two
or more village panchayats or two or more panchayat union councils may, subject
to such rules as may be prescribed, and shall if so required by any authority
empowered in this behalf by rules, appoint the same officer or servant to
exercise or discharge any powers or duties of a similar nature for both or all
of them.
Section 104 - Transfer of officers and servants of village panchayats and panchayat union councils
(1) Any officer or servant of a village panchayat may
be transferred to the service of any panchayat union council or any other
village panchayat by the Inspector:
Provided
that no officer or servant shall be so transferred except after consulting the
commissioner or the executive authority concerned:
Provided
further that in making a transfer under this sub-section, the Inspector may
issue such general or special directions as may in his opinion be necessary for
the purpose of giving due effect to such transfer.
(2) Notwithstanding anything contained in this Act or
the Tamil Nadu District Municipalities Act, 1920(Tamil Nadu Act V of 1920), any
officer or servant of a panchayat union council (including the commissioner)
may be transferred by the Government to the services of any other panchayat
union council or any municipality constituted under the Tamil Nadu District
Municipalities Act, 1920(Tamil Nadu Act V of 1920):
Provided
that no officer or servant (other than the commissioner) shall be so
transferred except after consulting the panchayat union councils or municipal
councils concerned :
Provided
further that the Government while making a transfer under this sub-section may
issue such general or special directions as may in their opinion be necessary
for the purpose of giving due effect to such transfer.
Section 105 - Power of Government to transfer officers and servants of district panchayats
(1) Notwithstanding anything contained in this Act or
in the Tamil Nadu District Municipalities Act, 1920(Tamil Nadu Act V of 1920),
the Government shall have power,-
(a) to transfer any officer or servant of the district
panchayat (including the chief executive officer) to the service of any other
district panchayat or to any municipality constituted under the Tamil Nadu
District Municipalities Act, 1920(Tamil Nadu Act V of 1920);
(b) to issue general or special direction as they may
think necessary for the purpose of giving due effect to any transfer made under
clause (a).
Section 106 - Power to punish officers and servants
Subject
to such control as may be prescribed, the executive authority, the commissioner
or the chief executive officer may censure, fine, withhold increments or
promotion from, or reduce to a lower rank in the seniority list, or to a lower
post or time-scale or to a lower stage in a time-scale, suspend, remove or
dismiss any officer or servant in the service of village panchayat or panchayat
union council or the district panchayat, as the case may be, for any breach of
departmental rules or discipline, or for carelessness, unfitness, neglect of
duty or other misconduct.
Section 107 - Applicability of certain directions to public health establishment
Subject
to the provisions of section 109, the provisions of sections 101 to 106 shall
also apply to the public health establishments of panchayats, notwithstanding
anything contained in the Tamil Nadu Public Health Act, 1939(Tamil Nadu Act III
of 1939).
Section 108 - Teachers including headmasters and basic servants in the panchayat union schools to be Government servants
(1) Notwithstanding anything contained in this Act or
in any other law for the time being in force, on and from the 1st June 1981,
all teachers (including headmasters) and basic servants in the panchayat union
schools in the State of Tamil Nadu shall become whole-time Government servants.
(2) Notwithstanding anything contained in sub-section
(1) of section 96 or in any other provisions of this Act and subject to the
provisions of Article 311 of the Constitution, the Government may make rules
regulating the conditions of service of the teachers (including headmasters)
and basic servants in the panchayat union schools.
Section 109 - Health assistants, auxiliary nurses, mid wives and maternity assistants in public health establishments of panchayat union councils to be Government servants
(1) Notwithstanding anything contained in this Act or
in any other law for the time being in force, on and from the 1st October 1982,
all health assistants, auxiliary nurses, mid-wives and maternity assistants in
the public health establishments of panchayat union councils, in the Stale
shall become whole-time Government servants.
(2) Notwithstanding anything contained in sub-section
(1) of section 96 or in any other provisions of this Act and subject to the
provisions of Article 311 of the Constitution, the Government may make rules
regulating the conditions of service of the health assistants, the auxiliary
nurses, mid-wives and maternity assistants in the public health establishments
of panchayat union councils.
Section 110 - Duty of village panchayat to provide for certain matters
Subject
to the provisions of this Act and the rules made thereunder, it shall be the
duty of village panchayat, within the limits of its funds, to make reasonable
provision for carrying out the requirements of the panchayat village in respect
of the following matters, namely :-
(a) the construction, repair and maintenance of all
village roads, that is to say, all public roads in the village (other than
those classified as National Highways, State Highways, major district roads and
panchayat union roads) and of all bridges, culverts, road-dams and causeways on
such roads;
(b) the lighting of public roads and public places in built-up
areas;
(c) the construction of drains and the disposal of
drainage water and sullage not including sewage;
(d) the cleaning of streets, the removal of rubbish
heaps, jungle growth and prickly-pear, the filling in of disused wells,
insanitary ponds, pools, ditches pits or hollows and other improvements of the
sanitary condition of the village;
(e) the provision of public latrines and arrangements
to cleanse latrines whether public or private;
(f) the opening and maintenance of burial and burning
grounds;
(g) 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 washing and bathing purposes; and
(h) such other duties as the Government may, by
notification, impose.
Section 111 - Power of village panchayat to provide for certain other matters
Subject
to the provisions of this Act and the rules made thereunder a village panchayat
may also make such provisions as it thinks fit for carrying out the requirements
of the village in respect of the following matters, namely:--
(a) the planting and preservation of trees on the sides
of all public roads in the village subject to mutually agreed terms and
conditions between the village panchayat and the authority which maintains the
road in case the road is not maintained by the village panchayat itself;
(b) the lighting of public roads and public places in
areas other than built-up areas;
(c) the opening and maintenance of public markets other
than markets which are classified as panchayat union markets;
(d) the control of fairs and festivals other than those
classified as panchayat union fairs and festivals;
(e) the opening and maintenance of public landing
places, halting places and cart-stands and of public cattle-sheds;
(f) the opening and maintenance of public
slaughter-houses;
(g) the opening and maintenance of reading rooms;
(h) the establishment and maintenance of wireless
receiving sets, playgrounds, parks, sports clubs and centres of physical
culture;
(i) the opening and maintenance of literacy centres and
centres for imparting social education; and
(j) the construction of works of public utility and the
provisions of other facilities for the safely, health, comfort, convenience,
culture or recreation of the inhabitants of the village:
Provided
that nothing in this clause shall apply to water supply for non-irrigation
purposes and to sewerage.
Section 112 - Duty of panchayat union council to provide for certain matters
Subject
to the provisions of this Act and the rules made thereunder, it shall be the
duty of a panchayat union council, within the limits of its funds, to make
reasonable provision for carrying out the requirements of the panchayat union
in respect of the following matters, namely:-
(a) the construction, repair and maintenance of all
public roads in the panchayat union which are classified as panchayat union
roads and of all bridges, culverts, road-dams and cause ways on such roads;
(b) the establishment and maintenance of dispensaries
and the payments of subsidies to rural medical practitioners:
(c) the establishment and maintenance of maternity and
child welfare centres, including the maintenance of a that service and offering
advice and assistance to mothers in family planning;
(d) the construction and maintenance of poor houses,
orphanages, shops, stalls, plinths, the training and employment of vaccinators,
the removal of congestion of population and the provision of house-sites;
(e) the opening and maintenance and expansion or
improvement of elementary schools, including the payment of grants to private
managements in respect of elementary schools;
(f) preventive and remedial measures connected with any
epidemic or with malaria;
(g) the control of fairs and festivals classified by
the panchayat union council as those reserved for control by it;
(h) veterinary relief;
(i) the extension of village-sites and the regulation
of building;
(j) the opening and maintenance of public markets which
are classified as panchayat union markets;
(k) the maintenace of statistics relating to births and
deaths;
(l) the establishment and maintenance of choultries;
(m) improvements of agriculture, agricultural stock and
the holding of agricultural shows;
(n) the promotion and encouragement of cottage
industries; and
(o) such other duties as the Government may, by
notification, impose.
Section 113 - Entrustment of execution of National Extension Service Scheme of Community Development to panchayat union councils
The
Government shall as soon as may be after the constitution of a panchayat union
council for a panchayat development block under this Act entrust to the
panchayat union council subject to such conditions and restrictions as may be
specified by the Government, the execution in the panchayat development block
of the National Extension Service Scheme of Community Development, including in
particular, all measures relating to the development of agriculture, animal
husbandry and village industries organised on an individual or co-operative
basis.
Section 114 - Entrustment of certain schemes to panchayat union councils
(1) Save as otherwise provided in section 113, the
Government may, subject to such conditions and restrictions as may be
specified, entrust all or any of the schemes, programmes and activities for economic
development, whether such schemes, programmes and activities are to be executed
or implemented either by the Government or by any statutory body or oilier
agency to the panchayat union council for its execution or implementation.
(2) The panchayat union council may, if so notified by
the Government, review the schemes, programmes and other activities executed by
the Government or by any statutory body or other agency within the panchayat
union.
Section 115 - Power of panchayat union council to provide for certain other matters
Subject
to the provisions of this Act and the rules made thereunder, a panchayat union
council may, within the limits of its funds, make such provision as it thinks
fit for carrying out the requirements of the panchayat union in respect of
measures of public utility other than those specified in section 112,
calculated to promote the safety, health, comfort or convenience of the
inhabitants of the panchayat union:
Provided
that nothing in this section shall apply to water supply for non-irrigation
purposes and to sewerage.
Section 116 - Common burial and burning grounds, etc.
Subject
to the provisions of this Act and the rules made thereunder, two or more
village panchayats;
(i) ???may
construct and maintain water-works for supply of water for washing and bathing
purposes from a common source and may also provide a common burial and burning
ground, and
(ii) ??may
entrust to the panchayat union council with its consent and on such terms as
may be agreed upon, the management of any institution or the execution or
maintenance of any work.
Section 117 - Lighting of public roads and public places
Notwithstanding
anything contained in clause (b) of section 111, the Government may, by general
or special order, direct any village panchayat or panchayat union council to
provide for the lighting of public roads and public places within its
jurisdiction and it shall be the duty of the village panchayat or panchayat
union council to provide for such light:
Provided
that where such a direction is given, the Government shall make such provision
for the cost of lighting as they may consider reasonable and the decision of
the Government shall be final.
Section 118 - Maintenance of common dispensaries, child welfare centres, etc.
Subject
to the provisions of this Act and the rules made thereunder, two or more
panchayat union councils may establish and maintain common dispensaries, child
welfare centres, and institutions of such other kind as may be prescribed.
Section 119 - Transfer of immovable property, management of institutions, execution or maintenance of works, etc., to a village panchayat
(1) The panchayat union council may, subject to such
control as may be prescribed, by notification declare that any immovable
property vested in itself shall vest in any village panchayat in the same
panchayat union and such property shall, from the date specified in the said
notification, vest accordingly.
(2) Subject to such rules as may be prescribed, the
Government, Commissioner of Land Administration, the Collector or Revenue
Divisional Officer, the district panchayat, the panchayat union council or the
chief executive officer, the commissioner, or any person or body of persons,
may transfer to the village pancha yat, with its consent and subject to
such conditions as may be agreed upon, the management of any institution, or
the execution or maintenance of any work, or the exercise of any power or the
discharge of any duty, whether within or without the village, and whether
provided for in this Act or not.
Section 120 - Transfer to village panchayat of unreserved forests
(1) (a) All unreserved forests in the village at the
commencement of this Act shall vest in the village panchayat and be
administered by it for the benefit of such village.
(b) in respect of every forest so vested, the
village panchayat shall, if so required by the Collector, pay to the Government
such rent as the Collector may, from time to time, subject to the control of
the Commissioner of Land Administration, fix in this behalf.
(2) (a) If the Revenue Divisional Officer is of opinion
that a village panchayat is not administering properly a forest vested in it
under sub-section (1), he may by order, withdraw such forest from the control of the
village panchayat for such period as may be specified in the order, not
exceeding the period, if any, prescribed in this behalf. He may in respect of
such forest direct that it be vested in the panchayat union council and be
administered by it.
(b) The Revenue Divisional Officer may, from time
to time, by order, extend the period specified in any order issued under clause
(a), subject to the period prescribed in this behalf.
(c) Before issuing an order under clause (a) or
(b), a reasonable opportunity shall be given to the village panchayat to show
cause against such issue.
(d) When an order is issued under clause (a) or
(b), the village panchayat concerned may, within three months of the service of
the order, appeal against it to the Collector and the Collector may confirm,
modify or reverse the order.
(3) The Commissioner of Land Administration may, at any
time, either sua motu or on application, call for and examine the record of any
order issued by the Revenue Divisional Officer or the Collector under
sub-section (2) for the purpose of satisfying himself as to the legality or
propriety of such order, and may pass such order in reference thereto as he
thinks fit.
Section 121 - Power of Government to resume possession of unreserved forest vested in village panchayat and payment of compensation, etc
(1) If in the opinion of the Government any unreserved
forest vested in a village panchayat under section 120 is required for any
public purpose, they may, by notification, resume the possession and
administration of such unreserved forest and upon such resumption by the
Government, all rights and interests created in or over such unreserved forest
before such resumption shall as against the Government cease and determine.
(2) Whenever the possession and administration of such
unreserved forest is resumed by the Government under sub-section (1), there
shall be paid to the village panchayat concerned compensation for any
improvement made by such village panchayat in such unreserved forest, as
determined in the manner hereinafter provided by the Collector within whose
jurisdiction such unreserved forest is situate.
Explanation.-
For the purposes of this sub-section, 'improvement' means any work or product
of a work which adds to the value of the unreserved forest or is suitable to it
and consistent with the purpose for which it was vested in the village
panchayat and shall include the following works or the products of such works--
(a) the erection of buildings or any other structure,
the construction of tanks, wells, channels, dams and other works for the
storage or supply of water for agricultural or domestic purposes;
(b) the preparation of land for irrigation;
(c) the reclamation, clearance, enclosure or permanent
improvement of land for agricultural purposes;
(d) the renewal or reconstruction of any of the
foregoing works or alterations therein or addition thereto;
(c) the planting or protection and maintenance of fruit
trees, timber-trees and other useful trees and plants.
(3) The compensation payable in respect of the
improvements referred to in clauses (a) to (d) of the Explanation to
sub-section (2) shall be the actual value of such improvements as on the date
of resumption of the unreserved forest by the Government which shall include
actual cost of the labour, supervision thereof, and of the materials, together
with other expenditure, if any, which would be required to make such
improvements, less a reasonable deduction on account of the deterioration, if
any, which may have taken place from age or other cause. The compensation payable in respect of improvement
referred to in clause (e) of the Explanation to sub-section (2) shall be such
sum which the trees or plants might reasonably be expected to realise if sold
by public auction to be cut and carried away at the time of resumption of the
unreserved forest by the Government :
Provided
that in computing the actual value of such improvements, the value of the
unreserved forest to which such improvements have been made shall not be taken
into account:
Provided
further that if any grant for the purpose of making such improvements has been
paid by the Government to the village panchayat concerned then, the amount of
such grant paid shall be deducted from the amount of compensation payable in
respect of such improvements:
Provided
also that in the case of trees and plants in the unreserved forest which are of
spontaneous growth, the compensation payable in respect of such trees and
plants shall be the proper cost of protection and maintenance of such trees and
plants.
(4) The amount of compensation referred to in
sub-section (2) shall be given to every village panchayat, at its option-
(a) in cash in such annual instalments with interest at
such rates as may be prescribed, or.
(b) in saleable or otherwise transferable promissory
notes or other securities or stock certificates of the Government, or
(c) partly in cash or partly in such securities
specified in clause (b), as may be required by the village panchayats.
(5) The option of the village panchayat referred to in
sub-section (4) shall be exercised by such village panchayat before the expiry
of a period of three months from the date of resumption of the possession and
administration of the unreserved forest by the Government and the option so
exercised shall be final and shall not be altered or rescinded after it has
been exercised. Any village panchayat which omits or fails to exercise the
option referred to in sub-section (4) within the time specified above shall be
deemed to have opted for payment in securities and stock certificates referred
to in clause (b) of sub-section (4). The amount of compensation payable in
instalments shall be paid, and the securities and stock certificates referred
to in clause (b) of sub-section (4) shall be issued, within sixty days from the
date of receipt by the Government of the option referred to above or where no
such option has been exercised from the date before which such option ought to
have been exercised.
(6) Any village panchayat aggrieved by an order
relating to compensation under this section may appeal to the Commissioner of
Land Administration within such period and in such manner as may be prescribed.
The order of the Commissioner of Land Administration on such appeal and where
no appeal is preferred, the order which has not been appealed against, shall be
final and shall not be called in question in any court of law.
Section 122 - Power of Commissioner of Land Administration to transfer or resume control of endowments and inams
(1) (a) Subject to the control of the Government, the
Commissioner of Land Administration may, by notification, make over to a panchayat
union council, with its consent, the management and superintendence of any
charitable endowment in respect of which powers and duties attached to the
Commissioner of Land Administration under the provisions of the Tamil Nadu
Endowments and Escheats Regulation, 1817(Tamil Nadu Regulation VII of 1817);
and thereupon all powers and duties attached to the Commissioner of Land
Administration in respect thereof shall attach to the panchayat union council
as if it had been specially named in the said Regulation, and the panchayat
union council shall manage and superintend such endowment.
(b) The Commissioner of Land Administration may, of
his own motion and shall on a direction from the Government, by notification,
resume the management and superintendence of any endowment made over to a
panchayat union council under clause (a) and upon such resumption, all the powers
and duties attached to the panchayat union council in respect of the endowment
shall cease and determine.
(2)
The
Government may assign to a panchayat union council with its consent, a
charitable inam, resumed by the Government or any other authority, provided
that the net income from such inam can be applied exclusively to any purpose to
which the funds of such panchayat union council may be applied; and may revoke
any assignment so made.
(3) The management and superintendence of any
charitable endowment which immediately before the constitution of a panchayat
union council for any panchayat development block under this Act was vested in
a district board under the Tamil Nadu District Boards Act, 1920(Tamil Nadu Act
XIV of 1920) shall, on such constitution, vest in the panchayat union council
exercising jurisdiction over the place where the endowment is situated.
Section 123 - Government's power to add to functions of panchayat union council
Subject
to such rules as may be prescribed, the Government, the Commissioner of Land
Administration, the Collector or Revenue Divisional Officer or any person or
body of persons may transfer to the panchayat union council with its consent
and on such terms as may be agreed upon, the management of any institution or
the execution or maintenance of any work, or the exercise of any power or the
discharge of any duty whether within or without the panchayat union and whether
provided for in this Act or not.
Section 124 - Limitation of power to accept donations and trusts
A
panchayat may accept donations for, or trusts relating exclusively to, the
furtherance of any purpose to which its funds may be applied.
Section 125 - Vesting of public roads in village panchayat
(1) All public roads in any village (other than roads
which are classified by the Government as National Highways or State Highways
or as major district roads or as panchayat union roads) shall vest in the
village panchayat together with all pavements, stones, and other materials
thereof, all works, materials and other things provided therefor, all drains,
drainage works, tunnels and culverts whether made at the cost of the village
panchayat or otherwise, in, alongside or under such roads, and all works,
materials and things appertaining thereto.
(2) The Government may, by notification, exclude from
the operation of this Act any such public road, drain, drainage work, tunnel or
culvert and may also modify or cancel such notification.
