Chapter VIII Chapter VIII

Functions, powers and property of village panchayat, panchayat union councils and district panchayats

Duty of Village Panchayat to provide for certain matters. -

1. (1) Subject to the provisions of this Act and the rules made thereunder, it shall be the duty of a Village Panchayat 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 which are vested in the Village Panchayat and of all bridges, culverts and causeways on such roads;
   • (b) the lighting of public roads and public places;
   • (c) the construction of drains and the disposal of drainage water and sullage;
   • (d) the cleaning of streets and the removal of rubbish and filth;
   • (e) the opening and maintenance of cremation and burial grounds;
   • (f) the sinking and repairing of wells and the excavation, repair and maintenance of ponds for the supply of water for drinking purposes;
   • (g) the conservation of the water resources;
   • (h) the maintenance of minor irrigation works as are transferred to the Village Panchayat by the Government or Panchayat Union Council.
2. (2) The Village Panchayat may also make such other arrangements as it may deem necessary for the health, safety, welfare and convenience of the inhabitants of the Panchayat Village as may be prescribed.

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, and if the Government so direct, shall make provision for,-

1. (a) the construction, repair and maintenance of public markets other than markets classified as Panchayat Union markets;
2. (b) the opening and maintenance of public landing places, cattle sheds and cart-stands;
3. (c) the opening and maintenance of public slaughter-houses;
4. (d) the planting of trees;
5. (e) the lighting of public roads and public places;
6. (f) the opening and maintenance of cart-stands, cattle sheds, public landing places and bus-stands;
7. (g) the opening and maintenance of burial and burning grounds;
8. (h) the construction and maintenance of slaughter houses;
   • (i) the maintenance of play-grounds, parks, clubs and other centers for physical culture and recreational activities;
9. (j) the opening and maintenance of reading rooms and libraries;
10. (k) the establishment and maintenance of gymnasiums;
11. (l) the promotion, improvement and encouragement of cottage and small-scale industries;
12. (m) the promotion of agriculture and livestock;
13. (n) the opening of elementary schools;
14. (o) the implementation of any development scheme;
15. (p) the installation and maintenance of television sets and radio sets for community viewing and listening;
16. (q) the construction and maintenance of community halls;
17. (r) the performance of any other function which the Government may, by notification, entrust to the Village Panchayat.

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 to make reasonable provision for carrying out the requirements of the Panchayat Union in respect of the following matters, namely:-

1. (a) the construction, repair and maintenance of all public roads in the Panchayat Union (other than such roads as are under the control of the Government or any other local authority);
2. (b) the establishment and maintenance of dispensaries, maternity and child welfare centres, and the taking of other sanitary measures;
3. (c) the establishment and maintenance of elementary schools;
4. (d) the opening and maintenance of Panchayat Union markets;
5. (e) the opening and maintenance of public landing places, cart-stands and cattle sheds;
6. (f) the opening and maintenance of public slaughter-houses;
7. (g) the implementation of the National Extension Service Scheme of Community Development;
8. (h) the opening and maintenance of libraries and reading rooms;
   • (i) the opening and maintenance of bus-stands;
9. (j) the implementation of rural housing schemes;
10. (k) the maintenance of any building, property or other institution transferred by the Government to the Panchayat Union Council;
11. (l) the performance of any other function which the Government may, by notification, entrust to the Panchayat Union Council.

Entrustment of execution of National Extension Service Scheme of Community Development of Panchayat Union Councils.- The Government may, by notification, entrust to any Panchayat Union Council the execution of the National Extension Service Scheme of Community Development in its Panchayat Development Block, and in respect of such scheme, the Panchayat Union Council shall perform such functions and exercise such powers as may be prescribed.

Entrustment of certain schemes to Panchayat Union Councils.- The Government may, by notification, entrust to any Panchayat Union Council, the execution of any scheme or the performance of any function, whether or not mentioned in this Act, which is within the executive power of the Government, on such terms and conditions as may be specified in the notification.

