Chapter XIII Chapter XIII

Miscellaneous

Construction of reference to a Panchayat, etc.-

1. (1) Any reference to a Panchayat or a Village Panchayat in any enactment, other than this Act, or in any notification, rule, order or bye-law made or issued thereunder and in force on the date of the commencement of this Act, shall, unless the context otherwise requires, be construed as a reference to the Village Panchayat constituted under this Act.
2. (2) Any reference to a Panchayat Union Council in any enactment, other than this Act, or in any notification, rule, order or bye-law made or issued thereunder and in force on the date of the commencement of this Act, shall, unless the context otherwise requires, be construed as a reference to the Panchayat Union Council constituted under this Act.
3. (3) Any reference to a District Panchayat in any enactment, other than this Act, or in any notification, rule, order or bye-law made or issued thereunder and in force on the date of the commencement of this Act, shall, unless the context otherwise requires, be construed as a reference to the District Panchayat constituted under this Act.

Special provision relating to newly constituted Panchayats. - Notwithstanding anything contained in this Act, or in any other law for the time being in force, where a Panchayat is newly constituted, the person or persons, if any, authorised by the Government or by any officer or authority empowered by them in this behalf, to exercise the powers and discharge the duties of such Panchayat, shall continue to exercise and discharge such powers and duties until the day on which the first meeting of the newly constituted Panchayat is held.

Construction of reference to “Local Boards”, Madras Local Boards Act, 1920, etc. - Any reference to “Local Boards” or “Panchayat” or “Panchayat Union” or any officer or authority thereof, in any enactment, other than this Act, or in any notification, order, rule, by-law, scheme, form or other instrument made or issued under any such enactment, and in force immediately before the commencement of this Act, shall, unless the context otherwise requires, be construed as a reference to the corresponding Panchayat or Panchayat Union or the officer or authority thereof constituted or appointed under this Act.

Repeal and Savings.-

1. (1) The Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act 35 of 1958) (hereinafter in this section referred to as the said Act) is hereby repealed.
2. (2) Notwithstanding the repeal of the said Act, -
   • (a) all local areas constituted as Panchayat Development Blocks or Panchayat Villages for the purpose of the said Act shall be deemed to have been constituted as Panchayat Development Blocks or Panchayat Villages for the purpose of this Act;
   • (b) every Panchayat Union Council and every Village Panchayat constituted or deemed to have been constituted under the said Act and functioning immediately before the date of the commencement of this Act shall be deemed to be a Panchayat Union Council or a Village Panchayat constituted under this Act;
   • (c) the members of the Panchayat Union Council or Village Panchayat holding office as such immediately before the date of the commencement of this Act shall continue to hold their office as such members for the remainder of the period for which they would have held office under the said Act;
   • (d) all property, all rights of whatever kind, used, enjoyed or possessed by and all interests of whatever kind owned by or vested in or held in trust by or for the Panchayat Union Council or Village Panchayat constituted under the said Act, as well as all liabilities legally subsisting against them shall pass to the Panchayat Union Council or Village Panchayat reconstituted under this Act;
   • (e) all suits, prosecutions and other legal proceedings instituted or which might have been instituted by or against the Panchayat Union Council or Village Panchayat constituted under the said Act may be continued or instituted by or against the Panchayat Union Council or Village Panchayat reconstituted under this Act;
   • (f) all appointments, notifications, notices, taxes, fees, rules, bye-laws, regulations or orders made or issued or imposed under the said Act and subsisting on the date of the commencement of this Act shall, so far as they are not inconsistent with the provisions of this Act, be deemed to have been made, issued or imposed under this Act until they are superseded or modified by any appointment, notification, notice, tax, fee, rule, bye-law, regulation or order made, issued or imposed under this Act;
   • (g) all references made in any enactment to the said Act shall, so far as may be, be construed as references to this Act and the corresponding provision thereof.

