The Puducherry Village and Commune Panchayats Act, 1973

Short title, extent and commencement. –

1. (1) This Act may be called, the Puducherry Village and Commune Panchayats Act, 1973.
2. (2) It extends to the whole of the Union territory except the municipalities governed by the Puducherry Municipalities Act, 1973.
3. (3) It shall come into force on such date, as the Government may, by notification, appoint: Provided that different dates may be appointed for different provisions of this Act or for different areas, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

Definitions. – In this Act, unless the context otherwise requires, --

1. (1) "Administrator" means the Administrator of the Union territory of Puducherry appointed by the President of India under article 239 of the Constitution; (1-A) "building" includes –
   • (a) a house, out-house, stable, shop, hut, latrine, godown, shed, wall (other than a boundary wall not exceeding two and a half metres in height) and any other structure whether of masonry, bricks, mud, wood, metal, or any other material whatsoever;
   • (b) a structure on wheels or simply resting on the ground without foundations; and
   • (c) a ship, vessel, boat, tent, van and any other structure used for human habitation or used for keeping or storing any article or goods;
2. (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. (3) "Chairman" and "Vice-Chairman" shall respectively mean the Chairperson and Vice-Chairperson of the commune panchayat council; (3A) "President" and "Vice-President" shall respectively mean the 'Chairperson' and 'Vice-chairperson' of the village panchayat;
4. (4) "Commissioner" means the commissioner of the commune panchayat;
5. (5) "commune panchayat" means any local area which is declared to be a commune panchayat under this Act;
6. (6) "commune panchayat council" means the body constituted for the administration of a commune panchayat under this Act;
7. (7) "company" means any company as defined in the Companies Act, 1956 (Central Act 1 of 1956) and includes –
   • (a) any foreign company within the meaning of section 591 of that Act;
   • (b) any co-operative society registered or deemed to be registered under the law relating to co-operative societies for the time being in force; and
   • (c) any body corporate, or any firm or association carrying on business in the Union territory whether incorporated or not and whether its principal place of business is situated in the said Union territory or not;
8. (8) "Director" means a Director appointed under section 195 and also includes any officer authorised by the Government to exercise the powers and perform the duties of the Director;
9. (9) "Election authority" or "Election Commission" means the Commission consisting of the Election Commissioner appointed by the Administrator under section 9A;
10. (10) "Executive authority" means, in the case of a village panchayat having an executive officer, the executive officer and in the case of any other village panchayat, the President thereof;
11. (11) "Executive Officer" means the executive officer of a village panchayat;
12. (12) "Government" means the Government of the Union territory of Puducherry; (12-A) "Gram Sabha" means a body consisting of persons registered in the electoral rolls relating to a panchayat village comprised within the area of a village panchayat;
13. (13) "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;
14. (14) "hut" means any building which is constructed principally of wood, mud, leaves, grass or thatch or metallic sheets and includes any temporary structure of whatever size or any small building of whatever material made, which the village panchayat may declare to be a hut for the purposes of this Act;
15. (15) "latrine" means a place set apart for defecating or urinating or both and includes a closet of the dry or water-carriage type and urinal;
16. (16) "member" means a member of a village panchayat or of a commune panchayat council, as the case may be and includes co-opted or nominated member;
17. (17) "notification" means a notification published in the Official Gazette;
18. (18) "ordinary vacancy" means a vacancy occurring by efflux of time and "ordinary election" means an election held to fill ordinary vacancy;
19. (19) "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;
20. (20) "panchayat" means an institution of self-government constituted under this Act for the rural areas, called “village panchayat” at the panchayat village level and "commune panchayat council" at the commune level; (20-A) "panchayat area" means the territorial area of a panchayat; (20-B) "Panchayat village" means a village or a group of villages specified by the Administrator by public notification to be a panchayat village for the purposes of this Act, which has a population of not less than one thousand and five hundred and over which a village panchayat has jurisdiction; (20-BB) "place of pilgrimage" means any place being a place of religious worship as may be specified by the Government by notification in the Official Gazette; (20-C) "Population" means the population as ascertained at the last preceding census of which the relevant figures have been published;
21. (21) "prescribed" means prescribed by rules made under this Act;
22. (22) "President" means the President of a village panchayat;
23. (23) "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 for the convenient use of, such premises;
24. (24) "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 thorough-fare 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;
    • (c) the drains attached to any such road, public bridge or causeway, and the land, whether covered or not by any pavement, verandah, or other structure, which lies on either side of the roadway up to the boundaries of the adjacent property, whether that property is private property or property belonging to the Government;
25. (25) "residence" – "reside" 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 intention for returning;
26. (26) "Scheduled Castes" means such castes, races or tribes or parts of, or groups within, such castes, races or tribes as are deemed to be Scheduled Castes in relation to the Union territory under article 341 of the Constitution;
27. (27) "territorial council" means the territorial council for panchayats established under section 232; (27-A) "tourist resort" means any place of tourist attraction as may be specified by the Government by notification in the Official Gazette;
28. (28) "Union territory" means the Union territory of Puducherry;
29. (29) "village panchayat" means the body constituted for the local administration of a panchayat village under this Act;
30. (30) "water-course" includes any river, stream or channel, whether natural or artificial;
31. (31) "year" means the financial year.

