The Tamil Nadu Panchayats Act, 1994

Preliminary

Short title, extent and commencement –

1. (1) This Act may be called the Tamil Nadu Panchayats Act,1994. (2) It extends to the whole of the State of Tamil Nadu except, (i) the City of (Chennai); (ii) the City of Madurai constituted under the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971); (iii) the City of Coimbatore constituted under the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981); (iv) the Municipalities, Town Panchayats and Industrial Townships constituted under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920); and (v) the Cantonments constituted under the Cantonments Act, 1924 (Central Act II of 1924) (3) It shall come into force on such date as the Government may, by notification, appoint.

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

1[(1) “Backward Classes of Citizens” shall have the same meaning as defined in clause

1. (a) of Section 3 of the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of appointments of posts in the Services under the State) Act, 1993 (Tamil Nadu Act 45 of 1994); (1-A) “building” includes a house, out-house, tent, stable, latrine, shed, hut, wall (other than a boundary wall not exceeding 2.5 metres in height) and any other such structure, whether of masonry, bricks, wood, mud, metal or any other materials whatsoever;] (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) “Chairman” means the Chairman of a Panchayat Union Council or a District Panchayat, as the case may be; (4) 2[***] (5) “Collector” means the collector of a revenue district; (6) “Commissioner” means the Commissioner of a Panchayat Union; (7) “Company” means a Company as defined in the Companies Act, 1956 (Central Act 1 of 1956) and includes foreign company within the meaning of Section 591 of that Act; (8) “district” means a revenue district; (9) “District Panchayat” means the District Panchayat constituted under sub- section

1. (1) of Section 24; (10) “drain” means a rain or storm water drain and water tables, chutes and the side drain exclusively meant to drain away the rain water falling on the surface of any street, bridge or causeway, but does not include a drain or sewer within the meaning of the 1[Chennai] Metropolitan Water Supply and Sewerage Act, 1978 (Tamil Nadu Act 28 of 1978); (11) 3[“Executive Authority” means a person notified as such by the Government under Section 83]; (12) “Government” means the State Government of Tamil Nadu; (13) “Grama Sabha” means a body consisting of persons registered in the electoral rolls relating to a Panchayat Village comprised within the area of Village Panchayat concerned; (14) “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; (15) “hut” means any building which is constructed principally of wood, mud, leaves, grass or thatch and includes any temporary structure of whatever size or any small building of whatever material made, which the Panchayat may declare to be a hut for the purposes of this Act; (16)

“Inspector” means any officer not below the rank of a Collector appointed by

the Government to exercise or perform any of the powers or duties of the Inspector under this Act;

(17) “latrine” includes privy, water-closet and urinal;

(18) “member” means a member of the Village Panchayat, the Panchayat Union Council or the District Panchayat, as the case may be;

(19)

“ordinary vacancy” means a vacancy occurring by efflux of time and

“ordinary election” means an election held to fill an ordinary vacancy;

(20) “Owner” includes-

(a) the person for the time being receiving or entitled to receive whether on his own account or on behalf of another persons 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;

(21) “Panchayat” means a Village Panchayat, a Panchayat Union Council or a District Panchayat constituted under this Act;

(22) “Panchayat Development Block” means the area declared by the Government from time to time to be a Panchayat Development Block for the purpose of this Act;

(23) “Panchayat Union” means any local area which is declared to be a Panchayat Union under this Act;

(24) “Panchayat Union Council” means the body constituted for the administration of a Panchayat Union under this Act;

(25)

“Panchayat Village” means any local area over which a Village Panchayat has

jurisdiction;

(26) “President” means the President of a Village Panchayat;

(27) “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 path-way made by the owner of premises on his own land to secure, access to, or the convenient use of, such premises;

(28) “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 thoroughfare or not, an includes-

(a) the roadway over any public bridge or causeway;

(b) the footway attached to any such road, public bridge or causeway; and

(c) the drains attached to any such road, public bridge or causeway, and the land whether covered or not by any pavement, veranda, or other structure, which lies on either side of the roadway upto the boundaries of the adjacent property, whether that property is private property or property belonging to the State or Central Government;

(29) 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 persons 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 of returning;

(30) “revenue district” means any local area which for the purpose of revenue administration is under the charge of a Collector, after excluding therefrom all areas included in –

(a) the City of (Chennai);

(b) the City of Madurai constituted under the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971);

(c) the City of Coimbatore constituted under the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981);

(d) the Municipalities, Town Panchayats and Industrial Townships constituted under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920); and

(e) the Cantonments constituted under the Cantonments Act, 1924 (Central Act II of 1924);

(31)

“Scheduled Castes” shall have the same meaning as in the Constitution;

(32)

“Scheduled Tribes” shall have the same meaning as in the Constitution;

4[(32-a) “Secretary” means the Secretary of a District Panchayat;]

5[***]

(33)

6[“Tamil Nadu State Election Commission”] means the

6[“Tamil Nadu State Election Commission”] referred to in Section 239 ;

(34)

7[“Tamil Nadu State Election Commissioner”] means the

7[“Tamil Nadu State Election Commissioner”] referred to in Section 239 ;

(35) “unreserved forest” means a forest not notified under Section 4 of the Tamil Nadu Forest Act, 1882 (Tamil Nadu Act V of 1882) and includes unreserved land at the disposal of the Government;

(36) “village” means any local area which is declared to be a Panchayat Village under sub-section

1. (1) of Section 4, and ‘revenue village’ means any local area which is recognized as a village in the revenue accounts of Government after excluding therefrom the areas, if any, included in- (a) the City of (Chennai); (b) the City of Madurai constituted under the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971); (c) the City of Coimbatore constituted under the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981); (d) the Municipalities, Town Panchayats and Industrial Townships constituted under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920); and (e) the Cantonments constituted under the Cantonments Act, 1924 (Central Act II of 1924); (37) “Village Panchayat” means a Panchayat constituted as a Village Panchayat under sub-section
2. (1) of Section 6 ; 9[***] (38) “water-course” includes any river, stream or channel, whether natural or artificial; (39) “year” means the financial year.

Grama Sabha

Grama Sabha. –

1. (1) There shall be a Grama Sabha for every Village Panchayat consisting of persons registered in the electoral roll relating to the Panchayat Village, comprised within the area of the said Village Panchayat.
2. (2) Subject to the general orders of the Government, the Grama Sabha shall meet atleast twice in a year but six months shall not intervene between any two meetings. (2-A) Every meeting of the Grama Sabha shall be convened by the President of the Village Panchayat. If the President fails to convene the meeting of the Grama Sabha, the Inspector shall convene the meeting. (3)
   • (a) The Grama Sabha shall, -
     • (i) approve the village plan ;
     • (ii) approve the village budget for the year ; (ii-a) approve the audit report on the Village Panchayat accounts of the previous year; and
     • (iii) review the progress of the implementation of all schemes entrusted to the Village Panchayat.
   • (b) The Government may, by notification, entrust to the Grama Sabha such other functions as may be specified.
3. (4) The Village Panchayat shall give due consideration to the recommendations and suggestions of the Grama Sabha.
4. (5) The quorum for a meeting and the procedure for convening and conducting such meetings of the Grama Sabha shall be such as may be prescribed.
5. (6) Every meeting of the Grama Sabha shall be presided over by the President and in his absence, by the Vice President and in the absence of both the President and Vice President, by a member chosen by the members present at the meeting.

Formation and constitution of village panchayats, panchayat union councils and district panchayats

Formation of Panchayat Villages. –

1. (1) The Inspector,-
   • (a) shall, by notification, classify and declare every local area comprising a revenue village or villages or any portion of a revenue village or contiguous portions of two or more revenue villages as a Panchayat Village for the purposes of this Act; and
   • (b) shall, by notification, specify the name of such Panchayat Village. (2)
   • (a) The Inspector may, by Notification, exclude from a Panchayat Village any area comprised therein,.
   • (b) In regard to any area excluded under clause (a), the Inspector may by notification under sub-section(1), declare it to be a Panchayat Village or include it in any contiguous Panchayat Village under clause (c)(i).
   • (c) The Inspector may, by notification, -
     • (i) include in a Panchayat Village any local area contiguous thereto; or
     • (ii) cancel or modify a notification issued under sub-section(1); or
     • (iii) alter the name of any Panchayat Village specified under sub-section(1).
   • (d) Before issuing a notification under clause
   • (a) or under clause
   • (b) read with sub-section
2. (1) or under clause (c), the Inspector shall give the Village Panchayat or Village Panchayats which will be affected by the issue of such notification, a reasonable opportunity of showing cause against the proposal and shall consider the explanations and objections, if any, of such Village Panchayat or Village Panchayats.
3. (3) Any rate-payer or inhabitant of such area or any Village Panchayat concerned, may, if he or it objects to any notification under sub-section
4. (1) or sub-section(2), appeal to the Government within such period as may be prescribed.
5. (4) The Inspector 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 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.
6. (5) An order made under sub-section
7. (4) may contain such supplemental, incidental and consequential provisions as the Inspector 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 cease to exercise jurisdiction over the local area, shall be disposed of by such authorities as may be specified in the order.

Extension of provisions of Tamil Nadu District Municipalities Act, 1920 or of any Rules made there under. –

1. (1) The Inspector, may, whether at the request of the Village Panchayat or otherwise, by notification, declare that any of the provisions of the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) or of any Rules made thereunder, shall be extended to, and be in force, in, the Panchayat Village or any specified area therein.
2. (2) The provisions so notified shall be construed with such alterations (not affecting the substance) as may be necessary or proper for the purpose of adapting them to the Panchayat Village or specified area therein.
3. (3) Without prejudice to the generality of the foregoing provision, all references in the provisions so notified to a Municipal Council or the Chairman or the Executive Authority thereof shall be construed as references to the Village Panchayat or the President or the Executive Authority of the Village Panchayat and all references to any officer or servant of a Municipal Council as references to the corresponding officer or servant of the Village Panchayat, and all references to the municipal limits as references to the limits of the Panchayat Village or specified area therein, as the case may be.

Constitution of Village Panchayats and their incorporation. –

1. (1) A Village Panchayat shall be constituted for each Panchayat Village consisting of such number of elected members, with effect from such date as may be specified in the notification issued in that behalf by the Inspector.
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 to any Panchayat Union Council or the District Panchayat or other authority.
3. (3) Every Village Panchayat shall be a body corporate by the name of the Panchayat Village specified in the notification issued under Section 4, shall have perpetual succession and a common seal, and subject to any restriction or qualification imposed by or under this Act or any other law, shall be vested with the capacity of suing or being sued in its corporate name, of acquiring, holding and transferring property, movable or immovable, of entering into contracts, and of doing all things necessary, proper or expedient for the purposes for which it is constituted. (4)
4. (5) The Government, may by notification, classify the Village Panchayats into various grades for the purpose of effective administration of the said Village Panchayats as in accordance with such norms as may be prescribed.

Alteration of classification of Panchayat Villages. –

1. (1) The Government may alter any classification notified under sub-section
2. (1) of Section 4, [***].
3. (2) Any decision made by the Government under this section shall not be questioned in a Court of law.

Strength of a Village Panchayat. –

1. (1) Notwithstanding anything contained in Section 12 or any other provisions of this Act, the total number of members of a Village Panchayat (exclusive of its President) shall be notified by the Inspector in accordance with such scale as may be prescribed with reference to population of the Panchayat Village concerned, as ascertained at the last preceding census of which the relevant figures have been published.
2. (2) The Inspector may, from time to time, by notification, alter the total number of members of a Village Panchayat notified under sub-section (1).
3. (3) The number notified under sub-section
4. (1) or the number as altered by notification under sub-section
5. (2) shall not be less than five or more than [fifteen].

Duration of Village Panchayats. –

1. (1) Every Village Panchayat unless sooner dissolved, shall continue for five years from the date appointed for its first meeting after each ordinary election and no longer.
2. (2) Where a Village Panchayat is dissolved before the expiration of the said period of five years, election to constitute such Village Panchayat shall be completed in accordance with the provisions of Section 214 as soon as may be, and in any case before the expiration of a period of six months from the date of such dissolution; Provided that where a Village Panchayat is dissolved within six months before the expiration of the said period of five years, it shall not be necessary to hold any election to such

Election of members of Village Panchayat Election of members of Village Panchayat.-

1. (1) The members of the Village Panchayat shall be elected in such manner as may be prescribed: Provided that no personal shall be eligible to be elected as a member of more than one ward in the same Village Panchayat or as a member of more than one Village Panchayat; Provided further that a person who stands for elections as a member of a Village Panchayat shall not be eligible to stand for election as President of a Village Panchayat, a member of a Panchayat Union Council or a member of a District Panchayat; Provided also that no member of a Village Panchayat shall be eligible to stand for election as President of a Village Panchayat, a member of a Panchayat Union Council or a District

Reservation of seats Reservation of seats.-

1. (1) Seats shall be reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes in every Village 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 filled by direct election in that Village Panchayat as the population of the Scheduled Castes in that Village Panchayat area or of the Scheduled Tribes in that Village Panchayat area bears to the total population of that area. Provided that for the first election for the Village Panchayat to be held immediately after the commencement of this Act, the provisional population figures of the Panchayat Village as published in relation to 1991 census shall be deemed to be the population of the Panchayat Village.
2. (2) Seats shall be reserved for women belonging to the Scheduled Castes and the Scheduled Tribes from among the seats reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes which shall not be less than one-third of the total number of seats reserved for the persons belonging to Scheduled Castes and Scheduled Tribes.
3. (3) Seats shall be reserved for women in the Village Panchayat and the number of seats reserved for women shall be, as nearly as may be, one-third including the number of seats reserved for women belonging to the Scheduled Castes and Scheduled Tribes of the total number of seats in the Village Panchayat: Provided that such seats reserved for women shall be allotted by rotation to different wards in such a manner as the Inspector may, by notification, direct.
4. (4) The reservation of seats under sub-section
5. (1) and
6. (2) shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution.

Division of Panchayat Village into wards.-

1. (1) For the purpose of election of members to a Village Panchayat, the Inspector may, after consulting the Village Panchayat, by notification, divide the Panchayat Village into wards and determine the number of members to be returned by each ward in accordance with such scale as may be prescribed.

Term of office of Members.-

1. (1) The term of office of the members of every Village Panchayat who are elected at ordinary elections, shall, save as otherwise expressly provided, be five years from the date appointed for the first meeting of such Village Panchayat after ordinary election.
2. (2) Ordinary vacancies in the office of an elected member of the Village Panchayat shall be filled at ordinary elections which shall be fixed by the [Tamil Nadu State Election Commissioner] to take place on such day or days within six months before the occurrence of the ordinary vacancies, as he thinks fit.
3. (3) The member of a Village Panchayat elected in a casual vacancy shall enter upon office forthwith, but shall hold office only so long as the member in whose place he is elected would have been entitled to hold office if the vacancy had not occurred.

Electoral roll for Village Panchayats.-

1. (1) Subject to the provision of sub-section (2), the electoral roll of the Panchayat Union Council for the time being in force in a Panchayat Village shall be deemed to be the electoral roll for such Village Panchayat.
2. (2) No amendment, transposition or deletion of any entry in the electoral roll of the Panchayat Union Council made after the last date of making nominations for an election in any Village Panchayat ward and before the notification of the result of such election, shall form part of the electoral roll for such election for the purpose of this Section.
3. (3) The Executive Authority of the Village Panchayat shall maintain in the prescribed manner, an electoral roll for each ward of the Panchayat Village.

Formation of Panchayat Union Council –

1. (1) The Government may, from time to time, publish a notification of their intention,-
   • (a) to declare any local area forming a development block for the purpose of the National Extension Service Scheme or Community Development, to be a Panchayat Development Block; and
   • (b) to constitute for every such Panchayat Development Block a Panchayat Union.
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 Panchayat Development Block;
   • (b) declare the said Panchayat Development Block to be a Panchayat Union; and
   • (c) specify the name of the Panchayat Union.
4. (4) The Government may, by notification,
   • (i) exclude from a Panchayat Development Block any area or village comprised therein, or
   • (ii) include in a Panchayat Development Block any area contiguous to it, or
   • (iii) cancel or modify a notification issued under sub-section (3), or
   • (iv) alter the name of a Panchayat Union.
5. (5) Before issuing a notification under sub-section (4), the Government shall consult the District Panchayat concerned and give the Panchayat Union Council or Panchayat Union 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 explanations and objections, if any.
6. (6) The Government may pass such orders as they may deem fit –
   • (a) for the disposal of any part of the assets of, or institutions belonging to, the Panchayat Union Council which has ceased to exist and for the discharge of the liabilities, if any of such Panchayat Union Council relating to such assets or institutions, or
   • (b) for the disposal of the assets of, or institutions belonging to, a Panchayat Union Council which has ceased to exercise jurisdiction over any Panchayat Development Block and for the discharge of the liabilities, if any, of the Panchayat Union Council relating to such assets or institutions.
7. (7) An order made under sub-section
8. (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 Panchayat Union Council or where a Panchayat Union Council has ceased to exercise jurisdiction over any Panchayat Development Block, such tax, fee or other sum due to the Panchayat Union Council as relates to that block 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 Panchayat Union Council ceased to exist, or as the case may be, on the date on which the Panchayat Union Council ceased to exercise jurisdiction over the Panchayat Development Block, shall be disposed of by such authorities as may be specified in the order.