Section 126 - Vesting of public roads in panchayat union councils
(1) All public roads in any panchayat union which are
classified as panchayat union roads shall vest in the panchayat union council
together with all pavements, stones and other materials thereof, all works,
materials and other things provided therefor, all drains, drainage works,
tunnels and culverts, whether made at the cost of the panchayat union council
or otherwise, in, alongside or under such roads, and all works, materials and
things appertaining thereto.
(2) The Government may, by notification, exclude from
the operation of this Act any panchayat union road, drain, drainage work,
tunnel or culvert and may also modify or cancel such notification.
Section 127 - Duty of village panchayat in respect of public roads excluded from the operation of the Act
Where
any public road has been excluded from the operation of this Act under
sub-section (2) of section 125 or sub-section (2) of section 126 and placed
under the control of the Highways Department of Government (hereinafter
referred to as the Highways Department), the village panchayat may and if so
required by the Government shall make provision --
(a) for the watering and maintenance of the drainage of
such road;
(b) for the provision, maintenance and repair of the
drains in, alongside or under such road;
(c) for the provision, maintenance and repair of
foot-ways attached to such road:
Provided
that where in carrying out of the above provisions it is necessary for the
village panchayat to open and break up the soil or pavement of any such road,
the village panchayat shall obtain the previous consent of such officer of the
Highways Department as the Government may, by general or special order,
specify:
Provided
further that in cases of emergency the village panchayat may, without such
consent, open and break up the soil or pavement of any such street, but shall,
as far as practicable restore such soil or pavement to the condition in which
it was immediately before it was opened and broken up; and a report of the
action so taken and the reasons therefor shall be sent forthwith to the officer
specified under the foregoing proviso:
Provided
also that where the execution of any work is required by the Government, the
Government shall make provision for the cost thereof.
Section 128 - Precautions in case of dangerous structures
(1) If any structure adjoining a public road vested in
a panchayat union council or a village panchayat appears to the commissioner or
the executive authority, as the case may be, to be in a ruinous stale and
dangerous to the passers by, the commissioner or executive authority may, by
notice require the owner or occupier to fence off, take down, secure or repair
such structure so as to prevent any danger therefrom.
(2) If immediate action is necessary, the commissioner
or executive authority shall himself, before giving such notice or before the
period of such notice expires, fence off, take down, secure or repair such
structure or fence off a part of any road or take such temporary measures as he
may think fit to prevent danger, and the cost of doing so shall be recoverable
from the owner or occupier in the manner hereinafter provided.
Section 129 - Precautions in case of dangerous trees
(1) If any tree or any branch of a tree standing on
land adjoining a public road vested in a panchayat union council or village
panchayat appears to the commissioner or executive authority to be likely to
fall and thereby endanger any person using, or any structure on such road, the
commissioner or executive authority may, by notice, require the owner of the
said tree to secure, lop or cut down the said tree so as to prevent any danger
therefrom.
(2) If immediate action is necessary, the commissioner
or executive authority shall himself, before giving such notice or before the
period of such notice expires, secure, lop or cut down the said tree or fence
off a part of the public road or take such other temporary measures as he
thinks fit to prevent danger and the cost of so doing shall be recoverable from
the owner of the tree in the manner hereinafter provided.
Section 130 - Fencing of buildings or lands and pruning of hedges and trees
Where
a public road is vested in a panchayat union council or village panchayat, the
commissioner or executive authority may, by public notice, require the owner or
occupier of any building or land near such road to-
(a) fence the same to the satisfaction of the
commissioner or executive authority;
(b) trim or prune any hedges bordering on such road so
that they may not exceed such height from the level of the adjoining roadway as
the commissioner or executive authority may determine; or
(c) cut and trim any hedges or trees overhanging such
road and obstructing it or the view of traffic or causing it damage; or
(d) lower an enclosing wall or fence which, by reason
of its height and situation, obstructs the view of traffic so as to cause
danger.
Section 131 - Prohibition against obstructions in or over public roads, etc.
(1) No person shall, except as permitted by rules made under
this Act and except in accordance with the conditions imposed by any licence
made requisite by such rules?
(a) build any wall or erect any fence or other
obstruction or projection or make any encroachment whatsoever, whether
permanent or temporary, in or over any public road;
(b) make any hole or deposit any matter in or upon any
public road;
(c) work a quarry in or remove stone, earth or other
material from any place within twenty metres of a public road or of other
immovable property vesting in or belonging to a village panchayat or a
panchayat union council, provided that nothing in this clause shall be deemed
to apply to any work which, in the opinion of the Inspector, is done in
connection with a bona fide agricultural operation;
(d) erect any building over any drain or any part
thereof;
(e) plant any tree on any public road or other property
vesting in or belonging to a village panchayat or a panchayat union council; or
(f) fell, remove, destroy, lop or strip bark, leaves,
or fruits from, or otherwise damage, any tree which is growing on any such
public road or other property or on any poramboke land, the use of which is
regulated by a village panchayat under section 134 or section 135 and the right
to which has not been established by such person as vesting in or belonging to
him.
(2) It shall be the duty of the Village Administrative
Officer of every revenue village to report on encroachments on properties
vested in village panchayats or panchayat union councils to the executive
authority or the commissioner concerned and to the officer of the Revenue
Department, and it shall be the duty of the executive authority or the
commissioner concerned to institute proceedings under this Act and secure the
removal of the encroachments within such time as may be specified by the
Government by general or special order. If the removal of the encroachments has
not been secured within the period specified in such order, the officers of the
Revenue Department shall institute proceedings under the Tamil Nadu Land
Encroachment Act, 1905(Tamil Nadu Act III of 1905) and secure such removal.
Section 132 - Vesting of communal property or income in village panchayat
Any
property or income including any fishery right which by custom belongs to, or
has been administered for the common benefit of the inhabitants of the village
or of the holders in common of village land generally or of the holders of
lands of a particular description or of the holders of lands under particular
source of irrigation shall, if so declared by the Government, vest in the
village panchayat and be administered by it for the benefit of the inhabitants
or holders aforesaid.
Section 133 - Maintenance of irrigation works, execution of kudimaramat, etc.
(1) Subject to such conditions and control as may be
prescribed, the Government may transfer to any village panchayat or to any
panchayat union council the protection and maintenance of any irrigation work,
the management of turns of irrigation, or the regulation of distribution of
water from any irrigation work to the fields depending on it.
(2) The village panchayat or the panchayat union
council shall have power, subject to such restrictions and control as may be
prescribed, to execute kudimaramat in respect of any irrigation source in the
village and to levy such fee and on such basis for the purposes thereof as may
be prescribed :
Provided
that nothing contained in this section shall be deemed to relieve the village
community or any of its members of its or his liability under the Tamil Nadu
Compulsory Labour Act, 1858(Central Act I of 1858), in respect of any
irrigation source in the village in case the village panchayat makes default in
executing the kudimaramat in respect of that irrigation source.
(3) Where the maintenance of any irrigation work, is
transferred under this section, the fishery rights of Government in such work
shall be transferred to and be vested in the village panchayat or the panchayat
union council, as the case may be, subject to such terms and conditions
including terms and conditions regarding the utilisation of the income, as may
be specified by the Government.
Section 134 - Village panchayat to regulate the use of certain porambokes in ryotwari tracts
(1) The provisions of this section shall apply only in
ryotwari tracts.
(2) The following porambokes, namely, grazing grounds,
threshing floors, burning and burial-grounds, cattle-stands, cart-stands and
topes shall vest in the village panchayat, and the village panchayat shall have
power, subject to such restrictions and control as may be prescribed to
regulate the use of such prorambokes, provided the porambokes are at the
disposal of the Government.
(3) The Collector, after consulting the village
panchayat, may, by notification, exclude from the operation of this Act, any
poramboke referred to in sub-section (2), and may also modify or cancel such
notification.
(4) The village panchayat shall also have power,
subject to such restrictions and control as may be prescribed, to regulate the
use of any other poramboke which is at the disposal of the Government, if the
village panchayat is authorised in that behalf by an order of the Government.
(5) The village panchayat may, subject to such
restrictions and control as may be prescribed, plant trees on any poramboke,
the use of which is regulated by it under sub-section (2) or sub-section (4).
Section 135 - Village panchayat to regulate the use of certain communal lands in estates governed by the Tamil Nadu Estates Land Act, 1908
(1) In estates governed by the Tamil Nadu Estates Land
Act, 1908(Tamil Nadu Act I of 1908), notwithstanding anything contained in that
Act, the village panchayat shall have power subject to such restrictions and
control as may be prescribed?
(a) to regulate the use of lands which are set apart
for any of the purposes referred to in item (b) of clause (16) of section 3 of
the said Act, namely, threshing floors, cattle-stand, village-sites and other
lands situated in the village which are set apart for the common use of the
inhabitants of such village;
(b) to exercise the powers vested in the Collector by
section 20-A of the said Act, namely, to direct that any land referred to in
clause (a) which is no longer required for its original purpose shall be used
for any other specified communal purpose, provided that the sanction of the
Collector is obtained therefor; and
(c) to plant trees on any land the use of which is
regulated by the village panchayat under clause (a):
Provided that nothing contained in clause (b) shall
be deemed to affect in any way the operation of the provisos to sub-section (1)
of the said section 20-A.
(2) After an estate ceases to be governed by the Tamil
Nadu Estates Land Act, 1908(Tamil Nadu Act I of 1908), the provisions of
sub-section (1) shall apply to the lands referred to in that sub-section, to
such extent and with such modifications, as may be prescribed.
Section 136 - Collected rubbish etc., to belong to village panchayat
All
rubbish, filth and other matter collected by a village panchayat under this Act
shall belong to it.
Section 137 - Immovable property required by village panchayats and panchayat union councils may be acquired under the Land Acquisition Act, 1894
Any
immovable property which any village panchayat or panchayat union council is
authorised by this Act or any rules made thereunder to acquire may be acquired
under the provisions of the Land Acquisition Act, 1894(Central Act I of 1894),
and on payment of the compensation awarded under the said Act, in respect of
such property and of any other charges incurred in acquiring it, the said
property shall vest in the village panchayat or panchayat union council, as the
case may be.
Section 138 - Contributions from persons having control over places of pilgrimage, etc.
Where
a mosque, temple, mutt or any place of religious worship or instruction or any
place which is used for holding fair or festivals or for other like purposes is
situated within the limits of a village or in the neighbourhood thereof and
attracts either throughout the year or on particular occassions a large number
of persons, any special arrangement necessary for public health, safety or
convenience, whether permanent or temporary, shall be made by the village
panchayat; but the Government may after consulting the trustee or other person
having control over such place require him to make such recurring or
non-recurring contribution to the funds of the village panchayat as they may
determine.
Section 139 - Power to order closure of places of public entertainment
In
the event of the prevalence of any dangerous disease within a panchayat
development block or a village, the commissioner may by notice require the
owner or occupier of any building, booth or tent used for purposes of public
entertainment to close the same for such period as they may fix.
Section 140 - Minor suffering from dangerous disease not to attend schools
No
person being the parent or having the care or charge of a minor who is or has
been suffering from dangerous disease or has been exposed to infection
therefrom shall, after a notice from the commissioner or any person duly
appointed by such commissioner in this behalf that the minor is not to be sent
to school or college., permit such minor to attend school or college without
having procured from the commissioner or such person or a registered medical
practitioner a certificate that in his opinion such minor may attend without risk
of communicating such disease to others.
Explanation.-In
this section and in section 139 "dangerous disease" means an
infectious disease within the meaning of section 52 of the Tamil Nadu Public
Health Act, 1939(Tamil Nadu Act III of 1939), which is notified as a dangerous
disease by the Government.
Section 141 - Compulsory vaccination
The
panchayat union council shall enforce vaccination throughout the panchayat
union and it may enforce revaccination throughout the panchayat union or in any
part thereof, in respect of such persons, to such extent, and in such manner,
as may be prescribed.
Section 142 - Obligation to give information of small pox or cholera
Where
an inmate of any dwelling place is suffering from smallpox or cholera, the head
of the family to which the inmate belongs and in default the occupier or person
in charge of such place, shall give intimation of the fact to the commissioner
or the Village Administrative Officer with the least possible delay.
Section 143 - Precautions in case of dangerous tanks, wells, holes, etc.
(1) If any tank, pond, well, hole, stream, dam, bank or
other place appears to him to be, for want of sufficient repair, protection or
enclosure, dangerous to the public health or safety, the commissioner or
executive authority may with the approval of the panchayat union council or
village panchayat, as the case may be, by notice require the owner to fill in
remove, repair, protect or enclose the same so as to prevent any danger
therefrom.
(2) If immediate action is necessary, he shall, before
giving such notice or before the period of notice expires, himself take such
temporary measures as he thinks fit to prevent danger, and the cost of doing so
shall be recoverable from the owner in the manner hereinafter provided.
Section 144 - Removal of filth or noxious vegetation from lands and buildings
(1) The commissioner or executive authority may by
notice require the owner or occupier of any building or land which appears to
him to be in a filthy or unwholesome state or overgrown with any thick or
noxious vegetation, trees or undergrowth injurious to health or dangerous to
the public or offensive to the neighbourhood, or otherwise a source of
nuisance, to clear, cleanse or otherwise put the building or land in proper
state or to clear away and remove such vegetation, trees or under growth or to
take such other action as may be deemed by the commissioner or executive
authority necessary to remove such nuisance within such period and in such
manner as may be specified in the notice.
(2) If it appears to the commissioner or executive
authority necessary for sanitary purposes so to do, he may by notice require
the owner or occupier of any building or land to cleanse or time-wash the same
in the manner and within a period to be specified in the notice.
Section 145 - Power of commissioner or executive authority to use or sell materials of dangerous structure taken down. etc.
(1) When the commissioner or executive authority takes
down any structure or part thereof or cuts down any tree or hedge or shrub or
part thereof in virtue of his powers under this chapter, the commissioner or
executive authority may sell the materials or things taken down, cut down or
removed and apply the proceeds in, or towards payment of the expenses incurred.
(2) If after a reasonable enquiry it appears to the
commissioner or executive authority that there is no owner or occupier to whom
notice can be given under any section in this chapter, he may himself take such
order with the property mentioned in such section as may appear to him to be
necessary and may recover the expenses incurred by the sale of such property
(not being immovable property) or of any portion thereof.
Section 146 - Limitation of compensation
No
person shall be entitled, save as otherwise expressly provided, to compensation
for any damages sustained by reason of any action taken by the authorities of a
panchayat union council or a village panchayat in pursuance of their powers
under this chapter.
Section 147 - Public markets
(1) The panchayat union council may, after obtaining
the previous written permission of the Inspector, provide places for use as
public markets and, with the sanction of the Inspector, close any such market
or part thereof.
(2) Subject to such rules as may be prescribed, the
village panchayat or panchayat union council may after obtaining the previous
written permission of the Inspector, levy any one or more of the following fees
in any public market at such rates, not exceeding the maximum rates, if any,
prescribed in that behalf as the panchayat union council or village panchayat
may think fit:-
(a) fees for the use of, or for the right to expose
goods for sale in such market;
(b) fees for the use of shops, stalls, pens or stands
in such market;
(c) fees on vehicles including motor vehicles as
defined in the Motor Vehicles Act, 1988(Central Act 59 of 1988) or pack animals
bringing, or on persons taking into such market any goods for sale;
(d) fees on animals brought for sale into or sold in
such market;
(e) licence fees on brokers, commission agents,
weighmen and measurers practising their calling in such market.
Section 148 - Licensing of private markets
(1) No person shall open a new private market or
continue to keep open a private market unless he has obtained a licence from
the village panchayat or panchayat union council, as the case may be, to do so.
Such licence shall be renewed even' year.
(2) (a) The village panchayat or panchayat union
council, as the case may be, shall grant the licence applied for subject to such
conditions as it may think fit as to supervision and inspection, sanitation,
weights and measures to be used, rents and fees to be charged and such other
matters as may be prescribed.
(b) The village panchayat or panchayat union
council, as the case may be, may, modify the conditions of licence to take
effect from a specified date.
(c) The village panchayat or panchayat union
council, as the case may be, may at any time, suspend or cancel any licence
granted under clause (a) for breach of the conditions thereof.
(d) Any person aggrieved by an order of the village
panchayat or panchayat union council under clauses (a), (b) or (c) may appeal
against such order to the Inspector who may, if he thinks fit, suspend the
execution of the order pending the disposal of the appeal.
(3) (a) Any person claiming to levy in a private market
lawfully established prior to the coming into force of the Madras Local Boards
Act, 1884(Madras Act V of 1884) fees of the nature specified in sub-section (2)
of section 147, shall apply to the Inspector for a certificate recognizing his
right in that behalf; and the Inspector shall pass orders on such application
after giving due notice to the village panchayat or panchayat union council, as
the case may be, and considering any representations made by it.
(b) Any person aggrieved by an order of the
Inspector refusing to grant a certificate under clause (a) may, within six
months from the date of communication of such order, institute a suit to
establish the right claimed by him, and subject to the result of such suit, the
Inspector's order shall be final.
(4) When a licence granted under sub-section (2) does
not permit the levy of any fee, it shall be granted free of charges; but when
such permission is given, a fee not exceeding fifteen per cent of the gross
income of the owner from the market in the preceding year shall be charged by
the village panchayat or panchayat union council, as the case may be, for such
licence.
(5) The village panchayat or panchayat union council,
as the case may be, or any officer duly authorised by it may, close a private
market which is unlicenced or the licence for which has been suspended or
cancelled, or which is held or kept open contrary to the provisions of this
Act.
Section 149 - Decision of disputes as to whether places are markets
If
any question arises as to whether any place is a market or not, the village
panchayat or panchayat union council, as the ease may be, shall make a
reference thereon to the Government and their decision shall be final.
Section 150 - Prohibition of sale in unlicensed private markets, etc.
No
person shall sell or expose for sale any animal or article-
(a) in any public or licensed private market without
the permission of the executive authority or commissioner or licensee, as the
case may be, or of any person authorised by him, or
(b) in any unlicensed private market.
Section 151 - Prohibition against sale in public roads
The
executive authority or commissioner may, with the sanction of the village
panchayat or panchayat union council, as the case may be, prohibit by public
notice or licence or regulate the sale or exposure for sale of any animal or
article in or upon any public road or place or part thereof.
Section 152 - Classification of markets
The
Government shall have power to classify public and private markets situated in
a panchayat development block as panchayat union markets and village panchayat
market, and provide for the control of any such market, and for the
apportionment of the income derived therefrom between the panchayat union
council and the village panchayat or the payment of a contribution in respect
thereof to the village panchayat or the panchayat union, as the case may be.
It
shall be open to the Government to revise from time to time the apportionment
of income ordered or the contribution directed to be paid under this section if
such revision is recommended by the district panchayat.
Section 153 - Acquisition of right of persons to hold private market
(1) A panchayat union council may acquire the rights of
any person to hold a private market in any place in a panchayat development
block and to levy fee therein. The acquisition shall be made under the Land
Acquisition Act, 1894(Central Act I of 1894) and such rights shall be deemed to
be land for the purposes of that Act.
(2) On payment by the panchayat union council of the
compensation awarded under the said Act in respect of such property and any
other charges incurred in acquiring it, the rights of such person to hold a
private market and to levy fees therein shall vest in the panchayat union
council.
Section 154 - Public landing places and cart-stands, etc.