A. Gram Sabha. –

1. (1) Subject to the general or special orders of the Government, the Gram Sabha shall meet from time to time, but six months shall not intervene between any two meetings. If the village panchayat fails to convene Gram Sabha, the executive authority shall convene the Gram Sabha: Provided that one or more special meetings may be convened by the President at any time or on the demand of one-tenth of the total members of the Gram Sabha.
2. (2) The meetings of the Gram Sabha shall be presided over by the President and in his absence by the Vice-President, failing which by a person elected by the Gram Sabha for the purpose.
3. (3) The Gram Sabha shall consider the following matters and may make recommendations and suggestions to the village panchayat: --
   • (i) Consideration of the budget of the village panchayat for the next financial year;
   • (ii) Consideration of the actual income and expenditure of the village panchayat for each preceding financial year;
   • (iii) Consideration and scrutiny of the existing schemes and the activities of the village panchayat in relation thereto;
   • (iv) Scrutiny of the completed schemes and activities of the village panchayat in relation thereto;
   • (v) Recommendations regarding the places where schemes for economic development and social justice and other related works are to be located in the panchayat village;
   • (vi) Formation of one or more vigilance committees, executive committees and such other committees, as may be necessary, to supervise the works being executed by the village panchayat and to put up reports concerning them in its meeting;
   • (vii) Consideration of audit reports of village panchayat and their compliances;
   • (viii) Consideration of the progress reports of the works being executed by the village panchayat.
   • (ix) Consideration of the recommendations of its various Committees;
   • (x) Directions to the village panchayat or to the executive committees or any other committees with regard to the execution of the policy framed by it;
   • (xi) Consideration of such activities as are vested in it by the Government from time to time; and
   • (xii) Exercise of such other powers and performance of such other functions, as the Government may authorise.
4. (4) The village panchayat shall give due consideration to the recommendations and suggestions of the Gram Sabha.
5. (5) The procedure for convening and conducting the meetings of the Gram Sabha shall be such as may be prescribed.
6. (6) The quorum of the meetings of the Gram Sabha shall be one-third of the total membership of the Sabha or one hundred members, whichever is less.

Formation of panchayat village.–

1. (1) The Government shall by notification specify the name of a panchayat village. (2)
   • (a) The Administrator may, by notification –
     • (i) include in or exclude from a panchayat village any local area; or
     • (ii) cancel or modify a notification issued under sub-section (1); or
     • (iii) [Omitted]
   • (b) Before issuing a notification under clause (a), the Administrator shall give 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 the objections, if any, of such village panchayat or village panchayats.
2. (3) [Omitted]
3. (4) The Administrator 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.
4. (5) An order made under sub-section (4) may contain such supplemental, incidental and consequential provision as the Administrator 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 ceased to exercise jurisdiction over the local area, shall be disposed of by such authorities as may be specified in the order.

Township. –

1. (1) The Government may by notification declare any panchayat village or panchayat villages or any specified part thereof to be a township if it is an industrial, labour or institutional colony or a health resort.
2. (2) In regard to any area declared to be a township the Government shall, by notification, constitute a township committee.
3. (3) A notification issued by the Government may direct that any functions vested in a village panchayat by or under this Act shall be transferred to and performed by the township committee and shall provide for ---
   • (i) the total number of members of the township committee;
   • (ii) the persons who shall be members of the township committee or the manner in which they shall be chosen;
   • (iii) the person who shall be Chairman of the township committee or the manner in which he shall be elected or appointed;
   • (iv) the term of office of members and the Chairman;
   • (v) the restrictions and conditions subject to which the township committee may perform its functions; and
   • (vi) the procedure of the township committee.
4. (4) [Omitted] Explanation. – In this section, the term 'industrial, labour or institutional colony' means any area wherein the majority of the inhabitants are engaged in any industry or are workmen, or are connected with any institution in the area in any manner whatsoever.