Constitution of Panchayat Union Councils and their incorporation –

1. (1) A Panchayat Union Council shall be constituted for each Panchayat Union 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 Union shall vest in the Panchayat Union Council but the Panchayat Union 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 District Panchayat or any other authority. Provided that if and so long as there is no Village Panchayat in any part of a Panchayat Union, the Panchayat Union 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 Panchayat Union Council shall exercise the powers discharge the duties and perform the function of the President and the Executive Authority, respectively, in such part of the Panchayat Development Block.
3. (3) Every Panchayat Union Council shall be a body corporate by the name of the Panchayat Union specified in the notification issued under Section 15, shall have perpetual succession and a common seal, and subject to any restriction or qualification imposed by or under this Act or any other law, shall be vested with the capacity of suing or being sued in its Corporate name, of acquiring, holding and transferring property, movable or immovable, of entering into contracts, and of doing all things necessary, proper or expedient for the purpose for which it is constituted.

Strength of a Panchayat Union Council.-

1. (1) A Panchayat Union Council constituted for any Panchayat Union, shall consist of the elected members as notified under Section 19.

Duration of a Panchayat Union Council.-

1. (1) Every Panchayat Union Council unless sooner dissolved shall continue for five years from the date appointed for its first meeting after each ordinary election and no longer.
2. (2) Where a Panchayat Union Council is dissolved before the expiration of the said period of five years, election to reconstitute such Panchayat Union Council shall be completed in accordance with the provisions of Section 215 as soon as may be, and in any case, before the expiration of a period of six months from the date of such dissolution: Provided that where a Panchayat Union Council is dissolved within six months before the expiration of the said period of five years it shall not be necessary to hold any election to such Panchayat Union Council.

Election of members of Panchayat Union Council.- Every Panchayat Union Council shall consist of persons elected from the wards in the Panchayat Union, as may be notified from time to time by the Government [at the rate of one member for such population as may be prescribed] of the Panchayat Union area as ascertain the last preceding census of which the relevant figures have been published. Such a ward of the Panchayat Union area may either comprise a full ward or one or more wards of the Village Panchayats : Provided that no person shall be eligible to be elected as a member of more than one ward in the same Panchayat Union or as a member of more than one Panchayat Union Council under this Act: Provided further that a person who stands for elections as a member of a Panchayat Union Council shall not be eligible to stand for election as a member of a Village Panchayat, President of a Village Panchayat or a member of a District Panchayat: Provided also that no member of a Panchayat Union Council shall be eligible to stand for election as a member of a Village Panchayat, President of a Village Panchayat or a member of a District Panchayat.

Reservation of seats.-

1. (1) Seats shall be reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes in every Panchayat Union Council 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 filled by direct election in that Panchayat Union Council as the population of the Scheduled Castes in that Panchayat Union area or of the Scheduled Tribes in that Village Panchayat area bears to the total population of that area. Provided that for the first election for the Panchayat Union Council to be held immediately after the commencement of this Act, the provisional population figures of the Panchayat Union as published in relation to 1991 census shall be deemed to be the population of that Panchayat Union.
2. (2) Seats shall be reserved for women belonging to the Scheduled Castes and the Scheduled Tribes from among the seats reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes which shall not be less than one-third of the total number of seats reserved for the persons belonging to Scheduled Castes and Scheduled Tribes.
3. (3) Seats shall be reserved for women in the Panchayat Union Council and the number of seats reserved for women shall be, as nearly as may be, one-third [including the number of seats reserved for women belonging to the Scheduled Castes and Scheduled Tribes] of the total number of seats in the Panchayat Union Council: Provided that such seats reserved for women shall be allotted by rotation to different wards in such a manner as the Inspector may, by notification, direct.
4. (4) The reservation of seats under sub-section
5. (1) and
6. (2) shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution.

Division of Panchayat Union into Wards.-

1. (1) For the purpose of election of members to the Panchayat Union Council, the Inspector shall, after consulting the Panchayat Union Council, by notification, divide the Panchayat Union area into wards, and determine the number of members to be elected in accordance with such scale as may be prescribed.
2. (2) Only one member shall be elected from each ward.

Term of office of members.-

1. (1) Except as otherwise provided in this Act, members of the Panchayat Union Council elected at an ordinary election, shall hold office for a term of five years.
2. (2) The term of office of the members elected at an ordinary election shall commence on the date appointed for the first meeting of the Panchayat Union Council after ordinary election.
3. (3) The member of a Panchayat Union Council elected in a causal vacancy, shall enter upon office forthwith but shall hold office only so long as the member in whose place he is elected would have been entitled to hold office if the vacancy had not occurred.

Electoral roll for Panchayat Union Council.-

1. (1) Subject to the provision of sub-section (2), the electoral roll of the District Panchayat for the time being in force for such part of the Panchayat Union shall be deemed to be the electoral roll for such Panchayat Union Council.
2. (2) No amendment, transposition or deletion of any entry in the electoral roll of the District Panchayat made after the last date of making nominations for an election in any Panchayat Union Council ward and before the notification of the result of such election, shall form part of the electoral roll for such election for the purpose of this Section.
3. (3) The Commissioner of Panchayat Union Council shall maintain in the prescribed manner, electoral roll for each ward in the Panchayat Union.

Formation and incorporation of District Panchayat.-

1. (1) The Government, may, by notification, constitute for each district with effect from such date as may be prescribed in the said notification, a District Panchayat having jurisdiction over the entire district excluding such portions of the district as are included in a Municipality or Town Panchayat or Industrial Township or under the authority of a Municipal Corporation or a Cantonment.
2. (2) Every District Panchayat shall be a body Corporate by the name of the district, shall have perpetual succession and a common seal and subject to such restrictions as are imposed by or under this or any other enactment, shall be vested with the capacity of suing or being sued in its Corporate name, of acquiring, holding and transferring property, movable or immovable, whether without or within the limits of the area over which it has authority, of entering into contracts and of doing all things, necessary, proper or expedient for the purpose for which it is constituted.

Constitution of District Panchayat.-

1. (1) Every District Panchayat shall consists of –
   • (a) all the elected members as determined under Section 27;
   • (b) the members of the House of People and the members of the State Legislative Assembly representing a part or whole of the district whose constituencies lie within the district.
   • (c) the member of the Council of States who is a registered as elector within the district;
   • (d) Members of the House of People, the State Legislative Assembly and the Council of States, referred to in clauses
   • (b) and
   • (c) of sub-section (1), shall be entitled to take part in the proceedings, and vote at the meetings of the District Panchayat.

Election of members.- The number of elected members of a District Panchayat shall consist of persons elected from the wards in the District Panchayat, as may be notified from time to time by the Government based on the population of the district as ascertained at the last preceding census :

Provided that no person shall be eligible to be elected as a member of more than one ward in the same District Panchayat or as a member of more than one District Panchayat

Provided further that a person who stands for elections as a member of a District Panchayat shall not be eligible to stand for election as a member of a Village Panchayat, President of a Village Panchayat or a member of a Panchayat Union Council:

Provided also that no member of a District Panchayat shall be eligible to stand for election as a member of a Village Panchayat, President of a Village Panchayat or a member of a Panchayat Union Council.

Determination of elected members after census.- Upon the publication of the figures for each census, the number of elected members of a District Panchayat shall be determined in accordance with such scale as may be prescribed on the basis of the population of the district as ascertained at the last preceding census:

Provided that the determination of the members as aforesaid, shall not affect the then composition of the District Panchayat until the expiry of the term of office of the elected members then in office:

Provided further that for the first election to the District Panchayat to be held immediately after the commencement of this Act, the provisional population figures of the District Panchayat as published in relation to 1991 census, shall be deemed to be the population of the District Panchayat as ascertained in that census.

Delimitation of territorial wards.- The Government shall, by notification,-

1. (a) divide the area, within the jurisdiction of every District Panchayat, for the purpose of election to such District Panchayat into as many single member territorial wards as the number of members required to be elected under Section 26;
2. (b) determine the extent of each territorial ward which shall be a Panchayat Village or Panchayat Union or part of a Panchayat Village or Panchayat Union; and
3. (c) determine the territorial ward or wards in which seats are reserved for the Scheduled Castes, Scheduled Tribes [***] and women.

Term of office of Members.- Except as otherwise provided in this Act, members of the District Panchayat elected at an ordinary election, shall hold office for a term of five years.

(2) The term of office of the members elected at an ordinary election shall commence on the date appointed for the first meeting of the District Panchayat after ordinary election.

(3) The member of a District Panchayat elected in a causal vacancy, shall enter upon office forthwith but shall hold office only so long as the member in whose place he is elected would have been entitled to hold office if the vacancy had not occurred.

Electoral roll for District Panchayat.-

1. (1) The electoral roll of a District

Panchayat shall be the same as the electoral roll of the Tamil Nadu Legislative Assembly

prepared and revised in accordance with the provisions of the law for the time being in force in the district and as revised, modified, updated and published in accordance with the provisions of sub-section (2).

(2) Subject to the superintendence, direction and control of the

1[Tamil Nadu State Election Commission], the electoral roll shall be revised, modified and updated and published by such officer as may be designated by the

1[Tamil Nadu State Election Commission] in this behalf in the prescribed manner.

(3) No amendment, transposition or deletion of any entry in the electoral roll of the Tamil Nadu Legislative Assembly made after the last date of making nomination for election in any District Panchayat territorial ward and before the notification of the result of such election, shall form part of the electoral roll for such election for the purpose of this section.

Duration of District Panchayat.-

1. (1) Every District Panchayat constituted under this Act unless sooner dissolved, shall continue for five years from the date appointed for its first meeting after each ordinary election and no longer.
2. (2) Where a District Panchayat is dissolved before the expiration of the said period of five years, election to reconstitute such District Panchayat shall be completed as soon as may be, and in any case, before the expiration of a period of six months from the date of such dissolution:

Reservation of seats Reservation of seats.-

1. (1) Seats shall be reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes in every District 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 filled by direct election in that District Panchayat as the population of the Scheduled Castes in that District Panchayat area or of the Scheduled Tribes in that District Panchayat area bears to the total population of that area. Provided that for the first election for the District Panchayat to be held immediately after the commencement of this Act, the provisional population figures of the District Panchayat area as published in relation to 1991 census, shall be deemed to be the population of the District Panchayat area.
2. (2) Seats shall be reserved for women belonging to the Scheduled Castes and the Scheduled Tribes from among the seats reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes which shall not be less than one-third of the total number of seats reserved for the persons belonging to Scheduled Castes and Scheduled Tribes.
3. (3) Seats shall be reserved for women in the District Panchayat and number of seats reserved for women shall not be less than one-third [including the number of seats reserved for women belonging to the Scheduled Castes and Scheduled Tribes] of the total number of seats in the District Panchayat: Provided that such seats reserved for women shall be allotted by rotation to different territorial wards in such manner as the Government may, by notification, direct.
4. (4) The reservation of seats under sub-sections
5. (1) and
6. (2) shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution.
7. (5) Reservation of seats under this section, Section 11 and Section 20, shall be made by the Government or by any officer authorized by the Government in this behalf.
8. (6) While determining the number of seats in Village Panchayats, Panchayat Union Councils and District Panchayats under this section, Section 11, and Section 20 for the purpose of reservation, any fraction thereof shall be disregarded.

Qualification of candidates.- No person shall be qualified for election as a Member or President [***] of a Panchayat unless-

1. (i) his name appears on the electoral roll of the concerned Panchayat; and
2. (ii) he has completed his twenty-first year of age.

Disqualification of officers and servants of Government and Local Bodies, etc.-

1. (1) No Village Administrative Officer, or village servant and no other officer or servant of the State or Central Government or of a Village Panchayat, Panchayat Union Council, District Panchayat, Municipal Council or the Municipal Corporation of [Chennai], or of Madurai or of Coimbatore or of any other Municipal Corporation that may be constituted under any law for the time being in force or of any Industrial Township or of Cantonment or of any body Corporate, owned or controlled by the State or Central Government, shall be qualified for election as a member or for holding office as a member.
2. (2) A person who having held an office under the Government of India or under the Government of any State has been dismissed for corruption or for disloyalty to the State shall be disqualified for election as a member or for holding office as a member for a period of five years from the date of such dismissal.

Disqualification of persons convicted of election offences.- Every persons convicted of an offence punishable under Sections 58 to 71 of this Act or under Chapter IX-A of the Indian Penal Code (Central Act XLV of 1860), or is so disqualified by or under any law for the time being in force for the purposes of election to the Legislative Assembly of the State or is disqualified by or under any law for the time being in force, shall be disqualified from voting or from being elected in any election to which this Act applies or from holding the office of President or Member of a Village Panchayat or of the office of Chairman or member of a Panchayat Union Council or a District Panchayat, for a period of [six years] from the date of his conviction.

Disqualification of voters.- No person who is of unsound mind and declared so by a competent Court and no person who is disqualified under Section 35 shall be qualified to vote so long as the disqualification subsists.

Disqualification of candidates.-

1. (1) A person convicted of an offence punishable under—
   • (a) section 153-A (offence of promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony) or section 171-E (offence of bribery) or section 171-F (offence of undue influence or personation at an election) or sub-section
2. (1) or sub-section
3. (2) of section 376 or section 376-A or section 376-B or section 376-C or section 376-D or section 498-A (offence of cruelty towards a woman by husband or relative of a husband) or sub-section
4. (2) or sub-section
5. (3) of section 505 (offence of making statement creating or promoting enmity, hatred or ill-will between classes or offence relating to such statement in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies) of the Indian Penal Code (Central Act XLV of 1860); or
   • (b) the Protection of Civil Rights Act, 1955 (Central Act XXII of 1955) which provides for punishment for the preaching and practice of "untouchability", and for the enforcement of any disability arising therefrom; or
   • (c) section 11 (offence of importing or exporting prohibited goods) of the Customs Act, 1962 (Central Act 52 of 1962); or
   • (d) sections 10 to 12 (offence of being a member of an association declared unlawful, offence relating to dealing with funds of an unlawful association or offence relating to contravention of an order made in respect of a notified place) of the Unlawful Activities (Prevention) Act, 1967 (Central Act 37 of 1967); or
   • (e) the Foreign Exchange (Regulation) Act, 1973 (Central Act 46 of 1973); or the Foreign Exchange Management Act, 1999 (Central Act 42 of 1999); or
   • (f) the Narcotic Drugs and Psychotropic Substances Act, 1985 (Central Act 61 of 1985); or
   • (g) section 7 (offence of contravention of the provisions of sections 3 to 6 ) of the Religious Institutions (Prevention of Misuse) Act, 1988 (Central Act 41 of 1988); or
   • (h) section 125 (offence of promoting enmity between classes in connection with the election) or section 135 (offence of removal of ballot-papers from poling stations) or section 135-A (offence of booth capturing) or clause(a) of sub-section
6. (2) of section 136 (offence of fraudulently defacing or fraudulently destroying any nomination paper) of the Representation of the People Act, 1951 (Central Act 43 of 1951); or
   • (i) section 6 (offence of conversion of a place of worship) of the Places of Worship (Special Provisions) Act, 1991 (Central Act 42 of 1991); or
   • (j) section 2 (offence of insulting the Indian National Flag or the Constitution of India) or section 3 (offence of preventing singing of National Anthem) of the Prevention of Insults to National Honour Act, 1971 (Central Act 69 of 1971); or
   • (k) the Prevention of Corruption Act, 1988 (Central Act 49 of 1988); or
   • (l) any law providing for the prevention of hoarding or profiteering; or
   • (m) any law relating to the adulteration of food or drugs; or
   • (n) any provisions of the Dowry Prohibition Act, 1961 (Central Act 28 of 1961) shall be disqualified for election as a member, where the convicted person is sentenced to—
     • (i) only fine, for a period of six years from the date of such conviction;
     • (ii) imprisonment, from the date of such conviction and shall continue to be disqualified for a further period of six years since his release. Explanation. —In this sub-section, —
   • (a) "law providing for the prevention of hoarding or profiteering" means any law, or any order, rule or notification having the force of law, providing for—
     • (i) the regulation of production or manufacture of any essential commodity;
     • (ii) the control of price at which any essential commodity may be bought or sold;
     • (iii) the regulation of acquisition, possession, storage, transport, distribution, disposal, use or consumption of any essential commodity;
     • (iv) the prohibition of the withholding from sale of any essential commodity ordinarily kept for sale;
   • (b) "drug" has the meaning assigned to it in the Drugs and Cosmetics Act, 1940 (Central Act 23 of 1940);
   • (c) "essential commodity" has the meaning assigned to it in the Essential Commodity Act, 1955 (Central Act 10 of 1955);
   • (d) "food" has the meaning assigned to it in the Prevention of Food Adulteration Act, 1954 (Central Act XXXVII of 1954).
7. (2) A person convicted of any offence and sentenced to imprisonment for not less than two years other than any offence referred to in sub-section
8. (1) shall be disqualified for election as a member from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.”
9. (3) A person shall be disqualified for election as a member, if at the last date for filing of nomination or at the date of election he is –
   • (a) of unsound mind, or a deaf-mute;
   • (b) an applicant to be adjudicated as an insolvent or an undischarged insolvent;
   • (c) interested in a subsisting contract made with or any work being done for, any panchayat except as a shareholder (other than a director) in a company;
   • (d) employed as paid legal Practitioner on behalf of the Panchayat or as legal Practitioner against the Panchayat;
   • (dd) found that he does not belong to Scheduled Caste or Scheduled Tribe for contesting any seat reserved for Scheduled Caste or Scheduled Tribe in a Panchayat;
   • (e) already a member of a Panchayat, whose term of office will not expire before his fresh election can take effect or has already been elected as a member of a Panchayat whose term of office has not yet commenced; or
   • (f) in arrears of any kind due by him (otherwise than in fiduciary capacity) to a Panchayat upto and inclusive of the previous year.
10. (4) if the Tamil Nadu State Election Commission is satisfied that a person, -
    • (a) has failed to lodge an account of election expenses within the time and in the manner required by or under this Act, and
    • (b) has no good reason or justification for the failure, the Tamil Nadu State Election Commission shall, by order published in the Tamil Nadu Government Gazette, declare him to be disqualified for being chosen as, and for being, a member or President, as the case may be, and any such person shall be disqualified for a period of three years from the date of the order.