Power of Panchayat Union Council to provide for certain other matters.—

1. (1) Subject to the provisions of this Act and the rules made thereunder, a Panchayat Union Council may, and if required by the Government shall, provide for carrying out the requirements of the Panchayat Union in respect of the following matters, namely:—
   • (a) the planting and preservation of trees on the sides of all public roads and in other public places under its control;
   • (b) the opening and maintenance of public markets;
   • (c) the control and management of any cattle market, cart-stand or slaughter-house in respect of which a licence is required under this Act;
   • (d) the opening and maintenance of public landing places, halting places and cart-stands;
   • (e) the opening and maintenance of public slaughter-houses;
   • (f) the opening and maintenance of reading rooms and libraries;
   • (g) the opening and maintenance of choultries;
   • (h) the opening and maintenance of child welfare centres;
     • (i) the opening and maintenance of maternity and child welfare centres;
   • (j) the opening and maintenance of veterinary hospitals;
   • (k) the opening and maintenance of dispensaries and the payment of grants to private dispensaries;
   • (l) the opening and maintenance of relief works during scarcity or famine;
   • (m) the opening and maintenance of public parks and play-grounds;
   • (n) the opening and maintenance of public, burial or burning grounds;
   • (o) the implementation of any other development programme that may be entrusted by the Government to the Panchayat Union Council;
   • (p) the taking of sanitary measures in cases of epidemics;
   • (q) the opening and maintenance of any other institution for the benefit of the Panchayat Union and the advancement of any sanitary or educational work of permanent utility;
   • (r) the contribution to any fund opened for the relief of the poor; the contribution to the association of panchayats or panchayat unions.

Common burial and burning grounds, etc.—

1. (1) A Panchayat Union Council may, and if required by the Government shall, provide at its own cost, places to be used as burial or burning grounds and may charge for the use of any such burial or burning ground.
2. (2) Every place used as a burial or burning ground shall be registered in the office of the Village Panchayat or Panchayat Union Council, as the case may be.
3. (3) No person shall bury or burn any corpse in any burial or burning ground not so registered.

Lighting of public roads and public places.-

1. (1) The Village Panchayat shall, so far as the funds at its disposal may admit, provide for the lighting of public roads and public places and may provide for such lighting by oil, electricity or such other illuminant as the Village Panchayat may determine.
2. (2) With the sanction of the Government, the Village Panchayat may also provide for the lighting of any such road or place by any system of lighting which it may consider suitable.

Maintenance of common dispensaries, child welfare centres, etc.- The Village Panchayat or the Panchayat Union Council may provide for the construction, establishment and maintenance of common dispensaries, child welfare centres, maternity homes and other similar institutions and may pay grants-in-aid to private institutions of a like character.

Transfer of immovable property, management of Institutions, execution of maintenance of works, etc. to a Village Panchayat.—

1. (1) The Government may transfer to a Village Panchayat 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 Village and whether or not it relates to matters specified in Sections 110 and 111, which, under any enactment or otherwise, is vested in, or devolves upon, the Government or the Panchayat Union Council. Provided that no such transfer shall be made without the consent of the Village Panchayat and the Panchayat Union Council concerned.
2. (2) The Government may transfer to a Village Panchayat, any immovable property belonging to the Government and situated within the Panchayat Village, subject to such restrictions and conditions as may be imposed by the Government:

Transfer to Village Panchayat of unreserved forests Transfer to Village Panchayat of unreserved forests.—

1. (1) Subject to such rules as may be prescribed, the Government may transfer to any Village Panchayat the protection and maintenance of any unreserved forest, the regulation of the use of the products thereof and the levy of fees for such use.
2. (2) The Village Panchayat shall exercise the powers and perform the duties of the Government under the Tamil Nadu Forest Act, 1882 (Tamil Nadu Act V of 1882) or any other law for the time being in force, in respect of any unreserved forest so transferred to it.

Power of Government to resume possession of unreserved forest vested in Village Panchayat and payment of compensation, etc.

1. (1) Notwithstanding anything contained in this Act, the Government may, if in their opinion any unreserved forest vested in a Village Panchayat is required for any public purpose, resume possession of such unreserved forest from the Village Panchayat.
2. (2) Where possession of any unreserved forest is resumed under sub-section (1), the Government shall pay to the Village Panchayat, compensation for such resumption, of such amount as may be determined by the Government, having regard to the loss, if any, caused to the Village Panchayat by such resumption.
3. (3) Any dispute as to the amount of compensation payable to the Village Panchayat under sub-section
4. (2) shall be decided by the Government, and their decision shall be final.