Formation of commune panchayats.--

1. (1) The Government may, from time to time, publish a notification of its intention to constitute a commune panchayat for a local area comprising such number of panchayat villages as it may think fit.
2. (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. (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 commune panchayat; and
   • (b) specify the name of the commune panchayat.
4. (4) The Government may, by notification –
   • (i) exclude from a commune panchayat, any panchayat village or specified area comprised therein, or
   • (ii) include in a commune panchayat any panchayat village or specified area, or
   • (iii) cancel or modify a notification issued under sub-section (3), or
   • (iv) alter the name of a commune panchayat.
5. (5) Before issuing a notification under sub-section (4), the Government shall give the commune panchayat council or commune panchayat 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 objections, if any.
6. (6) The Government may pass such orders as it may deem fit ---
   • (a) for the disposal of the assets of, or institutions belonging to the commune panchayat council which has ceased to exist, and for the discharge of the liabilities, if any, of such commune panchayat council relating to such assets or institutions, or
   • (b) for the disposal of any part of the assets of or institutions belonging to, a commune panchayat council which has ceased to exercise jurisdiction over any panchayat village or any specified area and for the discharge of liabilities, if any, of the commune panchayat council relating to such assets or institutions.
7. (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 commune panchayat council or where a commune panchayat council has ceased to exercise jurisdiction over any panchayat village or any specified area, such tax, fee or other sum due to the commune panchayat council as relates to that panchayat village or any specified area shall be payable to such authorities 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 commune panchayat council ceased to exist, or as the case may be, on the date on which the commune panchayat council ceased to exercise jurisdiction over the panchayat village or specified area shall be disposed of by such authorities as may be specified in the order.

Constitution of village panchayats and their incorporation. –

1. (1) A village panchayat shall be constituted for every panchayat village with effect from such date as may be specified in the notification issued in that behalf by the Government.
2. (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 executive authority or to any commune panchayat council or any other authority.
3. (3) Every village panchayat shall be a body corporate by the name specified in the notification issued under section 3, shall have perpetual succession and a common seal, with power, subject to any restriction or condition imposed by or under this Act or any other law, to acquire, hold and dispose of property (movable or immovable), enter into contracts, and do all things necessary, for the purposes for which it is constituted and may by the said name sue and be sued.

Strength of a village panchayat. -

1. (1) The total number of elected members of a village panchayat shall be notified by the Director: Provided that the ratio between the population of the territorial area of a panchayat village and the number of seats in the village panchayat to be filled by election shall, so far as practicable, be the same throughout the Union territory: Provided further that all the seats in the village panchayat shall be filled by persons chosen by direct election from territorial constituencies in the panchayat village area and for this purpose, each panchayat village area shall be divided by the Government into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the panchayat village area.
2. (2) The Director may, from time to time, by notification, alter the total number of members of a village panchayat notified under sub-section (1).
3. (3) [Omitted]
4. (4) [Omitted]

Constitution of commune panchayat councils for commune panchayat and their incorporation. --

1. (1) A commune panchayat council shall be constituted for each commune panchayat with effect from such date as may be specified in the notification issued in that behalf by the Government.
2. (2) Subject to the provisions of this Act, the administration of the commune panchayat shall vest in the commune panchayat council but the commune panchayat 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 any other authority: Provided that if and so long as there is no village panchayat in any part of a commune panchayat, the commune panchayat 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 commune panchayat council shall exercise the powers, discharge the duties and perform the functions of the President and the executive authority respectively.
3. (3) Every commune panchayat council shall be a body corporate by the name of the commune panchayat specified in the notification issued under section 5, shall have perpetual succession and a common seal, with power, subject to any restriction or condition imposed by or under this Act or any other law, to acquire, hold and dispose of property (movable or immovable), enter into contracts, and do all things necessary, for the purpose for which it is constituted and may by the said name sue and be sued.

Composition and strength of a commune panchayat council.– A commune panchayat council constituted for a commune panchayat shall consist of ---

1. (i) such number of seats in a commune panchayat council, as may be notified by the Director, to be filled by persons chosen by direct election from territorial constituencies in the commune panchayat: Provided that the ratio between the population of the territorial area of a commune panchayat council and the number of seats in such council to be filled by election shall, so far as practicable, be the same throughout the Union territory: Provided further that each commune panchayat shall be divided by the Government into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, as far as practicable, be the same throughout the commune panchayat;
2. (ii) Presidents of all village panchayats in the commune Panchayat;
3. (iii) one non-official member of each township committee in the commune panchayat chosen in the prescribed manner;
4. (iv) the member of the House of the People and the members of the Legislative Assembly of the Union territory representing constituencies which comprises wholly or partly a commune panchayat; and
5. (v) the member of the Council of States registered as an elector within the commune panchayat: Provided that the chairperson of a village panchayat and other members of a commune panchayat council, whether or not chosen by direct election from territorial constituencies in a commune panchayat, shall have the right to vote in the meetings of the commune panchayat council].