Disqualification of members.-

1. (1) A member convicted of such an offence as described under sub-section
2. (1) of Section 37 shall be disqualified, where the convicted member is sentenced to—
   • (i) only fine, for a period of six years from the date of such conviction;
   • (ii) imprisonment, from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.
3. (2) A member convicted of any offence and sentenced to imprisonment for not less than two years other than any offence referred to in sub-section
4. (1) of Section 37 shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.
5. (3) Subject to the provisions of section 41, a member shall cease to hold office as such, if he-
   • (a) becomes of unsound mind, or a deaf-mute;
   • (b) applies to be adjudicated, or is adjudicated, as an insolvent;
   • (c) acquires any interest in any subsisting contract made with or any work being done for, any Panchayat except as a shareholder (other than a director) in a company or except as permitted by rules made under this Act.
   • (d) is employed as paid legal Practitioner on behalf of the Panchayat or as legal Practitioner against any Panchayat;
   • (e) is found that he does not belong to Scheduled Caste or Scheduled Tribe, but has been elected from the seat reserved for Scheduled Caste or Scheduled Tribe ;
   • (f) is appointed as an officer or servant under this Act;
   • (g) ceases to reside in the village, panchayat union or the district, as the case may be;
   • (h) fails to pay arrears of any kind due by him (otherwise than in fiduciary capacity) to a Panchayat within three months after such arrears became due; or
     • (i) absents himself from the meetings of the Panchayat for a period of three consecutive months reckoned from the date of the commencement of his term of Office, or of the last meeting which he attended, or of his restoration to office as member under sub- section
6. (1) of section 39, as the case may be, or if within the said period, less than 3 meetings have been held, absents himself in the three consecutive meetings held after the said date; Provided that no meeting from which a member absented himself shall be counted against him under this clause if –
   • (i) due notice of that meeting was not given to him; or
   • (ii) the meeting was held after giving shorter notice than that prescribed for an ordinary meeting; or
   • (iii) the meeting was held on a requisition of members.

Restoration of members to office.-

1. (1) Where a person ceases to be a member under Section 35 or [sub-section
2. (1) or sub-section
3. (2) of Section 38], such person shall be restored to office for such portion of the period for which such person was elected, as may remain unexpired at the date of such restoration, if and when the conviction or sentence is annulled on appeal or revision; and any person elected to fill the vacancy in the interim, shall on such restoration, vacate office.
4. (2) Where a person ceases to be a member [under clause
   • (i) of sub-section
5. (3) of Section 38], the Executive Authority or the Commissioner or the [Secretary] as the case may be, shall, at once intimate the fact in writing to such person and report the same to the Panchayat concerned at its next meeting. If such person applies for restoration suo motu to the Panchayat concerned on or before the date of its next meeting or within fifteen days of the receipt by him of such intimation, such Panchayat may at the meeting next after the receipt of such application restore him to his office of member:

Oath or affirmation to be made by members Oath or affirmation to be made by members.-

1. (1) Notwithstanding anything contained in the Oaths Act, 1969 (Central Act X of 1969), every person who is elected to be a member or who becomes a member shall, before taking his seat, make, at a meeting of the Panchayat an oath or affirmation in the following form, namely,- “I, A.B, having been elected a member/having become a member of this Village Panchayat/Panchayat Union Council/District Panchayat do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter”.
2. (2) Any person who, having been elected to be a member or who, having become a member, fails to make within three months of the date on which his term of office commences or at one of the first three meetings held after the said date, whichever is later, the oath or affirmation laid down in sub-section (1), shall cease to hold his office and his seat shall be deemed to have become vacant.
3. (3) Any person who has been elected to be a member or who has become a member shall not take his seat at meeting of the Panchayat or do any act as such member unless he has made the oath or affirmation as laid down in sub-section (1).
4. (4) Notwithstanding anything contained in sub-section (3), the President or the Chairman of a Panchayat or the member of a Committee constituted under this Act, who has not made the oath or affirmation as a member, shall be entitled to act as such President, Chairman or member provided he makes the oath or affirmation and takes his seat at the first meeting of the Panchayat which he attends within two months after he is elected or appointed as, or becomes entitled to exercise the functions of the President, Chairman or member, as the case may be. Explanation.- For the purposes of this section –
   • (i) ‘President’ includes a Vice-President exercising the functions of the President under sub-section
5. (1) or sub-section
6. (2) of Section 47 and the temporary President appointed under sub-section
7. (3) of that Section; and
   • (ii) ‘Chairman’ includes a Vice-Chairman exercising the functions of the Chairman under sub-section
8. (1) or sub-section
9. (5) of Section 54 or a Revenue Divisional Officer who is ex-officio Chairman under sub-section
10. (2) of that section.

Authority to decide Questions of disqualification or cessation of members.-

1. (1) If any question arises as to whether any person who has been elected as a member of a Panchayat or who becomes a member of a Panchayat is not qualified or as become disqualified under Section 33 or Section 34 or Section 35 or sub-Section
2. (3) of Section 38 or 38–A or cessation under Section 40, the question shall be referred by the Inspector to the Government whose decision shall be final.
3. (2) Before taking any such decision on such question, the Government shall obtain the opinion of the Tamil Nadu State Election Commission and shall act according to such opinion.

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 stand for election as President shall not be eligible to stand for election as a member of a Village Panchayat, a member of a Panchayat Union Council or a member of a District Panchayat: Provided further that no President shall be eligible to stand for election as a member of a Village Panchayat, a member of a Panchayat Union Council or a member of a District Panchayat:

1. (2) The election of the President may be held ordinarily at the same times and in the same places as the ordinary elections of the members of the Village Panchayat.
2. (3) The term of office of the President who is elected at an ordinary election shall, save as otherwise expressly provided in, be five years beginning at noon on the day on which the ordinary vacancy occurs.
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 Tamil Nadu State Election Commissioner 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
5. (1) is due.
6. (6) The provisions of Sections 34 to 41 (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 Panchayat.
7. (7) The President shall be an ex-officio member of the Village Panchayat and shall have all the rights and privileges of an elected member of the Village Panchayat.

Election of Vice-President.—(1) The Vice-President shall be elected by the Village Panchayat from among its elected members in accordance with such procedure as may be prescribed.

1. (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 as 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 his becoming disqualified for holding the office or on his removal from office or] on the expiry of his term of office as a member or on his otherwise ceasing to be a member.

Functions of the President.-

1. (1) The President shall, - [(a) convene the meetings of the Village Panchayat and of the Grama Sabha];
   • (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. [(d) execute or implement all schemes, programmes or activities as may be entrusted to village panchayat from time to time.]
2. (2) No official correspondence between the Village Panchayat and the Government shall be conducted except through the President. The President shall be bound to transmit communications addressed through him by the Executive Authority to the Government or by the

Devolution of President’s functions and filling up of vacancies in the office of President Devolution [***] 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 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 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 Inspector 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 Inspector in this behalf. The member of the Village Panchayat or the person so appointed (who shall be called as 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 the Vice-President returns to jurisdiction or recovers from his incapacity, as the case may be.
4. (4) Any vacancy in the office of President shall be reported to the [Tamil Nadu State Election Commissioner] by such person and within such time as may be prescribed and the [Tamil Nadu State Election Commissioner] shall arrange for the election of the President.
5. (5) 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 and shall also be subject to his control and revision:

Chairman and Vice Chairman of Panchayat Union Council Chairman and Vice-Chairman of Panchayat Union Council.- There shall be a Chairman and Vice-Chairman for every Panchayat Union Council.

Election of Chairman of Panchayat Union Council.-

1. (1) The Chairman shall be elected by the Panchayat Union Council from among its elected members in accordance with such procedure as may be prescribed.
2. (2) If at an election held under sub-section (1), no Chairman is elected, a fresh election shall be held for electing a Chairman.

Election of Vice Chairman of Panchayat Union Council.-

1. (1) The Vice- Chairman shall be elected by the Panchayat Union Council from among its elected members in accordance with such procedure as may be prescribed.
2. (2) If at an election held under sub-section (1), no Vice-Chairman is elected, a fresh election shall be held for electing a Vice-Chairman.

Functions of the Chairman. – The Chairman shall – (a) convene the meetings of the Panchayat Union 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.

1. (2) The Chairman shall have full access to all the records of the Panchayat Union

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

Cessation of office of Chairman and Vice Chairman of a Panchayat Union Council Cessation of office of Chairman and Vice-Chairman of a Panchayat Union Council.- The Chairman and Vice-Chairman shall cease to hold office as such-

1. (a) in the case of the Chairman of a Panchayat Union Council 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 Chairman or member of the Panchayat Union Council;
2. (b) in the case of the Vice-Chairman, [on his becoming disqualified for holding the office or on his removal from office or] on the expiry of his term of office as a member of the Panchayat Union Council or on his otherwise ceasing to be a member of the Panchayat Union Council.

Devolution and delegation of Chairman’s functions and filling up of vacancies in the office of Chairman.-

1. (1) When the office of Chairman is vacant, the Vice-Chairman shall exercise the functions of the Chairman until a new Chairman assumes office.
2. (2) When the office of Chairman is vacant and there is either a vacancy in the office of Vice-Chairman, or the Vice-Chairman has been continuously absent from jurisdiction for more than thirty days or is incapacitated and until a new Chairman or Vice-Chairman is elected and assumes office, or the Vice-Chairman returns to jurisdiction or recovers from his incapacity, as the case may be, the Revenue Divisional Officer shall, notwithstanding anything contained in this Act, or in the rules or notifications issued thereunder, be exofficio member and Chairman of the Panchayat Union Council.
3. (3) An out-going Chairman or Vice-Chairman is eligible for re-election.
4. (4) The Chairman may, by an order in writing, delegate any of his functions to the Vice-Chairman: Provided that he shall not delegate any functions which the Panchayat Union Council expressly forbids him to delegate.
5. (5) If the Chairman 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-Chairman.
6. (6) If the Vice-Chairman also has been continuously absent from jurisdiction for more than thirty days or is incapacitated or if the office of Vice-Chairman is vacant, the Chairman may, by an order in writing, delegate any of his functions to any member of the Panchayat Union Council who shall be called “Chairman Delegate” during the period of delegation: Provided that –
   • (i) when an order of delegation made under this sub-section is in force, no further orders of delegation of any function shall be made in favour of any member other than the member in whose favour the order in force was made;
   • (ii) no delegation under this sub-section shall be made for any period exceeding in the aggregate ninety days in any year without the special sanction of the Panchayat Union Council; and
   • (iii) every order made under this sub-section shall be communicated to the Panchayat Union Council at its next meeting.
7. (7) The exercise or discharge of any functions delegated under this Section shall be subject to such restrictions, limitations and conditions as may be laid down by the Chairman.

Chairman and Vice-Chairman of District Panchayat.- There shall be a Chairman and Vice-Chairman for every District Panchayat.

Election of Chairman and Vice-Chairman of District Panchayat.-

1. (1) The elected members of the District Panchayat shall as soon as may be, elect two members from among themselves, to be respectively the Chairman and Vice-Chairman.
2. (2) The provisions of sub-section
3. (2) of Section 50, sub-section
4. (2) of Section 51 and Sections 52, 53 and 54 shall as far as may be, apply in relation to the office of the Chairman and Vice-Chairman of District Panchayat, as they apply in relation to the office of the Chairman and Vice-Chairman of Panchayat Union Council and any reference to Panchayat Union Council or Commissioner in the said Sections shall be deemed to be a reference to the District Panchayat or Secretary as the case may be, in so far as it applies to the office of Chairman and Vice-Chairman of District Panchayat.

Reservation of seats in the office of President, Chairman, etc.-

1. (1) Office of the Presidents of Village Panchayats, Chairmen of Panchayat Union Councils and Chairmen of District Panchayats, shall be reserved for the persons belonging to the Scheduled Castes and Scheduled Tribes and the number of seats so reserved shall bear as nearly as may be, the same proportion to the total number of offices in the State as the population of the Scheduled Castes in the State or the Scheduled Tribes in the State bear to the total population of the State: (1-A) Offices of the Presidents of the Village Panchayats, Chairmen of Panchayat Union Councils and Chairmen of District Panchayats shall be reserved for women belonging to the Scheduled Castes and Scheduled Tribes from among the offices reserved for the persons belonging to Scheduled Castes and Scheduled Tribes which shall not be less than one-third of the total number of offices reserved for the persons belonging to the Scheduled Castes and Scheduled Tribes. (1-D) Offices of the Presidents of the Village Panchayats, Chairmen of Panchayat Union Councils and Chairmen of District Panchayats in the State shall be reserved for women which shall not be less than one-third including the number of offices reserved for women belonging to the Scheduled Castes and Scheduled Tribes of the total number of such offices in the State: Provided that the offices reserved under this Section, shall be allotted by rotation to different panchayats at each level in such manner, as may be prescribed.
2. (2) Reservation of the offices of the Presidents of the Village Panchayats, Chairmen of Panchayat Union Councils and Chairmen of District Panchayats, shall be made by the Government or by any officer authorized by the Government in this behalf.
3. (3) The reservation of the offices of Presidents of the Village Panchayats, Chairmen of Panchayat Union Councils and Chairmen of the District Panchayats made under sub-section
4. (1) in respect of the persons belonging to the Scheduled Castes and the Scheduled Tribes shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution.
5. (4) While determining the number of offices of Presidents of the Village Panchayats, Chairmen of Panchayat Union Councils and Chairmen of District Panchayats, under sub-section
6. (1) for the purpose of reservation any fraction which is less than half shall be disregarded and half and more than half shall be regarded as one.

Offences relating to elections

Infringement of secrecy of election.- Every officer, clerk, agent or other person performing any duty in connection with the recording or counting of votes at an election who, except for some purpose authorized by law, communicates to any person any information showing directly or indirectly for which candidate any voter has voted, and every person who by any improper means, procures any such information, shall be punished with imprisonment which may extend to six months or with fine, or with both.

Minimum penalty for personation at an election.- Notwithstanding anything contained in Section 171-F of the Indian Penal Code (Central Act XLV of 1860), any person who in connection with an election under this Act commits an offence of personation punishable under that section shall be punishable with imprisonment for a term which shall not be less than six months and not more than two years and with fine.

Promoting enmity between classes in connection with election.- Any person who in connection with an election under this Act promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings of enmity or hatred between different classes of the citizens of India shall be punishable with imprisonment for a term which may extend to three years or with fine, or with both.

Prohibition of public meeting on the day preceding the election day and on the election day.

1. (1) No person shall convene, hold or attend any public meeting in any local area comprised in a Panchayat within forty-eight hours before the date of termination of the poll or on the date or dates on which a poll is taken for an election in that Panchayat.
2. (2) Any persons who contravenes the provisions of sub-section
3. (1) shall be punishable with fine which may extend to two hundred and fifty rupees.

Disturbances at election meeting

1. (1) Any person who at a public meeting to which this section applies acts or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called shall be punishable with fine which may extend to two hundred and fifty rupees.
2. (2) This section applies to any public meeting of a political character held in any local area comprised in a Panchayat between the earliest date for making nomination of candidates for an election and the date in which such election is held.
3. (3) If any Police Officer reasonably suspects any person of committing an offence under sub-section (1), he may, if requested so to do by the Chairman of the meeting, require that persons to declare to him immediately his name and address and, if that person refuses or fails so to declare his name and address, or if the Police Officer reasonably suspects him of giving a false name or address, the Police Officer may arrest him without warrant.

Restriction on printing of pamphlets, posters, etc.-

1. (1) No person shall print or publish or cause to be printed or published, any election pamphlet or poster which does not bear on its face the names and address of the printer and the publisher thereof.
2. (2) No person shall print or cause to be printed any election pamphlet or poster—
   • (a) unless a declaration as to the identity of the publisher thereof signed by him and attested by two persons to whom he is personally known, is delivered by him to the printer in duplicate; and
   • (b) unless, within a reasonable time, after the printing of the document, one copy of the declaration is sent by the printer together with one copy of the document to the Executive Authority or Commissioner or the [Secretary], as the case may be.
3. (3) For the purposes of this section—
   • (a) any process for multiplying copies of a document, other than copying it by hand, shall be deemed to be printing and the expression ‘printer’ shall be construed accordingly; and
   • (b) “election pamphlet or poster” means any printed pamphlet, hand-bill or other document distributed for the purpose of promoting or prejudicing the election of a candidate or group of candidates or any placard or poster having reference to an election, but does not include any hand-bill, placard or poster merely announcing the date, time, place and other particulars of an election meeting or routine instructions to election agents or workers.
4. (4) Any person who contravenes any of the provisions of sub-section
5. (1) or sub-section
6. (2) shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.