Power of Commissioner of Land Administration to transfer or resume control of Endowments and Inams.

1. (1) The Commissioner of Land Administration may transfer to a Village Panchayat, the management of any endowment or inam for the benefit of which any land is held, or may resume such management from the Village Panchayat.
2. (2) The Village Panchayat shall, in respect of any endowment or inam, the management of which is transferred to it under sub-section (1), perform such duties and discharge such functions as may be imposed on, or assigned to it by the Commissioner of Land Administration.

("Government’s power to add to functions of Panchayat Union Council")

Government’s power to add to functions of Panchayat Union Council. - The Government may, by notification, entrust to a Panchayat Union Council such other functions as may be specified in the notification.

("Limitation of power to accept donations and Trusts")

Limitation of power to accept donations and Trusts. - A Village Panchayat or a Panchayat Union Council may accept donations for, or trusts relating exclusively to, the furtherance of any purpose which it may undertake or which it is required to provide for, but shall not accept any trust or donation for any other purpose:

Provided that no Village Panchayat or Panchayat Union Council shall accept any donation or trust in respect of any property which relates to or is connected with, any religious institution or such other properties as may be prescribed.

Vesting of public roads in Village Panchayat.—(1) All public roads in any Panchayat village, other than public roads classified as National Highways or State Highways or major district roads or roads vesting in the Panchayat Union Council or the District Panchayat shall vest in the Village Panchayat.

1. (2) The Village Panchayat shall, with the sanction of the Inspector, have power to dispose of any public road or part thereof, so vested in it, or of any other property vested in it; but no such disposal shall, if it affects the right of access to, or drainage from, any property adjoining, be valid without the previous sanction of the Government.
2. (3) The Government may, by notification, exclude from the operation of this Act any public road, sewer, drain or other property and may also vest in the Village Panchayat any public road, sewer, drain or other property which may be under the control of the Government.

Vesting of public roads in Panchayat Union Councils.—(1) Notwithstanding anything contained in Section 125, all public roads in any Panchayat Union (other than any public road which is a National Highway or a State Highway or a major district road) which adjoin or provide access to any public institution or property which is vested in the Panchayat Union Council or which are necessary for the better performance of the functions of the Panchayat Union Council shall vest in the Panchayat Union Council: Provided that the Government may pass such orders as they may deem fit as to the vesting of any public road in the Panchayat Union Council or the Village Panchayat.

1. (2) The Panchayat Union Council shall have power to dispose of any public road or part thereof, so vested in it, subject to such conditions as may be prescribed.

Duty of Village Panchayat in respect of public roads excluded from the operation of the Act.-

1. (1) Notwithstanding anything contained in this Act, the Village Panchayat shall, in respect of all public roads within its jurisdiction which are excluded from the operation of this Act, perform such functions and exercise such powers as may be conferred on it by or under any other law for the time being in force.
2. (2) The Village Panchayat shall be responsible for the maintenance and repair of such public roads and shall prevent any obstruction or nuisance therein, in so far as it is required to do so by the authority in whom the road is vested.

Precautions in case of dangerous structures.-

1. (1) If any structure is in the opinion of the Executive Authority in a ruinous state or dangerous to the passers-by or to the occupiers of neighbouring structures, the Executive Authority may, by notice, require the owner or occupier to fence off, take down, secure or repair the same so as to prevent any danger therefrom.
2. (2) If immediate action is necessary, the Executive Authority may himself, before giving such notice or before the period of such notice expires, fence off, take down, secure or repair the structure or take such other step as he may think necessary to prevent such danger.
3. (3) Any expenses incurred by the Executive Authority under sub-section
4. (2) shall be paid by the owner or occupier of the structure and shall be recoverable from such owner or occupier as if it were an arrear of land revenue due on the property.

Precautions in case of dangerous structures.-

1. (1) If any structure be deemed by the Executive Authority to be in a ruinous state and dangerous to the passengers or occupiers of such structure or of neighbouring structures or to the public, the 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 there from.
2. (2) If immediate action is necessary, the Executive Authority may himself, before giving such notice or before the period of notice expires, fence off, take down, secure or repair such structure or take such temporary measures as he thinks fit to prevent danger, and the cost of doing so shall be recoverable from the owner or occupier in the manner provided in Section 222.
3. (3) If in the opinion of the Executive Authority the structure is imminently dangerous to the inmates thereof, he shall order the immediate evacuation of the structure and any person disobeying such order may be removed by any police officer.