Subject
to such rules as may be prescribed, the village panchayat may--
(a) provide public landing places, halting places and
cart-stands (which last expression includes stands for animals and vehicles of
any description including motor vehicles) and levy fees for their use; and
(b) where any such place or stand has been provided,
prohibit the use for the same purpose by any person, within such distance
thereof of any public place or the sides of any public road as the village
panchayat may, subject to the control of the Inspector, specify.
Section 155 - Private cart-stand
(1) No person shall open a new private cart-stand or
continue to keep open a private cart-stand unless he obtains from the village
panchayat a licence to do so. Such licence shall be renewed every year.
(2) The village panchayat shall, as regards private
cart-stands already lawfully established, and may at its discretion as regards
new private cart-stands, grant the licence applied for, subject to such
conditions as the village panchayat may think fit as to supervision and
inspection, conservancy and such other matters as may be prescribed; or the
village panchayat may refuse to grant such licence for any new cart-stand.
(3) The village panchayat may modify the conditions of
the licence to take effect from a specified date.
(4) The village panchayat may at any time suspend or
cancel any licence granted under sub-section (2) for breach of the conditions
thereof.
(5) The village panchayat may levy on every grant or
renewal of a licence under this section, a fee not exceeding two hundred
rupees.
Section 156 - Public slaughter houses
A
village panchayat may provide places for use as public slaughter-houses and
charge rents and fees for their use.
Section 157 - Prohibition or regulation of the use of places for slaughtering animals and the licensing of slaughterers
The
Government shall have power to make rules for--
(a) prohibiting or regulating the slaughter, cutting up
or skinning of animals specified in the rules on all occasions not excepted
therein, at places other than public slaughterhouses;
(b) licensing persons to slaughter animals specified in
the rules for purposes of sale to the public; and
(c) the inspection of slaughter houses and of the meat
therein and the payment of remuneration to the officers employed for such
inspection.
Section 158 - Numbering or naming of building, etc.
(1) In any area to which this Act applies, such
authority as may be prescribed in this behalf, may cause a number to be affixed
to the side or outer door of any building or to some place at the entrance of
the premises.
(2) With the approval of the Government, the village
panchayat or the panchayat union council shall give name to new village road or
panchayat union road, as the case may be, and shall also give name to park,
playground, bus-stand, arch or new property belonging to, or vesting in,
village panchayat or panchayat union council and may, subject to the approval
of the Government, alter the name of any such road, park, playground,
bus-stand, arch or property.
(3) No person shall, without lawful authority, destroy,
pull down or deface any such number.
(4) When a number has been affixed under sub-section
(1), the owner of the building shall be bound to maintain such number and to
replace it if removed or defaced; and if he fails to do so, the authority
referred to in sub-section (1) may by notice require him to replace it.
Section 159 - Purposes for which places may not be used without a licence
(1) The Government may, by notification, specify the
purposes which in their opinion, are likely to be offensive or dangerous to
human life or health or property.
(2) The panchayat union council in the case of
panchayat villages may, with the previous approval of the prescribed authority,
notify that no place within the limits of any panchayat village in the panchayat development
block or within the limits of such panchayat village or villages as may be
specified in the notification shall be used for any of the purposes specified
in the notification issued under sub-section (1) without a licence and except
in accordance with the conditions specified in such licence.
(3) No notification issued under sub-section (1) or
sub-section (2) shall take effect until sixty days from the date of its
publication.
(4) The commissioner shall be the authority competent
to grant the licence or to refuse to grant it in the case of panchayat
villages.
Section 160 - Permission for construction of factories and the installation of machinery
No
person shall, without the permission of the panchayat union council in
panchayat villages and except in accordance with the conditions specified in
such permission,-
(a) construct or establish any factory, workshop or
workplace in which it is proposed to employ steam power, water power or other
mechanical power or electrical power, or
(b) install in any premises any machinery or
manufacturing plant driven by any power as aforesaid, not being machinery or
manufacturing plant exempted by the rules.
Section 161 - Power of Government to make rules in respect of the grant and renewal of licences and permissions
(1) The Government may make rules?
(a) prohibiting or regulating the grant or renewal of
licences under section 159 and the period for which such licences shall be
valid;
(b) as to the time within which applications for such
licences or renewals thereof shall be made; and
(c) prohibiting or regulating the grant of permissions
under section 160.
(2) Rules made under clause (c) of sub-section (1) may
empower the panchayat union council in panchayat villages and panchayat unions
to set apart specified areas for industrial purposes and provide for the
refusal of permissions under section 160 in respect of any factory, workshop,
workplace or premises outside such areas and also, subject to the sanction of
the prescribed authority for the removal to such areas, of any factory,
workshop or workplace which has been already established at any place, or any
machinery which has already been installed in any premises, situated outside
such areas:
Provided
that no such rule shall authorise the removal of any factors', workshop or
workplace or machinery installed in any premises, in the occupation or under
the control of the Central or the State Government or of a market committee
established under the Tamil Nadu Agricultural Produce Marketing (Regulation)
Act, 1987(Tamil Nadu Act 27 of 1989).
(3)
The
Government may either generally or in any particular case, make such order or
give such directions as they deem fit in respect of any action taken or omitted
to be taken under section 159 or section 160.
(4) The income derived from fees on licences under
section 159 and on permission under section 160 shall, if received by the
panchayat union council, credited to the funds of the village panchayat
concerned.
Section 162 - Modification of the Tamil Nadu Places of Public Resort Act, 1888
Notwithstanding
anything contained in the Tamil Nadu Places of Public Resort Act, 1888(Tamil
Nadu Act II of 1888), when the Government extend that Act to any village, or
part thereof-
(a) the authority to whom application shall be made for
a licence under the Act in respect of any place or building to be used
exclusively for purposes other than the holding of cinematograph exhibitions,
and who may grant or refuse such licence, shall be the commissioner in the case
of panchayat villages;
(b) the appeal from the order of the commissioner
granting, refusing, revoking or suspending a licence, shall lie to the
panchayat union council;
(c) the income derived from fees on licences under this
section shall, if received by the panchayat union council be credited to the
funds of the village panchayats concerned.
Section 163 - Functions of district panchayat
(1) The district panchayat shall advise the Government
on all matters concerning the activities of village panchayats, panchayat union
councils in the district as well as on all matters relating to the development
of the economic resources of the district and the services maintained therein
for promoting the culture and welfare of the inhabitants of the district.
(2) In particular, it shall be the duty of the district
panchayat to perform the following functions, namely :-
(a) advising the Government on all matters relating to
the services maintained by and all development schemes undertaken by all
village panchayats and panchayat union councils in the district as well as
those agencies in the district, which are under the administrative control of
the Government;
(b) watching the progress of the measures undertaken by
the Government, village panchayats, panchayat union councils and departmental
agencies in respect of the services and development schemes aforesaid;
(c) advising the Government on matters concerning the
implementation of any provision of law or any order specifically referred to by
the Government to the district panchayat such as --
(i) ???classification
of markets as village panchayat markets and panchayat union markets and fixing
rates of contribution payable by one authority to the other;
(ii) ??classification
of fairs and festivals as village panchayat fairs, village panchayat festivals
and panchayat union fairs and panchayat union festivals;
(iii) ??classification
of public roads (other than roads classified by the Government as National
Highways, State Highways and major district roads) as panchayat union roads and
panchayat village roads;
(d) advising the Government on all matters relating to
development of road transport.
Section 164 - General powers of district panchayat
For
the purpose of efficiently performing its functions under this Act, every
district panchayat may, within the limits of its jurisdiction.--
(a) undertake such measures as it deems necessary;
(b) collect such data as it deems necessary;
(c) publish statistics or other information relating to
the various aspects of the regulation or development of the activities of
panchayat union councils and village panchayats in the district;
(d) require any panchayat union council or village
panchayat to furnish such information as may be required by it in relation to
the measures undertaken by that panchayat union council or village panchayat
for the regulation or development of its activities and such other matters as
may be prescribed.
Section 165 - Annual report of district panchayat
(1) The district panchayat shall prepare in such form
and at such time each year as may be prescribed, an annual report giving a true
and full account of its activities during the previous year and copies thereof
shall be forwarded to the Government.
(2) The Government shall lay on the table of the
Legislative Assembly all such reports together with their comments thereon.
Section 166 - Returns and reports of district panchayat
Every
district panchayat shall furnish to the Government such returns, reports,
statistics and other informations with respect to its activities as the
Government may from time to time require.
Section 167 - Local cess
(1) There shall be levied in every panchayat
development block, a local cess at the rate of one rupee on every rupee of land
revenue payable to the Government in respect of any land for every fasli.
Explanation.
In this section and in section 168, 'land revenue' means public revenue due on
land and includes water cess payable to the Government for water supplied or
used for the irrigation of land, royally, lease amount or other sum payable to
the Government in respect of land held direct from the Government on lease or
licence, but does not include any other cess or the surcharge payable under
section 168, provided that land revenue remitted shall not be deemed to be land
revenue payable for the purpose of this section.
(2)
The
local cess payable under sub-section (1) shall be deemed to be public revenue
due on all the lands in respect of which a person is liable to pay local cess
and all the said lands, the buildings upon the said lands and their products
shall be regarded as security for the local cess.
(3)
The
provisions of the Tamil Nadu Revenue Recovery Act, 1864(Tamil Nadu Act II of
1864), shall apply to the payment and recovery of the local cess payable under
this Act just as they apply to the payment and, recovery of the revenue due
upon the lands in respect of which the local cess under this Act is payable.
(4) Out of the proceeds of the local cess so collected
in every panchayat development block, a sum representing twenty percent of the
proceeds shall be credited to the Panchayat Union (Education) Fund.
(5) The balance of the proceeds of the local cess
collected in the panchayat development block shall be credited to the funds of
the panchayat union council.
Section 168 - Local cess surcharge
Every
panchayat union council may levy on every person liable to pay land revenue to
the Government in respect of any land in the panchayat union, a local cess
surcharge at such rate as may be considered suitable as an addition to the
local cess levied in the panchayat development block under section 167 provided
that the rate of local cess surcharge so levied shall not be less than five
rupees and not more than ten rupees on every rupee of land revenue payable in
respect of such land.
Section 169 - Rules regarding collection of local cess
The
Government may make rules not inconsistent with this Act for regulating the
collection of the local cess, the payment thereof to the village panchayats,
panchayat union councils and district panchayats and the deduction of any
expenses incurred by the Government in the collection thereof.
Section 170 - Land Revenue Assignment
The
Government shall pay to each panchayat union council a sum representing one
rupee for each individual of the population of the panchayat development block
concerned from out of the total land revenue (including water-cess) collected
in the State during that year. The sum thus credited to the panchayat union
council shall be referred to as the Land Revenue Assignment of that block.
Section 171 - Taxes leviable by village panchayats
(1) Every village panchayat shall levy in the panchayat
village a house-tax and a vehicle tax.
(2) A duty shall also be levied in every panchayat
village on certain transfers of property in accordance with the provisions of
section 175.
(3) Subject to such rules as may be prescribed and with
the sanction of the Inspector and subject to such restrictions and conditions,
if any, as may be imposed by him either at the time of granting sanction or
later, the village panchayat may also levy in the village a tax on agricultural
land for a specific purpose.
Section 172 - House-tax
(1) The house-tax shall be levied on all houses in
every panchayat village on the basis on which such tax was levied in the local
area concerned immediately before the commencement of this Act or on the basis
of classified plinth area at the rates specified in Schedule I, as the village
panchayat may adopt subject to the provisions of sub-section (3).
(2) The house-tax shall, subject to the prior payment
of the land revenue, if any, due to the Government in respect of the site of the
house, be a first charge upon the house and upon the movable property, if any,
found within or upon the same and belonging to the person liable to such tax.
(3) The Government shall, by notification, determine in
regard to any panchayat village or any class of panchayat villages whether the
house-tax shall be levied every half-year or year and in so doing have regard
to the following matters, namely:-
(a) the classification of the local areas under section
4;
(b) the annual receipts of the village panchayat;
(c) the population of the panchayat village and the
predominant occupation of such population; and
(d) such other matters as may be prescribed.
(4) The Government may make rules providing for?
(a) the persons who shall be liable to pay the tax and
the giving of notices of transfer of houses;
(b) the grant of vacancy and other remissions;
(c) the circumstances in which, and the conditions
subject to which, houses constructed, reconstructed or demolished, or situated
in areas included in, or excluded from the panchayat village during any
half-year or year, shall be liable or cease to be liable to the whole or any
portion of the tax.
(5) If the occupier of a house pays the house-tax on
behalf of the owner thereof, such occupier shall be entitled to recover the
same from the owner and may deduct the same from the rent then or thereafter
due by him to the owner.
Section 173 - Vehicle-tax
The
vehicle lax shall, subject to such rules as may be prescribed including rules
relating to exemptions and restrictions, be levied every half-year on all
vehicles kept or used within the panchayat village at such rates as may be
fixed by the village panchayat not being less than the minimum rates and not
exceeding the maximum rates prescribed.
Explanation.-
In this section, "vehicle" means a conveyance suitable for use on
roads and includes any kind of tram-car, carriage, cart, wagon, bicycle,
tricycle and rickshaw, but docs not include a motor vehicle as defined in the
Motor Vehicles Act, 1988(Central Act 59 of 1988).
Section 174 - Appeal against assessments
An
appeal shall lie to such authority and within such time, as may be prescribed,
against any assessment of lax made in pursuance of sections 171 to 173.
Section 175 - Duty on transfer of property
(1) The duty on transfer of property shall be levied?
(a) in the form of a surchage on the duty imposed by
the Indian Stamp Act, 1899(Central Act II of 1899), as in force for the time
being in the State of Tamil Nadu, on every instrument of the description
specified below, which relates to immovable property situated in the area under
the jurisdiction of a village panchayat; and
(b) at such rate, as may be fixed by the Government,
not exceeding five per centum on the amount specified below against each
instrument:-
(i) Sale
of immovable property. |
The market
value of the property as set forth in the instrument, and in a case where the
market value is finally determined by any authority under section 47-A of the
Indian Stamp Act, 1899(Central Act II of 1899), the market value as so
determined by such authority. |
(ii)
Exchange of immovable property. |
The market
value of the property of the greater value as set forth in the instalment,
and in a case where the market value is finally determined by any authority
under section 47-A of the Indian Stamp Act, 1899(Central Act II of 1899), the
market value as so determined by such authority. |
(iii) Gift
of immovable property. |
The market
value of the property as set forth in the instrument, and in a case where the
market value is finally determined by any authority under section 47-A of the
Indian Stamp Act. 1899(Central Act II of 1899), the market value as so
determined by such authority. |
(iv)
Mortgage with possession of immovable property. |
The amount
secured by the mortgage as set forth in the instrument. |
(v) Lease
in perpetuity of immovable property. |
An amount
equal to one sixth of the whole amount or value of the rents which would be
paid or delivered in respect of the first fifty years of the lease, as set
forth in the instrument. |
(2) On the introduction of the duty aforesaid?
(a) section 27 of the said Indian Stamp Act shall be
read as if it specifically required the particulars to be set forth separately
in respect of property situated in the area under the jurisdiction of village
panchayat and in respect of property situated outside such area;
(b) section 64 of the said Act shall be read as if it
referred to the village panchayat as well as the Government.
(3)
The
amount collected in the panchayat village in the panchayat development block as
surcharge on the duty on transfers of property under this section shall be
pooled every year for the entire block and distributed among all the village
panchayats in the block in proportion to the land revenue of the panchayat
village.
(4) The Government may make rules not inconsistent with
this Act for regulating the collection of the duty, the payment thereof to the
village panchayat and the deduction pf any expenses incurred by the Government
in the collection thereof.
Section 176 - Exemption
No
exemption from the payment of any surcharge or tax specified in section 168 or
171 shall be granted by the village panchayat or the panchayat union council
except in accordance with such rules as may be prescribed:
Provided
that in any particular case, such exemption may be granted with the previous
sanction of the Government.
Section 177 - Power to require land revenue staff to collect taxes and fees due to village panchayats
Subject
to such rules as may be prescribed, the executive authority or the commissioner
shall have power to require the staff of the Land Revenue Department to prepare
at quinquinnial intervals a House-tax Assessment Register in such form as may
be prescribed and to collect any tax or fee due to the village panchayat or
panchayat union council on payment of such remuneration not exceeding 6 1/4 per
cent of the gross sum collected as the Collector may, by general or special
order, determine.
Section 178 - Write-off of irrecoverable amounts
Subject
to such restrictions and control as may be prescribed, a village panchayat or
panchayat union council may write-off any tax, fee or other amount whatsoever
due to it, whether under a contract or otherwise, or any sum payable in
connection therewith, if in its opinion such tax, fee, amount or sum is
irrecoverable :
Provided
that where the Collector or any of his subordinates is responsible for the
collection of any tax, fee or other amount due to a village panchayat or
panchayat union council the power to write-off such lax, fee or amount or any
sum payable in connection therewith, on the ground of its being irrecoverable,
shall be exercised by the Commissioner of Land Administration or subject to his
control, by the Collector or any officer authorised by him.
Section 179 - Local Education Grant
The
Government shall pay annually to every panchayat union council a Local
Education Grant the amount of which shall be calculated as follows:-
The
total amount of expenditure approved by the Government for being debited to the
Panchayat Union (Education) Fund shall be divided into slabs in the manner
specified below:-
So
much of the expenditure as may be equal to the land revenue assignment of the
block referred to in section 170 shall constitute the first slab.
So
much of the expenditure as may be in excess of the first slab subject to a
maximum of 250 paise for each individual of the population of the panchayat
development block concerned shall constitute the second slab.
To
each panchayat union council, the Government shall make a Local Education Grant
which shall be a proportion of the second slab not less than fifty per cent and
not more than eighty per cent as may be specified by the Government in respect
of that block.
Section 180 - Local Cess Surcharge Matching Grant
The
Government shall pay every year to the panchayat union council a Local Cess
Surcharge Matching Grant, which shall be a sum calculated at such percentage as
may be prescribed of the proceeds of the local cess surcharge levied in the
panchayat development block.
Section 181 - Classification of panchayat development blocks
For
the purpose of sanctioning grants to panchayat union councils, the Government
may classify panchayat development blocks in such manner as they may deem fit
once in every five years and it shall be open to the Government to sanction
grants at varying rates for the different classes of panchayat development
blocks. It shall also be open to the Government to revise the classification of
panchayat development blocks once in every five year.
Section 182 - Local Roads Grant
The
Government shall pay every year to every panchayat union council a Local Roads
Grant, which shall be such sum as may be fixed by the Government for each
individual of the estimated population in the panchayat development block to be
earmarked and spent on the maintenance of roads in its area and such sum shall
be in lieu of the amounts
payable before the commencement of this Act, with reference to section 10 (1)
of the Tamil Nadu Motor Vehicles Taxation Act, 1974(Tamil Nadu Act 13 of 1974):
Provided
that in calculating the sum to be paid to the panchayat union council by way of
Local Roads Grant under this section, the Government shall take into account
the length and nature of roads lying in the panchayat development block.
Section 183 - Village House-tax Matching Grant
On
every rupee of house-tax collected by a village panchayat, an equal amount
shall be paid by the Government as grant which shall be called the Panchayat
Village House-tax Matching Grant.