Officers, etc., at elections not to act for candidates or to influence voting.-

1. (1) No person who is a Returning Officer, or an Assistant Returning Officer or a Presiding or Polling Officer at an election, or an officer or clerk appointed by the Returning Officer or the Presiding Officer to perform any duty in connection with an election shall in the conduct or the management of the election do any act (other than the giving of vote) for the furtherance of the prospects of the election of a candidate.
2. (2) No such person as aforesaid, and no member of the police force, shall endeavour—
   • (a) to persuade any person to give his vote an election, or
   • (b) to dissuade any person from giving his vote at an election, or
   • (c) to influence the voting of any person at an election in any manner.
3. (3) Any person who contravenes the provisions of sub-section
4. (1) or sub-section
5. (2) shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.

Prohibition of canvassing in or near polling stations.-

1. (1) No person shall, on the date or dates on which a poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of one hundred metres of the polling station, namely:-
   • (a) canvassing for votes; or
   • (b) soliciting the vote of any elector; or
   • (c) persuading any elector not to vote for any particular candidate; or
   • (d) persuading any elector not to vote at the election; or
   • (e) exhibiting any notice or sign (other than an official notice) relating to the election.
2. (2) Any person who contravenes the provisions of sub-section
3. (1) shall be punishable with fine which may extend to two hundred and fifty rupees.
4. (3) An offence punishable under this section shall be cognizable.

Penalty for disorderly conduct in or near polling stations.-

1. (1) No person shall, on the date or dates on which a poll is taken at any polling station –
   • (a) use or operate within or at the entrance of the polling station, or in any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker, or
   • (b) shout, or otherwise act in a disorderly manner within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officers and other persons on duty at the polling station.
2. (2) Any person who contravenes, or wilfully aids or abets the contravention of the provisions of sub-section
3. (1) shall be punishable with imprisonment for a term which may extend to three months or with fine, or with both.
4. (3) If the Polling Officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under this section, he may direct any Police Officer to arrest such person, and thereupon the Police Officer shall arrest him.
5. (4) Any Police Officer may take such steps, and use such force, as may be reasonably necessary for preventing any contravention of the provisions of sub-section
6. (1) and may seize any apparatus used for such contravention. Explanation.- In this section, the expression “Polling Officer” means the Polling Officer of a polling station or if there is a Presiding Officer at the polling station, such Presiding Officer.

Penalty for misconduct at the Polling Station.—(1) Any person who during the hours fixed for the poll at any polling station misconducts himself or fails to obey the lawful directions of the Polling Officer may be removed from the polling station by the Polling Officer or by any Police Officer on duty or by any person authorized in this behalf by such Polling Officer.

1. (2) The powers conferred by sub-section
2. (1) shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having opportunity of voting at that polling station.
3. (3) If any person who has been so removed from a polling station re-enters the polling station without the permission of the Polling Officer, he shall be punishable with imprisonment for a term which may extend to three months or with fine, or with both.
4. (4) An offence punishable under sub-section
5. (3) shall be cognizable. Explanation.- In this section, the expression “Polling Officer” has the same meaning as in Section 66.

Penalty of illegal hiring or procuring of conveyance at elections.—(1) No candidate or his agent or any other person with the consent of a candidate or his agent shall hire or procure whether on payment or otherwise any vehicle or vessel 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 that nothing in this sub-section shall apply to-

1. (a) the hiring of a vehicle or vessel by an elector or several electors at their joint cost for the purpose of conveying him or them to or from the polling station, if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power; and
2. (b) the use of any public transport vehicle or vessel or any railway carriage by any elector at his own cost for the purpose of going to or coming from the polling station. Explanation.—In this sub-section, 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.

1. (2) Any person who contravenes the provisions of sub-section
2. (1) at or in connection with an election shall be punishable with fine which may extend to two hundred and fifty rupees.

Breaches of official duty in connection with election.-

1. (1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to five hundred rupees.
2. (2) No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid.
3. (3) The persons to whom this section applies are the Returning Officers, Assistant Returning Officers, Presiding Officers, Polling Officers and any other person appointed to perform any duty in connection with the receipt of nominations or withdrawal of candidatures, or the recording or counting of votes at an election; and the expression “official duty” shall for the purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by or under this Act.

Removal of ballot papers from polling station to be an offence.-

1. (1) Any person who at any election fraudulently takes, or attempts to take, a ballot paper out of the polling station, or wilfully aids or abets the doing of any such act, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to five hundred rupees, or with both.
2. (2) If the Presiding Officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub-section (1), such officer may, before such person leaves the polling station, arrest or direct a Police Officer to arrest such person and may search such person or cause him to be searched by a Police Officer; Provided that when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.
3. (3) Any ballot paper found upon the person arrested on search shall be made over for safe custody to a Police Officer by the Presiding Officer or when the search is made by a Police Officer, shall be kept by such officer in safe custody.
4. (4) An offence punishable under sub-section
5. (1) shall be cognizable.

Other offences and penalties therefor.-

1. (1) No person at an election shall –
   • (a) fraudulently deface or fraudulently destroy any nomination paper; or
   • (b) fraudulently deface, destroy or remove any list, notice or other document affixed by or under the authority of a Returning Officer; or
   • (c) fraudulently deface or fraudulently destroy any ballot paper or the official mark on any ballot paper; or
   • (d) without due authority supply any ballot paper to any person or receive any ballot paper from any person or be in possession of any ballot paper; or
   • (e) fraudulently put into any ballot box anything other than the ballot paper which he is authorized by law to put in; or
   • (f) without due authority destroy, take, open or otherwise interfere with any ballot box or ballot paper then in use for the purpose of the election; or
   • (g) fraudulently or without due authority, as the case may be, attempt to do any of the foregoing acts or wilfully aid or abet the doing of any such acts.
2. (2) Any person who contravenes the provisions of sub-section
3. (1) shall –
   • (a) if he is a Returning Officer or an Assistant Returning Officer or a Presiding Officer at a polling station or any other officer or clerk employed on official duty in connection with the election, be punishable with imprisonment for a term which may extend to two years or with fine, or with both.
   • (b) if he is any other person, be punishable with imprisonment for a term which may extend to six months or with fine or with both.
4. (3) For the purposes of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election of part of an election including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election, but the expression “official duty” shall not include any duty imposed otherwise than by or under this Act.
5. (4) An offence punishable under clause
   • (b) of sub-section
6. (2) shall be cognizable.

Cognizance of certain election offences.- No Court shall take cognizance of any offence punishable under Section 64 or under Section 69 or under clause

1. (a) of sub- section

1. (2) of Section 71 except on complaint in writing made by order of, or under authority from, the Government.

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

1. (1) If it appears to the Government, that in connection with an election under this Act –
   • (a) any premises other than residential buildings actually occupied are needed or likely to be needed for the purpose of being used as a polling station or for the storage of ballot boxes after a poll has been taken, or
   • (b) any vehicle, vessel or animal is needed or is likely to be needed for the purpose of transport of ballot boxes to or from any polling station, or transport of members of the police force for maintaining order during the conduct of such election or transport of any officer or other person for performance of any duty in connection with such election, the Government may, by order in writing, requisition such premises, or such vehicle, vessel or animal, as the case may be and may make such further orders as may appear to them to be necessary or expedient in connection with the requisitioning; Provided that no vehicle, vessel or animal which is being lawfully used by a candidate or his agent for any purpose connected with the election of such candidate shall be requisitioned under this sub-section until the completion of the poll at such election.
2. (2) The requisition shall be effected by an order in writing addressed to the person deemed by the Government to be the owner or person in possession of the property, and such order shall be served on the person to whom it is addressed.
3. (3) Whenever any property is requisitioned under sub-section (1), the period of such requisition shall not extend beyond the period for which such property is required for any of the purposes mentioned in that sub-section.
4. (4) In this section –
   • (a) ‘premises’ means any land, building or part of a building and includes a hut, shed or other structure or any part thereof;
   • (b) ‘vehicle’ means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise.

Payment of amount.-

1. (1) Whenever in pursuance of Section 73, the Government requisitions any premises, the persons interested, shall be paid by the Government, an amount which shall be determined by the Government by taking into consideration the following, namely:-
   • (i) the rent payable in respect of the premises or if no rent is so payable the rent payable for similar premises in the locality; Provided that the rent payable in respect of the premises to which the provisions of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (Tamil Nadu Act 18 of 1960) apply shall be the fair rent payable for the premises under that Act.
   • (ii) If in consequence of the requisition of the premises, the person interested is compelled to change his residence or place of business, the reasonable expenses if any, incidental to such change: Provided that where any person interested, being aggrieved by the amount so determined makes an application to the Government within one month from the date of service of the order determining the amount, for referring the matter to an Arbitrator, the amount to be paid shall be such as the Arbitrator appointed by the Government may determine: Provided further that where there is any dispute as to the title to receive the amount or as to the apportionment of the amount, it shall be referred by the Government to an Arbitrator appointed in this behalf by the Government for determination and shall be determined in accordance with the decision of such Arbitrator. Explanation.- In this sub-section, the expression “person interested” means the person who was in actual possession of the premises requisitioned under Section 73 immediately before the requisition, or where no person was in such actual possession, the owner of such premises.
2. (2) Whenever in pursuance of Section 73, the Government requisition any vehicle, vessel or animal, there shall be paid by the Government to the owner thereof an amount which shall be determined by the Government on the basis of the fares or rates prevailing in the locality for the hire of such vehicle, vessel or animal: Provided that where the owner of such vehicle, vessel or animal being aggrieved by the amount so determined makes an application to the Government within one month from the date of service of the order determining the amount for referring the matter to an Arbitrator, the amount to be paid shall be such sum as the Arbitrator appointed in this behalf by the Government may determine: Provided further that where immediately before the requisitioning, the vehicle or vessel was by virtue of a hire purchase agreement in the possession of a person other than the owner, the total amount determined under this sub-section payable in respect of the requisition shall be apportioned between that person and the owner in such manner as they may agree upon, and in default of agreement, in such manner as an Arbitrator appointed by the Government in this behalf may decide.

Power to obtain information.—The Government may, with a view to requisitioning any property under Section 73 or determining the amount payable under Section 74, by order, require any person to furnish to such authority as may be specified in the order such information in his possession relating to such property as may be so specified.

Power of entry into and inspection of premises, etc.—

1. (1) Any person authorised in this behalf by the Government may enter into any premises and inspect such premises and any vehicle, vessel or animal therein for the purpose of determining whether and if so in what manner, an order under Section 73 should be made in relation to such premises, vehicle, vessel or animal or with a view to securing compliance with any order made under that section.
2. (2) In this section, the expressions ‘premises’ and ‘vehicle’ shall have the same meaning as in Section 73.

Eviction from requisitioned premises. -

1. (1) Any person remaining in possession of any requisitioned premises in contravention of any order made under Section 73 may be summarily evicted from the premises by any officer empowered by the Government in this behalf.
2. (2) Any officer so empowered may, after giving to any woman not appearing in public, reasonable warning and facility to withdraw, remove or open any lock or bolt or break open any door of any building or do any other necessary for effecting such eviction.

Release of premises from requisition. -

1. (1) When any premises requisitioned under Section 73 are to be released from requisition, the possession thereof shall be delivered to the person from whom possession was taken at the time when the premises were requisitioned, or if there were no such person, to the person deemed by the Government to be the owner of such premises and such delivery of possession shall be a full discharge of the Government from all liabilities in respect of such delivery, but shall not prejudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is so delivered.
2. (2) Where the person to whom possession of any premises requisitioned under Section 73 is to be given under sub-section
3. (1) cannot be found or is not readily ascertainable or has no agent or any other person empowered to accept delivery on his behalf, the Government shall cause a notice declaring that such premises are released from requisition to be affixed on some conspicuous part of such premises and publish the notice in the District Gazette concerned.
4. (3) When a notice referred to in sub-section
5. (2) is published in the District Gazette, the premises specified in such notice shall cease to be subject to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof and the Government shall not be liable for any claim in respect of such premises for any period after the said date.

Delegation of function of the Government with regard to requisitioning.- The Government may, by notification, direct that any power conferred or any duty imposed on the Government by any of the provisions of the Sections 73 to 78 shall, under such conditions, if any, as may be specified in the direction, be exercised or discharged by such officer or class of officers as may be so specified.

Penalty for contravention of any order of requisitioning.- If any person contravenes any order made under Section 73 or Section 75, he shall be punishable with imprisonment for a term which may extend to one year or with fine, or with both.

Rights of individual member.—

1. (1) Any member may call the attention of the executive authority to any neglect in the execution of Panchayat work, to any waste of Panchayat property, or to the wants of any locality and may suggest any improvements which may appear desirable.
2. (2) Every member shall have the right to move resolutions and to interpellate the President on matters connected with the administration of the Panchayat, subject to such regulations as may be made by the Panchayat.
3. (3) Every member shall have access during office hours to the records of the Panchayat after giving due notice to the executive authority, provided that the executive authority may for reasons recorded in writing refuse such access in any particular case.

No President, Vice President, Chairman, Vice Chairman or Member to receive remuneration.—

1. (1) No President, Vice-President or Member of a Village Panchayat and no Chairman, Vice-Chairman or Member of a Panchayat Union Council or a District Panchayat shall receive, or be paid, from the funds of the Panchayat, any salary or other remuneration for services rendered by him whether in his official capacity or in any other capacity.
2. (2) Nothing contained in sub-section
3. (1) shall prevent the President, Vice-President, Chairman or Vice-Chairman from receiving any honorarium or sitting fee as may be prescribed.

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.

Procedure

Presidency at meetings of Panchayat. -

1. (1) Every meeting of a Panchayat shall be presided over by its President or Chairman, as the case may be, and in his absence by the Vice- President or Vice-Chairman, as the case may be.
2. (2) If the office of the President or Chairman is vacant or if the President or Chairman has been continuously absent from jurisdiction for more than thirty days or is incapacitated, and there is either a vacancy in the office of Vice-President or Vice-Chairman or the Vice-President or Vice-Chairman has been continuously absent from jurisdiction for more than thirty days or is incapacitated, the meeting shall be presided over by a member of the Panchayat chosen by the members present at the meeting to preside for the occasion.

Meetings of Panchayat. -

1. (1) Every Panchayat shall meet for the transaction of business at least once in every month at the office of the Panchayat and at such time as the President or Chairman, as the case may be, may determine.
2. (2) The President or Chairman may, whenever he thinks fit, and shall, upon a written request of not less than one-third of the total number of members of the Panchayat or in the case of a Village Panchayat, at the request of the Inspector, call an extraordinary meeting. (3)
   • (a) No business shall be transacted at any meeting unless there be present at such meeting a quorum which shall be one-third of the total number of members of the Panchayat.
   • (b) If at any meeting, there is no quorum, the President or Chairman shall adjourn the meeting to such hour on such other day as he may deem fit and the business set down for the meeting shall be brought forward at the adjourned meeting, and it shall be lawful to dispose of the business at such adjourned meeting notwithstanding that there is no quorum.
3. (4) Every meeting of the Panchayat shall be open to the public unless the presiding member considers that the public should be excluded during the whole or any part of the meeting.

Members when to abstain from taking part in discussion and voting.- No member of a Panchayat shall vote on, or take part in the discussion of, any question coming up for consideration at a meeting of the Panchayat or of any committee thereof, if the question is one in which, apart from its general application to the public, he has any pecuniary interest direct or indirect.

Minutes of Proceedings.-

1. (1) A copy of the minutes of the proceedings at every meeting of a Panchayat as well as of all minutes of dissent in respect of such proceedings received from any member present at the meeting, shall be communicated to the Inspector, and the Commissioner or the Secretary, as the case may be, in such manner as may be prescribed.
2. (2) The minutes of the proceedings of each meeting shall be drawn up and entered in a book to be kept for that purpose and shall be signed by the President or the Chairman, as the case may be, of the meeting or in his absence by the member who presided at the meeting.

Power of Panchayat to call for records.- A Village Panchayat or Panchayat Union Council or District Panchayat may require the Executive Authority, Commissioner or the

1[Secretary], as the case may be, to furnish any document in his custody and he shall comply with every such requisition.

1.

Proceedings of Panchayat and Committees Proceedings of Panchayat and Committees.-

1. (1) Every Village Panchayat, Panchayat Union Council and District Panchayat and every committee thereof shall cause minutes of the proceedings of the meetings to be entered in a book to be kept for that purpose.
2. (2) The minutes shall contain the names of the members present and of the officer, if any, present at the meeting and the proceedings of each meeting shall be signed by the person who presided at the meeting or the next ensuing meeting.
3. (3) A copy of the minutes of the proceedings of every meeting of a Village Panchayat shall be submitted to the Panchayat Union Council concerned and in the case of Panchayat Union Council, to the District Panchayat concerned and in the case of District Panchayat, to the Inspector, within such time as may be prescribed.
4. (4) A copy of the minutes of the proceedings of every meeting of the Village Panchayat, Panchayat Union Council and District Panchayat shall be published in such manner as may be prescribed.