Precautions in case of dangerous trees.-

1. (1) If any tree or any branch of a tree or the fruit of any tree be deemed by the Executive Authority to be likely to fall and thereby endanger any person or any structure or any public road, the 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. (2) If immediate action is necessary, the Executive Authority may himself, before giving such notice or before the period of notice expires, secure, lop, or cut down the said tree or remove the fruit thereof, 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 provided in Section 222.

Prohibition against obstructions in or over public roads, etc.—(1) No person shall, except with the permission of the Panchayat and except in accordance with the conditions imposed in such permission, build any wall or erect or set up any fence, rail, post, step, booth or other structure or projection or other encroachment or obstruction, in or over any public road or any open or enclosed space not being private property in respect of which the Panchayat has powers under the provisions of this Act.

1. (2) Whoever contravenes the provisions of sub-section
2. (1) shall, on conviction, be punished with a fine for every such offence which shall not be less than five hundred rupees and not exceeding one thousand rupees, and in the case of a continuing offence with a further fine which may extend to one hundred rupees for every day after the first during which such contravention continues.
3. (3) The Panchayat may remove any such obstruction or encroachment and the expenses of such removal shall be paid by the person who has caused the said obstruction or encroachment.

Vesting of communal property or income in Village Panchayat.—(1) Any property or income which by custom belongs to or has been administered for the benefit of the inhabitants of a Panchayat Village in general, or the holders in common of village land in a Panchayat Village as a whole, shall, if such property or income does not vest in any other person or authority, vest in the Village Panchayat and be administered by the Village Panchayat for the benefit of the inhabitants of the Panchayat Village.

1. (2) Subject to such rules as may be prescribed, the Village Panchayat may levy fees for the use of any such property.

Maintenance of irrigation works, execution of Kudimaramat, etc.-

1. (1) Subject to such conditions and control as may be prescribed, the Government may transfer to any Village Panchayat the protection and maintenance of any irrigation work, the regulation of the turn of water for irrigation and the regulation of the turn of water for irrigation and the discharge of the duties and functions of the Village Panchayat under the law relating to irrigation for the time being in force, in respect of such work.
2. (2) The Village Panchayat shall have power, subject to such restrictions and control as may be prescribed, to execute Kudimaramat (periodical maintenance and repairs of irrigation works) in respect of any irrigation work in the Panchayat Village and to levy such fee and in such manner as may be prescribed.
3. (3) The Village Panchayat shall carry out such repairs to irrigation works as the Government may direct.

Village Panchayat to regulate the use of certain Porambokes in ryotwari tracts.-

1. (1) The provision of this section shall apply to all Porambokes in ryotwari tracts which are at the disposal of the Government and the use of which is regulated by the village community.
2. (2) The Government may, by notification, direct that any such Poramboke shall be under the control of the Village Panchayat and may, in like manner, cancel or modify such notification.
3. (3) The Village Panchayat shall have power, subject to such restrictions and control as may be prescribed, to regulate the use of any such Poramboke and to levy such penalty or fee for the use thereof as may be prescribed.

Village Panchayat to regulate the use of certain communal lands in Estates governed by the Tamil Nadu Estates Land Act, 1908.—(1) The provisions of Section 134 shall apply to all communal lands in an estate which are governed by the Tamil Nadu Estates Land Act, 1908 (Tamil Nadu Act I of 1908) : Provided that the Village Panchayat shall exercise the powers under this section subject to such restrictions and control as may be prescribed.

1. (2) The Village Panchayat may also make bye-laws for the use of any such communal land by the inhabitants of the village.

Collected rubbish, etc. to belong to Village Panchayat.—All rubbish, filth, carcasses of animals and any other matter collected by the Village Panchayat from public roads, public markets, residential houses or other places shall belong to the Village Panchayat, and the Village Panchayat may dispose of them in such manner as it thinks fit and the proceeds of such disposal shall be credited to the Village Panchayat Fund.

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 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 property shall vest in the Village Panchayat or the Panchayat Union Council, as the case may be.