Section 184 - Deduction from grant in certain cases
Where
the panchayat union council undertakes a work of common benefit for more than
one village panchayat, it may apportion the cost of such work among the
different village panchayats benefitted thereby. In such a case, the panchayat
union council shall be entitled to recover the share of such cost from the
village panchayat out of the amounts payable to the village panchayats under
sections 167 and 175.
Section 185 - Constitution of Panchayat Union Fund and Village Panchayat Fund
There
shall be constituted--
(a) for each panchayat union, a Panchayat Union
(General) Fund and a Panchayat Union (Education) Fund;
(b) for each village panchayat, a Village Panchayat
Fund.
Section 186 - Panchayat Union (General) Fund
The
receipts which shall be credited to the Panchayat Union (General) Fund shall
include--
(a) such part of the local cess collected in the
panchayat development block as remains after crediting to the Panchayat Union
(Education) Fund and the Village Panchayat Fund under section 167;
(b) the local cess surcharge collected in the panchayat
development block under section 168;
(c) the Local Cess Surcharge Matching Grant paid by the
Government under section 180;
(d) the Local Roads Grant paid by the Government under
section 182;
(e) fees on licences issued and permissions given by
the panchayat union councils;
(f) fees levied in public markets classified as
panchayat union markets after deducting the contribution, if any, paid by the
panchayat union council to the village panchayat on the scale fixed by the Government;
(g) the contribution paid to the panchayat union
council by village panchayats in respect of markets classified as village
panchayat markets;
(h) fees for the temporary occupation of roads or road
margins;
(i) fees for the use of choultries;
(j) receipts from dispensaries maintained by the
panchayat union council;
(k) income from endowments and trusts under the
management of the panchayat union council;
(l) the proportionate share of the proceeds of the
entertainments tax received by the panchayat union council under section 13 of
the Tamil Nadu Entertainments Tax Act, 1939(Tamil Nadu Act X of 1939);
(m) contributions from Government, other panchayat
union councils, municipalities, other local authorities and persons in aid of
every institution or service maintained or financed from panchayat union funds
or managed by the panchayat union council:
(n) sale-proceeds of tools and plants, stores and
materials and of trees and avenue produce appertaining to panchayat union
roads;
(o) income from panchayat union ferries and fisheries;
(p) interest on loans and securities;
(q) interest on arrears of revenue;
(r) income from and sale-proceeds of, buildings, lands
and other property belonging to the panchayat union council;
(s) unclaimed deposits and other forfeitures;
(t) fines and penalties levied under this Act by the
panchayat union council or at its instance or on its behalf;
(u) all sums other than those enumerated above or in
section 187 which arise out of, or are received in aid of, or for expenditure
on, any institutions or services maintained or financed from the panchayat
union funds or managed by the panchayat union council;
(v) all other moneys received by the panchayat union
council.
Section 187 - Panchayat Union (Education) Fund
The
receipt which shall be credited to the Panchayat Union (Education) Fund shall
include--
(a) twenty per cent of the local cess collected under
section 167;
(b) the land revenue assignment paid by the Government
under section 170;
(c) the Local Education Grant paid by the Government;
(d) such contribution from the Panchayat Union
(General) Fund as the Government may decide to be necessary in any year in
order to balance the budget of the fund for that year;
(e) all fines and penalties levied within the
jurisdiction of the panchayat union council under the provisions of the Tamil
Nadu Elementary Education Act, 1920(Tamil Nadu Act VIII of 1920);
(f) all income derived from any endowments or other
property owned or managed by the panchayat union council for the benefit of
elementary education;
(g) all other sums which may be contributed or received
by the panchayat union council for the purposes of elementary education.
Section 188 - Village Panchayat Fund
The
receipts which shall be credited to the village panchayat fund shall include--
(a) the house-tax, the vehicle tax and any other tax or
any cess or fee, levied under sections 171 to 173.
(b) the profession tax levied by village panchayats
under the Tamil Nadu Tax on Professions, Trades, Callings and Employments Act,
1992(Tamil Nadu Act 24 of 1992);
(c) the proceeds of the duly on transfers of property
levied under section 175.
(d) the share of the local cess under section 167;
(e) in respect of village panchayat fund, the Village
House-Tax Matching Grant;
(f) the taxes and tolls levied in the village under sections
117 and 118 of the Tamil Nadu Public Health Act, 1939(Tamil Nadu Act VIII of
1939);
(g) fees levied in public markets classified as village
panchayat markets after deducting the contributions, if any, paid by the
village panchayat to the panchayat union council on the scale fixed by the
Government;
(h) the contribution paid to the village panchayat by
panchayat union councils in respect of markets classified as panchayat union
markets;
(i) fees for the temporary occupation of village sites,
roads and other similar public places or parts thereof in the panchayat
village;
(j) fees levied by the village panchayat in pursuance
of any provision of this Act or any rule or order made thereunder;
(k) income from endowments and trusts under the
management of the village panchayat;
(l) the net assessment on service inams which are
resumed by the Government;
(m) the proportionate share of the proceeds of the
entertainments tax received by the village panchayat under section 13 of the
Tamil Nadu Entertainments Tax Act, 1939(Tamil Nadu Act X of 1939);
(n) income derived from panchayat village fisheries;
(o) income derived from ferries under the management of
the village panchayat;
(p) unclaimed deposits and other forfeitures;
(q) a sum equivalent to the seigniorage fees collected
by the Government every year from persons permitted to quarry for road
materials in the panchayat village;
(r) all income derived from porambokes the user of
which is vested in the village panchayat;
(s) where the panchayat village is in a ryotwari tract,
all income derived from trees standing on porambokes although the user of the
porambokes is not vested in the village panchayat;
(t) income from leases of Government property obtained
by the village panchayat;
(u) fines and penalties levied under this Act by the
village panchayat or at the instance or on behalf of the village panchayat;
(v) all sums other than those enumerated above which
arise out of, or are received in aid of or for expenditure on any institutions
or services maintained or financed from the village panchayat fund or managed
by the village panchayat;
(w) all other moneys received by the village panchayat.
Section 189 - District Panchayat (General) Fund
(1) There shall be constituted for each district
panchayat, a District Panchayat (General) Fund and the following shall form
part of, or be paid into, the District Panchayat (General) Fund, namely :--
(a) The amount transferred to the District Panchayat
(General) Fund by appropriation from out of the Consolidated Fund of the State;
(b) all grants, assignments, loans and contributions
made by the Government;
(c) all rents from lands or other property of the
district panchayat;
(d) all interests, profits and other moneys accruing by
gift, grants,' assignments or transfer from private individuals or
institutions;
(e) all proceeds of land, security and other properties
sold by the district panchayat;
(f) all fees and penalties paid to or levied by or on
behalf of the district panchayat under this Act;
(g) all sums received by or on behalf of the district
panchayat by virtue of this Act.
(2) The Government shall make a grant to every District
Panchayat (General) Fund, to cover the expenses of establishment at such scale
as may be determined by it.
Section 190 - Application of moneys received and expenditure from funds
All
moneys received by the panchayat union council and the village panchayat shall
be applied and disposed of in accordance with the provisions of this Act and
other laws :
Provided
that the panchayat union council or the village panchayat shall have power
subject to such rules as may be prescribed to direct that the proceeds of any
tax or additional tax levied under this Act shall be earmarked for the purpose
of financing any specific public improvement. A separate account shall be kept
of the receipts from every such tax or additional tax and the expenditure
thereof.
Section 191 - Expenditure from Village Panchayat Fund and Panchayat Union Fund
(1) The purposes to which the funds of the panchayat
union council or of the village panchayat may be applied include all objects
expressly declared obligatory or discretionary by this Act or any rules made
thereunder or by any other laws or rules and the funds shall be applicable
thereto within the panchayat development block or the panchayat village, as the
case may be, subject to such rules or special orders as the Government may
prescribe or issue and shall, subject as aforesaid be applicable to such
purposes outside the panchayat development block or panchayat village if the
expenditure is authorized by this Act or specially sanctioned by the Inspector.
(2) It shall be the duty of every panchayat union
council and village panchayat to provide for the payment of?
(a) any amount falling due on any loans contracted by
it;
(b) the salaries and allowances and the pensions,
pensionary contributions and provident fund contributions of its officers and
servants;
(c) sums due under any decree or order of a court; and
(d) any other expenses rendered obligatory by or under
this Act or any other law.
(3)
A
panchayat union council or village panchayat may, with the sanction of the
Government, contribute to any fund for the defence of India.
(4) A panchayat union council or village panchayat may,
with the sanction of the Inspector also?
(a) contribute towards the expenses of any public
exhibition, ceremony or entertainment in the panchayat development block or
panchayat village;
(b) contribute to any charitable fund, or to the funds
of any institution for the relief of the poor or the treatment of disease or
infirmity or the reception of indisposed or infirm persons or the investigation
of the causes of disease; and
(c) defray any other extraordinary charges.
Section 192 - Preparation and sanction of budgets
(1) The executive authority of the village panchayat
and the commissioner, shall in each year frame and place before the village
panchayat or the panchayat union council, as the case may be, a budget showing
the probable receipts and expenditure during the following year.
(2) The budget of a village panchayat or panchayat
union council shall after preparation by the executive authority or the
commissioner, be submitted on or before such date and to such officer as may be
prescribed, and if the prescribed officer is satisfied that adequate provision
has not been made therein for the performance of any necessary service or
services, he shall have power to return the budget for modification in such
manner as may be necessary to secure such provision.
(3) The village panchayat or the panchayat union
council as the case may be, shall sanction the budget with such modification as
it thinks fit. If there is a difference of opinion between the officer referred
to in sub-section (2) and the village panchayat and the panchayat union
council, as the case may be, the budget shall be referred to the Inspector in
the case of village panchayat and the Government in the case of the panchayat union council. The Inspector
or the Government, as the case may be, shall have power to modify the budget in
such manner as he or they may consider necessary.
(4) If in the course of a year, a village panchayat or
panchayat union council finds it necessary to alter the figures shown in the
budget with regard to its receipts or to the distribution of the amounts to be
expended on the different services undertaken by it, a supplemental or revised
budget may be framed, sanctioned, submitted and modified in the manner provided
in sub-sections (1) and (2), provided that no such alteration shall be given
effect to except with the consent of the prescribed officer.
(5) On or before such date in each year as may be
prescribed, every commisssioner shall submit to the Government through such
officer and in such forms as may be prescribed a budget for the ensuing
financial year showing the income and expenditure relating to the Panchayat
Union (Education) Fund.
(6) The Government may pass such orders as they think
fit in respect of the budget referred to in sub-section (5) and the panchayat
union council concerned shall be bound to carry out all such orders.
(7) The accounts of the Panchayat Union (Education)
Fund shall be examined and audited by an auditor appointed by the Government
under section 193, and the panchayat union council concerned shall carry out
any instruction which the Government may issue on the audit report.
Section 193 - Appointment of auditors
(1) The Government shall appoint auditors for the
accounts of the receipts and expenditure of the funds of the panchayat. Such
auditors shall be deemed to be "public servants" within the meaning
of section 21 of the Indian Penal Code(Central Act XLV of 1860).
(2) No contribution shall be recovered by the
Government from the panchayat towards the pay and allowances of such auditors
or towards any other expenditure involved in the audit of the accounts of the
panchayat.
Section 194 - Contribution to expenditure by other local authorities
If
the expenditure incurred by the Government or by any panchayat union council or
by any village panchayat or by any other local authority in the State for any
purpose authorised by or under this Act, is such as to benefit the inhabitants
of the panchayat union or panchayat village, the panchayat union council or the
village panchayat, as the case may be, may, with the sanction of the Inspector,
and shall, if so directed by him, make a contribution towards such expenditure.
Section 195 - Recovery of loans and advances made by Government
(1) Notwithstanding anything contained in the Local
Authorities Loans Act, 1914(Central Act IX of 1914) the Government may--.
(a) by order direct any person having custody of the
funds of the panchayat union council or the village panchayat to pay to them in
priority to any other charges against such fund, except charges for the service
of authorised loans, any loan or advance made by them to the panchayat union
council or the village panchayat for any purpose to which its funds may be
applied under this Act;
(b) recover any such loan or advance by suit.
(2) The person to whom the order referred to in clause
(a) of sub-section (1) is addressed shall be bound to comply with such order.
Section 196 - Application of certain sections of this Act to district panchayat
The
provisions of sections 190, 191, 192, 194 and 195 (both inclusive) shall, in as
far as may be, apply in relation to the district panchayat as they apply in
relation to village panchayat and panchayat union council.
Section 197 - Certain powers and functions of district panchayat to be notified by the Government
(1) It shall be lawful for the Government from time to
time to direct by notification that,--
(a) any of the powers and functions of the village
panchayat or panchayat union council or of the Government; or
(b) any road, bridge, channel, building or other
property movable, or immovable which is vested in the village panchayat or the
panchayat union council or the Government and which is situated in the
district, shall with the consent of the district
panchayat and subject to such exemption and conditions as the Government may
make and impose, be exercised or placed under the control and administration of
the district panchayat for the purposes of this Act and thereupon such powers
and functions and such road, bridge, channel, building or other property, shall
be under the control and administration of the district panchayat, subject to
all exceptions and to all charges and liabilities affecting the same.
(2) It shall be competent for the Government by
notification, to resume any of the powers and functions or property, placed
under the control of the district panchayat under sub-section (1), on such
terms as the Government may determine.
Section 198 - Finance Commission
(1) The Governor shall as soon as may be, after the
commencement of this Act, but not later than 24th April 1994 and thereafter at
the expiration of every fifth year, constitute a Finance Commission referred to
in Article 243-I of the Constitution to review the financial position of the
panchayats, and to make recommendations to the Governor as to?
(a) the principles which should govern,--
(i) ???the distribution between the State and
panchayats of the net proceeds of the taxes, duties, tolls and fees leviable by
the Government which may be divided between them and allocation between the
district panchayats, panchayat union councils and village panchayats of their
respective shares of such proceeds;
(ii) ??the
determination of the taxes, duties, tolls and fees which may be assigned to or
appropriated by the panchayats;
(iii) ??the
grants-in-aid to the panchayats, from the Consolidated Fund of the State;
(b)
the
measures needed to improve the financial position of the panchayats;
(c) any other matter referred to the Finance Commission
by the Governor in the interest of sound finance of the panchayats.
(2)
The
Finance Commission shall consist of a chairman and four other members.
(3)
The
chairman and members of Finance Commission shall possess such qualifications
and shall be appointed in such manner as may be prescribed.
(4)
The
Finance commission shall determine their procedure.
(5)
The
chairman or a member of the Finance Commission may resign his office by writing
under his hand and addressed to the Finance Secretary to the Government, but he
shall continue in office until his resignation is accepted by the Governor.
(6)
The
casual vacancy created by the resignation of the member or chairman under
sub-section (5) or for any other reasons may be filled by fresh appointment and
a member or chairman so appointed, shall hold office for the remaining period
for which the member or chairman in whose place he was appointed would have
held office.
(7) The Finance Commission shall have the following
powers in the performance of its functions, namely:-
(a) to call for any record from any officer or
authority;
(b) to summon any person to give evidence or produce
records; and
(c) such other powers as may be prescribed.
(8)
The
Finance Commission shall prepare a report on the activities of the Commission
and submit the same to the Government at the end of each financial year.
(9) The Governor shall cause every recommendation made
by the Finance Commission under this section together with an explanatory memorandum
as to the action taken thereon to be placed in the table of the Legislative
Assembly.
Section 199 - Appointment of officers to supervise panchayats
(1) The Government may appoint such officers as may be
required for the purpose of inspecting or superintending the operations of all
or any of the panchayats constituted under this Act.
(2) The Government shall have power to regulate by
rules made under this Act, the classifications, methods of recruitment,
conditions of service, pay and allowances and discipline and conduct of the
officers referred to in sub-section (1) and of the members of their
establishments.
Section 200 - Powers of inspecting officers
(1) The Inspector or the Collector or any officer
appointed under section 199 or any other officer or person whom the Government
or the Inspector or the Collector may empower in this behalf, may-
(a) enter on and inspect any immovable property, or any
work in progress, under the control of any panchayat or any executive authority
or commissioner or chief executive officer;
(b) enter any school, dispensary, vaccination station
or choultry maintained by or under the control of any panchayat or any other
institution maintained by or under the control of any panchayat and inspect any
records, registers or other documents kept in any such institution;
(c) enter the office of any panchayat and inspect any
records, registers or other documents kept therein.
(2) Village panchayats and their presidents, executive
authorities, panchayat union councils and their chairmen, commissioners,
district panchayats and their chairmen, chief executive officers and the
officers and servants of panchayats shall be bound to afford to the officers
and persons aforesaid, such access, at all reasonable times, to panchayat
property or premises and to all documents as may, in the opinion of such
officers or persons, subject to such rules as may be prescribed, be necessary
to enable them to discharge their duties under this section.
Section 201 - Powers of officers for purpose of control
The
Inspector or any officer or person whom the Government or the Inspector, may
empower in this behalf may,-
(a) direct the village panchayat or panchayat union
council or the district panchayat to make provision for and to execute or
provide any public work or amenity, or service of the description referred to
in sections 110, 112 and 163;
(b) call for any record, register or other document in
the possession, or under the control, of any panchayat or executive authority,
or commissioner or chief executive officer;
(c) require any panchayat or executive authority or
commissioner or the chief executive officer to furnish any return, plan,
estimate, statement, account or statistics;
(d) require any panchayat or executive authority or
commissioner or the chief executive officer to furnish any information or
report on any matter connected with such panchayat;
(e) require any panchayat or executive authority or the
commissioner or the chief executive officer to obtain his previous sanction
before giving up a claim or closing down any institution which is a source of
income;
(f) record in writing for the consideration of any
panchayat or executive authority or commissioner or the chief executive
officer, any observations in regard to its or his proceedings or duties.
Section 202 - Power to suspend or cancel resolution, etc. under the Act
(1) The Inspector may, by order in writing,-
(i) ???suspend
or cancel any resolution passed, order issued, or licence or permission
granted, or
(ii) ??prohibit
the doing of any act which is about to be done or is being done, in pursuance
or under colour of this Act, if in his opinion,-
(a) such resolution, order, licence, permission or act
has not been legally passed, issued, granted or authorised, or
(b) such resolution, order, licence, permission or act
is in excess of the powers conferred by this Act or any other law or an abuse
of such powers or is considered by the Inspector to be otherwise undesirable,
or
(c) the execution of such resolution or order, or the
continuance in force of such licence or permission or the doing of such act is
likely to cause danger to human life, health or safety, or is likely to lead to
a riot or an affray:
Provided
that nothing in this sub-section shall enable the Inspector to set aside any
election which has been held.
(2) The Inspector shall, before taking action on any of
the grounds referred to in clauses (a) and (b) of sub-section (1), give the
authority or person concerned an opportunity for explanation.
(3) The power conferred on the Inspector under clause
(c) of sub-section (1) may be exercised by the Collector in accordance with the
provisions of that clause.
Section 203 - Emergency powers of Collector and Inspector
Subject
to such control as may be prescribed, the Inspector or the Collector may, in
cases of emergency, direct or provide for the execution of any work, or the
doing of any act which a panchayat or executive authority or commissioner or
chief executive officer is empowered to execute or do, and the immediate
execution or doing of which is in his opinion necessary for the safety of the
public, and may direct that the expense of executing such work or doing such act
shall be paid by the person having the custody of the Village Panchayat Fund or
the Panchayat Union (General) Fund or the District Panchayat (General) Fund in
priority to any other charges against such Fund except charges for the service
of authorized loans.