Appointment of Joint Committees. –

1. (1) A Village Panchayat may, and if so required by the Inspector shall, join with one, or more than one, other local authority in constituting a joint committee for any purpose in which they are jointly interested, or for any matter for which they are jointly responsible.
2. (2) The constitution, powers and procedure of a joint committee and the method of settling differences of opinion arising in connection with the committee between the local authorities concerned shall be such as may be prescribed.
3. (3) Any Joint Committee constituted under sub-section
4. (1) may include persons who are not members of the local authorities concerned, but who, in the opinion of the local authorities concerned, possess special qualifications for serving on such committee.

Committees. –

1. (1) The Panchayat may constitute committees for the purpose of exercising such powers, discharging such duties or performing such functions as the Panchayat may delegate to them.
2. (2) The constitution, powers and procedure of the committees shall be such as may be prescribed.

Standing Committees.–

1. (1) Every Panchayat Union Council or District Panchayat shall constitute Standing Committees for the discharge of its administrative functions.
2. (2) The number and names of the Standing Committees and the functions to be assigned to them shall be such as may be prescribed.
3. (3) Each Standing Committee shall consist of such number of members as may be prescribed, to be elected by the members of the Panchayat Union Council or District Panchayat, as the case may be, from among themselves.
4. (4) The Chairman shall be the ex-officio member and the Chairman of all such Standing Committees.
5. (5) The Standing Committee shall meet at such time and at such places and shall observe such rules of procedure in regard to transaction of business at its meetings as may be prescribed.
6. (6) The Standing Committee shall, in their deliberations, be guided by the principles of all round development of the panchayat area.

Administration reports of Village Panchayats.–

1. (1) The Executive Authority of every Village Panchayat shall prepare a report on its administration for each financial year and submit it to the Village Panchayat for its consideration.
2. (2) After consideration by the Village Panchayat, the report shall be submitted to the Panchayat Union Council and a copy thereof shall be sent to the Inspector.
3. (3) The Village Panchayat shall attach to the report such statements and accounts as may be prescribed.

Administration report of Panchayat Union Councils and District Panchayats.—(1) The Commissioner of every Panchayat Union Council and the Secretary of every District Panchayat shall prepare and furnish to the Government a report on the administration of the Panchayat Union Council or the District Panchayat, as the case may be, during each year, as soon as may be after the close of such year and not later than the prescribed date.

1. (2) The Commissioner or the Secretary, as the case may be, shall prepare the administration report in such form and with such details as the Government may direct.
2. (3) The Panchayat Union Council or the District Panchayat concerned shall consider the administration report and send its resolution thereon to the Government.

Acts of Village Panchayat, Panchayat Union Council and District Panchayat, etc. not to invalidated by infirmity vacancy, etc.—No act of a Village Panchayat, Panchayat Union Council or District Panchayat or of a committee thereof or of any person acting as President, Chairman or member of such Village Panchayat, Panchayat Union Council, District Panchayat or committee shall be deemed to be invalid by reason only of a defect in the establishment or constitution of such Village Panchayat, Panchayat Union Council, District Panchayat or committee or on the ground that the President, Chairman or any member of such Village Panchayat, Panchayat Union Council, District Panchayat or committee was not entitled to hold or continue in such office by reason of any disqualification or by reason of any irregularity or illegality in his election or otherwise or by reason of such act having been done during the period of any vacancy in the office of the President, Chairman or member of such Village Panchayat, Panchayat Union Council, District Panchayat or committee.

Establishment, Powers and Functions of panchayats

Establishment of Panchayats.-

1. (1) Subject to the provisions of this Act, the administration of the affairs of the village panchayats, panchayat union councils and district panchayats shall be carried on by the respective executive authorities or commissioners or secretaries, as the case may be.
2. (2) The Government may, from time to time, create such posts of officers and servants as they consider necessary for the discharge of the duties and functions of the panchayats in the State.
3. (3) The Government may, by general or special order, make provisions for the method of recruitment, conditions of service, pay and allowances and discipline and conduct of the officers and servants referred to in sub-section (2).

Conditions of service of officers and servants of Panchayats.-

1. (1) The Government may, by notification, make rules to regulate the classification, methods of recruitment, conditions of service, salary and allowances, and discipline and conduct of the officers and servants of the panchayats.
2. (2) The rules made under sub-section
3. (1) may provide for the creation of a common cadre or service for the officers and servants of all or any of the panchayats in the State or in any district.
4. (3) Notwithstanding anything contained in this Act, the Government may, by order, determine the strength of the officers and servants of the panchayats and their categories and scales of pay.

Appointment of common officers.- Notwithstanding anything contained in this Act, the Government may direct that the same person shall be the Executive Authority of two or more Village Panchayats or the Commissioner of two or more Panchayat Unions or may appoint a common officer for two or more Village Panchayats or Panchayat Union

Transfer of officers and servants of Village Panchayats and Panchayat Union Councils Transfer of officers and servants of Village Panchayats and Panchayat Union Councils.-

1. (1) Subject to such rules as may be made by the Government in this behalf, the Inspector may transfer any officer or servant of a Village Panchayat or a Panchayat Union Council to any other Village Panchayat or Panchayat Union Council, as the case may be.
2. (2) The Government may transfer any officer or servant of a Village Panchayat or a Panchayat Union Council to any other Village Panchayat or Panchayat Union Council, as the case may be.

Power of Government to transfer officers and servants of District Panchayats. - The Government may, after consultation with the District Panchayats concerned, transfer any officer or servant of a District Panchayat to the service of any other District Panchayat:

Power to punish officers and servants Power to punish officers and servants. -

1. (1) Subject to the provisions of this Act and the rules made thereunder, every officer or servant of a Panchayat shall be liable to such penalties as may be prescribed for any breach of official duty or misconduct or negligence or for any other sufficient cause: Provided that no such penalty shall be imposed unless the person concerned has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.
2. (2) An appeal shall lie to such authority and within such time as may be prescribed against any order imposing a penalty under sub-section (1).

Applicability of certain directions to Public Health Establishment.- The Government may, by notification, direct that all or any of the directions applicable to the Public

Teachers including Headmasters and basic servants in the Panchayat Union Schools to be Government servants Teachers including Headmasters and basic servants in the Panchayat Union Schools to be Government servants.-

1. (1) Notwithstanding anything contained in this Act, and subject to such rules as the Government may make in this behalf, all Teachers (including Headmasters) and basic servants (by whatever name called) working in the Elementary and Middle schools under the administrative control of the Panchayat Union Councils immediately before the date of the commencement of this Act, shall be deemed to be the Government servants under the State Government with effect from such date as may be notified by the Government: Provided that the Government may make rules for the regulation of the conditions of service of such Teachers, Headmasters and basic servants: Provided further that the conditions of service of all such Teachers, Headmasters and basic servants as were applicable to them before the said date shall continue to be applicable to them until they are varied by the Government under this Act.
2. (2) Every person referred to in sub-section
3. (1) shall be entitled, after the date notified under that sub-section, to receive such pay, pension and other retirement benefits as may be determined by the Government.

Health Assistants, Auxiliary Nurses, Mid-wives and Maternity Assistants in Public Health Establishment of Panchayat Union Councils to be Government servants. -

1. (1) Notwithstanding anything contained in this Act, every Health Assistant, Auxiliary Nurse, Mid-wife and Maternity Assistant, performing their duties in the Public Health Establishment of every Panchayat Union Council, shall be deemed to be a Government servant.
2. (2) The terms and conditions of service of such persons shall be such as may be regulated by the rules made by the Government.

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.

Taxation and Finance

Local Cess.-

1. (1) There shall be levied and collected in every Panchayat Village, a local cess at the rate of one rupee on every rupee of land revenue payable to the Government in respect of any land in such village.
2. (2) The local cess shall be levied in the Panchayat Village by the Village Panchayat and shall be collected by such agency and in such manner as may be prescribed.
3. (3) Every Village Panchayat shall be paid the net proceeds of the local cess so collected in its area after deducting the cost of collection as may be prescribed.

Local Cess Surcharge.-

1. (1) Every Panchayat Union Council may, by notification, levy a local cess surcharge on all occupied lands in the Panchayat Union area which are for the time being liable to the payment of land revenue to the Government at such rate as may be considered suitable as an addition to the local cess levied under Section 167: Provided that the rate of local cess surcharge so levied shall not exceed five rupees on every rupee of land revenue payable to the Government in respect of any land.
2. (2) The local cess surcharge shall be levied in the Panchayat Union area by the Panchayat Union Council and shall be collected by such agency and in such manner as may be prescribed.
3. (3) The proceeds of the local cess surcharge collected in the Panchayat Union area shall be credited to the Panchayat Union Fund.

Rules regarding collection of Local cess, Local Cess Surcharge and Surcharge on the Duty on transfers of property.— The Government may make rules—

1. (a) for the collection of the Local cess, Local Cess Surcharge and Surcharge on the Duty on transfers of property under this Act;
2. (b) for the apportionment of the proceeds of the Local cess, Local Cess Surcharge and Surcharge on the Duty on transfers of property between the Panchayat Union Council and the Village Panchayat;
3. (c) as to the manner in which, and the person by whom, the accounts relating to the Local cess, Local Cess Surcharge and Surcharge on the Duty on transfers of property shall be kept and inspected.

Land Revenue Assignment.—

1. (1) The Government shall pay to the Panchayat Union Council concerned and the District Panchayat concerned, an annual assignment of such portion of the Land Revenue collected in the State as may be determined by the Government, by notification.
2. (2) The Government may also pay to the Panchayat Union Council concerned and the District Panchayat concerned additional grants as they may deem fit for the purpose of carrying out the functions entrusted to the panchayats under this Act.

Taxes leviable by Village Panchayats.—(1) A Village Panchayat may levy in the Panchayat village—

1. (a) a house-tax;
2. (b) a tax on agricultural land for a specific purpose;
3. (c) a tax on land and buildings (other than agricultural land), save in the areas where the house-tax is levied;
4. (d) a local cess at such rate as may be fixed by the Government;
5. (e) a levy of fees on the commercial crops bought or sold in the Panchayat village, for the purpose of the Village Panchayat;
6. (f) a fee for the registration of cattle brought for sale in any fair or cattle stand.

1. (2) A Village Panchayat may also levy in the Panchayat village such other taxes and fees as may be prescribed.
2. (3) The levy of taxes and fees under sub-sections
3. (1) and
4. (2) shall be subject to such rules as may be prescribed.

House-tax.—(1) The house-tax mentioned in clause

1. (a) of sub-section

1. (1) of Section 171 shall, subject to such rules as may be prescribed, be levied on all houses in the Panchayat village on such of the following systems as the Village Panchayat may adopt, namely:—
   • (a) a system of rates;
   • (b) a classification system; Provided that the house-tax shall be levied on all houses in the Panchayat village on a graduated scale or at a flat rate as the Village Panchayat may decide.
2. (2) The house-tax shall be paid by the owner of the house.
3. (3) The Village Panchayat may, by notification, exempt any house which is used exclusively for charitable purposes or for the purpose of public worship, from the tax.
4. (4) The house-tax shall be paid by the owner or occupier in such manner and within such time as may be prescribed.
5. (5) The Government may make rules—
   • (a) for the regulation of the levy of house-tax;
   • (b) for the revision of the classification of houses;
   • (c) for the assessment of taxes;
   • (d) for the exemption of houses from the tax;
   • (e) for the recovery of taxes.
6. (6) Any person may appeal to the Village Panchayat against the assessment of the house-tax in such manner and within such time as may be prescribed. [***] Omitted by Tamil Nadu Act 29 of 1995

¹⁷³ Omitted by Tamil Nadu Act 29 of 1995

Appeal against assessments.—(1) An appeal shall lie to the Panchayat against any assessment made or against any order passed by the executive authority under any provision of this Act or any rule or bye-law made thereunder, in respect of any tax, fee or other sum due to the Panchayat.

1. (2) Every such appeal shall be preferred by the person concerned within thirty days from the date of receipt of the bill or notice of assessment or the order, as the case may be, and shall be in such form and accompanied by such fee as may be prescribed.
2. (3) The order passed by the Panchayat upon such appeal shall be final: Provided that the appellate authority may, of its own motion or on application, call for and examine the record of any appeal filed under this section to satisfy itself as to the correctness of the order passed and may pass such order as it thinks fit: Provided further that no order shall be passed by the appellate authority under the preceding proviso, which will adversely affect any person unless such person has been given a reasonable opportunity of being heard.
3. (4) The preferring of an appeal under this section shall not, except where the appellate authority otherwise directs, stay the collection of the tax, fee or other sum due to the Panchayat.

Duty on transfer of property.— (1)

1. (a) The duty on transfers of property shall be levied in the form of a surcharge on the duty imposed by the Indian Stamp Act, 1899 (Central Act II of 1899), on every instrument of the description specified below, which relates to immovable property situated within the limits of a Panchayat Village: Provided that no such surcharge shall be levied where the amount or value of the consideration for the sale, or the amount secured by the mortgage, or the value of the property in the case of a gift or exchange or lease in perpetuity, as the case may be, does not exceed one hundred rupees.
2. (b) The surcharge shall be at such percentage, not exceeding five per centum, as the Government may, by notification, from time to time specify, on the amount or value of the consideration for the sale, or the amount secured by the mortgage, or the value of the property in the case of a gift, or the value of the property or the amount secured by the mortgage, as the case may be, as set forth in the instrument.

1. (2) On every instrument of the description specified below, which relates to immovable property situated within the limits of any village panchayat and which is presented for registration under the Indian Stamp Act, 1899 (Central Act II of 1899), the duty on transfers of property shall be charged by the Collector of the district in accordance with the provisions of this Act— Description of instrument
   • (i) Sale of immovable property;
   • (ii) Mortgage with possession of immovable property;
   • (iii) Gift of immovable property;
   • (iv) Exchange of immovable property;
   • (v) Lease in perpetuity of immovable property.
2. (3) The Government may make rules for regulating the collection of the surcharge on the duty on transfers of property, the payment thereof to the Village Panchayat and the deduction of any expenses incurred by the Government in the collection thereof.

Exemption.— The Government may, by notification, exempt any instrument or class of instruments from the surcharge on the duty on transfers of property referred to in Section 175.

Power to require land revenue staff to collect taxes and fees due to Village Panchayats.-

1. (1) Subject to such rules as may be prescribed, the Village Panchayat may require the Village Administrative Officer or such other land revenue staff as the District Collector may specify in this behalf, to collect any tax or fee due to the Village Panchayat on payment of such remuneration as may be determined by the Government.
2. (2) The Village Administrative Officer or such other land revenue staff shall collect such tax or fee and remit the same to the Village Panchayat fund in such manner as may be prescribed.

Write-off of irrecoverable amounts.- Subject to such restrictions and control as may be prescribed, a Village Panchayat, Panchayat Union Council or District Panchayat may write off any tax, fee or other amount due to it, if in its opinion, such tax, fee or amount is irrecoverable.

Local Education Grant –

1. (1) The Government shall pay annually to each Panchayat Union Council a Local Education Grant.
2. (2) The Local Education Grant shall be calculated in such manner as may be prescribed.
3. (3) The Local Education Grant shall be utilized for the promotion of elementary education in such manner as may be prescribed. [***] Omitted by Tamil Nadu Act 30 of 1999

¹⁸⁰ Omitted by Tamil Nadu Act 30 of 1999

Classification of Panchayat Development Blocks.—(1) The Government may, by notification, classify the Panchayat Development Blocks into such grades as may be prescribed, for the purpose of effective administration and for the purpose of providing grants: Provided that the Government may, by notification, alter the classification of any Panchayat Development Block so made.

1. (2) Every such notification shall be laid before the Legislative Assembly as soon as may be after it is published. [***] Omitted by Tamil Nadu Act 30 of 1999 [***] Omitted by Tamil Nadu Act 30 of 1999 [***] Omitted by Tamil Nadu Act 30 of 1999

¹⁸² Omitted by Tamil Nadu Act 30 of 1999

¹⁸³ Omitted by Tamil Nadu Act 30 of 1999

¹⁸⁴ Omitted by Tamil Nadu Act 30 of 1999

Constitution of Panchayat Union Fund and Village Panchayat Fund. —

1. (1) There shall be constituted for every Panchayat Union a fund to be called the Panchayat Union Fund.
2. (2) There shall be constituted for every Village Panchayat a fund to be called the Village Panchayat Fund.

Panchayat Union (General) Fund. — The receipts of the Panchayat Union Council shall be credited to the Panchayat Union (General) Fund and shall be applied to the payment of:—

1. (a) the contributions, if any, owing to the State Government on account of the services of officers and servants lent to the Panchayat Union Council;
2. (b) the salaries and allowances of the officers and servants of the Panchayat Union Council;
3. (c) any amounts falling due on any loans contracted by the Panchayat Union Council;
4. (d) the cost of the construction, repairing and maintenance of such of the public roads and buildings as the Panchayat Union Council is in charge of;
5. (e) the expenses of the Panchayat Union Council in respect of any public meeting or election;
6. (f) any expenses incurred by the Panchayat Union Council in the discharge of duties imposed on it by this Act or by any other law;
7. (g) such sum or sums as may be required to be paid to the Village Panchayat Fund under this Act; and
8. (h) all other expenses duly authorised by the Panchayat Union Council.