Contributions from persons having control over places of pilgrimage, etc. — If any place of pilgrimage, religious shrine, fair, melas, exhibition or any other place of public resort is situated within or near the jurisdiction of a Village Panchayat and if the Village Panchayat considers that the arrangements made for the sanitation and other amenities at such place are inadequate, it may request the person or authority in charge of such place to make such contributions as may be necessary for the provision of additional sanitary and other amenities.

Power to order closure of places of Public Entertainment. – If the Inspector is of opinion that any place of public entertainment is so conducted as to cause danger to public peace or safety or is used as a place of public resort which is injurious to public health or is a source of annoyance to the public, he may, by notice, require the proprietor or person in charge of such place of public entertainment to close the same, and if such proprietor or person in charge fails to comply with the notice, the Inspector may, by order, direct that such place of entertainment shall be closed and that it shall not be reopened without his permission.

Minor suffering from dangerous disease not to attend schools.–

1. (1) No person being the parent or having charge of a minor shall knowingly or negligently permit such minor to attend any school, if such minor is suffering from such dangerous disease as the Government may, by notification, specify in this behalf, unless there is a certificate, signed by a registered medical practitioner, certifying that such minor may attend without risk to others.
2. (2) Whoever contravenes the provisions of sub-section
3. (1) shall be punishable with fine which may extend to fifty rupees.

Compulsory vaccination. -

1. (1) The Village Panchayat may by notification direct that all children residing in the Panchayat Village who have not attained the age of five years or such other age as may be prescribed, shall be vaccinated; and the father of every such child or if the father is dead or absent, the mother, or if both the parents are dead or absent, the person having the care of the child, shall be bound to cause the child to be vaccinated by a person licensed by the Government or the Village Panchayat.
2. (2) Whoever contravenes any direction under sub-section
3. (1) shall be punishable with fine which may extend to five rupees for each offence.

Obligation to give information of small pox or cholera. -

1. (1) Every person in charge of, or in attendance, whether as a medical practitioner or otherwise, on any person suffering from small pox or cholera and the occupier of the building in which such person is, shall, as soon as he becomes aware that the person is suffering from small pox or cholera, give information to the Executive Authority of the Village Panchayat or to such other officer as may be appointed by him in this behalf.
2. (2) Any person who fails to give information as required by sub-section
3. (1) shall be punishable with fine which may extend to fifty rupees.

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

1. (1) If any tank, well, hole, stream, dam, bank or other place appears to the Executive Authority or Commissioner to be, for want of sufficient repair, protection or enclosure, dangerous to the passengers or other persons resorting thereto or dwelling or working in the neighbourhood, the Executive Authority or Commissioner may, by notice, require the owner to fill in, remove, repair, protect or enclose the same so as to prevent any danger therefrom.
2. (2) If immediate action is necessary, the Executive Authority or Commissioner may himself, before such notice and requisition are complied with, take such temporary measures as he thinks fit, to prevent danger, or after giving notice to the owner, fill in, remove, repair, protect or enclose such tank, well, hole, stream, dam, bank or other place.
3. (3) All expenses incurred by the Executive Authority or Commissioner in taking any such temporary measures, shall be recoverable from the owner of the place as if it were a tax due to the Village Panchayat or Panchayat Union Council.

Removal of filth or noxious vegetation from lands and buildings. –

1. (1) If, at any time, it appears to the Executive Authority or Commissioner that any land or building or any well, tank or other place, being private property, -
   • (a) is in an insanitary state; or
   • (b) is overgrown with noxious vegetation; or
   • (c) is, from the want of drainage, in a state which is likely to be injurious to the health of the inhabitants of the village or a centre of infection for disease, the Executive Authority or Commissioner may, by notice, require the owner or the person in occupation of such land, building, well, tank or other place, to clean, drain, clear or otherwise put in an insanitary state or to remove such vegetation or to provide such drainage.
2. (2) If the owner or the person in occupation of such land, building, well, tank or other place fails to comply with the requisition made under sub-section
3. (1) within the period specified in the notice, the Executive Authority or Commissioner may himself take such action as is required and the expenses thereof shall be recoverable from the owner or the person in occupation as if it were a tax due to the Village Panchayat or Panchayat Union Council.