Section 204 - Power to take action in default of a village panchayat, president or executive authority, etc.
(1) If at any time it appears to the Inspector that a
village panchayat, president or executive authority or that a panchayat union
council or its chairman or commissioner or a district panchayat or its chairman
or chief executive officer, has made default in performing any duty imposed by
or under this or any other Act, he may, by order in writing, fix a period for
the performance of such duty.
(2) If such duty is not performed within the period so
fixed, the Inspector may appoint some person to perform it, and may direct that
the expense of performing it shall be paid by the person having the custody of
the Village Panchayat Fund or the Panchayat Union Fund or the District
Panchayat (General) Fund as the case may be, in priority to any other charges
against such Fund except charges for the service of authorised loans.
(3) If on a representation in writing made by the
president, the Inspector is satisfied that due to the non-co-operation of the
members with the president, the village panchayat is not able to function, the
Inspector may, by notification, authorise the president to perform, subject to
the control of the Inspector, such of the duties imposed upon the village
panchayat by law and for such period not exceeding six months as may be
specified in such notification. During the period for which the president is so
authorised, there shall be no meeting of the village panchayat.
(4) If on a representation in writing made by the
chairman, the Government are satisfied that due to the non-co-operation of the
members with the chairman, the panchayat union council or the district panchayat,
as the case may be, is not able to function, the Government may, by
notification, authorise the chairman to perform, subject to the control of the
Government or any officer authorised by the Government in this behalf, such of
the duties imposed upon the panchayat union council or the district panchayat, as
the case may be, by law and for such period not exceeding six months as may be
specified in such notification. During the period for which the chairman is so
authorised, there shall be no meeting of the panchayat union council or the
district panchayat.
Section 205 - Removal of president
(1) The Inspector?
(a) of his own motion, or
(b) on a representation in writing signed by not less
than two-thirds of the sanctioned strength of the village panchayat containing
a statement of charges against the president and presented in person to the
Inspector by any two of the members of the village panchayat, is satisfied that the president
wilfully omits or refuses to carry out or disobeys any provision of this Act,
or any rule, by-law, regulation, or lawful order made or issued under this Act
or abuses any power vested in him, the Inspector shall, by notice in writing,
require the president to offer within a specified date, his explanation with
respect to his acts of omission or commission mentioned in the notice.
(2) If the explanation is received within the specified
date and the Inspector considers that the explanation is satisfactory, he may
drop further action with respect to the notice. If no explanation is received
within the specified date or if the explanation received is in his opinion not
satisfactory, he shall forward to the Tahsildar of the taluk a copy of the
notice referred to in sub-section (1) and the explanation of the president if
received within the specified dale with a proposal for the removal of the president
for ascertaining the views of the village panchayat.
(3)
The
Tashildar shall then convene a meeting for the consideration of the notice and
the explanation, if any, and the proposal for the removal of the president, at
the office of the village panchayat at a time appointed by the Tashildar.
(4)
A
copy of the notice of the meeting shall be caused to be delivered to the
president and to all the members of the village panchayat by the Tahsildar at
least seven days before the date of the meeting.
(5)
The
Tahsildar shall preside at the meeting convened under this section and no other
person shall preside thereat. If, within half an hour appointed for the
meeting, the Tahsildar is not present to preside at the meeting, the meeting
shall stand adjourned to a time to be appointed and notified to the members and
the president by the Tahsildar under sub-section (6).
(6)
If
the Tahsildar is unable to preside at the meeting, he may, after recording his
reasons in writing, adjourn the meeting to such other time as he may appoint.
The date so appointed shall be not later than thirty days from the date so
appointed for the meeting under sub-section (3). Notice of not less than seven
clear days shall be given to the members and the president of the time
appointed for the adjourned meeting.
(7)
Save
as provided in sub-sections (5) and (6), a meeting convened for the purpose of
considering the notice and the explanation, if any, and the proposal for the
removal of the president under this section shall not for any reason, be
adjourned.
(8)
As
soon as the meeting convened under this section is commenced, the Tahsildar,
shall read to the village panchayat the notice of the Inspector and the
explanation, if any, of the president, for the consideration of which it has
been convened.
(9)
The
Tahsildar shall not speak on the merits of the notice or explanation nor shall
he be entitled to vote at the meeting.
(10)
The
views of the village panchayat shall be duly recorded in the minutes of the
meeting and a copy of the minutes shall forthwith on the termination of the
meeting be forwarded by the Tahsildar to the Inspector.
(11)
The
Inspector may, after considering the views of the village panchayat in this
regard, in his discretion either remove the president from office by
notification with effect from a date to be specified therein or drop further
action.
(12)
The
Government shall have power to cancel any notification issued under sub-section
(11) and may, pending a decision on such cancellation, postpone the date
specified in such notification.
(13) Any person in respect of whom a notification has
been issued under subsection (11) removing him from the office of president
shall, unless the notification is cancelled under sub-section (12), be
ineligible for election as president until the date on which notice of the next
ordinary elections to the village panchayat is published in the prescribed
manner, or the expiry of one year from the date specified in such notification
as postponed by the order, if any, issued under sub-section (12) whichever is
earlier.
Section 206 - Removal of vice-president
(1) If in the opinion of the Inspector, the
vice-president wilfully omits or refuses to carry out or disobeys any
provisions of this Act, or any rule, by-law, regulation, or lawful order made
or issued under this Act or abuses any power vested in him, the Inspector shall
by notice in writing, require the vice-president to offer within a specified
date, his explanation with respect to his cases of omission or commission
mentioned in the notice.
(2) The provisions of sub-sections (2) to (13) (both
inclusive) of section 205 shall, as far as may be, apply in relation to the
removal of the vice-president as they apply in relation to the removal of the
president by the Inspector on his own motion.
Section 207 - Removal of chairman of panchayat union council
(1) If the Government,-
(a) of their own motion, or
(b) on a representation in writing signed by not less
than two-thirds of the strength of the panchayat union council containing a
statement of charges against the chairman of the panchayat union council and
presented in person to any officer appointed by the Government in this behalf
by any two of the members of the panchayat union council, are satisfied that the chairman
wilfully omits or refuses to carry out or disobeys the provisions of this Act,
or any rules, by-laws, regulations or lawful orders issued thereunder or abuses
the powers vested in him, the Government shall, by notice in writing, require
the chairman to offer within a specifed date, his explanation with respect to
his acts of omission or commission mentioned in the notice.
(2)
If
the explanation is received within the specified date and the Government
consider that the explanation is satisfactory, the Government may drop further
action with respect to the notice. If no explanation is received within the
specified date or if the explanation received is in their opinion not
satisfactory, the Government shall forward to the Revenue Divisional Officer of
the division concerned, a copy of the notice referred to in sub-section (1) and
the explanation of the chairman with a proposal for the removal of the chairman
from office for ascertaining the views of the panchayat union council.
(3)
The
Revenue Divisional Officer shall then convene a meeting for the consideration
of the notice and the explanation, if any, and the proposal for the removal of
the chairman at the office of the panchayat union council at a time appointed
by the Revenue Divisional Officer.
(4)
A
copy of the notice of the meeting shall be caused to be delivered to the
concerned chairman and to all the members of the panchayat union council by the
Revenue Divisional Officer at least seven days before the dale of the meeting.
(5) The Revenue Divisional Officer shall preside at the
meeting convened under this section and no other person shall preside thereat.
If within half an hour appointed for the meeting, the Revenue Divisional
Officer is not present to preside at the meeting, the meeting shall stand
adjourned to a time to be appointed and notified to the members by the Revenue
Divisional Officer, under sub-section (6).
(6)
If
the Revenue Divisional Officer is unable to preside at the meeting, he may,
after recording his reasons in writing, adjourn the meeting to such other time
as he may appoint. The date so appointed shall be not later than thirty days
from the date appointed for the meeting under sub-section (3). Notice of not
less than seven clear days shall be given to the members of the time appointed
for the adjourned meeting.
(7)
Save
as provided in sub-sections (5) and (6), a meeting convened for the purpose of
considering the notice and the explanation, if any, and the proposal for the
removal of the chairman under this section shall not, for any reason, be
adjourned.
(8)
As
soon as the meeting convened under this section is commenced, the Revenue
Divisional Officer shall read to the panchayat union council the notice of the
Government and the explanation, if any, of the chairman for the consideration
of which it has been convened.
(9)
There
shall be no debate in any meeting under this section.
(10)
The
Revenue Divisional Officer shall not speak on the merits of the notice or
explanation nor shall he be entitled to vote at the meeting.
(11)
The
views of the panchayat union council shall be duly recorded in the minutes of
the meeting and a copy of the minutes shall forthwith on the termination of the
meeting be forwarded by the Revenue Divisional Officer to the Government.
(12)
The
Government may, after considering the views of the panchayat union council in
this regard in their discretion either remove the chairman from office by notification
with effect from a date to be specified therein or drop further action.
(13) Any person in respect of whom a notification has
been issued under sub-section (12) removing him from the office of chairman
shall be ineligible for election as chairman and for holding any of those
offices until the date on which notice of the next ordinary elections to the
panchayat union council is published in the prescribed manner or the expiry of
one year from the date specified in the notification whichever is earlier.
Section 208 - Removal of vice-chairman of panchayat union council
(1) If, in the opinion of the Government, the
vice-chairman of the panchayat union council wilfully omits or refuses to carry
out or disobeys any provisions of this Act, or any rules, by-laws, regulations
or lawful orders issued thereunder or abuses any power vested in him, the
Government shall, by notice in writing, require the vice-chairman to offer
within a specified date, his explanation with respect to his acts of omission
or commission mentioned in the notice.
(2) The provisions of sub-sections (2) to (13) (both
inclusive) of section 207 shall, as far as may be, apply in relation to the
removal of the vice-chairman as they apply in relation to the removal of the
chairman of the panchayat union council by the Government on their own motion.
Section 209 - Removal of chairman of district panchayat
(1) If the Government,--
(a) of their own motion,
or
(b) on a representation in writing signed by not less
than two-thirds of the strength of the district panchayat containing a
statement of charges against the chairman of the district panchayat and presented in person
to any officer appointed by the Government in this behalf, by any two of the
members of the district panchayat, are satisfied that the chairman wilfully omits or
refuses to carry out or disobeys the provisions of this Act, or any rules,
by-laws, regulations or lawful orders issued thereunder or abuses the powers
vested in him, the Government shall, by notice in writing, require the chairman
to offer within a specified date, his explanation with respect to his acts of
omission or commission mentioned in the notice.
(2) The provisions of sub-sections (2) to (13) (both
inclusive) of section 207 shall, as far as may be, apply in relation to the
removal of the chairman of district panchayat as they apply in relation to the
removal of the chairman of panchayat union council by the Government on their
own motion.
Section 210 - Removal of vice-chairman of district panchayat
(1) If, in the opinion of the Government, the
vice-chairman of district panchayat, wilfully omits or refuses to carry out or
disobeys any provisions of this Act, or any rules, by-laws, regulations or
lawful orders issued thereunder or abuses any power vested in him, the Government
shall, by notice in writing, require the vice-chairman of district panchayat to
offer within a specified date, his explanation with respect to his acts of
omission or commission mentioned in the notice.
(2) The provisions of sub-sections (2) to (13) (both
inclusive) of section 207 shall, as far as may be, apply in relation to the
removal of the vice-chairman of district panchayat, as they apply in relation
to the removal of the chairman of panchayat union council, by the Government on
their own motion.
Section 211 - Motion of no confidence in vice-president of panchayat
(1) Subject to the provisions of this section, a motion
expressing want of confidence in the vice-president of a village panchayat may
be made in accordance with the procedure laid down herein.
(2) Written notice of intention to make the motion,
signed by members of the village panchayat not less in number than one-half of
the sanctioned strength of the village panchayat, together with a copy of the
motion which is proposed to be made, and a written statement of the charges
against the vice-president, shall be delivered in person to the Tahsildar of
the taluk by any two of the members of the village panchayat signing the
notice.
(3) A copy of the statement of charges along with the
notice of the meeting shall be caused to be delivered to the vice-president
concerned by the Tahsildar, and the vice-president shall be required to give a
statement in reply to the charges within a week of the receipt of the notice by
the vice-president.
(4) The Tahsildar shall, after the expiry of the period
of the notice issued under sub-section (3) convene a meeting for the
consideration of the motion, at the office of the village panchayat at a time
appointed by him.
(5) The Tahsildar shall give to the members notice of
not less than fifteen clear days of such meeting and of the time appointed
therefor.
(6) The Tahsildar shall preside at the meeting convened
under this section, and no other person shall preside thereat. If within half
an hour after the time appointed for the meeting, the Tahsildar is not present
to preside at the meeting, the meeting shall stand adjourned to a time to be
appointed and notified to the members by the Tahsildar under sub-section (7).
(7) If the Tahsildar is unable to preside at the
meeting, he may, after recording his reasons in writing, adjourn the meeting to
such other time as he may appoint. The date so appointed shall not be later
than thirty days from the date appointed for the meeting under sub-section (4).
Notice of not less than seven clear days shall be given to the members, of the
time appointed for the adjourned meeting.
(8) Save as provided in sub-sections (6) and (7), a
meeting convened for the purpose of considering a motion under this section
shall not for any reason be adjourned.
(9) As soon as the meeting convened under this section
has commenced, the Tahsildar shall read to the village panchayat, the motion
for the consideration of which it has been convened, the statement of charges
and the written statement, if any, of the vice-president in reply to the said
charges.
(10) There shall be no debate on any motion under this
section.
(11) The Tahsildar shall not speak on the merits of the
motion, nor shall he be entitled to vote thereon.
(12) A copy of the minutes of the meeting together with
a copy of the motion and the result of the voting thereon shall forthwith on
the termination of the meeting be forwarded by the Tahsildar to the Inspector.
(13) If the motion is carried with the support of not
less than two-thirds of the sanctioned strength of the village panchayat, the
Inspector shall, by notification, remove the vice-president of the village
panchayat.
(14) If the motion is not carried by such a majority as
aforesaid, or if the meeting cannot be held for want of the quorum referred to
in sub-section (13), no notice of any subsequent motion expressing want of
confidence in the same vice-president shall be received until after the expiry
of six months from the date of the meeting.
(15) No notice of a motion under this section shall be
received within six months of the assumption of office by the vice-president.
Section 212 - Motion of no confidence in vice-chairman of district panchayat union council
(1) Subject to the provisions of this section, a motion
expressing want of confidence in the vice-chairman of a panchayat union council
may be made in accordance with the procedure laid down herein.
(2) Written notice of intention to make the motion,
signed by members of the panchayat union council not less in number than one-half
of the sanctioned strength of the panchayat union council, together with a copy
of the motion which is proposed to be made and a written statement of the
charges against the vice-chairman shall be delivered in person to the Revenue
Divisional Officer of the division by any two of the members of the panchayat
union council signing the notice.
(3) A copy of the statement of charges along with the
motion shall be caused to be delivered to the concerned vice-chairman by the
Revenue Divisional Officer and the vice-chairman shall be required to give a
statement in reply to the charges within a week of the receipt of the motion by
the vice-chairman.
(4) The Revenue Divisional Officer shall then convene a
meeting for the consideration of the motion at the office of the panchayat
union council at a time appointed by him.
(5) The Revenue Divisional Officer shall give to the
members notice of not less than fifteen clear days of the meeting and of the
time appointed therefor.
(6) The Revenue Divisional Officer shall preside at the
meeting convened under this section, and no other person shall preside thereat.
If within half an hour after the time appointed for the meeting, the Revenue
Divisional Officer is not present to preside at the meeting, the meeting shall
stand adjourned to a time to be appointed and notified to the members by the
Revenue Divisional Officer under sub-section (7).
(7) If the Revenue Divisional Officer is unable to
preside at the meeting, he may, after recording his reasons in writing adjourn
the meeting to such other time as he may appoint. The date so appointed shall
not be later than thirty days from the date appointed for the meeting under
sub-section (4). Notice of not less than seven clear days shall be given to the
members of the time appointed for the adjourned meeting.
(8) Save as otherwise provided in sub-sections (6) and
(7), a meeting convened for the purpose of considering a motion under this
section shall not for any reason be adjourned.
(9) As soon as the meeting convened under this section
has commenced, the Revenue Divisional Officer shall read to the panchayat union
council the motion for the consideration of which it has been convened, the
statement of charges and the statement, if any, of the vice-chairman in reply
to the said charges.
(10) There shall be no debate on any motion under this
section.
(11) The Revenue Divisional Officer shall not speak on
the merits of the motion, nor shall he be entitled to vote thereon.
(12) A copy of the minutes of the meeting together with
a copy of the motion and the result of the voting thereon shall forthwith on
the termination of the meeting be forwarded by the Revenue Divisional Officer
to the Government.
(13) If the motion is carried with the support of not
less than two-thirds of the sanctioned strength of the panchayat union council,
the Government shall, by notification, remove the vice-chairman of the
panchayat union council.
(14) If the motion is not carried by such a majority as
aforesaid, or if the meeting cannot be held for want of the quorum referred to
in sub-section (13), no notice of any subsequent motion expressing want of
confidence in the same vice-chairman shall be received until after the expiry
of six months from the date of the meeting.
(15) No notice of a motion under this section shall be
received within six months of the assumption of office by the vice-chairman.
Section 213 - Motion of no confidence in vice-chairman of district panchayat
A
motion expressing want of confidence in the vice-chairman of a district
panchayat may be made in accordance with the procedure specified in
sub-sections (2) to (15) (both inclusive) of section 212, subject to the
modification that the reference to Revenue Divisional Officer in the said
sub-sections shall be construed as a reference to Collector.
Section 214 - Dissolution of village panchayat
(1) If, in the opinion of the Government, a village
panchayat is not competent to perform or persistently makes default in
performing the duties imposed on it by law, or exceeds or abuses its powers,
they may, by notification, direct that the village panchayat be dissolved with
effect from a specified date and reconstituted with effect from a specified
date which shall be within a period of six months from the date of such
dissolution.
(2) Before publishing a notification under sub-section
(1), the Government shall communicate to the village panchayat, the grounds on
which they propose to do so, fix a reasonable period for the village panchayat
to show cause against the proposal and consider its explanations and objections
if any.
(3) On the date fixed for the dissolution of a village
panchayat under sub-section (1), all its members as well as its president and
vice-president shall forthwith be deemed to have vacated their offices as such
and thereupon the provisions contained in the proviso to sub-section (2) of
section 16 shall apply.
(4) In case the president of a village panchayat which
is dissolved under this section is a member of a panchayat union council, he
shall, with effect on and from the date of the dissolution, be deemed to have
vacated his office as such member notwithstanding anything contained in section
22.
(5) On the reconstitution of the village panchayat
after the dissolution, the Government may pass such orders as they deem fit as
to the transfer to the village panchayat from the panchayat union council of
the assets or institutions which were acquired by the panchayat union council
during the period of dissolution on behalf of the village panchayat and as to
the discharge of the liabilities if any, of such village panchayat relating to
such assets or institutions.
(6) In the case of a village panchayat reconstituted
after dissolution, the elected member including the president shall enter upon
their offices on the date fixed for its reconstitution and shall hold their
offices only for the remainder of the period for which the dissolved village
panchayat would have continued under sub-section (1) of section 9, had it not
been dissolved.
