Chapter V Chapter V

Powers and Duties of the executive authority

Executive Authority of Village Panchayat.-

1. (1) The Government shall, by notification, appoint 1[any person] to be the Executive Authority of the Village Panchayat.
2. (2) Subject to the control of the President, the Executive Authority shall—
   • (a) carry into effect the resolutions of the Village Panchayat;
   • (b) carry on the correspondence of the Village Panchayat;
   • (c) maintain the relevant records of the Village Panchayat;
   • (d) exercise all the powers and perform all the duties specifically conferred or imposed on the Executive Authority by this Act or by the rules made thereunder;
   • (e) supervise and control the acts of all officers and servants of the Village Panchayat in accordance with such rules as may be prescribed for the performance of their official duties. 1 Substituted for the words “an officer of the Government” by Tamil Nadu Act 21 of 1996.

Functions of Executive Authority.—(1) The Executive Authority shall—

1. (a) be responsible for the custody of all the records of the Village Panchayat including all papers and documents connected with the proceedings of the Village Panchayat and of any committee of the Village Panchayat;
2. (b) be responsible for the safe custody of the Village Panchayat fund;
3. (c) have custody of the common seal of the Village Panchayat;
4. (d) perform such other duties as may be prescribed.

1. (2) The Executive Authority shall, with the approval of the Village Panchayat, make the necessary arrangements for the implementation of the schemes of the Village Panchayat.
2. (3) The Executive Authority shall have the right to attend the meetings of the

Commissioner Commissioner.—

1. (1) A Commissioner shall be appointed by the Government for each Panchayat Union.
2. (2) The Commissioner shall be the Executive Authority of the Panchayat Union Council.
3. (3) The Government may, if they consider it necessary, appoint more than one Commissioner for a Panchayat Union Council, and may assign to them such powers, functions and duties as may be prescribed.
4. (4) The Commissioner shall—
   • (a) carry into effect the resolutions of the Panchayat Union Council;
   • (b) control all the officers and servants of the Panchayat Union Council;
   • (c) discharge all the duties specifically imposed and exercise all the powers conferred on the Commissioner by this Act and the rules made thereunder;
   • (d) have the right to attend the meetings of the Panchayat Union Council and take part in the discussions thereat, but shall not have the right to vote or to move any resolution; and
   • (e) perform all such acts of administration and exercise all such powers and perform all such functions as are vested in the Panchayat Union Council under this Act as may be delegated to the Commissioner by the Panchayat Union Council or as may be prescribed.
5. (5) The Commissioner shall exercise his powers and perform his functions under the general control of the Panchayat Union Council.

Emergency powers of Executive Authority and Commissioner.—

1. (1) The Executive Authority of the Village Panchayat or the Commissioner may, in cases of emergency, direct the execution of any work or the doing of any act, which requires the sanction of the Village Panchayat or the Panchayat Union Council, respectively, and the immediate execution or doing of which is, in his opinion, necessary for the service or safety of the public and may direct that the expenses of executing such work or doing such act shall be paid from the Village Panchayat Fund or the Panchayat Union Fund, as the case may be: Provided that—
   • (a) the Executive Authority or the Commissioner shall not act under this section in contravention of any order of the Village Panchayat or Panchayat Union Council prohibiting the execution of any particular work or the doing of any particular act; and
   • (b) the Executive Authority or the Commissioner shall report the action taken under this section and the reasons therefor to the Village Panchayat or the Panchayat Union Council at its next meeting.
2. (2) Against any order of the Executive Authority or the Commissioner under sub-section (1), the Village Panchayat or the Panchayat Union Council may prefer an appeal to the Inspector or the Government, as the case may be, whose decision thereon shall be final.

Secretary. –

1. (1) Subject to such rules as may be prescribed, the District Panchayat shall appoint a Secretary.
2. (2) The Secretary shall be the Chief Executive Officer of the District Panchayat and all other officers and servants of the District Panchayat shall be subordinate to him.
3. (3) The Secretary shall carry out the resolutions of the District Panchayat and shall execute the policies and programmes of the Government.

Functions, powers and duties of Secretary. —

1. (1) The Secretary shall—
   • (a) exercise all the powers and perform all the duties specifically conferred or imposed upon him by this Act or by rules made thereunder;
   • (b) control the officers and servants of the District Panchayat;
   • (c) furnish to the District Panchayat such periodical reports with regard to the execution of the works for which the District Panchayat is responsible, as the District Panchayat may direct;
   • (d) have power to enter and inspect any work or development scheme under the District Panchayat;
   • (e) have power to call for any record from any officer or servant of the District Panchayat;
   • (f) manage the properties of the District Panchayat;
   • (g) be responsible for the maintenance of accounts and the preparation of the budget of the District Panchayat;
   • (h) exercise such other powers and perform such other duties as may be prescribed or as the District Panchayat may, by resolution, direct.
2. (2) The Secretary shall attend the meetings of the District Panchayat and take part in the discussions but shall not have the right to move any resolution or to vote.