Chapter XI Chapter XI

General and Miscellaneous Licences and Permissions

General provisions regarding licences and permissions. —

1. (1) Every licence and permission granted under this Act or any rule, bye-law or regulation made under it shall specify the period, if any, for which, and the restrictions, limitations and conditions subject to which, the same is granted, and shall be signed by the Executive Authority or the Commissioner, as the case may be, or by some person duly authorized by him in this behalf. (2)
   • (a) Every licence or permission granted under this Act or any rule, bye-law or regulation made under it may be suspended or revoked by the Executive Authority or the Commissioner, as the case may be, if—
     • (i) the licence or permission has been obtained by fraud or misrepresentation;
     • (ii) the licensee or the person holding the permission has broken or failed to comply with any of the restrictions, limitations or conditions subject to which the licence or permission was granted;
     • (iii) the licensee or the person holding the permission has contravened any of the provisions of this Act or of any rule, bye-law or regulation made under it;
     • (iv) the licensee or the person holding the permission has been convicted of an offence against the provisions of this Act or of any rule, bye-law or regulation made under it;
     • (v) the licensee or the person holding the permission has failed to comply with a requisition made by the Executive Authority or the Commissioner, as the case may be, by a notice under this Act, requiring him to vacate or alter any building or to take such action as may be specified in the notice.
   • (b) No order shall be passed under clause
   • (a) unless the licensee or the person holding the permission has been given a reasonable opportunity of showing cause against the proposed suspension or revocation.
   • (c) The revocation of a licence or permission shall not entitle the licensee or the person holding the permission to a refund of any fee paid by him in respect thereof.
2. (3) Every application for the renewal of a licence or permission granted under this Act shall be made not less than thirty days before the date of the expiry of the period for which the licence or permission was granted.
3. (4) Every order of the Executive Authority or the Commissioner granting or refusing to grant a licence or permission shall be published on the notice board of the Panchayat.
4. (5) Every order of the Executive Authority or the Commissioner suspending or revoking a licence or permission shall be in writing and shall be served on the licensee or the person holding the permission.
5. (6) Subject to the provisions of this Act, any person aggrieved by an order of the Executive Authority or the Commissioner granting, refusing to grant, suspending or revoking a licence or permission may appeal to the Village Panchayat or Panchayat Union Council, as the case may be, and the decision of the Village Panchayat or the Panchayat Union Council shall be final.

Government and Market Committees not to obtain licence and permission. - Nothing in this Act or in any rule, bye-law or regulation made thereunder shall be construed as requiring the Government, or any Market Committee established under the Tamil Nadu Agricultural Produce Marketing (Regulation) Act, 1987 (Tamil Nadu Act 27 of 1989), to obtain any licence or permission under this Act for erecting any building or for any other purpose for which a licence or permission is required by this Act.

Time for complying with notice, order, etc. and power to enforce in default. -

1. (1) Whenever by any notice, requisition or order made under this Act or under any rule, bye-law or regulation made thereunder, any person is required to execute any work or to take any measures or to do anything, a reasonable time shall be named in such notice, requisition or order, within which the work shall be executed, the measures taken or the thing done.
2. (2) If such requisition or order is not complied with within the time so named, -
   • (a) the Executive Authority or the Commissioner or the Secretary, as the case may be, may cause such work or other thing to be executed; and
   • (b) may recover such expenses as are reasonably incurred by the Executive Authority or the Commissioner or the Secretary, as the case may be, in doing so, from the person concerned as if it were an arrear of land revenue due on the land or building concerned: Provided that it shall be in the discretion of the Executive Authority or the Commissioner or the Secretary, as the case may be, to withhold recovery of such expenses where the person concerned may not be in a position to pay them.