Section 215 - Dissolution of panchayat union council
(1) If, in the opinion of the Government a panchayat
union council is not competent to perform or persistently makes default in
performing the duties imposed on it by law or exceeds or abuses its powers,
they may, by notification-
(a) dissolve the panchayat union council from a specified
date; and
(b) direct that the panchayat union council be
reconstituted with effect from a date which shall not be later than six months
from the date of dissolution.
(2)
Before
publishing a notification under sub-section (1), the Government shall communicate
to the panchayat union council the grounds on which they propose to do so, fix
a reasonable period for the panchayat union council to show cause against the
proposal and consider its explanations and objections, if any.
(3)
On
the date fixed for the dissolution of a panchayat union council under
sub-section (1) all its members as well as its chairman and vice-chairman shall
forthwith be deemed to have vacated their offices as such.
(4) During the interval between the dissolution and the
reconstitution of a panchayat union council, the Inspector may appoint a person
to exercise the powers and discharge the duties of the panchayat union council
and of its chairman:
Provided
that any person to be appointed under the provisions of this sub-section shall
be a person in the service of the Government not below the rank of a Tahsildar
or a commissioner.
(5)
The
Government may direct that the panchayat union council be reconstituted before
the date fixed for its reconstitution under clause (b) of sub-section (1).
(6)
The
members as well as the chairman and vice-chairman of a reconstituted panchayat
union council shall enter upon their offices on the date fixed for its
reconstitution and they shall hold their offices only for the remainder of the
period for which the dissolved panchayat union council would have continued
under sub-section (1) of section 18, had it not been dissolved.
(7) When a panchayat union council is dissolved under
this section, the Government until the date of the reconstitution of the
panchayat union council and the reconstituted panchayat union council
thereafter shall be entitled to all the assets and be subject to all the
liabilities of the panchayat union council as on the date of the reconstitution
respectively.
Section 216 - Dissolution of district panchayat
(1) If, in the opinion of the Government, a district
panchayat is not competent to perform or persistently makes default in
performing the duties imposed on it by law or exceeds or abuses its powers,
they may, by notification-
(a) dissolve the district panchayat from a specified
date; and
(b) direct that the district panchayat be reconstituted
with effect from the date, which shall not be later than six months from the
date of dissolution.
(2) The provisions of sub-section (2) to (7) (both
inclusive) of section 215 shall, as far as may be, apply in relation to the
dissolution of a district panchayat as they apply in relation to the
dissolution of a panchayat union council.
Section 217 - Powers of officers acting on behalf of panchayat and liability for payment of compensation
The
Government, the Inspector or any other person lawfully taking action on behalf,
or in default, of a panchayat under this Act, shall have such powers as are
necessary for the purpose and shall be entitled to the same protection under
this Act as the panchayat or its officers or servants whose powers are
exercised; and compensation shall be recoverable from the Village Panchayat
Fund or the Panchayat Union Fund or the District Panchayat (General) Fund by
any person suffering damage from the exercise of such powers to the same
extent, as if the action had been taken by the panchayat or their officers or
servants.
Section 218 - Delegation of powers
(1) The Government may, by notification, authorize any
authority or officer not below the rank of a Collector to exercise in regard to
any panchayat or any class of panchayats in any area or all panchayats in any
area, any of the powers vested in them by this Act except the power to make
rules and may in like manner withdraw such authority.
(2) The Inspector or the Collector may by notification
authorise any officer not below the rank of a Revenue Divisional Officer to
exercise in respect of any panchayat union council or any class of panchayat
union councils or all panchayat union councils in the area under the
jurisdiction of such officer, any of the powers vested by this Act on the
Inspector or the Collector as the case may be and may in like manner withdraw
such authority.
(3) The Inspector or the Collector may, by
notification, authorise any officer not below the rank of a commissioner to
exercise in respect of any village panchayat or any class of village panchayats
or all village panchayats in the panchayat development block any of the powers
vested by this Act on the Inspector or the Collector as the case may be and may
in like manner withdraw such authority.
(4) The exercise of any power delegated under
sub-sections (1) to (3) shall be subject to such restrictions and conditions as
may be prescribed or as may be specified in the notification and also to
control and revision by the delegating authority, or where such authority is
the Government by such officer as may be empowered by the Government in this
behalf. The Government shall also have power to control and revise the acts or
proceedings of any officer so empowered.
(5) The exercise of any power conferred on the
Inspector or the Collector by any of the provisions of this Act including
sub-sections (2) to (4) of this section shall whether such power is exercised
by the Inspector or the Collector himself or by any officer to whom it has been
delegated under sub-section (2) or (3) be subject to such restrictions and
conditions as may be prescribed and also control by the Government or by such
officer as may be empowered by them in this behalf. The Government shall also
have power to control the acts or proceedings of any officer so empowered.
Section 219 - Revision
(1) The Government may, after consulting the Inspector,
Collector or such other officer or authority as they may deem fit, at any time,
either suo motu or on application, call for and examine the record of any order
passed or proceeding recorded under the provisions of this Act by--
(a) the Inspector or the Collector or any officer
authorised by the Inspector or the Collector under sub-section (2) or (3) of
section 218; or
(b) any officer authorised by the Government under
sub-section (1) of that section or any officer empowered by them under
sub-section (4) of that section; or
(c) any other authority or officer;
for the purpose of satisfying themselves as the
legality or propriety of such order, or as to the regularity of such proceeding
and pass such order in reference thereto as they think fit.
(2) The powers of the nature referred to in sub-section
(1) may also be exercised by such authority or officer as may be empowered in
this behalf by the Government.
Section 220 - General provisions regarding licence and permissions
(1) Save as otherwise expressly provided in or may be
prescribed under this Act, every application for any licence or permission
under this Act or any rule, by-law or regulation made thereunder, or for the
renewal thereof, shall be made not less than thirty and not more than ninety
days before the earliest date with effect from which, or the commencement of
the period (being a year or such less period as is mentioned in the
application) for which the licence or permission is required.
(2) Save as aforesaid, for every such licence or
permission, fees may be charged on such units and at such rates as may be fixed
by the panchayat, provided that the rates shall not exceed the maximum, if any,
prescribed.
(3) Save as aforesaid, if orders on an application for
any such licence or permission are not communicated to the applicant within
thirty days or such longer period as may be prescribed in any class of cases
after the receipt of the application by the executive authority of the village
panchayat or the commissioner or the chief executive officer. The application
shall be deemed to have been allowed for the period, if any, for which it would
have been ordinarily allowed and subject to the law, rules, by-laws and
regulations and all conditions ordinarily imposed.
(4) The acceptance of the pre-payment of the fee for
any such licence or permission shall not entitle the person making such
pre-payment to the licence or permission, but only to a refund of the fee in
case of refusal of the licence or permission.
(5) If an act, for which any such licence or permission
is necessary, is done without such licence or permission, or in a manner
inconsistent with the terms of the licence or permission obtained, then-
(a) the executive authority of the village panchayat or
the commissioner or the chief executive officer may by notice require the
person so doing such act to alter, remove, or as far as practicable restore to
its original state, the whole, or any part of any property, movable or
immovable, public or private affected thereby, within a time to be specified in
the notice; and further,
(b) if no penalty has been specially provided in this
Act for so doing such act the person so doing it shall be punishable with fine
not exceeding fifty rupees for such offence.
(6) Whenever any person is convicted of an offence in
respect of the failure to obtain any such licence or permission, the Magistrate
shall, in addition to any fine which may be imposed, recover summarily and pay
over to the panchayat the amount of the fee chargeable for the licence or
permission, and may, in his discretion, also recover summarily and pay over to
the panchayat such amount, if any as he may fix as the costs of the
prosecution.
Explanation:-
The recovery of the fee for a licence or permission under this sub-section
shall not entitle the person convicted to the licence or permission.
Section 221 - Government and market committees not to obtain licence and permission
Nothing
in this Act or in any rule, by-law or regulation made thereunder shall be
construed as requiring the taking out of any licence or the obtaining of any
permission under this Act or any such rule, by-law or regulation in respect of
any place in the occupation or under the control of the Central or the State
Government or of a market committee established under the Tamil Nadu
Agricultural Produce Marketing (Regulation) Act, 1987(Tamil Nadu Act 27 of
1989), or in respect of any property of the Central or the State Government or
of any property belonging to such market committee.
Section 222 - Time for complying with notice, order, etc. and power to enforce in default
(1) Whenever by any notice, requisition or order under
this Act, or under any rule, bye-law or regulation made thereunder, any person
is required to execute any work, to take any measures or to do anything, a
reasonable time shall be named in such notice, requisition or order within which
the work shall be executed, the measure taken or the thing done.
(2) If such notice, requisition or order is not
complied with within the time so named:-
(a) the executive authority of the village panchayat or
the commissioner or the chief executive officer, as the case may be, may cause
such work to be executed, or may take any measure or do anything which may, in
his opinion, be necessary for giving due effect to the notice, requisition or
order, and
(b) if no penalty has been specially provided in this
Act for failure to comply with such notice, requisition or order, the said
person shall be punishable with fine not exceeding fifty rupees for every such
offence.
Section 223 - Power of entry and inspection
(1) Subject to such restrictions and conditions as may
be prescribed, the executive authority or the commissioner or the chief
executive officer or any person authorised by him may enter on or into any
place, building or land, with or without assistants or workmen in order ?
(a) to make any enquiry, inspection, test, examination,
survey, measurement or valuation or to execute any other work, which is
authorised by the provisions of this Act or of any rule, by-law, regulation or
order made under it or which it is necessary to make or execute for any of the
purposes of this Act or in pursuance of any of the said provisions, or
(b) to satisfy himself that nothing is being done in
such place, building or land for which a licence or permission is required
under any of the said provisions, without such licence or permission or
otherwise than in confirmity with the terms of the licence or permission
obtained.
(2) No claim shall lie against any person for any
damage or inconvenience necessarily caused by the exercise of powers under
sub-section (1) or the use of any force necessary for effecting an entrance
under that sub-section.
Section 224 - Testing of weights and measures
The
executive authority or the commissioner or the chief executive officer or any
person authorised by him, may examine and test the weights and measures used in
the markets and shops in the panchayat village or the panchayat union or the
district panchayat area as the case may be, with a view to the prevention and
punishment of offences relating to such weights and measures under Chapter XIII
of the Indian Penal Code(Central Act XLV of 1860).
Section 225 - Power to call for information from Village Administrative Officer
(1) The executive authority or the commissioner or the
chief executive officer may, by an order in writing, require the Village
Administrative Officer of any revenue village comprised within the jurisdiction
of the village panchayat or panchayat union council or district panchayat to
furnish him with information on any matter falling within such categories as
may be prescribed in respect of such village or any part thereof or any person
or property therein.
(2) The order shall specify the period within which it
may be complied with but the executive authority or the commissioner or the
chief executive officer, may, from time to time, extend such period.
Section 226 - Limitation for recovery of dues
No
distraint shall be made, no suit shall be instituted and no prosecution shall
be commenced in respect of any tax or other sum due to a panchayat under this
Act or any rule, bye-law, regulation or order made under it after the
expiration of a period of six years from the date on which distraint might
first have been made, a suit might first have been instituted or prosecution
might first have been commenced, as the case may be, in respect of such tax or
sum.
Section 227 - Persons empowered to prosecute
Save
as otherwise expressly provided in this Act, no person shall be tried for any
offence against this Act or any rule or bye-law made thereunder unless
complaint is made within three months of the commission of the offence by the
police, the executive authority, the panchayat union council, the commissioner,
the district panchayat, the chief executive officer or a person expressly
authorised in this behalf by the village panchayat, panchayat union council,
district panchayat, executive authority or commissioner or the chief executive officer
but nothing herein shall affect the provisions of the Code of Criminal
Procedure, 1973(Central Act 2 of 1974) in regard to the power of certain
Magistrates to take cognizance of offence upon information received or upon
their own knowledge or suspicion:
Provided
that failure to take out a licence or obtain permission under this Act shall,
for the purposes of this section, be deemed to be a continuing offence until
the expiration of the period, if any, for which the licence or permission is
required and if no period is specified, complaint may be made at any time
within twelve months from the commencement of the offence.
Section 228 - Composition of offences
The
executive authority or the commissioner or the chief executive officer may,
subject to such restrictions and control, as may be prescribed, compound any
offence against this Act or any rule or by-law made thereunder, which may by
rules be declared compoundable.
Section 229 - Prosecutions and compositions to be reported to village panchayat, panchayat union council or district panchayat
Every
prosecution instituted or offence compounded by the executive authority or the
commissioner or the chief executive officer shall be reported by him to the
village panchayat or panchayat union council or the district panchayat, as the
case may be, at its next meeting.
Section 230 - Sanction of prosecution
(1) When the president or the executive authority or
the chairman or vice-chairman of a panchayat union council or district
panchayat or the commissioner or the chief executive officer or any member is
accused of any offence alleged to have been committed by him while acting or
purporting to act in the discharge of his official duty, no court shall take
cognizance of such offence except with the previous sanction of the Government.
(2) When according previous sanction under sub-section
(1), it shall be open to the Government to direct by order that the president,
executive authority, chairman, vice-chairman or commissioner or the chief executive
officer, as the case may be, shall not discharge his duties as such until the
disposal of the case.
Section 231 - Notice of action against village panchayat, etc.
(1) Subject to the provisions of section 232, no suit
or other legal proceeding shall be brought against any village panchayat or its
president or executive authority or any panchayat union council or its chairman
or the commissioner or the district panchayat or its chairman or the chief
executive officer or any member, officer or servant thereof or against any
person acting under the direction of such village panchayat, president,
panchayat union council or its chairman, district panchayat or its chairman,
executive authority, commissioner, chief executive officer, member, officer or
servant, in respect of any act done or purporting to be done under this Act or
in respect of any alleged neglect or default in the execution of this Act or
any rule, by-law, regulation or order made under it until the expiration of two
months next after notice in writing, stating the cause of action, the nature of
the relief sought, the amount of compensation claimed and the name and place of
residence of the intended plaintiff has been left at the office of the
village panchayat or panchayat union council and if the proceeding is intended
to be brought against any such president, executive authority, chairman,
commissioner, chairman of district panchayat, chief executive officer, member,
officer, servant or person, also delivered to him or left at his place of residence.
(2) Every such proceeding shall, unless it is a
proceeding for the recovery of immovable property or for a declaration of title
thereto, be commenced within six months after the date on which the cause of
action arose or in case of a continuing injury or damage, during such
continuance or within six months after the ceasing thereof.
(3) If any village panchayat, panchayat union council,
or district panchayat or person to whom notice is given under sub-section (1),
tenders amount to the plaintiff before the proceeding is commenced and if the
plaintiff does not in such proceeding recover more than the amount so tendered,
he shall not recover any costs incurred by him after such tender and the
plaintiff shall also pay all costs incurred by the defendant after such tender.
Section 232 - Protection of chairman, president and officers acting in good faith
No
suit or other legal proceeding shall be brought against the chairman,
commissioner, president, executive authority, chief executive officer or any
member, officer or servant of a panchayat or any person acting under the
direction of a panchayat or of such chairman, commissioner, president,
executive authority, chief executive officer, member, officer or servant in
respect of any act done or purporting to be done under this Act or in respect
of any alleged neglect or default on his part in the execution of any act under
this Act, or any rule, by law, regulation or order made under it, if such act
was done, or such neglect or default occurred in good faith; but any such
proceeding shall, so far as it is maintainable in a court, be brought against
the panchayat except in the case of suits brought under section 234.
Section 233 - Injunction not to be granted in election proceedings
Notwithstanding
anything contained in the Code of Civil Procedure, 1908(Central Act V of 1908),
or in any other law for the time being in force, no court shall grant any
permanent or temporary injunction or make any interim order restraining any
proceeding which is being or about to be taken under this Act for the
preparation or publication of any electoral roll for the conduct of any
election.
Section 234 - Liability of the president, executive authority and members, etc for loss, waste or misapplication of property
(1) The president, executive authority and every member
of a village panchayat and the chairman, commissioner and every member of a
panchayat union council and the chairman, chief executive officer and every
member of a district panchayat shall be liable for the loss, waste or
misapplication of any money or other property owned by or vested in the village
panchayat or panchayat union council or the district panchayat if such loss,
waste or misapplication is a direct consequence of his neglect or misconduct; and
a suit for compensation may be instituted against him in any court of competent
jurisdiction by the panchayat or panchayat union council or the district
panchayat with the previous sanction of the Inspector.
(2) Every such suit shall be commenced within three
years after the date on which the cause of action arose.
Section 235 - Assessment etc. not to be impeached
(1) No assessment or demand made, and no charge
imposed, under the authority of this Act shall be impeached or affected by
reason of any clerical error or by reason of any mistake (a) in respect of the
name, residence, place of business or occuption of any person, or (b) in the
description of any property or thing, or (c) in respect of the amount assessed,
demanded or charged, provided that the provisions of this Act have in substance
and effect been complied with and no proceedings under this Act shall, merely
for defect in form, be quashed or set aside by any court of law.
(2) No suit shall be brought in any court to recover
any sum of money collected under the authority of this Act or to recover
damages on account of assessment or collection of money made under the said
authority:
Provided
that the provisions of this Act have in substance and effect been complied
with.
(3) No distraint or sale under this Act shall be deemed
unlawful, nor shall any person making the same be deemed a tress passer, on
account of any error, defect, or want of form in the bill, notice, schedule,
form, summon, notice of demand, warrant of distraint, inventory, or other
proceeding relating thereto, if the provisions of this Act, and of the rules
and by-laws made thereunder have in substance and effect been complied with:
Provided
that every person aggrieved by any irregularity may recover satisfaction for
any special damage sustained by him.
Section 236 - Public roads markets, wells, tanks etc. to be open to all
All
roads, markets, wells, tanks, reservoirs and waterways vested in or maintained
by a panchayat shall be open to the use and enjoyment of all persons,
irrespective of their caste or creed.
Section 237 - Power to farm out fees
A
panchayat shall have power to farm out the collection of any fees due to it
under this Act or any rule, by-law or regulation made thereunder for any period
not exceeding three years at a time, on such conditions as it thinks fit.
Section 238 - Adjudication of disputes between local authorities
(1) When a dispute exists between a village panchayat
or a panchayat union council or a district panchayat and one or more other
local authorities in regard to any matter arising under the provisions of this
or any other Act and the Government are of opinion that the village panchayat
or the panchayat union council or the district panchayat and the other local
authorities concerned are unable to settle it amicably among themselves, the
Government may take cognizance of the dispute, and?
(a) decide it themselves, or
(b) refer it for inquiry and report, to an arbitrator
or a board of arbitrators or to a joint committee constituted for the purpose.
(2)
The
report referred to in clause (b) of sub-section (1) shall be submitted to the
Government who shall decide the dispute in such manner as they deem fit.
(3) Any decision given under clause (a) of sub-section
(1) or under sub-section (2) may be modified from time to time by the
Government in such manner as they deem fit, and any such decision with the modifications,
if any, made therein under this sub-section may be cancelled at any time by the
Government:
Provided
that any such decision or any modification therein or cancellation thereof
shall be binding on the' village panchayat, the panchayat union council, the
district panchayat and each of the other local authorities concerned and shall
not be liable to be questioned in any court of law.
(4) Where one of the local authorities concerned is a
cantonment authority or the port authority of a major port, the powers of the
Government under this section shall be exercisable only with the concurrence of
the Central Government.