Elections to Panchayats. –

1. (1) The superintendence, direction and control of the preparation of electoral rolls for and the conduct of, all elections to the panchayats shall be vested in the Election Commission consisting of an Election Commissioner to be appointed by the Administrator.
2. (2) Subject to the provisions of any law made by the Legislative Assembly of the Union territory, the conditions of service and tenure of office of the Election Commissioner shall be such as the Administrator may by rule determine: Provided that the Election Commissioner shall not be removed from his office except in like manner and on the like grounds as judge of a High Court and the conditions of service of the Election Commissioner shall not be varied to his disadvantage after his appointment.
3. (3) The Administrator shall, when so requested by the Election Commission, make available to the Election Commission such staff which the Administrator considers necessary for the discharge of the functions conferred on the Election Commission by sub-section (1)].

Election of members. – The members of the panchayat shall be elected in such manner as may be prescribed:

Reservation of seats Reservation of seats. –

1. (1) Seats shall be reserved for the Scheduled Castes in every 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 filed by direct election in that panchayat as the population of the Scheduled Castes in that panchayat area bears to the total population of that area. The number of such reserved seats shall be determined by the Government by order published in the Official Gazette.
2. (2) One-third of the total number of seats reserved under sub-section (1) shall be reserved for women belonging to the Scheduled Castes.
3. (3) One-third (including the number of seats reserved for women belonging to the Scheduled Castes) of the total number of seats to be filled by direct election in every panchayat shall be reserved for women.
4. (4) The offices of chairpersons in the panchayats shall be reserved for the Scheduled Castes and women: Provided that the number of offices of chairpersons reserved for the Scheduled Castes in the panchayats at each level shall bear, as nearly as may be, the same proportion to the total number of such offices in the panchayats at each level as the population of the Scheduled Castes in the Union territory bears to the total population of the Union territory, the number of such reserved offices being determined by the Government by notification published in the Official Gazette: Provided further that one-third of the total number of offices of chairpersons in the panchayats at each level shall be reserved for women: Provided also that while determining the reserved seats for women under sub-sections (2),
5. (3) and (4), fraction, if any, shall be counted as one.
6. (5) The allotment of reserved seats under sub-sections (1),
7. (2) and (3) or the allotment of reserved offices of chairpersons under sub-section (4) shall be made by the Election Commission, once in five years, by rotation to different constituencies, in a panchayat or to offices of chairpersons of different panchayats in the Union territory. Such allotment shall be made in accordance with such procedure as may be prescribed and in such manner that a constituency in a panchayat or an office of chairperson of a panchayat is reserved again only after exhausting such reservation in respect of every other constituency or office of chairperson, as the case may be].
8. (6) The reservation of seats under sub-sections (1) and (2) and the reservation of offices of chairpersons (other than the reservation for women) under sub-section (4) in favour of Scheduled Castes shall cease to have effect on the expiration of the period specific in article 334 of the Constitution.
9. (7) Nothing contained in this section shall be deemed to prevent the members of the Scheduled Castes and women from standing for election to the non-reserved seats and the non-reserved office of chairpersons in the panchayats.
10. (8) The Government may prescribe for reservation of seats in any panchayat at any level in favour of backward class of citizens:

Delimitation of constituencies, etc *12. Delimitation of constituencies, etc. –

1. (1) For the purposes of election of members of a panchayat, the Government, after previous publication and hearing objections, shall, by notification, divide the panchayat village and commune panchayat, as the case may be, into territorial constituencies.
2. (2) The Election Commission shall, after previous publication in the prescribed manner, determine the constituencies in which seats if any, are to be reserved for the Scheduled Castes and/or for the women.
3. (3) All the electors of a constituency, irrespective of the community or sex, shall be entitled to vote at any election to any seat in that constituency whether reserved or not.

*13. Duration of panchayats, etc. –

1. (1) Every panchayat, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer.
2. (2) An election to constitute a panchayat shall be completed ---
   • (a) before the expiry of its duration specified in sub-section (1); and
   • (b) before the expiration of a period of six months from the date of its dissolution: Provided that where the remainder of the period for which the dissolved panchayat would have continued is less than six months, it shall not be necessary to hold any election under this sub-section for constituting the panchayat for such period.
3. (3) A panchayat constituted upon the dissolution of a panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved panchayat would have continued under sub-section (1) had it not been so dissolved.
4. (4) Every casual vacancy of an elected member of a panchayat shall be filled, subject to sub-section (2), as soon as possible.

*14. Filling of vacancies of elected members. – If at an ordinary or casual election, no person is elected to fill any vacancy, a fresh election shall be held on such days as the election authority may fix.