Power of entry and inspection. –

1. (1) Subject to such restrictions and conditions as may be prescribed, the Executive Authority or the Commissioner or the Secretary may authorize any person–
   • (a) to enter on and inspect, or cause to be entered on and inspected, any immovable property within the limits of the Panchayat area or any work in progress therein;
   • (b) to enter on and survey any immovable property within the limits of the Panchayat area for the purpose of exercising any powers or performing any duties under this Act;
   • (c) to enter on any premises or lands for the purpose of inspecting or repairing water-supply installations, drainage works, public latrines or other works of the Panchayat.
2. (2) In the exercise of the powers under sub-section (1), the person so authorized shall not enter any building or enclosed court-yard or garden attached to a dwelling-house, unless he has given the occupier of the building, at least twenty-four hours' notice of his intention to do so; and in making such entry, he shall have due regard to the social and religious usages of the occupants.

Testing of weights and measures. – The Executive Authority or the Commissioner or the Secretary or any other officer authorised by the Government in this behalf may at all reasonable times enter into any market, shop, building, stall or place used for the sale of goods and test any weights and measures used therein and may seize any weight or measure which is found not to be in conformity with the standards established by or under the Standards of Weights and Measures Act, 1976 (Central Act 43 of 1976).

Power to call for information from Village Administrative Officer. –

1. (1) Subject to such restrictions as may be prescribed, the Executive Authority of a Village Panchayat may, by an order in writing, require the Village Administrative Officer to furnish information on any matter relating to the Village Panchayat as may be specified in the order.
2. (2) On receipt of such order, the Village Administrative Officer shall furnish such information within such time as may be specified in the order.

Limitation for recovery of dues. –

1. (1) No distraint shall be made, no suit shall be instituted and no prosecution shall be commenced in respect of any sum due to a Panchayat under this Act after the expiration of a period of three years from the date on which distraint might first have been made, a suit might first have been instituted, or prosecution might first have been commenced, as the case may be, in respect of such sum.
2. (2) [***]

Persons empowered to prosecute.- Save as otherwise provided in this Act, no person shall be tried for any offence made punishable by this Act or by any rule made under it, unless complaint is made by the Executive Authority, or the Commissioner of the Panchayat Union, or the 1[Secretary] of the District Panchayat, or by any person expressly authorised in this behalf by the Village Panchayat, Panchayat Union Council or District Panchayat respectively, within three months of the commission of such offence. Provided that nothing contained in this section shall affect the provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) in regard to the power of the Police Officer to take cognizance of offences.

1.

Composition of offences Composition of offences.-

1. (1) The Executive Authority, the Commissioner or the 1[Secretary] of the District Panchayat, as the case may be, may, subject to such restrictions and control as may be prescribed, compound any offence against this Act or any rule or bye-law made under it, which may be prescribed as compoundable.
2. (2) On composition of the offence, the accused, if in custody, shall be discharged, and no further proceedings shall be taken against him in respect of the offence so compounded. 1.

Prosecutions and compositions to be reported to Village Panchayat, Panchayat Union Council or District Panchayat Prosecutions and compositions to be reported to Village Panchayat, Panchayat Union Council or District Panchayat. — Every prosecution instituted or offence composed by the Executive Authority or the Commissioner or the Secretary, as the case may be, shall be reported by him to the Village Panchayat, Panchayat Union Council or the District Panchayat, as the case may be, at its next meeting.

Sanction of prosecution. —

1. (1) No person shall be tried for any offence made punishable by this Act, or by any rule, or bye-law made under it, except on the complaint of, or upon information received from, the Executive Authority, or the Commissioner, or the Secretary, or of an officer authorized by any of them in this behalf.
2. (2) No person shall be tried for any offence made punishable by this Act, or by any rule, or bye-law made under it, unless the complaint is made within six months of the commission of the offence.
3. (3) The police shall not take cognizance of any offence punishable under this Act, or by any rule, or bye-law made under it, unless the complaint is made by the Executive Authority, or the Commissioner, or the Secretary, or of an officer authorized by any of them in this behalf, or with the previous sanction of the Collector.