Section 239 - State Election Commission
(1) The superintendence, direction and control of the
preparation of electoral rolls for, and the conduct of all elections to the
village panchayats, panchayat union councils and district panchayats shall be
vested in the State Election Commission consisting of a State Election
Commissioner to be appointed by the Governor under Article 243-K of the Constitution.
(2) (a) No person shall be qualified for appointment as
State Election Commissioner unless he is or has been an officer of the
Government not below the rank of Secretary to the Government.
(b) The State Election Commissioner shall hold
office for a term of two years and shall be eligible for reappointment for two
successive terms :
Provided
that no person shall hold the office of the State Election Commissioner for
more than six years in the aggregate :
Provided
further that a person appointed as State Election Commissioner shall retire
from office if he completes the age of sixty-two years during the term of his
office.
(3) Subject to the provisions of sub-section (2), the
conditions of service and tenure of office of the State Election Commissioner
shall be such as the Governor may by rules determine:
Provided
that the State Election Commissioner shall not be removed from his office
except in like manner and on the like grounds as a Judge of a High Court and
conditions of service of the State Election Commissioner shall not be varied to
his disadvantage after his appointment.
(4) The Governor shall, when so requested by the State
Election Commission make available to the State Election Commission such staff
as may be necessary for the discharge of the functions conferred on the State
Election Commission by sub-section (1).
Section 240 - Preparation of development plan
(1) Every village panchayat shall prepare every year a
development plan for the panchayat village and submit it to the panchayat union
council before such date and in such form as may be prescribed.
(2) Every panchayat union council shall prepare every
year a development plan for the panchayat union after including the development
plans of the village panchayats and submit it to the district panchayat before
such date and in such form as may be prescribed.
(3) Every district panchayat shall prepare every year a
development plan for the district after including the development plans of the
panchayat union councils and submit it to the District Planning Committee
constituted under section 241.
Section 241 - District Planning Committee
(1) The Government shall constitute in every district a
District Planning Committee (hereinafter in this section referred to as the
Committee) to consolidate the plans prepared by the district panchayats,
panchayat union councils, village panchayats, town panchayats, municipal
councils and municipal corporations in the district and to prepare a draft
development plan for the district as a whole.
(2) The Committee shall consist of,--
(a) the members of the House of People who represent
the whole or part of the district;
(b) the members of the Council of States who are
registered as electors in the district;
(c) chairman of the district panchayat;
(d) Mayor of the municipal corporation or chairmen of
the municipal councils having jurisdiction over the headquarters of the
districts;
(e) 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
corporation 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.
(3)
All
the members of the Tamil Nadu Legislative Assembly whose constituencies lie
within the district.
(4)
The
secretary of the Committee shall be appointed by the Government in such manner
and for such period as may be prescribed.
(5)
The
Chair-person of the Committee shall be chosen in such manner as may be
prescribed.
(6)
The
Committee shall consolidate the plans prepared by the district panchayat,
panchayat union councils, village panchayats, town panchayats, municipal
councils and the municipal corporation in the district and prepare a draft
development plan for the district as a whole.
(7) Every Committee shall, in preparing the draft
development plan,--
(a) have regard to,--
(i) ??the
matters of common interest between the district panchayats, panchayat union
councils, village panchayats, town panchayats, municipal corporations and
municipal councils in the district including spatial planning, sharing of water
and other physical and natural resources, the integrated development of infrastructures
and environmental conservation;
(ii)?? ?the extent and type of available resources
whether financial or otherwise;
(b) consult such institutions and organisations as the
Governor may, by order, specify.
(8) The chair-person of every committee shall forward
the development plan, as recommended by such Committee to the Government.
Explanation.--
For the purposes of this section "town panchayat" and "municipal
council", shall mean the town panchayat and the municipal council
constituted under the Tamil Nadu District Municipalities Act, 1920(Tamil Nadu
Act V of 1920), and "municipal corporation" means the corporations
constituted under the Madurai City Municipal Corporation Act, 1971(Tamil Nadu
Act 15 of 1971) or the Coimbatore City Municipal Corporation Act, 1981(Tamil
Nadu Act 25 of 1981), or any other muncipal corporation that may be constituted
under any law for the time being in force, as the case may be.
Section 242 - Power of Government to make rules
(1) The Government shall in addition to the rule making
powers conferred on them by any other provision contained in this Act, have
power to make rules generally to carry out the purposes of this Act.
(2) In particular, and without prejudice to the
genarality of the foregoing power, the Government may make rules --
(i) ???as to
the principles to be followed in regard to the exclusion of any local area from
or the inclusion of any local area in a village under sub-section (2) of
section 4;
(ii) ??providing
for --
(a) the adjudication of disputes arising out of
election by the district munsif?s court and of appeals in such cases to the
subordinate judge having jurisdiction, or if no subordinate judge has such
jurisdiction, to the district judge having jurisdiction;
(b) all matters relating to electoral rolls or
elections, not expressly provided for in this Act, including deposits to be
made by candidates standing for election and the conditions under which such
deposits may be forfeited, and the conduct of inquiries and the decision of
disputes relating to electoral rolls;
(iii)
?as to the determination of the
population for the purposes of this Act;
(iv) ?as to
the resignations of chairman, vice-chairman and members of panchayat union
councils and district panchayats and of the presidents, vice-presidents and
members of village panchayats and the date on which such resignations shall
take effect;
(v) ??as to
the interpellation of the chairman and vice-chairman by the members of a
panchayat union council or the district panchayat and of the president of a
village panchayat by the members of the village panchayat, and the moving of
resolutions at meetings;
(vi) ??as to
the constitution of committees of the panchayat and the inclusion of outsiders
therein and the delegation of functions to such committees;
(vii) providing for the procedure to be followed at
meetings of the panchayats and at committees thereof and for the conduct of
business and the number of members which shall form a quorum at any meeting.
(viii) providing for the classification of
resolutions of panchayats as those involving financial implications or
otherwise and for laying down the proportion of the sanctioned strength of
panchayats with whose support such resolution shall be carried;
(ix) ?as to
the powers of the panchayat union council and district panchayats, its chairman
and committees thereof with respect to the incurring of expenditure and the
powers and duties of the commissioner and chief executive officer;
(x) ??providing
for the travelling and other allowances of the chairman, vice-chairman and
other members of the panchayat union council, district panchayat and of members
of the committees of the panchayat union council and district panchayat;
(xi) ?as to
the delegation of any function of a panchayat to the president, chairman,
member, any officer of the panchayat or any servant of the Central or State
Government;
(xii) for the lodging and investment of the moneys
of the panchayats and for the manner in which such moneys may be drawn upon;
(xiii) as to the transfer of allotments entered in
the sanctioned budget of a panchayat from one head to another;
(xiv) as to the estimates of receipts and
expenditure, returns, statements and reports to be submitted by panchayat;
(xv) as to the preparation of plans and estimates
for works and the power of panchayat and of servants of the Central or State
Government to accord professional or administrative sanction to estimates;
(xvi) as to the accounts to be kept by panchayat,
the audit and publication of such accounts and the conditions under which
rate-payers may appear before auditors, inspect books and accounts, and take
exception to items entered or omitted;
(xvii) as to the powers of auditors to disallow and
surcharge items, appeals against orders of disallowance or surcharge and
recovery of sums disallowed or surcharged;
(xviii) as to the powers of auditors, inspecting
and superintending officers and officers authorised to hold inquiries, to
summon and examine witnesses and to compel the production of documents, and all
other matters connected with audit, inspection and superintendance;
(xix) as to the conditions on which property may be
acquired by a panchayat or on which property vested in or belonging to a
panchayat may be transferred by sale, mortgage, lease, exchange or otherwise;
(xx) as to the conditions on which and the mode in
which contracts may be made by or on behalf of panchayat;
(xxi) as to the assessment of taxes under this Act
and the revision of assessments;
(xxii) as to the acceptance in lieu of any tax due
under this Act of any service by way of labour, cartage or otherwise;
(xxiii) as to the realisation of any tax or other
sum due to a panchayat under this Act or any other law or any rules or by-laws,
whether by distraint and sale of movable property, by prosecution before a
Magistrate, by a suit, or otherwise;
(xxiv) as to the realisation of fees due in respect
of the use of cart-stands and the like, whether by the seizure and sale of the
vehicle or animal concerned or any part of its burden or otherwise :
(xxv) as to the form and contents of licences,
permissions and notices granted or issued under this Act, the manner of their
issue or the method of their service, and the modification, suspension or
cancellation thereof;
(xxvi) as to the powers of executive authorities,
commissioners, chief executive officers to call for information on any matter,
to summon and examine witnesses, and to compel the production of documents;
(xxvii) for the use of the facsimiles of the
signatures of the executive authorities, commissioners, chief executive
officers and officers of panchayat;
(xxviii) as to the grant to the public of copies of
am proceeding or record of the panchayat not relating to any matter classified
as confidential by the Government or any authority empowered by them, and the
fees to be levied for the grant of such copies;
(xxix) as to the opening maintenance, management
and supervision of elementary schools;
(xxx) regulating contracts between the panchayat
and the owners or occupiers of private premises for the removal there from of
rubbish or filth, or any kind of rubbish or filth;
(xxxi) as to the provision of burial and burning
grounds; the licensing of private burial and burning grounds; the regulation of
the use of all grounds so provided or licensed; the closing of any such
grounds; and the prohibition of the disposal of corpses except in such grounds
or other permitted places:
(xxxii) as to the licensing of pigs and dogs and
the destruction of unlicensed pigs and dogs:
(xxxiii) as to the regulation or restriction of
building and the use of sites for building:
(xxxiv) for the removal of encroachments of any
description from public roads vesting in panchayat and the repair of any damage
caused to such roads by live person causing the damage or at his expense;
(xxxv) for the determination of any claim to trees
growing on public roads or other property vesting in or belonging to panchayat
or on porambokes or on lands the use of which is regulated by them under
section 134 or 135; and for the presumptions to be drawn as regards the
ownership of such trees;
(xxxvi) as to the imposition and recovery of
penalties for the unauthorised occupation of public roads or other land vesting
in or belonging to panchayat and the assessment and recovery of compensation
for, and damage caused by, such occupation.
(xxxvii) as to the powers which may be exercised by
the panchayat or the executive authority or the commissioner or the chief
executive officer in respect of any public or private market or the user
thereof, and the enforcement of any orders issued in pursuance of such powers;
(xxxviii) for compelling owners of cattle to stall
them in cattle-sheds provided by the panchayat and the fees leviable in respect
thereof;
(xxxix) as to the disposal of household and
farmyard waste in the village, the acquisition of land by the panchayat or
laying out plots for digging pits in which such waste may be thrown, the
assignment of any of those plots to persons in the village, and the conditions
subject to which such assignment may be made, including the rent to be charged;
(xl) ??as to
the duties to be discharged by officers in relation to panchayats and their
executive authorities, their chairmen, commissioners and chief executive
officers;
(xli) as to appeals against orders (including
orders granting or refusing licences or permissions) passed under this Act, and
the time within which appeals whether allowed by this Act or by rules or
otherwise should be presented;
(xlii) as to the classification of public roads and
fairs and festivals as appertaining to the panchayat;
(xliii) for regulating the sharing between local
authorities in the State of the proceeds of any tax or income levied or
obtained under this or any other Act;
(xliv) for the decision of disputes between two or
more local authorities of which one is a panchayat;
(xlv) regulating the principles in accordance with
which grants and contributions may be paid by the Government to the panchayat;
(xlvi) as to the accounts to be kept by owners,
occupiers and farmers of private markets and the audit and inspection of such
accounts;
(xlvii) as to the manner of publication of
notifications or notices to the public under this Act.
Section 243 - Penalties for breach of rules
In
making any rule under this Act, the Government may provide that a breach
thereof shall be punishable with fine which may extend to one hundred rupees,
or in case of a continuing breach, with fine not exceeding fifteen rupees for
every day during which the breach continues after conviction for the first
breach.
Section 244 - By-laws and penalties for their breach
(1) Subject to the provisions of this Act and of any
other law and to such rules as may be prescribed, a panchayat may, with the
approval of the Inspector, make by-laws for carrying out any of the purposes
for which it is constituted.
(2) In making a by-law, the panchayat may provide that
any person who commits a breach thereof shall be liable to pay by way of
penalty such sum as may be fixed by the panchayat not exceeding fifteen rupees
or, in case of a continuing breach, not exceeding five rupees for every day
during which the breach continues after a penalty has been levied for the first
breach.
(3) The Government shall have power to make rules
regarding the procedure for the making of by-laws, the publication thereof, and
the date on which they shall come into effect.
Section 245 - General provisions regarding penalties specified in the Schedules
(1) Whoever-
(a) contravenes any of the provisions of this Act
specified in the first and second columns of Schedule II; or
(b) contravenes any rule or order made under any of the
provisions so specified; or
(c) fails to comply with any directions lawfully given
to him, or any requisition lawfully made upon him under or in pursuance of any
of the said provisions, shall be punishable with fine which may extend to
the amount mentioned in that behalf in the fourth column of the said Schedule.
(2) Whoever after having been convicted of?
(a) contravening any of the provisions of this Act
specified in the first and second columns of Schedule III, or
(b) contravening any rule or order made under any of
live provisions so specified, or
(c) failing to comply with any direction lawfully given
to him or any requisition lawfully made upon him under or in pursuance of any
of the said provisions, continues to contravene the said provision or the said
rule or order, or continues to fail to comply with the said direction or
requisition.
shall be punishable for each day after the previous
date of conviction during which he continues so to offend, with fine which may
extend to the amount mentioned in that behalf in the fourth column of the said
Schedule.
Explanation.- The entries in the third column of
Schedules II and III headed "Subject" are not intended as definitions
of the offences described in the provisions specified in the first and second
columns thereof, or even as abstracts of those provisions, but are intended
merely as references to the subject dealt with therein.
Section 246 - Penalty for acting as member, president or vice-president of a village panchayat or as member, chairman or vice-chairman of a panchayat union council or district panchayat when disqualified
(1) Whoever acts as a member of a panchayat or
panchayat union council or district panchayat knowing that, under this Act or
the rules made thereunder, he is not entitled or has ceased to be entitled to
hold office as such, shall be punishable with fine not exceeding two hundred
rupees for every such offence.
(2) Whoever acts as the president, temporary president
or vice-president of a village panchayat, or exercises any of his functions
including where he is also the executive authority, any of his functions as
such and whoever acts as the chairman, temporary chairman or vice-chairman of a
panchayat union council or district panchayat or as commissioner or chief executive officer or
exercises any of his functions as such, knowing that, under this Act or the
rules made thereunder, he is not entitled or has ceased to be entitled to hold
office as such, or to exercise such functions, shall be punishable with fine
not exceeding one thousand rupees for every such offence.
(3) Any person who having been the president, temporary
president or vice-president of a village panchayat, or the chairman, temporary
chairman or vice-chairman of a panchayat union council or district panchayat
fails to hand over any documents of, or any moneys or other properties vested
in or belonging to the village panchayat or panchayat union council or district
panchayat which arc in or have come into his possession or control, to his
successor in office or other prescribed authority?
(a) in every case as soon as his term of office as such
president, temporary president or vice-chairman or as such chairman, temporary
chairman or vice-chairman expires:
(b) in the case of a person who was the vice-president
also on demand by the president; and
(c) in the case of a person who was the vice-chairman
also on demand by the chairman, shall be punishable with fine not exceeding one
thousand rupees for every such offence.
Section 247 - Penalty for acquisition by an officer or servant of interest in contract work
If
any officer or servant of a panchayat knowingly acquires, directly or
indirectly by himself or by a partner, employer or servant, any personal share
or interest in any contract or employment with, by or on behalf of, the
panchayat, he shall be deemed to have committed an offence under section 168 of
the Indian Penal Code(Central Act XLV of 1860):
Provided
that no person shall, by reason of being a shareholder in, or member of, any
company, be held to be interested in any contract entered into between such
company and the panchayat unless he is a director of such company.
Section 248 - Wrongful restraint of executive authority or commissioner or chief executive officer or his delegates
Any
person who prevents the executive authority or the commissioner or the chief
executive officer or any person to whom the executive authority or the
commissioner or the chief executive officer has lawfully delegated his powers
of entering on or into any place, building or land from exercising his lawful
power of entering thereon or there into shall be deemed to have committed an
offence under section 341 of the Indian Penal Code(Central Act XLV of 1860).
Section 249 - Prohibition against obstruction of panchayats
Any
person obstructing or molesting the president, or the executive authority or
the chairman or the commissioner or the chief executive officer or a member of
the panchayat, or any person employed by the panchayat or any person with whom
a contract has been entered into by or on behalf of the panchayat in the
discharge of their duty or of anything which they are empowered or required to
do by virtue or in consequence of this Act or of any rule, by-law, regulation
or order made thereunder, shall be punished with fine which may extend to fifty
rupees.
Section 250 - Prohibition against removal of obliteration of notice
Any
person who, without authority in that behalf removes, destroys, defaces or
otherwise obliterates any notice exhibited or any sign or mark erected by, or
under the orders of, a panchayat or its executive authority, or by the
commissioner or by the chief executive officer shall be punishable with fine
which may extend to fifty rupees.
Section 251 - Penalty for not giving information or giving false information
Any
person required by this Act or by any notice or other proceedings issued
thereunder to furnish any information, who omits to furnish such information,
or knowingly furnishes false information, shall be punishable with line not
exceeding one hundred rupees
Section 252 - Construction of reference to a panchayat, etc.
In
the application of any law, rule, by-law, regulation, notification, scheme,
form or order to any area, in the absence of an intention to the contrary
appearing in this Act and unless the Government otherwise direct, any reference
to a "panchayat" or a "panchayat union council" or a
"panchayat village" or a "panchayat union" shall be deemed
to include also a reference to the village panchayat or a panchayat union
council or a district panchayat or a panchayat village or a panchayat union
constituted under this Act.
Section 253 - Special provisions relating to newly constituted panchayats
(1) The provisions of this section shall apply when a
panchayat is constituted for the first time under this Act.
(2) When a panchayat is newly constituted under this
section, the State Election Commissioner shall make arrangements for the
election of members and of the president or the chairman, as the case may be,
so that the member and the president or the chairman, may come into office on
the date specified in the notification issued for the constitution of such
panchayat.
(3) When a panchayat is constituted under this section,
the Government may appoint a special officer not below the rank of a Tahsildar,
for such period not exceeding six months as the Government may, by order,
specify, to exercise the powers, discharge the duties and perform the functions
of the panchayat, its president or chairman as the case may be.
(4) The special officer shall exercise the powers,
discharge the duties and perform the functions of the panchayat, its president
or chairman, until the members of the panchayat have come into office and a
president or chairman has been elected.
Section 254 - Construction of reference to ?local boards", Madras Local Boards Act. 1920 etc.