¹⁵ Omitted

*15. [Omitted]

Election to more than one seat. –

1. (1) If a person is elected to more than one seat in one or more @ [omitted] panchayats, then unless he resigns all but one of the seats by writing under his hand addressed to the election authority within the time specified in sub-section (2), all the seats shall become vacant.
2. (2) Such resignation shall be made ---
   • (a) where the date of declaration of his election to more than one seat is on the same day, fourteen days from that date; and
   • (b) where the dates of declaration of his election to more than one seat are different, fourteen days from the last of su

Election to more than one seat. – (1) If a person is elected to more than one seat in one or more @ [omitted] panchayats, then unless he resigns all but one of the seats by writing under his hand addressed to the election authority within the time specified in sub-section (2), all the seats shall become vacant. (2) Such resignation shall be made --- (a) where the date of declaration of his election to more than one seat is on the same day, fourteen days from that date; and (b) where the dates of declaration of his election to more than one seat are different, fourteen days from the last of su

*14. Filling of vacancies of elected members. – If at an ordinary or casual election, no person is elected to fill any vacancy, a fresh election shall be held on such days as the election authority may fix.

The question for disqualification of members.—If any question arises as to whether a member of a village panchayat or of a commune panchayat council has become disqualified for being a member of a village panchayat or a commune panchayat council under sections 20, 21, 22 or 23, the question shall be referred to the Election Commission for decision.

Powers of Election Commission. –

1. (1) Where in connection with the tendering of any opinion to the Administrator under sub-section (2) of section 25, the Election Commission considers it necessary or proper to make an inquiry, and the Commission is satisfied that on the basis of the affidavits filed and the documents produced in such inquiry by the parties concerned of their own accord, it cannot come to a decisive opinion on the matter which is being inquired into, the Commission shall have for the purposes of such inquiry the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (Central Act No. 5 of 1908) in respect of the following matters, namely: --
   • (a) summoning and enforcing the attendance of any person and examining him on oath;
   • (b) requiring the discovery and production of any document or other material object producible as evidence;
   • (c) receiving evidence on affidavits;
   • (d) requisitioning any public record or a copy thereof from any court or office;
   • (e) issuing commissions for the examination of witnesses or documents.
2. (2) The Commission shall also have the power to require any person to furnish information on such points or matters as in the opinion of the Commission may be useful for, or relevant to, the subject-matter of the inquiry.
3. (3) The Commission shall be deemed to be a civil court and when any such offence, as is described in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code (Central Act 45 of 1860) is committed in the view or presence of the Commission, the Commission may, after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), forward the case to the magistrate having jurisdiction to try the same and the magistrate to whom any such case is forwarded shall proceed to bear the complaint against the accused as if the case has been forwarded to him under section 346 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
4. (4) Any proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and section 228 of the Indian Penal Code (Central Act 45 of 1860).

Statements made by persons to the Election Commission. – No statement made by a person in the course of giving evidence before the Election Commission shall subject him to, or be used against him in any civil or criminal proceeding except a presentation for giving false evidence by such statement:

Provided that the statement ---

1. (a) is made in reply to a question which he is required by the Commission to answer; or
2. (b) is relevant to the subject-matter of the inquiry.

Procedure to be followed by the Election Commission.—The Election Commission shall have the power to regulate its own procedure (including the fixing of places and times of its sittings and deciding whether to sit in public or in private).

Protection of action taken in good faith. – No suit, prosecution or other legal proceedings shall lie against the Commission or any person acting under the direction of the Commission in respect of anything which is in good faith done or intended to be done in pursuance of the foregoing provisions of sections 25A, 25B and 25C or of any order made thereunder or in respect of tendering of any opinion by the Commission to the Administrator or in respect of the publication, by or under the authority of the Commission of any such opinion, paper or proceedings].

Oath or affirmation to be made by members.

Corrupt practices and electoral offences.

Requisitioning of premises, vehicles, etc., for election purposes.

Payment of compensation.

Power to obtain information.

Powers of entry into and inspection of premises, etc.

Eviction from requisitioned premises.

Release of premises from requisition.

Penalty for contravention of any order regarding requisitioning.

Dispute as to validity of election.

Fresh elections.

Publication of the results of election.

[37-A. Special procedure for preventing personation of electors. - With a view to preventing personation of electors provisions may be made by rules made under this Act, --

1. (a) for the marking with indelible ink on the little finger of every elector who applies for a ballot paper or ballot papers for the purpose of voting at a polling station before delivery of such paper or papers to him;
2. (b) for the production before the presiding officer or a polling officer of a polling station by every such elector as aforesaid of his identity card before the delivery of a ballot paper or ballot papers to him, if electors of the wards of the village panchayat in which the polling station is situated have been supplied with identity cards with or without their respective photographs attached thereto; and
3. (c) for prohibiting the delivery of any ballot paper to any person for voting at a polling station if at the time such person applies for such paper he has already such a mark on his little finger or does not produce on demand his identity card before the presiding officer or a polling officer of the polling station].