Panchayat Union (Education) Fund. —

1. (1) The Panchayat Union Council shall constitute a separate fund to be called the "Panchayat Union (Education) Fund".
2. (2) There shall be credited to the said fund—
   • (a) such portion of the Panchayat Union General Fund as the Government may, from time to time, direct;
   • (b) the Local Education Grant;
   • (c) all contributions received from Village Panchayats or other local authorities for the purpose of education;
   • (d) all income derived from endowments or other property owned or managed by the Panchayat Union Council for the benefit of schools;
   • (e) all fines and penalties levied under this Act or any other law for the time being in force, in respect of offences relating to education;
   • (f) all other sums of money received by the Panchayat Union Council for the purposes of education.
3. (3) The said fund shall be applied for the promotion of education within the jurisdiction of the Panchayat Union Council.

Village Panchayat Fund. —

1. (1) All moneys received by the Village Panchayat shall constitute a fund which shall be called the "Village Panchayat Fund".
2. (2) The Village Panchayat Fund shall be applied subject to the provisions of this Act and general or special orders of the Government, for the purposes of this Act within the limits of the Village Panchayat area.
3. (3) The Village Panchayat Fund shall include—
   • (a) all taxes, cesses, fees and other income of the Village Panchayat;
   • (b) all contributions received from the Government, the Panchayat Union Council, or any other local authority;
   • (c) all sums received as loan or grant from the Government;
   • (d) all income derived from any trust or endowment managed by the Village Panchayat;
   • (e) all fines and penalties imposed under this Act, or any rule, bye-law or regulation made thereunder;
   • (f) all other sums received by the Village Panchayat whether in the course of the performance of its functions or otherwise.

District Panchayat (General) Fund. -

1. (1) Every District Panchayat shall establish and maintain a fund to be called the "District Panchayat (General) Fund".
2. (2) The following shall be credited to the District Panchayat (General) Fund, namely:—
   • (a) the contributions, if any, from the Panchayat Union Councils;
   • (b) the grants made by the Government;
   • (c) the sums transferred to the District Panchayat Fund from the State Consolidated Fund;
   • (d) all sums received as gifts or contributions for works of public utility or endowments made by the Government or local bodies or private individuals;
   • (e) the amounts borrowed by the District Panchayat;
   • (f) all proceeds from the disposal of property by or on behalf of the District Panchayat;
   • (g) all fees and penalties paid to or levied by or on behalf of the District Panchayat under this Act or any other law;
   • (h) all interest, profits and other moneys given by trading investments or other financial operations of the District Panchayat;
     • (i) all other sums received by or on behalf of the District Panchayat.
3. (3) The District Panchayat (General) Fund shall be vested in the District Panchayat.

Application of moneys received and expenditure from funds. -

1. (1) All moneys received by a Panchayat shall be applied subject to the provisions of this Act and for the purposes thereof.
2. (2) The District Panchayat may incur expenditure from the District Panchayat (General) Fund for the purpose of the administration of its affairs and for the purposes provided for in this Act.

Expenditure from Village Panchayat Fund and Panchayat Union Fund.—

1. (1) The purposes to which the Village Panchayat Fund and the Panchayat Union Fund may be applied, include—
   • (a) the construction, repair and maintenance of village roads, drains, bunds and bridges;
   • (b) the lighting of public roads and public places;
   • (c) the construction of public latrines and the arrangements for the cleaning of streets and improvements of sanitary conditions;
   • (d) the maintenance of burial and burning grounds;
   • (e) the supply of water for drinking purposes;
   • (f) the maintenance of common dispensaries, child welfare centres and other health institutions;
   • (g) the opening and maintenance of public markets and cart-stands;
   • (h) the construction of administrative buildings and other buildings for public use;
     • (i) the maintenance of libraries and reading rooms;
   • (j) the implementation of rural development programmes entrusted to the Village Panchayat or Panchayat Union Council, as the case may be;
   • (k) the payment of salaries, allowances, pension and other contributions to the officers and servants employed by the Village Panchayat or Panchayat Union Council;
   • (l) any other measure for the promotion of public health, safety and convenience; and
   • (m) any other public purpose which the Village Panchayat or the Panchayat Union Council may, with the approval of the Government, direct.
2. (2) Every order made under sub-section
3. (1) shall be published in such manner as may be prescribed.
4. (3) The Village Panchayat and the Panchayat Union Council shall set aside annually such sum as may be prescribed for the maintenance of charitable and other institutions and for the balance of the fund to be utilized for such purposes as may be prescribed.

Preparation and sanction of Budgets.—

1. (1) The Executive Authority of the Village Panchayat and the Commissioner of the Panchayat Union Council shall, in each year, prepare and place before the Village Panchayat or the Panchayat Union Council, as the case may be, in such form and within such time as may be prescribed, a budget containing the estimate of income and expenditure for the forthcoming year.
2. (2) The Village Panchayat or the Panchayat Union Council shall, after considering the budget, sanction the same with or without modifications.
3. (3) The budget so sanctioned shall be submitted to the Inspector in the case of Village Panchayat and to the District Panchayat in the case of Panchayat Union Council, for information.
4. (4) If the Village Panchayat or the Panchayat Union Council fails to sanction the budget within the prescribed time, the Executive Authority or the Commissioner shall submit the budget to the Inspector or the District Panchayat, as the case may be, who shall sanction the same with such modifications as he deems fit.
5. (5) The Government may, by rules, provide for the preparation, submission and sanction of supplementary budgets.

Appointment of Auditors. -

1. (1) The Government shall appoint auditors of the accounts of the receipts and expenditure of the funds of the Village Panchayat, Panchayat Union Council and District Panchayat.
2. (2) Auditors appointed under sub-section
3. (1) shall have access to all the books, accounts, vouchers, documents and other materials in the possession, or under the control, of the Village Panchayat, Panchayat Union Council or District Panchayat or the Executive Authority or Commissioner or the Secretary, as the case may be.
4. (3) The Village Panchayat, Panchayat Union Council and District Panchayat shall publish the audit report in such manner as may be prescribed.
5. (4) The audit report shall also contain a statement of any material impropriety or irregularity which may be observed in the accounts and of any loss or waste of money or other property owned by, or vested in, the Village Panchayat, Panchayat Union Council or District Panchayat which has been caused or facilitated by breach of duty or other misconduct on the part of any person.

Contribution to expenditure by other Local Authorities. - If the expenditure incurred by the Government or by any other local authority in connection with any work for the purpose of this Act is such as to benefit the inhabitants of the area within the jurisdiction of a Village Panchayat, Panchayat Union Council or District Panchayat, the Village Panchayat, Panchayat Union Council or District Panchayat, as the case may be, may, if authorized by this Act, and shall, if directed by the Government, make a contribution towards such expenditure.

Recovery of loans and advances made by Government. —

1. (1) Notwithstanding anything contained in this Act, if a Panchayat fails to make any payment in respect of any loan or advance made by the Government, the Government may make an order directing the person having the custody of the balance of the Village Panchayat Fund or the Panchayat Union Fund, or the District Panchayat Fund, as the case may be, to pay the portion of such loan or advance out of such balance as he may from time to time consider necessary to meet the amount due.
2. (2) Every person to whom an order is issued under sub-section (1), shall be bound to comply with such order.

Application of certain sections of this Act to District Panchayat. — The provisions of sections 190, 191, 192, 193, 194 and 195 shall, as far as may be, apply in relation to the District Panchayat as they apply in relation to the Panchayat Union Council and any reference to "Panchayat Union Council" and "Panchayat Union Fund" in the said sections shall be deemed to be a reference to the "District Panchayat" and "District Panchayat General Fund", respectively.

Certain powers and functions of District Panchayat to be notified by the Government.— The Government may, by notification, entrust to the District Panchayat such powers and functions as they may deem fit, relating to developmental activities, which are being exercised by the Government departments at the district level.

Finance Commission.—

1. (1) The Governor shall, as soon as may be, within one year from the commencement of the Constitution (Seventy-third Amendment) Act, 1992, and thereafter at the expiration of every fifth year, constitute a Finance Commission to review the financial position of the Panchayats and to make recommendations to the Governor as to,—
   • (a) the principles which should govern—
     • (i) the distribution between the State and the Panchayats of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them under this Act and the allocation between the Panchayats at all levels of their respective shares of such proceeds;
     • (ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the Panchayats;
     • (iii) the grants-in-aid to the Panchayats from the Consolidated Fund of the State;
   • (b) the measures needed to improve the financial position of the Panchayats;
   • (c) any other matter referred to the Finance Commission by the Governor in the interests of sound finance of the Panchayats.
2. (2) The Finance Commission shall consist of such number of members having such special qualifications and shall be appointed in such manner as may be prescribed.
3. (3) The Commission shall determine their procedure and shall have such powers in the performance of their functions as the Governor may, by notification, confer on them.
4. (4) The Governor shall cause every recommendation made by the Commission under this section together with an explanatory memorandum as to the action taken thereon to be laid before the Legislative Assembly.

Controlling Authorities

Appointment of officers to supervise Panchayats.—

1. (1) The Government may appoint such officers as they may think fit for the purpose of inspecting or superintending the operations of all or any of the Panchayats constituted under this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, the

Powers of Inspecting Officers Powers of Inspecting Officers.— Any officer appointed by the Government under Section 199 or any other officer authorized by the Government may—

1. (a) enter on and inspect any immovable property, or any work in progress, under the control of any Panchayat or any institution maintained by or under the control of any Panchayat;
2. (b) enter on and inspect any office of any Panchayat;
3. (c) require any Panchayat to furnish such statements, accounts, reports or copies of documents relating to the proceedings or duties of the Panchayat, as he may think fit;
4. (d) record in writing for the consideration of any Panchayat any observations in regard to the proceedings or duties of such Panchayat.

Powers of officers for purpose of control.-

1. (1) The Inspector or any officer or person whom the Government or the Inspector may empower in this behalf, may enter on and inspect, or cause to be entered on and inspected, any immovable property or any work in progress under the control of any Panchayat or any institution under its control and management or any register, book, accounts or other documents in the possession or under the control of such Panchayat.
2. (2) The Inspector or any other person empowered by the Government in this behalf may -
   • (a) call for any document in the possession or under the control of a Panchayat;
   • (b) require a Panchayat to furnish such statements, accounts, reports or copies of documents relating to the proceedings or duties of the Panchayat as he may think fit;
   • (c) move the Panchayat for the consideration of any matter which he considers necessary;
   • (d) inspect any office of a Panchayat or any records or registers therein.

Powers to suspend or cancel resolution, etc. under the Act.-

1. (1) The Inspector may, by order in writing, -
   • (i) suspend or cancel any resolution passed, order issued, or licence or permission granted, or
   • (ii) prohibit the doing of any act which is about to be done or is being done in pursuance or under colour of this Act, if, in his opinion, -
   • (a) such resolution, order, licence, permission or act has not been legally passed, issued, granted or authorized; or
   • (b) such resolution, order, licence, permission or act is in excess of the powers conferred by this Act or any other law; or
   • (c) the execution of such resolution or order, or the continuance in force of such licence or permission or the doing of such act is likely to cause danger to human life, health or safety, or is likely to lead to a riot or affray.
2. (2) The Inspector shall, before taking action under sub-section (1), give the Panchayat an opportunity for explanation.
3. (3) The power conferred on the Inspector under sub-section
4. (1) may also be exercised by the Government.

Emergency powers of Collector and Inspector. – The Collector or the Inspector may, by order in writing, suspend or prohibit the execution of any resolution passed, order issued, or licence or permission granted or prohibit the doing of any act which is about to be done or is being done in pursuance of or under colour of this Act, if, in his opinion, the resolution, order, licence, permission or act is in excess of the powers conferred by law or the execution of such resolution or order, or the doing of such act is likely to cause danger to human life, health or safety, or is likely to lead to a riot or affray: Provided that nothing in this section shall enable the Collector or the Inspector to set aside any resolution which has been passed by the Panchayat concerned, without giving the Panchayat an opportunity to explain.

Power to take action in default of a Village Panchayat, President or Executive Authority, etc. –

1. (1) If at any time it appears to the Inspector that a Village Panchayat, President or Executive Authority or to the Government that a Panchayat Union Council or District Panchayat, Chairman or Commissioner or Secretary has made default in performing any duty imposed by or under this Act or any other law, he or they may, by order in writing, fix a period for the performance of such duty.
2. (2) If such duty is not performed within the period so fixed, the Inspector or the Government, as the case may be, may appoint some person to perform it, and may direct that the expense of performing it shall be paid, within such time as he or they may fix, to the Government by the Village Panchayat, Panchayat Union Council or District Panchayat.
3. (3) If the expense is not so paid, the Inspector or the Government, as the case may be, may direct the person having the custody of the Village Panchayat Fund, Panchayat Union Fund or District Panchayat Fund, as the case may be, to pay such expense from such fund.

Removal of President.—(1) The Inspector—

1. (a) may, by notification and with effect from a date to be specified therein, remove any president who willfully omits or refuses to carry out or disobeys the provisions of this Act or any rules, by-laws, regulations or lawful orders issued thereunder, or abuses his powers or is guilty of misconduct in the discharge of his duties;
2. (b) shall, by notification and with effect from a date to be specified therein, remove any president who, in his opinion, has been guilty of any disgraceful conduct or has become incapable of performing his duties.

1. (2) The Inspector shall, before taking action under sub-section (1), give the president an opportunity for explanation and shall record the reasons for the action taken.
2. (3) A president removed from his office under this section shall not be eligible for re-election as president for a period of three years from the date of his removal.
3. (4) "The person who is a president of a Village Panchayat shall cease to hold the office as such, if the Village Panchayat by a resolution decides to remove him from the office of President, by a majority of two-thirds of the sanctioned strength of the Village Panchayat."
4. (5) "Notwithstanding anything contained in this Act, the Inspector shall, if the Village Panchayat by a resolution decides to remove the President under sub-section (4), call for the records of the Village Panchayat and pass an order of removal of the President."

Removal of Vice-President.—(1) The Inspector may, by notification and with effect from a date to be specified therein, remove any vice-president who willfully omits or refuses to carry out or disobeys the provisions of this Act or any rules, by-laws, regulations or lawful orders issued thereunder, or abuses his powers or is guilty of misconduct in the discharge of his duties.

1. (2) The Inspector shall, before taking action under sub-section (1), give the vice-president an opportunity for explanation and shall record the reasons for the action taken.
2. (3) A vice-president removed from his office under this section shall not be eligible for re-election as vice-president for a period of three years from the date of his removal.

Removal of Chairman of Panchayat Union Council.—(1) The Inspector—

1. (a) shall, if a resolution for the removal of the Chairman of a Panchayat Union Council is passed by the Panchayat Union Council with the support of not less than two-thirds of the sanctioned strength of the Panchayat Union Council; and
2. (b) may, if he is satisfied that the Chairman has abused his power or habitually failed to perform his duties and that such Chairman has not shown cause against the proposed removal, by order, remove the Chairman from office.

1. (2) A copy of the order of removal under sub-section
2. (1) shall be communicated to the Chairman and the Panchayat Union Council.
3. (3) The Chairman shall be removed from the office only after he has been given a reasonable opportunity of showing cause against the proposed removal.
4. (4) Any person removed under sub-section
5. (1) from the office of Chairman shall also cease to be a member of the Panchayat Union Council.

Removal of Vice-Chairman of Panchayat Union Council.—(1) The Inspector—

1. (a) shall, if a resolution for the removal of the Vice-Chairman of a Panchayat Union Council is passed by the Panchayat Union Council with the support of not less than two-thirds of the sanctioned strength of the Panchayat Union Council; and
2. (b) may, if he is satisfied that the Vice-Chairman has abused his power or habitually failed to perform his duties and that such Vice-Chairman has not shown cause against the proposed removal, by order, remove the Vice-Chairman from office.

1. (2) A copy of the order of removal under sub-section
2. (1) shall be communicated to the Vice-Chairman and the Panchayat Union Council.
3. (3) The Vice-Chairman shall be removed from the office only after he has been given a reasonable opportunity of showing cause against the proposed removal.
4. (4) Any person removed under sub-section
5. (1) from the office of Vice-Chairman shall also cease to be a member of the Panchayat Union Council.

Removal of Chairman of District Panchayat.-

1. (1) The Government may, by notification and with the previous approval of the Legislative Assembly, remove the Chairman of the District Panchayat, who willfully omits or refuses to carry out or disobeys the provisions of this Act or any rules, bye-laws, regulations, or lawful orders issued thereunder, or abuses his powers or is found guilty of misconduct in the discharge of his duties.
2. (2) The Government shall, before issuing a notification under sub-section (1), give the Chairman of the District Panchayat a reasonable opportunity to show cause against the proposed removal and shall consider the explanation and objections, if any, of the Chairman of the District Panchayat.
3. (3) A Chairman of the District Panchayat removed from his office under this section shall not be eligible for re-election as Chairman of the District Panchayat for a period of three years from the date of his removal.