Power of Commissioner or Executive Authority to use or sell materials of dangerous structure taken down, etc. –

1. (1) When a Village Panchayat or the Commissioner or the Executive Authority removes any building or other structure or any part thereof which has fallen down, or been demolished or pulled down under Section 128 or Section 144, the Village Panchayat or the Commissioner or the Executive Authority may sell the materials or any part of the materials thereof and apply the proceeds of the sale in or towards payment of the expenses incurred under the said sections.
2. (2) If after such application, there is any surplus of the sale proceeds, it shall be paid to the owner of the building or structure.

Limitation of compensation. – No person shall be entitled, save as provided in Section 74, to compensation for any damage sustained by reason of the exercise of any of the powers vested in any Panchayat, its President, Executive Authority or Commissioner under any of the provisions of this Chapter or any rule, by-law, regulation or order made thereunder.

Public Market. –

1. (1) The Village Panchayat may provide places for use as public markets.
2. (2) The Village Panchayat may levy all or any of the following fees in any public market at such rates not exceeding the maximum rates, if any, prescribed in this behalf, as the 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, stands and buildings in such market;
   • (c) fees on vehicles, pack-animals or carts bringing any goods for sale in such market;
   • (d) fees on animals brought for sale into such market;
   • (e) licence fees on brokers, commission agents, weighmen and measurers practising their calling in such market.
3. (3) The Village Panchayat may lease out the right to levy fees in any public market on such terms and conditions as it may think fit.
4. (4) The Village Panchayat may close any public market or part thereof.

Licensing of Private Markets. –

1. (1) No person shall open a new private market or continue to keep open a private market unless he obtains from the Village Panchayat a licence to do so.
2. (2) Applications for the grant or renewal of a licence to a private market shall be made to the Executive Authority in such form and with such particulars as may be prescribed.
3. (3) The Village Panchayat may grant or renew or refuse to grant or renew a licence for a private market, subject to such restrictions and control as to days and hours of business, drainage, lighting, sanitary convenience, water supply and generally to the maintenance of cleanliness and order in such market and the rates of fees to be charged, as the Village Panchayat may think fit.
4. (4) When the Village Panchayat refuses to grant or renew a licence, it shall record the reasons for such refusal and communicate the same to the applicant.
5. (5) The Village Panchayat may at any time cancel or suspend any licence granted under sub-section
6. (3) for breach of any of the conditions subject to which the licence was granted: Provided that no such order shall be made unless the licensee has been given a reasonable opportunity of showing cause against such cancellation or suspension.
7. (6) Any person aggrieved by an order of the Village Panchayat refusing to grant or renew a licence or cancelling or suspending a licence may appeal to the Panchayat Union Council within such time as may be prescribed and the decision of the Panchayat Union Council on such appeal shall be final.
8. (7) Every licence granted under this section shall expire at the end of the year for which it is granted.
9. (8) Any person who keeps open a private market in contravention of sub-section (1), or fails to comply with any restriction or condition imposed under sub-section (3), shall be punishable with fine which may extend to five hundred rupees, and in the case of a continuing offence, with a further fine which may extend to fifty rupees for every day during which the offence continues after conviction for the first such offence.

Decision of disputes as to whether places are markets. - If any question arises as to whether any place is a market, the Village Panchayat or the Panchayat Union Council shall report the matter to the Government and the decision of the Government on the question shall be final.

Prohibition of sale in unlicensed private markets, etc. -

1. (1) No person shall sell or expose for sale any animal, bird or article in any public market except in the stalls provided therefor and after obtaining such licence as may be prescribed.
2. (2) No person shall sell or expose for sale any animal, bird or article in any private market which is not licensed under Section 148.

Prohibition against sale in public roads.-

1. (1) The sale of any goods or merchandise in any public road is prohibited except under and in accordance with a licence granted by the Executive Authority or the Commissioner, as the case may be.
2. (2) Any person who contravenes the provisions of sub-section (1), shall be punishable with fine which may extend to two hundred rupees.

Classification of Markets.-

1. (1) The Government shall classify the markets as public markets and private markets.
2. (2) All markets which are transferred to or acquired by the Village Panchayat shall be held to be public markets and all other markets shall be held to be private markets.