[37-B. Voting machines at elections. - Notwithstanding anything contained in this Act or the rules made thereunder, the giving and recording of votes by voting machines in such manner as may be prescribed, may be adopted in such Panchayat Ward or Wards as the Election Commission may, having regard to the circumstances of each case, specify. Explanation. – For the purpose of this section, "voting machine" means any machine or apparatus whether operated electronically or otherwise used for giving or recording of votes and any reference to a ballot box or ballot paper in this Act or the rules made thereunder shall, save as otherwise provided, be construed as including a reference to such voting machine wherever such voting machine is used at any election].

Power to make rules regulating elections. –

1. (1) The Government may, by notification, make rules generally to provide for or to regulate matters in respect of elections to be held under this Act.
2. (2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely: --
   • (a) maintenance of the electoral rolls and their publications;
   • (b) notification of the elections;
   • (c) administrative machinery for the conduct of elections;
   • (d) the nominations of candidates, form of nomination paper, objections to nomination, scrutiny of nominations;
   • (e) the deposits to be made by candidates and circumstances under which deposits may be refunded to candidates or forfeited to the village panchayats;
   • (f) the assignment of symbols to candidates;
   • (g) the withdrawal of candidature;
   • (h) the appointment of agents of candidates;
     • (i) the form of ballot paper;
   • (j) the procedure in contested and uncontested elections;
   • (k) the steps to be taken to prevent impersonation of voters;
   • (l) the manner of recording votes; +[(ll) the manner of giving and recording votes by means of voting machines and the procedure as to voting to be followed at polling stations where such machines are used];
   • (m) the procedure to be followed in respect of challenged votes and tendered votes; +[(mm) the procedure as to counting of votes recorded by means of voting machines];
   • (n) the scrutiny of votes, counting or recounting of votes, declaration of results and procedure in case of equality of votes;
   • (o) the custody and disposal of papers relating to elections;
   • (p) the circumstances in which poll may be suspended or held afresh;
   • (q) appointment of election tribunal, procedure for filing election petitions including deposit of security and costs of election petition;
   • (r) any other matter relating to elections which is to be or may be prescribed under this Act.

Jurisdiction of civil courts barred. – No civil court shall have jurisdiction to question the legality of any action taken or of any decision given by the returning officer or by any other person appointed under this Act in connection with an election.

President and Vice-President of village panchayat. – There shall be a President and a Vice-President for every village panchayat.

Election of President. – (1)

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.
2. (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 eligible to stand for election as a member: Provided further that a person who stands for election as 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.

1. (2) The election of the President may be held ordinarily at the same time and in the same place as the ordinary elections of the members of the village panchayat.
2. (3) *[Omitted]
3. (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.
4. (5) Unless the Director 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.
5. (6) The provisions of sections 20 to 26 (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 village panchayat.
6. (7) The President shall be ex-officio member of the village panchayat and shall have all the rights and privileges of an elected member of the village panchayat.

A. [Omitted]

Election of Vice-President. –

1. (1) The Vice-President shall be elected by the village panchayat from among its members in accordance with such procedure as may be prescribed.
2. (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.

Cessation of office of President and Vice-President. – The President or Vice-President shall cease to hold office as such –

1. (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;
2. (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.

President not to cease to hold office. – Without prejudice to the provisions of section 43, the President, [omitted] shall not cease to hold office as such on his election as [omitted] Vice-Chairman of any commune panchayat council.

Functions of the President. –

1. (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. (2) No official correspondence between the village panchayat and the Government shall be conducted except through the President.

Devolution and delegation of President’s functions and filling up of vacancies in the office of President. –

1. (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. (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. (3) When the office of the 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 the 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 Director 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 Director in this behalf.
4. (4) The member of the village panchayat or the person so appointed (who shall be styled 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 Vice-President returns to jurisdiction or recovers from his incapacity, as the case may be.
5. (5) Any vacancy in the office of the President shall be reported to the election authority by such person and within such time as may be prescribed and the election authority shall arrange for the election of the President.
6. (6) 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).

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: Provided further that the President shall not delegate any functions with the village panchayat expressly prohibits him to delegate.