Removal of Vice-Chairman of District Panchayat.-

1. (1) The Government may, by notification, remove the Vice-Chairman of the District Panchayat, who willfully omits or refuses to carry out or disobeys the provisions of this Act or any rules, bye-laws, regulations, or lawful orders issued thereunder, or abuses his powers or is found guilty of misconduct in the discharge of his duties: Provided that the Government shall, before issuing a notification under this sub-section, give the Vice-Chairman of the District Panchayat a reasonable opportunity to show cause against the proposed removal and shall consider the explanation and objections, if any, of the Vice-Chairman of the District Panchayat.
2. (2) A Vice-Chairman of the District Panchayat removed from his office under this section shall not be eligible for re-election as Vice-Chairman of the District Panchayat for a period of three years from the date of his removal.

Motion of no confidence in Vice President of Village Panchayat.-

1. (1) A motion of no confidence in the Vice President of a Village Panchayat may be made by sending a notice thereof signed by such number of members of the Village Panchayat as shall constitute not less than one-half of the sanctioned strength of the Village Panchayat, to the Inspector.
2. (2) The Inspector shall, within thirty days of the receipt of the notice referred to in sub-section (1), convene a meeting for the consideration of the motion at the office of the Village Panchayat at a time appointed by him.
3. (3) The Inspector shall preside at the meeting convened under this section and no other person shall preside thereat.
4. (4) A motion of no confidence under this section shall be carried only by the votes of not less than three-fifths of the sanctioned strength of the Village Panchayat.
5. (5) If the motion of no confidence is carried, the Vice President shall cease to hold office as such, forthwith.
6. (6) If the motion of no confidence is not carried or if the meeting could not be held for want of a quorum, no notice of any subsequent motion of no confidence in the same Vice President shall be received until after the expiry of six months from the date of the meeting.

Motion of no confidence in Chairman or Vice Chairman of Panchayat Union Council.-

1. (1) A motion of no confidence in the Chairman or Vice Chairman of a Panchayat Union Council may be made by sending a notice thereof signed by such number of members of the Panchayat Union Council as shall constitute not less than one-half of the sanctioned strength of the Panchayat Union Council, to the Inspector.
2. (2) The Inspector shall, within thirty days of the receipt of the notice referred to in sub-section (1), convene a meeting for the consideration of the motion at the office of the Panchayat Union Council at a time appointed by him.
3. (3) The Inspector shall preside at the meeting convened under this section and no other person shall preside thereat.
4. (4) A motion of no confidence under this section shall be carried only by the votes of not less than three-fifths of the sanctioned strength of the Panchayat Union Council.
5. (5) If the motion of no confidence is carried, the Chairman or Vice Chairman shall cease to hold office as such, forthwith.
6. (6) If the motion of no confidence is not carried or if the meeting could not be held for want of a quorum, no notice of any subsequent motion of no confidence in the same Chairman or Vice Chairman shall be received until after the expiry of six months from the date of the meeting.

Motion of no confidence in Chairman or Vice Chairman of District Panchayat. -

1. (1) Where a motion of no confidence has been moved against the Chairman or Vice Chairman of a District Panchayat, the notice of the motion shall be signed by not less than one-third of the total number of members of the District Panchayat and shall be delivered in person by any two of the members signing the notice, to the Inspector.
2. (2) A copy of the notice of the motion shall be sent by the Inspector to the Chairman or Vice Chairman concerned.
3. (3) The Inspector shall convene a meeting for the consideration of the motion at the office of the District Panchayat on a date appointed by him which shall not be later than thirty days from the date on which the notice under sub-section
4. (1) is delivered to him.
5. (4) The Inspector shall preside over the meeting convened under this section and no other person shall preside thereat.
6. (5) A meeting convened under this section shall not for any reason be adjourned.
7. (6) As soon as the meeting convened under this section has commenced, the Inspector shall read to the District Panchayat the motion for the consideration of which the meeting has been convened and call upon the members to speak to the motion.
8. (7) Any amendment to the motion of no confidence shall not be moved.
9. (8) A debate on the motion shall not be adjourned.
10. (9) The Inspector shall not speak on the merits of the motion and he shall not be entitled to vote thereat.
11. (10) A copy of the minutes of the meeting shall be caused to be published by the Inspector in the District Gazette and the motion shall be deemed to have been carried on its being passed by a majority of the sanctioned strength of the District Panchayat.
12. (11) If the motion is carried, the Chairman or Vice Chairman shall forthwith resign his office or be removed by the Government by notification.
13. (12) If the motion is not carried by such a majority as aforesaid, or if the meeting could not be held for want of a quorum, no notice of any subsequent motion of no confidence in the same Chairman or Vice Chairman shall be received until after the expiry of six months from the date of the meeting.

Dissolution of Village Panchayat. -

1. (1) If, in the opinion of the Government, a Village Panchayat is not competent to perform or persistently makes default in performing the duties imposed on it by law, or abuses its powers, the Government may, by notification, dissolve such Village Panchayat with effect from a specified date and until it is reconstituted in accordance with the provisions of this Act: Provided that before issuing a notification under this sub-section, the Government shall give the Village Panchayat a reasonable opportunity for showing cause against the proposal and shall consider the explanations and objections, if any, of the Village Panchayat.
2. (2) On such date as may be specified in the notification of dissolution under sub-section (1)—
   • (a) all the members of the Village Panchayat as well as its President and Vice-President shall forthwith vacate their offices;
   • (b) all or any of the functions of the Village Panchayat and of its President may, until the Village Panchayat is reconstituted, be exercised and performed by such person or persons as the Government may appoint in this behalf, and any such person or persons shall receive remuneration for the Panchayat Fund.
3. (3) On the dissolution of the Village Panchayat under sub-section (1), the Government shall reconstitute the Village Panchayat in accordance with the provisions of this Act.
4. (4) The election to reconstitute the Village Panchayat shall be completed in accordance with the provisions of this Act as soon as may be, and in any case, before the expiration of a period of six months from the date of such dissolution: Provided that where a Village Panchayat is dissolved within six months before the expiration of the period of five years from the date appointed for its first meeting, it shall not be necessary to hold any election to such Village Panchayat under this sub-section.

Dissolution of Panchayat Union Council.—(1) If, in the opinion of the Government, a Panchayat Union Council is not competent to perform or persistently makes default in performing the duties imposed on it by law or exceeds or abuses its powers, the Government may, by notification, direct that the Panchayat Union Council shall be dissolved with effect from a specified date and reconstituted either immediately or with effect from another specified date.

1. (2) Before publishing a notification under sub-section (1), the Government shall communicate to the Panchayat Union Council the grounds on which they propose to do so, fix a reasonable period for the Panchayat Union Council to show cause against the proposal and consider its explanation or objections, if any.
2. (3) On the date fixed for the dissolution of the Panchayat Union Council under sub-section (1), all its members as well as its Chairman and Vice-Chairman shall forthwith be deemed to have vacated their offices.
3. (4) During the interval, if any, between the dissolution and the reconstitution of the Panchayat Union Council, all or any of the powers and duties of the Panchayat Union Council and of its Chairman may be exercised and performed by such person as the Government may appoint in this behalf.
4. (5) The members of the reconstituted Panchayat Union Council shall enter upon their offices on the date fixed for the reconstitution.
5. (6) Any vacancy in the office of Chairman or Vice-Chairman of a Panchayat Union Council occurring before the date of its dissolution shall be filled by election, but no vacancy in such office occurring on or after the date of such dissolution shall be filled.

Dissolution of District Panchayat.—(1) If, in the opinion of the Government, a District Panchayat is not competent to perform or persistently makes default in performing the duties imposed on it by law, or exceeds or abuses its powers, the Government may, by notification, direct that the District Panchayat shall be dissolved with effect from a specified date and reconstituted either immediately or with effect from another specified date.

1. (2) Before publishing a notification under sub-section (1), the Government shall communicate to the District Panchayat the grounds on which they propose to do so, fix a reasonable period for the District Panchayat to show cause against the proposal and consider its explanation or objections, if any.
2. (3) On the date fixed for the dissolution of the District Panchayat under sub-section (1), all its members as well as its Chairman and Vice-Chairman shall forthwith be deemed to have vacated their offices.
3. (4) During the interval, if any, between the dissolution and the reconstitution of the District Panchayat, all or any of the powers and duties of the District Panchayat and of its Chairman may be exercised and performed by such person as the Government may appoint in this behalf.
4. (5) The members of the reconstituted District Panchayat shall enter upon their offices on the date fixed for the reconstitution.
5. (6) Any vacancy in the office of Chairman or Vice-Chairman of a District Panchayat occurring before the date of its dissolution shall be filled by election, but no vacancy in such office occurring on or after the date of such dissolution shall be filled.

Powers of officers acting on behalf of Panchayat and liability for payment of compensation.—(1) The officers and servants of the Government or of any other local authority acting on behalf of a Panchayat under this Act shall, subject to such general or special orders as may be issued by the Director or the Government in this behalf, exercise such powers and perform such functions and discharge such duties as have been conferred or imposed on the executive authority or, as the case may be, the Panchayat under this Act.

1. (2) No suit, prosecution or other legal proceedings shall lie against any officer or servant of the Government or of any local authority for any damage or loss caused or likely to be caused by any act which is in good faith done or intended to be done in pursuance of this Act or of any rule or order made or issued thereunder.
2. (3) The Panchayat shall be liable for payment of compensation for any damage sustained by any person in consequence of the exercise of any powers by the officers or servants of the Government or any other local authority acting on its behalf under this Act: Provided that the Panchayat shall not be liable for the payment of compensation if the damage is caused by any act done in good faith by any officer or servant of the Government or any other local authority acting under this Act.

Delegation of powers.—(1) The Government may, by notification, authorize any officer or authority to exercise any of the powers vested in them by this Act, except the power to make rules.

1. (2) The Inspector or the District Collector may, by notification, delegate to any officer or authority subordinate to him all or any of the powers vested in him by this Act, except the power of revision.
2. (3) The Village Panchayat, Panchayat Union Council or District Panchayat may, by resolution, delegate to the President, Chairman, Executive Authority or Commissioner, or to any committee or any officer, all or any of the powers vested in it by this Act or the rules made thereunder.
3. (4) The exercise of any power delegated under this section shall be subject to such restrictions and conditions as may be specified in the notification or order of delegation and shall also be subject to control and revision by the delegating authority.

Revision. — The Government may, after consulting the District Panchayat or Panchayat Union Council or Village Panchayat, as the case may be, and the Inspector, at any time, with a view to satisfying themselves that the order passed or proceeding taken by any authority under this Act has been passed or taken in accordance with law, call for and examine the record relating to such order or proceeding and may pass such order in reference thereto as they think fit: Provided that no order prejudicial to any person shall be passed under this section unless such person has been given an opportunity of making his representation.

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.

Penalties

Penalties for breach of Rules.–

1. (1) In making any rule under this Act, the Government may provide that a breach thereof shall be punishable with fine which may extend to five hundred rupees, or in case of a continuing breach, with fine not exceeding fifty rupees for every day during which the breach continues after conviction for the first breach.
2. (2) Any such rule may also provide that the person convicted shall be required to remedy, so far as may be, the mischief, if any, caused by the breach.

Bye-laws and penalties for their breach.–

1. (1) Subject to the provisions of this Act and of any other law and to such rules as may be prescribed, a Village Panchayat or a Panchayat Union Council may, with the approval of the Inspector, make bye-laws for carrying out any of the purposes for which it is constituted.
2. (2) A Village Panchayat or a Panchayat Union Council may, by bye-laws, provide that any person who contravenes the provisions of any bye-law shall be punishable with fine which may extend to two hundred rupees, and in case of a continuing breach, with fine which may extend to fifty rupees for every day during which the breach continues after conviction for the first breach.
3. (3) The power to make bye-laws under this section shall be subject to the condition of previous publication.

General provisions regarding penalties specified in the schedules.-

1. (1) The punishments for the offences specified in the Schedule-I shall be as indicated in the fourth column thereof.
2. (2) Whoever contravenes any of the provisions of this Act or of any rule, bye-law, regulation or order made or issued under this Act, whether or not such contravention is an offence specified in the Schedule-I, shall, if no penalty is provided for such contravention in this Act, be punishable with fine which may extend to five hundred rupees.
3. (3) The Executive Authority or the Commissioner, as the case may be, may, subject to the approval of the Panchayat concerned, compound any offence against this Act or against any rule, bye-law, regulation or order made under this Act, which is specified in the Schedule-II.

Penalty for acting as Member, President or Vice President of a Village Panchayat or as Member, Chairman or Vice Chairman of a Panchayat Union Council or District Panchayat when disqualified.-

1. (1) Any person who acts as a Member, President or Vice President of a Village Panchayat or as a Member, Chairman or Vice Chairman of a Panchayat Union Council or District Panchayat knowing that he is not entitled or has ceased to be entitled to hold such office, shall be punishable with fine not exceeding two hundred rupees for every day on which he sits or votes as such member, President, Vice President or Chairman.
2. (2) Any person who holds office as a Member, President or Vice President of a Village

Penalty for acquisition by an officer or servant of interest in contract work Penalty for acquisition by an officer or servant of interest in contract work.—If any officer or servant of a Panchayat knowingly acquires, directly or indirectly, by himself or by a partner, employer or employee, any personal share or interest in any contract or employment with, by or on behalf of the Panchayat, he shall be deemed to have committed an offence under section 168 of the Indian Penal Code (Central Act XLV of 1860): Provided that no person shall by reason of being a shareholder in, or member of, any company, be held to be interested in any contract entered into between the company and the Panchayat unless he is a director of such company:

Wrongful restraint of Executive Authority or Commissioner or Secretary or his delegates Wrongful restraint of Executive Authority or Commissioner or Secretary or his delegates.—Any person who prevents the Executive Authority or the Commissioner or the Secretary or any person to whom the Executive Authority or the Commissioner or the Secretary lawfully delegates his powers of entering on or inspecting any land, building, or place, from exercising his lawful power of entering thereon or inspecting shall be punishable with fine which may extend to five hundred rupees.

Prohibition against obstruction of Panchayats.—Whoever wilfully obstructs a Village Panchayat, Panchayat Union Council or District Panchayat or the President, Chairman or the Executive Authority or Commissioner or Secretary or any person lawfully employed by or acting under the direction of any of the above mentioned authorities in the exercise of powers lawfully conferred on it or him by or under this Act, shall be punished with fine which may extend to fifty rupees.

Prohibition against removal or obliteration of notice.—Whoever, without authority in that behalf, removes, destroys, defaces or otherwise obliterates any notice exhibited or any sign or mark posted by or under the orders of a Village Panchayat, Panchayat Union Council or District Panchayat or its Executive Authority, Commissioner or Secretary, shall be punished with fine which may extend to fifty rupees.

Penalty for not giving information or giving false information.- Any person required by this Act, or by any notice or other proceedings issued thereunder, to furnish any information, who omits to furnish such information or knowingly furnishes false information shall be punishable with fine not exceeding one hundred rupees.

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.

Schedule I ("Rules regarding the proceedings of Panchayats (See Section 94)") 1. Place of meeting. - Every meeting of a Panchayat shall be held at its office unless the Chairman or President otherwise directs. 2. Meetings to be public. - Every meeting of a Panchayat shall be held in public; provided that the presiding member may, for reasons to be recorded in the minutes, direct that the public generally or any particular person shall withdraw from the meeting. 3. Chairman or President to preside. - Every meeting of a Panchayat shall be presided over by the Chairman or President, and in his absence, by the Vice-Chairman or Vice-President; and in the absence of both, by a member chosen by the members present at the meeting to preside for the occasion. 4. Quorum. - (1) No business shall be transacted at a meeting of a Panchayat unless there be present at least- (a) one-third of the total number of members of the Panchayat in the case of a Village Panchayat; (b) one-half of the total number of members of the Panchayat in the case of a Panchayat Union Council or a District Panchayat. (2) If at the time appointed for a meeting or within half an hour thereafter, a quorum is not present, the meeting shall stand adjourned to such other day and such other time as the presiding member may fix and a fresh notice for such adjourned meeting shall be sent to all the members. (3) No quorum shall be necessary for a meeting adjourned under sub-rule (2). 5. Decision by majority of votes. - All questions which may come before a Panchayat at any meeting shall be decided by a majority of the votes of the members present and voting. In case of equality of votes, the presiding member shall have and exercise a second or casting vote. 6. Record of proceedings. - (1) No resolution of a Panchayat shall be deemed to have been passed unless it has been moved by a member, seconded by another and carried by a majority of votes. (2) The names of the members voting for and against any resolution and of the members who remain neutral shall be recorded in the minutes of the proceedings. (3) The minutes of the proceedings of the meeting shall be entered in a book to be kept for the purpose and shall be signed by the presiding member and shall be open for inspection by any member of the Panchayat. (4) A copy of the minutes of the proceedings of every meeting of a Panchayat shall, within three days of such meeting, be forwarded to the Inspector in the case of a Village Panchayat and to the Government or such officer as may be authorised by the Government in the case of a Panchayat Union Council or a District Panchayat.