Acquisition of right of person to hold Private Market. –

1. (1) Any person claiming to have the right to hold a private market in any Panchayat village, may apply to the Village Panchayat for the registration of such market.
2. (2) The application shall be made in such form and within such period as may be prescribed.
3. (3) The Village Panchayat shall, after making such inquiry as it deems necessary, either register the market or refuse to register the market.
4. (4) Any person aggrieved by an order of the Village Panchayat under sub-section (3) may appeal to the Inspector within such period as may be prescribed and the decision of the

Public landing places and cart-stands, etc Public landing places and cart-stands, etc. –

1. (1) Subject to such restrictions and control 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) and levy fees for their use; and
   • (b) where any such place or stand is provided, prohibit the use for the same purpose by any person, within such distance thereof, as may be determined by the Village Panchayat, of any public place or the sides of any public road.
2. (2) The Village Panchayat may farm out the collection of any fees levied under sub- section
3. (1) for any period not exceeding three years at a time on such terms and conditions as it may think fit.

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.

1. (2) Applications for such licence shall be made by the owner of the private cart-stand to the Executive Authority.
2. (3) 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 control, the number of carts, carriages, animals, vessels or vehicles that may stand, and the fees to be levied and the sanitary and other requirements to be maintained.
3. (4) The Village Panchayat may modify the conditions of the licence at any time on giving one month's notice.
4. (5) The Village Panchayat may, at any time, suspend or cancel any licence granted under sub-section
5. (3) for breach of the conditions thereof.
6. (6) Any person who contravenes the provisions of sub-section
7. (1) or any condition of the licence granted under sub-section
8. (3) shall be punishable with fine which may extend to five hundred rupees.

Public slaughter-houses.—(1) A Village Panchayat may provide places for use as public slaughter-houses and may charge and levy such rents and fees for their use as it may think fit.

1. (2) The Village Panchayat may farm out the collection of such rents and fees for any period not exceeding three years at a time on such terms and conditions as it may think fit.
2. (3) Nothing in this section shall be deemed to authorise any Village Panchayat to slaughter, or permit the slaughter of, any cattle in contravention of any law for the time being in force relating to the prevention of cruelty to animals.

Prohibition or regulation of the use of places for slaughtering animals and the licensing of slaughterers.—

1. (1) The Village Panchayat may, with the approval of the Inspector, publish a notification in the Village Panchayat, prohibiting the slaughtering, for sale within the Panchayat Village, of any cattle, horses, sheep, goats, or pigs in any place other than a public or licensed private slaughter-house.
2. (2) The Village Panchayat may, in accordance with the rules made by the Government, grant or renew a licence to any person for the use of any place for slaughtering such animals or for the licensing of such slaughterers.
3. (3) Nothing in this section shall be deemed to prevent the Government from setting apart any place for the slaughter of animals in accordance with any religious custom or usage.

Numbering or naming of building, etc.—

1. (1) The Executive Authority may cause a number to be affixed to the side or outer door of any building or to a place enclosed by a wall or fence and may, from time to time, cause it to be renewed.
2. (2) The Executive Authority may also cause to be put up or painted on a conspicuous part of any building or place, the name of any street or the name of any locality.
3. (3) Any person who causes the destruction, defacement or alteration of any such number, name or description shall be punishable with fine which may extend to five rupees.
4. (4) Every owner or occupier of a building shall, on being required by the Executive Authority, afford all reasonable facilities for the affixing of any number or the painting of any name under this section.

Purposes for which places may not be used without a licence. –

1. (1) The Government may, by notification, specify the purposes for which any place may not be used without a licence and except in accordance with the conditions specified in such licence.
2. (2) The Village Panchayat shall, as regards the places within its jurisdiction and the Panchayat Union Council shall, as regards the places within its jurisdiction, regulate the grant and renewal of such licences.
3. (3) The owner or occupier of every such place shall within thirty days of the publication of such notification, apply to the Executive Authority or the Commissioner, as the case may be, for a licence for the use of such place for such purpose.
4. (4) The Executive Authority or the Commissioner, as the case may be, may, by an order and subject to such restrictions and regulations as may be specified in such order, grant or refuse to grant such licence.
5. (5) Every order of the Executive Authority or the Commissioner granting or refusing to grant a licence shall be published in the notice board of the Village Panchayat or the Panchayat Union, as the case may be.
6. (6) Every such licence shall expire at the end of the year unless it is renewed.
7. (7) No application for a licence or for renewal shall be deemed to be granted until the orders of the Executive Authority or the Commissioner, as the case may be, are communicated to the applicant.
8. (8) The Village Panchayat or the Panchayat Union Council, as the case may be, may by notification, specify the fee for the grant or renewal of a licence under this section.