Chairman and Vice-Chairman of commune panchayat councils. –

1. (1) There shall be a Chairman and a Vice-Chairman for every commune panchayat council.
2. (2) The Chairman and the Vice-Chairman shall, be elected by, and from amongst, the elected members of the commune panchayat council, in accordance with such procedure as may be prescribed. If at an election held under this sub-section, no Chairman or Vice-Chairman is elected, a fresh election shall be held for electing the Chairman or Vice-Chairman, as the case may be.
3. (3) The Chairman shall ---
   • (a) convene the meetings of the commune panchayat 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.
4. (4) The Chairman shall have full access to all the records of the commune panchayat 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.
5. (5) The Chairman shall, by virtue of his office be a member of every committee of the commune panchayat council.
6. (6) A Chairman shall be deemed to have vacated his office if he ceases to be a member of the council.
7. (7) A Vice-Chairman shall be deemed to have vacated his office --
   • (i) if he ceases to be member of the council; or
   • (ii) on his election as Chairman.

Rights of individual members.

No President, Vice-President, Chairman, Vice-Chairman or member to

receive remuneration.

Appointment of executive officers for certain village panchayats [Section text not available in the official gazette publication.]

Functions of executive officer.

Administration reports of village panchayat. —

1. (1) The executive authority of every village panchayat shall prepare an annual report of the administration of the village panchayat during each financial year and shall cause it to be laid before the village panchayat.
2. (2) The village panchayat shall, after considering the report, forward it to the commune panchayat council with such comments as it may deem fit.

Administration reports of commune panchayat council [Section text not available in the official gazette publication.]

Power to grant leave to establishment.

Special provisions regarding officers and other employees of the Government lent to commune panchayat council.

Provincialisation of any class of officers or servants of commune panchayat council.

Appointment of common officer.

Transfer of officers and other employees.

Power to punish officers and other employees.

Applicability of certain sections to public health establishment.

FUNCTIONS, POWERS AND PROPERTY OF VILLAGE PANCHAYATS AND COMMUNE PANCHAYAT COUNCILS

Duty of village panchayat to provide for certain matters,

Prohibition against obstructions in or over public roads, etc.

Vesting of communal property or income in village panchayat

Vesting of water-works in village panchayats

Maintenance of irrigation works, execution of kudimaramat, etc.

Village panchayat to regulate the use of certain porambokes

Collected sewage, etc., to belong to village panchayat

Immovable property required by village panchayat may be acquired under the Land Acquisition Act, 1894

Contributions from persons having control over place of pilgrimage, etc.

Power to order closure of places of public entertainment

Minor suffering from dangerous diseases not to attend schools.

Compulsory vaccination.

Obligation to give information of small-pox or cholera.

Precautions in case of dangerous tanks, wells, holes, etc.

Removal of filth or noxious vegetation from lands and buildings.

Power of Commissioner or executive authority to use or sell materials of dangerous structure taken down, etc.

Limitation of compensation.

Public markets.

Licensing of private markets.

Decision of disputes as to whether places are markets.

Power of Government to make rules in respect of the grant and renewal of licences and permissions.

TAXATION AND FINANCE

Local cess.

Local cess surcharge.

Rules regarding collection of local cess.

Taxes leviable by village panchayat.

Taxes levied by commune panchayat council.

Public notice of time fixed for lodging objections.

Objection how to be dealt with.

Authentic list how far conclusive.

Amendment of assessment list.

Assessment to be done after every five years.

Recovery of house tax from the owner by the occupier.

Levy of house tax or profession tax on a direction by Government.

Power to make rules regarding house tax.

It does not contain the full text or sub-clauses for Section 143.

Owner or occupier to furnish list of persons liable to tax [Section text not available in the official gazette publication.]

146. Requisition of employers or their representatives to furnish list.

Appeals against assessment" in the index (page 469).

Duty on transfers of property.

Exemptions.

Power to require land revenue staff to collect taxes and fees due to village panchayat and commune panchayat council.

Write-off of irrecoverable amounts.

Levy of duty on toddy trees.

Tax on payment for admission to entertainments.

A. Tax on Television exhibition.

Power to make rules.

Mode of recovery of taxes, fees, cesses and other dues.

Mode of collection.

Distraint and sale of movable property.

Power of entry by force under special order.

Inventory and notice of distress and sale.

Property of defaulter may be distrained wherever found.

Certain amount to be recovered as arrears of land revenue [Section text not available in the official gazette publication.]

Appeal.

Bar of other proceedings.

Expenditure from commune panchayat fund and village panchayat fund.

Preparation and sanction of budgets.

Appointment of auditors.

Contributions to expenditure by other local authorities.

Recovery of loans and advances made by Government.

CONTROLLING AUTHORITIES

Appointment of officers to supervise commune panchayat councils and village panchayats.

Power to regulate conditions of service, etc

Powers of inspecting officers.