Power to remove difficulties.-

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Tamil Nadu Government Gazette, make such provisions not inconsistent with the provisions of this Act as appear to them to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of two years from the date of the commencement of this Act.
2. (2) Every order made under sub-section
3. (1) shall, as soon as possible after it is made, be placed before the Legislative Assembly and if, before the expiry of the session in which it is so placed or the next session, the Assembly makes any modification in any such order or the Assembly decides that the order should not be issued, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.

Power, Authority and Responsibilities of Panchayats. -

1. (1) Subject to the provisions of this Act, the Government may, by notification, endow the Village Panchayats, Panchayat Union Councils and District Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government.
2. (2) The State Legislature may, by law, endow the Village Panchayats, Panchayat Union Councils and District Panchayats with -
   • (a) the preparation of plans for economic development and social justice;
   • (b) the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in Schedule IV.
3. (3) For the purposes of this Act, the Government may, by general or special order, assign to the Village Panchayats, Panchayat Union Councils and District Panchayats, the functions and duties as are entrusted to them by an order of the Government.

Election Petitions. -

1. (1) No election to fill any office under this Act shall be called in question except by an election petition presented to the District Judge having jurisdiction in the area in which the panchayat office is situated.
2. (2) An election petition may be presented by any candidate at the election or by any elector in the ward concerned, within thirty days from the date of the declaration of the result of the election.
3. (3) A District Judge may, on the presentation of an election petition, either inquire into the matter himself or transfer it to any Subordinate Judge or to any Additional District Judge or to any Assistant District Judge having jurisdiction in the area for inquiry and disposal.
4. (4) The election petition shall be heard and disposed of in accordance with such procedure as may be prescribed.

Grounds for declaring elections to be void.-

1. (1) Subject to the provisions of sub-section (2), if the District Judge is of opinion-
   • (a) that on the date of his election a returned candidate was not qualified, or was disqualified, to be chosen to fill the seat under this Act; or
   • (b) that any corrupt practice has been committed by a returned candidate or his election agent or by any other person with the consent of a returned candidate or his election agent; or
   • (c) that any nomination has been improperly rejected; or
   • (d) that the result of the election, in so far as it concerns a returned candidate, has been materially affected-
     • (i) by the improper acceptance of any nomination; or
     • (ii) by any corrupt practice committed in the interests of the returned candidate by an agent other than his election agent; or
     • (iii) by the improper reception, refusal or rejection of any vote or the reception of any vote which is void; or
     • (iv) by any non-compliance with the provisions of this Act or of any rules or orders made thereunder, the District Judge shall declare the election of the returned candidate to be void.
2. (2) If in the opinion of the District Judge, any agent of a returned candidate has been guilty of any corrupt practice, but the District Judge is satisfied-
   • (a) that no such corrupt practice was committed at the election by the candidate or his election agent, and every such corrupt practice was committed contrary to the orders, and without the consent, of the candidate or his election agent;
   • (b) that the candidate and his election agent took all reasonable means for preventing the commission of corrupt practices at the election; and
   • (c) that in all other respects the election was free from any corrupt practice on the part of the candidate or any of his agents, then the District Judge may decide that the election of the returned candidate is not void.

Corrupt practices.- The following shall be deemed to be corrupt practices for the purposes of this Act:

1. (1) Bribery as defined in clause
2. (1) of Section 123 of the Representation of the People Act, 1951 (Central Act 43 of 1951);
3. (2) Undue influence as defined in clause
4. (2) of Section 123 of the Representation of the People Act, 1951 (Central Act 43 of 1951);
5. (3) The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to, religious symbols or the use of, or appeal to, national symbols, such as the national flag or the national emblem, for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate;
6. (4) The publication by a candidate or his agent or by any other person with the consent of a candidate or his election agent of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate, or in relation to the candidature, or withdrawal, of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate's election;
7. (5) The hiring or procuring, whether on payment or otherwise, of any vehicle or vessel by a candidate or his agent or by any other person with the consent of a candidate or his election agent for the conveyance of any elector (other than the candidate himself, the members of his family or his agent) to or from any polling station provided under this Act; Provided that the use of a public transport vehicle or vessel or a railway carriage by any elector at his own cost for the purpose of going to or coming from any such polling station shall not be deemed to be a corrupt practice under this clause. Explanation.- In this clause, the expression "vehicle" means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise;
8. (6) The incurring or authorizing of expenditure in contravention of such rule as may be prescribed;
9. (7) The obtaining or procuring or abetting or attempting to obtain or procure by a candidate or his agent or by any other person with the consent of a candidate or his election agent, any assistance (other than the giving of vote) for the furtherance of the prospects of that candidate's election, from any person in the service of the Government, the local authority or any body corporate owned or controlled by the Government.