Permission for construction of factories and the installation of machinery. –

1. (1) No person shall, without the permission of the Village Panchayat or the Panchayat Union Council, as the case may be, and except in accordance with the conditions specified in such permission,—
   • (a) construct or establish any factory, workshop or work place 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.
2. (2) The application for permission shall be submitted to the Executive Authority or the Commissioner, as the case may be.
3. (3) The Village Panchayat or the Panchayat Union Council, as the case may be, may, by an order and subject to such restrictions and regulations as may be specified in such order, grant or refuse to grant such permission.
4. (4) Every order of the Village Panchayat or the Panchayat Union Council granting or refusing to grant such permission shall be published in the notice board of the Village Panchayat or the Panchayat Union.
5. (5) The Village Panchayat or the Panchayat Union Council, as the case may be, may by notification, specify the fee for the grant of permission under this section.

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

1. (1) The Government may make rules,-
   • (a) providing for the grant of licences and permissions under this Act and the renewal of such licences and permissions;
   • (b) prescribing the fees to be charged for the grant or renewal of such licences and permissions and the manner of payment of such fees;
   • (c) prescribing the time within which applications for the grant or renewal of licences and permissions shall be made;
   • (d) providing for cases in which the grant or renewal of licences and permissions may be refused or in which such licences and permissions may be suspended or cancelled;
   • (e) providing for the procedure to be followed in the grant, renewal, refusal, suspension or cancellation of licences and permissions.

Modification of Tamil Nadu Places of Public Resort Act, 1888.- In the Tamil Nadu Places of Public Resort Act, 1888 (Tamil Nadu Act II of 1888), in its application to any Panchayat Village,-

1. (1) in Section 2, the definition of "place of public resort" shall be deemed to include any building or place, not being a building or place within the meaning of the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), in which any kind of public amusement, entertainment, game, sport or any other exhibition is provided or carried on and to which the public are admitted either on payment of money or with or without payment of money;
2. (2) in Section 3, for the words "the municipal council or local board" the words "the Village Panchayat" shall be substituted;
3. (3) for the word "chairperson" or "president" wherever it occurs, the word "President" shall be substituted;
4. (4) for the word "municipal office" or "office of the local board" wherever it occurs, the word "office of the Village Panchayat" shall be substituted.

Functions of District Panchayat.-

1. (1) The District Panchayat shall be the apex tier of the three-tier Panchayat Raj system and shall perform the following functions, namely:-
   • (a) preparation of the district plan;
   • (b) consolidation of the plans prepared by the Panchayat Union Councils in the district;
   • (c) general review of the working of the Village Panchayats and Panchayat Union Councils;
   • (d) coordination and consolidation of the demands for grants of the Village Panchayats and the Panchayat Union Councils and forwarding them to the Government;
   • (e) overall supervision of the developmental programmes;
   • (f) such other functions as may be entrusted by the Government from time to time.
2. (2) The Government may, by notification, entrust to the District Panchayat such other functions as may be specified.
3. (3) The District Panchayat shall have the power to do all acts necessary for the due performance of any functions conferred upon it.

General Powers of District Panchayat.-

1. (1) The District Panchayat may—
   • (a) advise the Government on all matters relating to the scope, functioning, working and coordination of development activities in the district;
   • (b) review the activities of the Panchayat Union Councils in the district;
   • (c) perform such other duties and exercise such other powers as may be assigned to it by the Government by order.
2. (2) Subject to the provisions of this Act and the rules made thereunder, the District

Annual Report of District Panchayat Annual Report of District Panchayat.—

1. (1) The District Panchayat shall prepare annually a report on its administration for each financial year and submit it to the Government through the Collector.
2. (2) The report shall be prepared in such form and shall contain such details as the Government may specify.
3. (3) The District Panchayat shall consider the report at one of its meetings and forward its comments, if any, to the Government along with the report.

Returns and Reports of District Panchayat.—

1. (1) The District Panchayat shall furnish to the Government or to the Collector such reports, returns and other information as the Government or the Collector may, from time to time, require.
2. (2) The District Panchayat shall also furnish to the Government or to the Collector, whenever called upon, any document in its possession or under its control or a copy of any record or document.