Emergency powers of Director.—The Director may, in case of emergency, direct or provide for the execution of any work, or the doing of any act which the village panchayat or commune panchayat council or the executive authority or the Commissioner 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 village panchayat or commune panchayat council.

Removal of President [Section text not available in the official gazette publication.]

Removal of Chairman or Vice-Chairman [Section text not available in the official gazette publication.]

Omitted.

Resignation of office.

Motion of no-confidence in Vice-President of village panchayat.

Motion of no-confidence in Chairman or Vice-Chairman of commune panchayat councils.

Dissolution of Panchayats.

Omitted.

Omitted.

Powers of officers acting for or in default of village panchayat or commune Panchayat council and liability of village panchayat or commune panchayat fund.

Delegation of powers.

Revision.

GENERAL AND MISCELLANEOUS

General provisions regarding licences and permissions.

Government not to obtain licences and permissions.

("Time for complying with notice, order, etc., and power to enforce in default")

("Powers of entry and inspection")

("Testing of weights and measures")

("Powers to call for information from karnams")

("Limitation for recovery of dues")

("Persons empowered to prosecute")

("Composition of offences")

("Prosecutions and compositions to be reported to village panchayat or commune panchayat council")

("Sanction for prosecution")

("Notice of action against village panchayat, etc")

("Protection of Chairman and officers acting in good faith")

("Injunctions not to be granted in election proceedings")

("Liability of President, executive authority and members of a village panchayat and Chairman, Commissioner and members of a commune panchayat council for loss, waste or misapplication")

("Assessment etc., not to be impeached")

("Public road, markets, wells, tanks, etc., to be open to all")

("Power to farm out fees")

("Adjudication of disputes between local authorities")

("Constitution of territorial council for panchayats, its functions etc")

("General powers of territorial council")

("Annual report")

("Returns, statistics, etc")

("Power to make rules regarding territorial council")

CATTLE-POUNDS

("Cattle-trespass Act to cease to apply to panchayat areas")

("Power to establish cattle-pounds and appoint pound keepers")

("Duties of pound-keepers")

("Impounding cattle")

("Delivery of cattle claimed")

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EVICTION OF PERSONS FROM PANCHAYAT PREMISES

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CIVIL AND CRIMINAL JUSTICE

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Establishment of nyaya panchayat.

Constitution of nyaya panchayat.

Term of office of members of nyaya panchayat.

Election of President and Vice-President of nyaya panchayat.

Resignation of a member, Vice-President or President.

Suspension or removal of president or Vice-President or a member of a nyaya panchayat.

Seal of nyaya panchayat.

Conduct of business of nyaya panchayat.

Presidency at meeting of nyaya panchayat.

Quorum and decisions at the sittings of the nyaya panchayat.

Nyaya panchayat to have exclusive civil and criminal jurisdiction.

Suits cognizable by nyaya panchayat.

Suits not cognizable by a nyaya panchayat.

Compromise of suits.

The nyaya panchayat in which a suit is to be instituted.

Suits to include the whole claim.

Commencement of proceedings in a suit before a nyaya panchayat.

Incidental determination of matters not cognizable by nyaya panchayat.

Appearance in person or by agent.

Exemption of certain persons from personal appearance in suits.

Limitation.

Death of parties.

Nyaya panchayat may transfer certain suits to Judicial Officers.

Transfer of certain suits.

On conclusion of hearing, nyaya panchayat to pass decree.

Appointment and functions of the secretary of nyaya panchayat

Power of Government to make rules

RULES, BYE-LAWS AND PENALTIES

Power of Government to make rules

Penalties for breach of rules

Bye-laws and penalties for their breach

Punishments of certain offences

Penalty for acting as member, President, Vice-President of a village panchayat or as member, Chairman or Vice-Chairman of a commune panchayat council, when disqualified

Penalty for acquisition by an officer or servant or interest in contract work

Wrongful restraint of executive authority or Commissioner or his delegate

Prohibition against obstruction of village panchayat, commune panchayat councils, etc

Prohibition against removal or obliteration of notice

Penalty for not giving information or for giving false information

MISCELLANEOUS

Extension of provisions of the Puducherry Municipalities Act, 1973 or of any rules made thereunder

Power to remove difficulties

Power, authority and responsibilities of Panchayat

Publication of rules, commencement of rules and notifications and placing of rules and orders on the Table of the Assembly

Power of Government to make suitable provisions by order when a Panchayat village or commune panchayat is created or altered.

REPEALS AND TRANSITORY PROVISIONS

Repeal and savings.

Special provisions regarding the term of councillors or members of existing council whose term is due to expire.

Consequences of replacement of existing councils.

Provisions as to employees existing before the commencement of this Act.

Obligation to carry out certain duties and functions of existing councils.