Notice of action against Village Panchayat, etc. —

1. (1) No suit or other legal proceeding shall be brought against any Village Panchayat or its President or Executive Authority or any member, officer or servant thereof or against any person acting under the direction of such Village Panchayat, President, Executive Authority, member, officer or servant, for anything done, or purporting to be done, under this Act or any rule, bye-law, regulation or order made thereunder, until the expiration of two months next after notice in writing, stating the cause of action, the nature of the relief sought, the amount of compensation claimed and the name and place of abode of the intended plaintiff, has been left at the office of the Village Panchayat and also (if the proceeding is intended to be brought against any such person) delivered to him or left at his place of abode.
2. (2) Every such proceeding shall, unless it is a proceeding for the recovery of immovable property or for a declaration of title thereto, be commenced within six months after the date on which the cause of action arose or is accrued.
3. (3) If the Village Panchayat, President, Executive Authority, member, officer or servant shall, before action is commenced, have tendered sufficient amends to the plaintiff, the plaintiff shall not recover any sum in excess of the amount so tendered, and shall also pay all costs incurred by the defendant after such tender.

Protection of Chairman, President and officers acting in good faith. —

1. (1) No suit or other legal proceeding shall lie against the Chairman, President, Executive Authority, Commissioner, Secretary, officer or servant of a Panchayat for any act done or purporting to be done under this Act or any rule, bye-law, regulation or order made thereunder in good faith, notwithstanding any error or defect in the procedure or any defect or irregularity in the constitution of the Panchayat.
2. (2) No suit or other legal proceeding shall lie against the Government, the Inspector, or any officer of the Government for any act done or purporting to be done under this Act in good faith.

Injunction not to be granted in election proceedings.—Notwithstanding anything contained in the Code of Civil Procedure, 1908 (Central Act V of 1908) or in any other law for the time being in force, no Court shall grant any permanent or temporary injunction or make any interim order restraining any proceeding which is being or about to be taken under this Act for the preparation or publication of any electoral roll or for the conduct of any election.

Liability of the President, Executive Authority and Members, etc. for loss, waste or misapplication of property.—(1) The President, Executive Authority and every Member of a Village Panchayat and the Chairman, Commissioner and every Member of a Panchayat Union Council or District Panchayat shall be personally liable for the loss, waste or misapplication of any money or other property owned by or vested in the Village Panchayat, Panchayat Union Council or District Panchayat, as the case may be, if such loss, waste or misapplication is a direct consequence of his wilful act or omission or gross negligence in the performance of his duties and functions.

1. (2) The Inspector may, after giving the person concerned a reasonable opportunity of showing cause against the proposal, pass an order for the recovery of the value of such property or for the amount of such loss or waste or misapplication of money from such person.
2. (3) If the amount is not paid within the time specified by the Inspector, it shall be recovered as if it were an arrear of land revenue.
3. (4) Every person against whom an order is made under sub-section
4. (2) may, within thirty days of the date of service of such order, appeal to the Government, and the Government may stay the execution of the order pending such appeal and may confirm, modify or set aside such order.

Assessment etc. not to be impeached.-

1. (1) No assessment or demand made, and no charge imposed, under the authority of this Act shall be impeached or affected by reason of any clerical error or by reason of any mistake
   • (a) in respect of the name, residence, place of business or occupation of any person, or
   • (b) in the description of any property or thing, or (c) in respect of the amount assessed, demanded or charged: Provided that the amount assessed, demanded or charged is not in excess of the amount or rate provided for in this Act.
2. (2) The duties of the Village Panchayat, Panchayat Union Council or District Panchayat and their President, Chairman and Executive Authority, Commissioner and Secretary respectively, shall be deemed to comprise the performance of such duties and the preparation of such assessment books, returns and other documents as may be prescribed.
3. (3) No omission to make and duly affix any proclamation referred to in this Act shall invalidate any of the proceedings for the recovery of any tax or fee or other sum or any levy or assessment under this Act.