In
the application of any law, rule, by-law, regulation, notification, scheme,
form or order to any panchayat after the constitution of a panchayat under this
Act, in the absence of an intention to the contrary appearing in this Act and
unless the Government otherwise direct--
(i) any reference to a village or local area shall be
deemed to be a reference to a panchayat village, panchayat development block or
a panchayat union or a panchayat district as the circumstances may require;
(ii) any reference to local boards shall be deemed to be
a reference to district panchayats, panchayat union councils or village
panchayats as the case may be;
(iii) any reference to the Madras Local Boards Act, 1920,
shall be deemed to be a reference to the Tamil Nadu District Boards Act,
1920(Tamil Nadu Act XIV of 1920), the Tamil Nadu Village Panchayats Act,
1950(Tamil Nadu Act X of 1950), the Tamil Nadu Panchayats Act. 1958(Tamil Nadu
Act XXXV of 1958) and the Tamil Nadu Panchayats Act, 1994;
(iv) any reference to the Tamil Nadu District Boards
Act, 1920(Tamil Nadu Act XIV of 1920) or the Tamil Nadu Village Panchayats Act,
1950(Tamil Nadu Act X of 1950), or the Tamil Nadu Panchayats Act, 1958(Tamil
Nadu Act XXXV of 1958), shall be deemed to be a reference to the Tamil Nadu
Panchayats Act, 1994; and
(v) any reference to a district boards or its president
shall be deemed to be a reference to the panchayat union council having
jurisdiction or its chairman, as the case may be.
Section 255 - Repeal and savings
(1) The Tamil Nadu Panchayats Act, 1958(Tamil Nadu Act
XXXV of 1958) (hereinafter referred to in this section as the said Act) is
hereby repealed.
(2) The repeal, by sub-section (1), of the said Act
shall not affect?
(a) the previous operation of the said Act or any thing
done or duly suffered thereunder; or
(b) any right, privilege, obligation or liability
acquired, accrued or incurred under the said Act; or
(c) any penalty, forfeiture, or punishment incurred in
respect of any offences committed against the said Act; or
(d) any investigation, legal proceedings or remedy in
respect of any such right, privilege, obligation, liability, penalty,
forefeiture or punishment as aforesaid and any such investigation, legal
proceedings or remedy may be instituted, continued or enforced and any such penalty,
forefeiture or punishment may be imposed as if this Act had not been passed.
(3) Subject to the provisions of sub-section (2)
anything done or any action taken, including any appointment, or delegation
made, notification, order, instruction or direction issued, or any rule,
regulation or form framed, certificate granted or registration effected, under
the said Act shall be deemed to have been done or taken under this Act and
shall continue to have effect accordingly, unless and until superseded by anything
done or any action taken under this Act.
Section 256 - Power to remove difficulties
(1) If any difficulty arises in giving effect to the
provisions of this Act, the Government may, by order published in the Tamil
Nadu Government Gazelle, make such provisions, not inconsistent with the
provisions of this Act and to be in conformity with the provisions of the
Constitution (Seventy-third Amendment) Act, 1992 as appear to it to be
necessary or expedient for removing the difficulty:
Provided
that no such order shall be made after the expiry of a period of two years from
the date of commencement of this Act.
(2) Every order made under this section, shall, as soon
as may be, after it is made, be placed on the table of the Legislative
Assembly.
Section 257 - Power, authority and responsibilities of panchayats
Save
as otherwise provided in this Act, the Government may, by notification and
subject to such conditions and restrictions as may be specified therein,
entrust to a panchayat or any other committee constituted under this Act with
such powers and responsibilities with respect to the preparation of plans for
economic development and social justice and also with such powers and authority
as may be necessary to enable them to carry out the responsibilities conferred
upon them including those in relation to the matters listed in Schedule-IV.
Section 258 - Election petitions
(1) No election of a president or a chairman or a
member shall be called in question except by an election petition presented to
the district judge of the district in which the panchayat is situated, within
fifteen days from the date of the publication of the result of the election
under this Act.
(2) An election petition calling in question any such
election may be presented on one or more of the grounds specified in section
259 by any candidate at such election, by any elector of the ward concerned or
by any member.
(3) A petitioner shall join as respondents to his
petition all the candidates at the election.
(4) An election petition ?
(a) shall contain a concise statement of the material
facts on which the petitioner relies;
(b) shall, with sufficient particulars, set forth the
ground or grounds on which the election is called in question; and
(c) shall be signed by the petitioner and verified in
the manner laid down in the Code of Civil Procedure, 1908(Central Act V of
1908) for the verification of pleadings.
Section 259 - Grounds for declaring elections to be void
(1) Subject to the provisions of sub-section (2), if
the District Judge is of opinion?
(a) that on the date of his election a returned
candidate was not qualified or was disqualified, to be chosen as a member under
this Act, or.
(b) that any corrupt practice has been committed by a
returned candidate or his agent or by any other person with the consent of a
returned candidate or his agent, or
(c) that any nomination paper has been improperly
rejected, or
(d) that the result of the election in so far as it
concerns a returned candidate has been materially affected?
(i) by the improper acceptance of any nomination, or
(ii) by any corrupt practice committed in the interests
of the returned candidate by a person other than that candidate or his agent or
a person acting with the consent of such candidate or agent, or
(iii) by the improper acceptance or refusal of any vote
or reception of any vote which is void; or
(iv) by the non-compliance with the provisions of this
Act or of any rules or orders made thereunder, the court shall declare the
election of the returned candidate to be void.
(2) If in the opinion of the court, a returned
candidate has been guilty by an agent of any corrupt practice, but the court is
satisfied?
(a) that no such corrupt practice was committed at the
election by the candidate, and every such corrupt practice was committed
contrary to the orders, and without the consent of the candidate;
(b) that the candidate took all reasonable means for
preventing the commission of corrupt practice at the election; and
(c) that in all other respects the election was free
from any corrupt practice on the part of the candidate or any of his agents, then,
the court may decide that the election of the returned candidate is not void.
Section 260 - Corrupt practices
The
following shall be deemed to be corrupt practice for the purposes of this Act:-
(1) Bribery as defined in clause (1) of section 123 of
the Representation of the People Act, 1951(Central Act XLIII of 1951).
(2) Undue influence as defined in clause (2) of the
said section.
(3) The systematic appeal by a candidate or his agent
or by any other person to vote or refrain from voting on grounds of caste,
race, community or religion or the use of or appeal to, religious symbols, or,
the use of or appeal to, national symbols such as the national flag or the
national emblem, for the furtherance of the prospects of that candidate's
election.
(4) The publication by a candidate or his agent or by
any other person of any statement of fact which is false, and which he either
believes to be false or does not believe to be true, in relation to the
personal character or conduct of any candidate, or in relation to the
candidate, or withdrawal from contact of any candidate being a statement
reasonably calculated to prejudice the prospects of that candidate's election.
(5) The hiring or procuring whether on payment or
otherwise of any vehicle or vessel by a candidate or his agent or by any other
person for conveyance of any elector (other than the candidate himself, and the
members of his family or his agent) to or from any polling station provided in accordance
with the rules made under this Act:
Provided
that the hiring of a vehicle or vessel by an elector or by several electors at
their joint costs for the purpose of conveying him or them to or for any such
polling station shall not be deemed to be a corrupt practice under this clause
if the vehicle or vessel so hired is a vehicle or vessel not propelled by
mechanical power:
Provided
further that the use of any public transport vehicle or vessel or any tram, car
or railway carriage by an elector at his own cost for the purpose of going to
or coming from any such polling station shall not be deemed to be corrupt
practice under this clause.
Explanation
- In this clause the expession "Vehicle" means any vehicle used or
capable of being used for the purpose of road transport whether propelled by
mechanical power or otherwise and whether used for drawing other vehicles or
otherwise.
(6)
The
holding of any meeting in which intoxicating liquors are served.
(7)
The
issuing of any circular, playcard or poster having a reference to election
which docs not bear the name and address of the printer and publisher thereof.
(8) Any other practice which the Government may by
rules, specify to be corrupt practice.
Section 261 - Transitory provision
(1) Notwithstanding anything contained in this Act, or
in any other law for the time being in force, the Government may, by
notification, if necessary, appoint special officers to exercise the powers and
discharge the functions of the village panchayats, the panchayat union councils,
or the district panchayats, as the case may be, until the day on which the
first meetings of the village panchayats, panchayat union councils, or the
district panchayats as the case may be, are held after ordinary elections to
the said panchayats after the commencement of this Act.
(2) The Special Officers appointed under sub-section
(1), shall hold office [1][upto
the 31st day of December 1995] and no longer.
Section 262 - Rules, notifications and orders to be placed before the Legislative Assembly
(1) All rules, notifications and orders made or issued
under this Act except the notifications issued under sections 3, 5, 7 read with
section 4, 11, 12, 20, 21, and 32 shall be published in the Tamil Nadu
Government Gazelle and unless they are expressed to come into force on a
particular day, shall come into force on the day on which they are so
published.
(2) All notifications issued under sections 3, 5, 7
read with section 4, 11, 12, 20, 21 and 32 shall be published in the District
Gazette concerned and unless they are expressed to come into force on a
particular day, shall come into force on the day on which they are so
published.
(3) Every rule, notification or order made or issued by
the Government under this Act shall, as soon as possible after it is made or
issued, be placed on the table of the Legislative Assembly, and if, before the
expiry of the session in which it is so placed or the next session, the
Legislative Assembly agrees in making any modification in any such rule,
notification or order, or the Legislative Assembly agrees that the rule,
notification or order should not be made or issued, the rule, notification or
order shall, thereafter have effect only in such modified form or be of no
effect, as the case may be, so, however, that any such modification or annulment
shall be without prejudice to the validity of anything previsously done under
that rule, notification or order.
Schedule - SCHEDULE - I
SCHEDULE - I
[See section 172 (1)]
|
|||||||||
|
Classification |
|
If the lax is levied every half-year. |
|
if the tax is levied every year. |
||||
|
(1) |
|
(2) |
|
(3) |
||||
|
|
|
Minimum rate per half-year. (i) |
|
Maximum rate per half-year. (ii) |
|
Minimum rate per year. (iii) |
|
Maximum rate per year. (IV) |
|
|||||||||
|
|
Rs. Ps. |
Rs. Ps. |
Rs. Ps. |
Rs. Ps. |
|
|||
(i) |
Concrete
houses, Madras terraced houses storeyed houses. |
0.25 |
per 9.29
square decimetres of the plinth area. |
0.50 |
per 9.29
square decimetres of the plinth area. |
0.50 |
per 9.29
square decimetres of the plinth area. |
1.00 |
per 9.29
square decimetres of the plinth area. |
(ii) |
Tiled
houses. |
0.15 |
per 9.29
square decimetres of the plinth area. |
0.30 |
per 9.29
square decimetres of the plinth area. |
0.30 |
per 9.29
square decimetres of the plinth area. |
0.60 |
per 9.29
square decimetres of the plinth area. |
(iii) |
Thatched
houses 20 square metres and above. |
0.10 |
per 9.29
square decimetres of the plinth area. |
0.20 |
per 9.29
square decimetres of the plinth area. |
0.20 |
per 9.29
square decimetres of the plinth area. |
0.40 |
per 9.29
square decimetres of the plinth area. |
(iv) |
Thatched
houses below 20 square metres. |
0.20 |
for every
9.29square metres or part thereof of plinth area. |
0.50 |
for every
9.29square metres or part thereof of plinth area. |
0.40 |
for every
9.29square metres or part thereof of plinth area. |
1.00 |
for every
9.29square metres or part thereof of plinth area. |
|
Explanation-I.
- In respect of buildings which are partly concrete, terraced, tiled or
thatched, the rates applicable to the respective categories as above shall be
applicable for the portions covered by each kind :
Provided
that in respect of buildings the plinth area of which does not exceed 18.58
square metres and which are fully concrete, terraced or tiled, or partly
concrete, terraced or tiled, house tax shall be levied at a flat rate of rupees
twenty per half year.
Explanation-II.--The
use of the building may be classified and surcharge shall be levied on the levy
of house tax at the rates specified below :--
|
|||
|
Class of
usage |
|
Rate of
surcharge |
|
|||
(i) |
Purely
residential |
Village
Panchayats |
Nil |
(ii) |
Simple
commercial (sic) petty shops and other small commercial establishments. |
Village
Panchayats |
20% |
(iii) |
Largely
commercial industrial and business establishments, Cinema theatres. Hostels,
Lodges etc. |
Village
Panchayats |
60% |
|
Provided
that in respect of: buildings used partly as residential and partly as
commercial, industrial, etc., purposes the rate of surcharge applicable to the
respective categories as above shall be applicable for the portions covered by
each class of usage.
Provided
further that Educational institutions (not commercial in nature) exempted from
levy of house tax immediately before the commencement of this Act shall
continue to be exempted under this Act.
Schedule - SCHEDULE-II
SCHEDULE-II.
Ordinary Penalties.
[See section 245 (1).]
Section. |
Sub-section
or clause. |
Subject. |
Fine which
may be imposed. |
(1) |
(2) |
(3) |
(4) |
128 |
(1) |
Failure to
obey requisition to fence off, take down, secure or repair dangerous
structure. |
Five
hundred rupees. |
129 |
(1) |
Failure to
obey requisition to secure, lop or cut down dangerous trees. |
Fifty
rupees. |
130 |
|
Failure to
obey requisition to fence building or land or trim, prune or cut hedges and
trees or lower an enclosing wall. |
Fifty
rupees. |
131 |
(1)(a) |
Unlawful
building of wall or erecting offence, etc., in or over public road. |
One
hundred rupees. |
131 |
(1) (b)
Unlawful making of hole or depositing of matter in or upon public road. |
Fifty
rupees. |
|
131 |
(1)(c) |
Unlawful
quarrying in any place near public road, etc. |
Fifty
rupees. |
131 |
(1)(d)
Unlawful erection of building over drain. |
Two
hundred rupees. |
|
131 |
(1)(e) |
Planting
of trees without permission on any public road or other property vested in a
panchayat or panchayat union council. |
Two
hundred rupees. |
131 |
(1) (f)
Felling, etc., without permission of trees growing on public road or other |
Two
hundred rupees. |
|
|
|
property
vested in a panchayat or on a poramboke or land the use of which is regulated
by it under section 134 or section 135. |
|
139 |
|
Failure to
close place of public entertainment. |
Two
hundred rupees. |
140 |
|
Sending
infected child to school. |
Fifty
rupees. |
142 |
|
Failure to
give information of small pox. |
Fifty
rupees. |
143 |
(i) |
Failure to
obey requisition to fill in, etc., tank or other place dangerous to public
health or safety. |
Fifty
rupees. |
144 |
(1) |
Failure to
obey requisition to clear or cleanse, etc., building or land in filthy state
or overgrown with noxious vegetation. |
Fifty
rupees. |
148 |
(1) |
Opening a
new private market or continuing to keep open a private market without
licence or contrary to licence. |
Five
hundred rupees. |
148 |
(3) |
Levy of
fees in private market without a certificate. |
One
hundred rupees. |
150 |
|
Sale or
exposure for sale in public or private market of any animal or article
without permission. |
Twenty
rupees. |
151 |
|
Sale,
etc., of articles in public roads or places after prohibition or without
licence or contrary to regulations. |
Ten
rupees. |
154 |
(b) |
Using any
public place or roadside as a landing or halting place or as a cart-stand
within prohibited distance. |
Fifty
rupees. |
155 |
(1) |
Opening a
private cart-stand or continuing to keep open a private cart-stand without
licence or contrary to licence. |
Two
hundred rupees. |
157 |
(a) |
Slaughtering,
cutting up or skinning, etc., of animals outside public slaughter-houses in
contravention of rules. |
Two
hundred rupees. |
157 |
(b) |
Slaughtering
animals for purposes of sale without licence or contrary to licence. |
Twenty
rupees. |
158 |
(3) |
Unlawful
destruction, etc., of number affixed of buildings. |
Five
rupees. |
158 |
(4) |
Failure to
replace number when required to do so. |
Twenty
rupees. |
159 |
|
Using a
place for offensive or dangerous trade without licence or contrary to
licence. |
One
hundred rupees. |
160 |
|
Unlawful
erection of factors, workshop, etc. |
One
thousand rupees. |
236 |
|
Obstructing
a person in the use or enjoyment of a public road, market, well, tank, etc. |
One
hundred rupees. |
Schedule - SCHEDULE-III
SCHEDULE-III
PENALTIES FOR
CONTINUING BREACHES
[See section 245 (2).]
Section, |
Sub-section
or clause. |
n Subject. |
Fine which
may be imposed. |
(1) |
(2) |
(3) |
(4) |
128 |
(1) |
Failure to
obey requisition to fence off, take down, secure or repair dangerous
structure. |
Fifty
rupees. |
129 |
(1) |
Failure to
obey requisition to secure, lop or cut down dangerous trees. |
Ten
rupees. |
130 |
|
Failure to
obey requisition to fence building or land or trim, prune or cut hedges and
trees, or lower an enclosing wall. |
Ten
rupees. |
131 |
(1)(a) |
Unlawful
building or wall or erecting offence, etc., in or over public road. |
Twenty
rupees. |
131 |
(1)(b) |
Unlawful
making of hole or depositing of matter in or upon public road. |
Ten
rupees. |
131 |
(1)(c) |
Unlawful
quarrying in any place near public road, etc. |
Ten
rupees. |
131 |
(1)(d) |
Unlawful
erection of building over drain. |
Fifty
rupees. |
139 |
|
Failure to
close place of public entertainment. |
One
hundred rupees |
143 |
(1) |
Failure to
obey requisition to fill in, etc., tank or other place dangerous to public
health or safely. |
Ten
rupees. |
144 |
(1) |
Failure to
obey requisition to clear or cleanse, etc., building or land in filthy slate
or overgrown with noxious vegetation. |
Ten
rupees. |
148 |
(1) |
keeping
open a private market without licence or contrary to licence. |
One
hundred rupees. |
148 |
(3) |
Levy of
fees in private market without a certificate. |
Fifty
rupees. |
150 |
|
Sale or
exposure for sale in public or private market of animal or article without
permission. |
Ten
rupees. |
155 |
(1) |
Keeping
open a private cartstand without licence or contrary to licence. |
Twenty
rupees. |
159 |
|
Using a
place for an offensive or dangerous trade without a licence or contrary to
licence. |
Twenty rupees. |
160 |
|
Unlawful
erection of factory, work-shop, etc. |
One
hundred rupees. |
Schedule - SCHEDULE-IV
SCHEDULE-IV
(See section 257)
1.
Agriculture,
including agricultural extension.
2.
Land
improvement, implementation of land reforms, land consolidation and soil
conservation.
3.
Minor
irrigation, water management and watershed development.
4.
Animal
husbandry, dairying and poultry.
5.
Fisheries.
6.
Social
forestry and farm forestry.
7.
Minor
forest produce.
8.
Small
scale industries, including food processing industries.
9.
Khadi,
village and cottage industries.
10. Rural housing.
11. Drinking water.
12. Fuel and fodder.
13. Roads, culverts, bridges, Waterways and other means
of communication.
14. Rural electrification, including distribution of
electricity.
15. Non-conventional energy sources.
16. Poverty alleviation programme.
17. Education, including primary and secondary schools.
18. Technical training and vocational education.
19. Adult and non-formal education.
20. Libraries.
21. Cultural activities.
22. Market and fairs.
23. Health and sanitation, including hospitals, primary
health centres and dispensaries:
24. Family welfare.
25. Women and child development.
26. Social Welfare, including welfare of the
handicapped and mentally retarded.
27. Welfare of the weaker sections, and in particular,
of the Scheduled Castes and the Scheduled Tribes.
28. Public distribution system.
29. Maintenance of community assets.
[1] This is expression was substituted for
the words "only for nine months from the date of the commencement of this
Act" by section 2 of the Tamil Nadu Panchayats (Amendment) Act, 1994
(Tamil Nadu Act 51 of 1994).