Transitory provision. — Any reference to a Panchayat or a Panchayat Union Council or a District Panchayat in any Act or in any rule, bye-law, regulation, notification or order made or issued thereunder and in force on the date of the commencement of this Act shall, unless the context otherwise requires, be deemed to be a reference to the Village Panchayat, Panchayat Union Council or the District Panchayat, as the case may be, constituted under this Act and the Government may, by notification, make such provisional orders as may be necessary for the removal of any difficulty in giving effect to the provisions of this Act.

Rules, Notifications and Orders to be placed before the Legislative Assembly. —

1. (1) All rules made and notifications issued 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. (2) Every rule made and 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.

(Power of Government to remove the Special Officer)

1[263. Power of Government to remove the Special Officer.- Notwithstanding anything contained in this Act, the Government may, by notification, remove any Special Officer appointed under this Act, if in their opinion, he willfully omits or refuses to carry out or disobeys the provisions of this Act or any rules, bye-laws, regulations, notifications or lawful orders issued thereunder or abuses his powers or is found guilty of gross misconduct.]

1.

Certain pending cases, etc., to be transferred to the Special Officers (Certain pending cases, etc., to be transferred to the Special Officers)

1[264. Certain pending cases, etc., to be transferred to the Special Officers.- All proceedings, including suits, appeals, petitions or other applications, relating to any Panchayat, pending before any authority or officer immediately before the appointment of a Special Officer under this Act, shall, in so far as they relate to the properties, powers, duties and functions of such Panchayat, stand transferred to such Special Officer and shall be disposed of by him in accordance with the provisions of this Act.]

1.

The Special Officer of the Special Village Panchayat to function as the Executive Authority The Special Officer of the Special Village Panchayat to function as the Executive Authority.–

1. (1) Notwithstanding anything contained in this Act, the Special Officer appointed under sub-section
2. (4) of Section 6 for a Special Village Panchayat shall exercise the powers, perform the duties and discharge the functions of the Executive Authority of the Special Village Panchayat.
3. (2) The Special Officer, while exercising the powers, performing the duties and discharging the functions of the Executive Authority under sub-section (1), shall be subject to the control of the Inspector.

Validation of acts of the Special Officers.– Notwithstanding anything contained in this Act, or in any judgment, decree or order of any court, all acts done or purporting to be done by the Special Officer appointed to the Special Village Panchayats between the 14th day of June 2004 and the date of publication of the Tamil Nadu Panchayats (Amendment) Act, 2006 in the Tamil Nadu Government Gazette, shall, for all purposes, be deemed to be, and to have always been, validly done in accordance with law; and no suit or other proceeding shall be maintained or continued in any court against the Government or any person or authority whatsoever for any action taken or for any act done or purported to be done by the said Special Officer during the said period.

Amendment of certain Acts.—

1. (1) The enactments specified in Schedule I shall be amended in the manner specified in that Schedule.
2. (2) Where any Act amended in Schedule I contains a reference to the Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958) or to any provision thereof, such reference shall, in so far as may be, be construed as a reference to the Tamil Nadu Panchayats Act, 1994 or to the corresponding provision thereof.

Power of Government to remove difficulties.—

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Tamil Nadu Government Gazette, make such provisions not inconsistent with the provisions of this Act as appear to them to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of two years from the date of the commencement of this Act.
2. (2) Every order made under sub-section
3. (1) shall be laid as soon as may be after it is made, before the Legislative Assembly.