Public roads, Markets, Wells, Tanks, etc. to be open to all.-

1. (1) All public roads, markets, wells, tanks, reservoirs and waterways vested in or maintained by a Village Panchayat shall be open to the use and enjoyment of all persons irrespective of their caste or creed.
2. (2) Notwithstanding anything contained in this Act or any other law, the Government may, by notification, for reasons to be recorded, direct that any specified public road, market, well, tank, reservoir or waterway shall not be open to the use of any specified class or group of persons, or shall be regulated in such manner as may be specified.

Powers to farm out fees. - Subject to such restrictions and conditions as the Government may think fit, the Village Panchayat, the Panchayat Union Council or the District Panchayat may farm out the collection of any fees due to it under this Act or any rule, bye-law or regulation made thereunder for any period not exceeding three years at a time.

Adjudication of disputes between local authorities. -

1. (1) When a dispute exists between a Village Panchayat or a Panchayat Union Council or a District Panchayat and one or more other local authorities in regard to any matter arising under the provisions of this or any other Act and the Government are themselves the only other party, or are not a party to the dispute, the dispute shall be referred to the Government, who may pass such order as they think fit.
2. (2) Any order passed by the Government under sub-section
3. (1) shall be final and shall not be liable to be questioned in any Court of law.

Tamil Nadu State Election Commission.—(1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Village Panchayats, Panchayat Union Councils and District Panchayats shall vest in the Tamil Nadu State Election Commission consisting of a Tamil Nadu State Election Commissioner to be appointed by the Governor.

1. (2) The conditions of service and tenure of office of the Tamil Nadu State Election Commissioner shall be such as the Governor may by rule determine: Provided that the Tamil Nadu State Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of a High Court and the conditions of service of the Tamil Nadu State Election Commissioner shall not be varied to his disadvantage after his appointment.
2. (3) The Governor shall, when so requested by the Tamil Nadu State Election Commission, make available to the Tamil Nadu State Election Commission such staff as may be necessary for the discharge of the functions conferred on the Tamil Nadu State Election Commission by sub-section (1).

Preparation of Development Plan.—(1) Every District Panchayat shall prepare every year a development plan for the district and submit it to the District Planning Committee constituted under Section 241.

1. (2) Every Village Panchayat and Panchayat Union Council shall prepare every year a development plan for its respective area and submit it to the District Panchayat concerned.
2. (3) The development plan shall include plan for the development of human resources, infrastructure and such other development activities as may be prescribed.

District Planning Committee.—(1) The Government shall constitute in every district a District Planning Committee to consolidate the plans prepared by the panchayats and the Municipalities in the district and to prepare a draft development plan for the district as a whole.

1. (2) The District Planning Committee shall consist of—
   • (a) the Chairman of the District Panchayat;
   • (b) the Collector;
   • (c) such number of persons, not less than four-fifths of the total number of the members, elected by, and from amongst, the elected members of the District Panchayat and the Municipalities in the district, in proportion to the ratio between the population of the rural areas and of the urban areas in the district;
   • (d) the District Planning Officer, who shall be the ex-officio Secretary of the Committee.
2. (3) The Chairman of the District Planning Committee shall be elected by the members of the Committee from amongst themselves.
3. (4) The District Planning Committee shall—
   • (a) have regard to—
     • (i) the matters of common interest between the panchayats and the Municipalities including spatial planning, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation;
     • (ii) the extent and type of available resources whether financial or otherwise;
   • (b) consult such institutions and organisations as the Government may specify.
4. (5) The draft development plan prepared by the District Planning Committee shall be forwarded to the Government for approval.

Power of Government to make Rules.—(1) The Government shall, in addition to the rule-making powers conferred on them by any other provisions contained in this Act, have power to make rules generally to carry out the purposes of this Act.

1. (2) All rules made under this Act shall be published in the Tamil Nadu Government Gazette and, unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.
2. (3) Every rule made or notification issued under this Act shall, as soon as possible, after it is made or issued, be placed on the table of the Legislative Assembly and if, before the expiry of the session in which it is so placed or the next session, the Legislative Assembly makes any modification in any such rule or notification or the Legislative Assembly decides that the rule or notification should not be made or issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.