Schedule II (See Section 245) Ordinary Penalties specified in the Act | Serial Number | Section/Clause | Subject | Fine which may be imposed | | :--- | :--- | :--- | :--- | | (1) | (2) | (3) | (4) | | 1 | Section 128 | Failure to take precautions in case of dangerous structure | Five hundred rupees | | 2 | Section 129 | Failure to take precautions in case of dangerous trees | Two hundred rupees | | 3 | Section 130 | Failure to fence buildings or land and prune hedges and trees | Two hundred rupees | | 4 | Section 131 | Obstructing or encroaching on public roads | One thousand rupees | | 5 | Section 131-A | Erection of hoarding without permission | Two thousand rupees | | 6 | Section 139 | Failure to close place of public entertainment | Five hundred rupees | | 7 | Section 140 | Allowing minor suffering from dangerous disease to attend school | Two hundred rupees | | 8 | Section 141 | Failure to take compulsory vaccination | One hundred rupees | | 9 | Section 142 | Failure to give information of small pox or cholera | Two hundred rupees | | 10 | Section 143 | Failure to take precautions in case of dangerous tanks, wells, etc. | Five hundred rupees | | 11 | Section 144 | Failure to remove filth or noxious vegetation | Two hundred rupees | | 12 | Section 148 | Using a place as a private market without license | One thousand rupees | | 13 | Section 150 | Sale in unlicensed private market | Five hundred rupees | | 14 | Section 151 | Sale in public road | Two hundred rupees | | 15 | Section 155 | Keeping private cart-stand without license | Five hundred rupees | | 16 | Section 157 | Slaughtering animals without license or in prohibited place | Five hundred rupees | | 17 | Section 159 | Using a place for any purpose without license | Five hundred rupees | | 18 | Section 160 | Construction of factory without permission | One thousand rupees | | 19 | Section 198-F | Failure to pay profession tax | Two times the tax amount | | 20 | Section 222 | Failure to comply with notice, order, etc. | Two hundred rupees | | 21 | Section 223 | Obstructing entry and inspection | Five hundred rupees | | 22 | Section 248 | Wrongful restraint of Executive Authority or Commissioner or Secretary | Five hundred rupees | | 23 | Section 249 | Prohibition against obstruction of Panchayats | Five hundred rupees | | 24 | Section 250 | Removal or obliteration of notice | One hundred rupees | | 25 | Section 251 | Not giving information or giving false information | Two hundred rupees |

Schedule III ("Penalties for continuing breaches (See Section 245)") Section or sub-section Subject Fine which may be imposed (1) (2) (3) Section 128 Failure to comply with notice in respect of dangerous structures Five hundred rupees Section 129 Failure to comply with notice in respect of dangerous trees Two hundred rupees Section 130 Failure to comply with notice in respect of fencing of buildings or land and pruning of hedges Two hundred rupees Section 131(1) Failure to remove obstruction in or over public roads Five hundred rupees Section 139 Failure to close place of Public entertainment Five hundred rupees Section 143 Failure to comply with notice in respect of dangerous tanks, wells, holes, etc. Five hundred rupees Section 144 Failure to remove filth or noxious vegetation from lands and buildings Two hundred rupees Section 146 Failure to comply with notice in respect of maintenance of Slaughter houses Five hundred rupees

Schedule IV ("Terms of office and election of members of Panchayats (See Sections 13, 22, 29)") (1) The term of office of the members of every Village Panchayat, Panchayat Union Council and District Panchayat shall, save as otherwise expressly provided in this Act, be five years from the date appointed for its first meeting after each ordinary election and no longer. (2) Every Village Panchayat, Panchayat Union Council and District Panchayat shall be reconstituted within a period of six months from the date of its dissolution. (3) Ordinary elections to fill the vacancies in the office of an elected member of the Village Panchayat, Panchayat Union Council or District Panchayat shall be held on such day or days as may be fixed by the Tamil Nadu State Election Commissioner. (4) The term of office of the members elected at an ordinary election shall commence on the date appointed for the first meeting of the Panchayat after such ordinary election. (5) A member elected in a casual vacancy shall hold office only so long as the member in whose place he is elected would have been entitled to hold office if the vacancy had not occurred.

"(Omitted)"

List of Village Panchayats (See Section 9-A) 1. All Village Panchayats in the State of Tamil Nadu [***] which could not be constituted even after resorting to the election process.

Schedule VII ("List of Village Panchayats (See Section 9-B)") 1. Arumbavur 2. Kattugudalore 3. Poolambadi 4. Thungapuram 5. Vazhakkurichi 6. Nanniyur 7. Othiam 8. Thirumandurai 9. Vepur 10. Perur 11. Idaiyur 12. Adhanur 13. Kilakkarai 14. Kozhiyur 15. Sathapadi 16. Siruvangur 17. Thittakudi 18. Mangalam 19. Pungur 20. Ariyur 21. Pudupadalur 22. Alagapuram 23. Sathamangalam 24. Sathamangalam (West) 25. Thondamadurai 26. Arumbavur (West) 27. Nakkasalem 28. Irur 29. Koodal 30. Nallur 31. Tholudur 32. Asanur 33. Sirupakkam 34. Nangur 35. Erayur 36. Kozhrayampalayam 37. Kozhuvari 38. M.Adanur 39. Pennadam (West) 40. Thirumalarayanpattinam 41. Veppur 42. Kandapuran 43. Kattumailur 44. Koovagam 45. Mangarai 46. Paithambadi 47. Thatchur 48. Vanjiyur 49. Kizhakkupalayam 50. Kondur 51. Melpalur 52. Nallathur 53. Pudupalayam 54. Sathipattu 55. Thimmachur 56. Valavanur 57. Vazhudareddy 58. Keezhperumpakkam 59. Ozhundiapattu 60. Panumbakkam 61. Suthanpattu 62. Vanniyampattu 63. Pudupakkam 64. Kondam 65. Kothampakkam 66. Kunnapattu 67. Melayur 68. Nallur 69. Palur 70. Pudupattu 71. Sathanur 72. Sivankudal 73. Vallam 74. Vayalur 75. Arasur 76. Kilarai 77. Kondamanallur 78. Melakkalputhur 79. Nallathur 80. Parameswaramangalam 81. Pudupalayam 82. Sathankuppam 83. Thimmavaram 84. Vayalur 85. Vedal 86. Venkatapuram 81. Rights of individual member Rights of individual member.- (1) Any member of a Village Panchayat, Panchayat Union Council or District Panchayat may call the attention of the executive authority or the Commissioner or the Secretary, as the case may be, to any neglect in the execution of Panchayat work, to any waste of Panchayat property, or to the wants of any locality, and may suggest any improvements which may appear desirable. (2) Every member of a Village Panchayat, Panchayat Union Council or District Panchayat shall have the right to move resolutions and to interpellate the President or Chairman on matters connected with the administration of the Panchayat, subject to such rules as may be prescribed. (3) Every member of a Village Panchayat, Panchayat Union Council or District Panchayat shall have access during office hours to the records of the Panchayat after giving due notice to the Executive Authority, Commissioner or Secretary, as the case may be: Provided that the Executive Authority, Commissioner or Secretary may, for reasons given in writing, refuse such access. 82. No President, Vice President, Chairman, Vice Chairman or Member to receive remuneration No President, Vice President, Chairman, Vice Chairman or Member to receive remuneration.- No President, Vice President, Chairman, Vice Chairman or Member shall receive, or be paid, from the funds of the Village Panchayat, Panchayat Union or District Panchayat, any salary or remuneration for services rendered by him whether in his official capacity or in any other capacity: Provided that nothing in this section shall apply to the sitting fees, travelling allowance and daily allowance as may be prescribed. CHAPTER V Powers and Duties of the executive authority 83. Executive Authority of Village Panchayat Executive Authority of Village Panchayat.- The Government may, by notification, appoint any person to be the Executive Authority of a Village Panchayat. 84. Functions of Executive Authority Functions of Executive Authority.- The Executive Authority shall,- (a) have the custody of all the records and properties of the village panchayat; (b) have the right to attend the meetings of the village panchayat and of any committee thereof and participate in the discussions thereat, but without the right to vote or move any resolution; (c) carry into effect the resolutions of the village panchayat; (d) discharge all the duties specifically imposed and exercise all the powers conferred on the Executive Authority by this Act and the rules made thereunder; (e) control all the officers and servants of the village panchayat; (f) supervise and control the execution of all works of the village panchayat; (g) incur expenditure from the village panchayat fund within the limits and in accordance with the provisions of this Act and the rules made thereunder; (h) bring to the notice of the President or the village panchayat any gross irregularity or negligence or lack of action on the part of any officer or servant of the village panchayat; and (i) perform all such other functions as may be prescribed. 85. Commissioner Commissioner.- (1) A Commissioner shall be appointed by the Government for each Panchayat Union. (2) The Commissioner shall,- (a) exercise all the powers and discharge all the duties specifically conferred or imposed on him by this Act or the rules made thereunder; (b) have the right to attend the meetings of the Panchayat Union Council and of any committee thereof and participate in the discussions thereat, but without the right to vote or move any resolution; (c) carry into effect the resolutions of the Panchayat Union Council; (d) control all the officers and servants of the Panchayat Union; (e) supervise and control the execution of all works of the Panchayat Union Council; (f) have the custody of all the records and properties of the Panchayat Union; (g) incur expenditure from the Panchayat Union fund within the limits and in accordance with the provisions of this Act and the rules made thereunder; and (h) perform all such other functions as may be prescribed. 86. Emergency powers of Executive Authority and Commissioner Emergency powers of Executive Authority and Commissioner.—(1) The Executive Authority of the Village Panchayat or the Commissioner may, in case of emergency, direct the execution of any work or the doing of any act which the Village Panchayat or the Panchayat Union Council, as the case may be, 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 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. (2) (a) The Executive Authority or the Commissioner shall report forthwith to the Village Panchayat or the Panchayat Union Council, as the case may be, any action taken under this section and the reasons therefor. (b) The Village Panchayat or the Panchayat Union Council may ratify the action of the Executive Authority or the Commissioner or may direct that the expenditure incurred shall be debited to the funds of the Village Panchayat or the Panchayat Union Council, as the case may be. 87. Secretary Secretary.—(1) There shall be a Secretary for every District Panchayat. (2) The Secretary shall be the Executive Officer of the District Panchayat and shall carry out the resolutions of the District Panchayat. (3) The Secretary shall be an officer not below the rank of a Deputy Collector appointed by the Government: Provided that the Government may appoint an officer of the appropriate rank as the Secretary of the District Panchayat. (4) The Secretary shall be responsible for the implementation of the schemes, programmes, and activities of the District Panchayat and shall perform such other duties as may be assigned to him by the District Panchayat or the Government. 88. Functions, powers and duties of Secretary Functions, powers and duties of Secretary.– The Secretary shall— (a) have the custody of all the records and properties of the District Panchayat; (b) carry out the policies and implement the decisions of the District Panchayat; (c) have the right to attend the meetings of the District Panchayat and take part in the discussions thereat but shall not have the right to vote or to move any resolution; (d) discharge all the duties specifically imposed and exercise all the powers conferred on the Secretary by this Act and the rules made thereunder; and (e) perform such other functions as may be prescribed. CHAPTER VI Procedure 89. Presidency at meetings of Panchayat Presidency at meetings of Panchayat.– (1) Every meeting of a Panchayat shall be presided over by its President or Chairman, as the case may be, and in his absence, by the Vice-President or Vice-Chairman thereof. (2) If the President or Chairman and the Vice-President or Vice-Chairman are absent, or if the President or Chairman or the Vice-President or Vice-Chairman is absent, a member chosen by the members present at the meeting shall preside. (3) The President or Chairman shall preserve order and shall decide all points of order arising at or in connection with the meetings. There shall be no discussion on any point of order and the decision of the President or Chairman on any point of order shall be final. (4) A Vice-President or Vice-Chairman or member presiding for the time being shall, for that meeting and during the period that he presides over it, have all the powers of the President or Chairman. 90. Meetings of Panchayat Meetings of Panchayat.- (1) Every Panchayat shall meet for the transaction of business at least once in every month at the office of the Panchayat and at such time as the President or the Chairman, as the case may be, may determine. (2) The President or the Chairman, as the case may be, may, whenever he thinks fit, convene a meeting of the Panchayat, and shall be bound to do so within a period of ten days of the receipt of a written request signed by not less than one-third of the total number of members of the Panchayat. (3) If the President or the Chairman fails to convene the meeting within the period specified in sub-section (2), the members who signed the requisition may convene a meeting by giving such notice as may be prescribed. (4) Subject to such rules as may be prescribed, the procedure for the conduct of meetings of the Panchayat shall be such as may be determined by the Panchayat. 91. Members when to abstain from taking part in discussion and voting Members when to abstain from taking part in discussion and voting.- No member of a Panchayat shall vote on, or take part in the discussion of, any question coming up for consideration at a meeting of the Panchayat or of any committee thereof, if the question is one in which, apart from its general application to the public, he has any direct pecuniary interest in himself or his partner. 92. Minutes of Proceedings Minutes of Proceedings: (1) The Executive Authority of the Village Panchayat or the Commissioner of the Panchayat Union Council or the Secretary of the District Panchayat, as the case may be, shall cause minutes of the proceedings of the Panchayat to be entered in a book to be kept for the purpose. (2) The minutes shall be read out and confirmed at the meeting of the Panchayat held next after the meeting to which the minutes relate and signed by the President or the Chairman, as the case may be. (3) The minutes shall, at all reasonable times, be open for inspection by any member of the Panchayat. 93. Power of Panchayat to call for records Power of Panchayat to call for records: A Panchayat may require the Executive Authority or the Commissioner or the Secretary, as the case may be, to furnish any document in his custody and he shall comply with every such requisition. 94. Proceedings of Panchayat and Committees Proceedings of Panchayat and Committees.- (1) Subject to such rules as may be prescribed, every Panchayat and every committee thereof shall hold meetings for the transaction of business. (2) Every meeting of a Panchayat or committee thereof shall be presided over by the Chairman or the President, as the case may be, and in his absence, by the Vice-Chairman or the Vice-President, as the case may be, and in the absence of both, by a member chosen by the members present at the meeting. (3) All questions at a meeting of the Panchayat or of a committee shall be decided by the majority of the members present and voting. In case of equality of votes, the person presiding shall have and exercise a second or casting vote. (4) The proceedings of every meeting shall be recorded in the minute book and shall be signed by the person presiding at the meeting. (5) A member of a Panchayat or of a committee shall not vote on, or take part in the discussion of, any question coming up for consideration at a meeting of the Panchayat or committee, if the question is one in which he has any direct or indirect pecuniary interest. (6) No business shall be transacted at a meeting of a Panchayat or a committee unless there is a quorum of one-third of the total number of members then in office. 95. Appointment of Joint Committees Appointment of Joint Committees.- (1) A Panchayat may, and if so required by the Government shall, join with one or more than one other local authority in constituting a joint committee for any purpose in which they are jointly interested. (2) A joint committee may include persons who are not members of the local authorities concerned but who, in the opinion of each of the local authorities, possess special qualifications for serving on such committee; Provided that the number of such persons shall not exceed one-third of the total number of members of the joint committee. (3) The constitution of a joint committee shall be in accordance with the rules prescribed by the Government. (4) The joint committee may be dissolved by the Government. 96. Committees Committees. – (1) A Village Panchayat may, and if so required by the Government shall, appoint committees to assist it in the exercise of any of its powers, discharge of any of its functions or the performance of any of its duties. (2) A Panchayat Union Council may, and if so required by the Government shall, appoint committees to assist it in the exercise of any of its powers, discharge of any of its functions or the performance of any of its duties. (3) A District Panchayat may, and if so required by the Government shall, appoint committees to assist it in the exercise of any of its powers, discharge of any of its functions or the performance of any of its duties. (4) The constitution and functions of such committees shall be such as may be prescribed. 97. Standing Committees Standing Committees. – (1) Every Panchayat Union Council and every District Panchayat shall constitute the following Standing Committees for the effective discharge of its functions, namely:— (a) Appointment Committee; (b) Agricultural Production Committee; (c) Education and Health Committee; (d) Industries and Labour Committee; (e) Public Works Committee; (f) Taxation and Finance Committee. (2) Each Standing Committee shall consist of the Chairman and such number of other members as may be decided by the Panchayat Union Council or the District Panchayat, as the case may be. (3) The Chairman shall be the ex-officio member of all the Standing Committees. (4) The constitution and the procedure of the Standing Committees shall be such as may be prescribed. 98. Administration reports of Village Panchayats Administration reports of Village Panchayats.— (1) Every Village Panchayat shall furnish to the Panchayat Union Council such reports and returns and such other information as the Panchayat Union Council may require, and the Panchayat Union Council shall consolidate such reports, returns and information and furnish the same to the Inspector. (2) Every Village Panchayat shall prepare annually a report of its administration and submit it to the Panchayat Union Council as soon as may be after the close of the financial year and the Panchayat Union Council shall send a copy of such report to the Inspector. Provided that the Inspector may dispense with the submission of such report by the Village Panchayat. 99. Administration report of Panchayat Union Councils and District Panchayats Administration report of Panchayat Union Councils and District Panchayats.— (1) Every Panchayat Union Council shall prepare annually a report of its administration and submit it to the District Panchayat and the Inspector as soon as may be after the close of the financial year. (2) Every District Panchayat shall prepare annually a report of its administration and submit it to the Inspector and the Government as soon as may be after the close of the financial year. 100. Acts of Village Panchayat, Panchayat Union Council and District Panchayat, etc. not to invalidated by infirmity vacancy, etc Acts of Village Panchayat, Panchayat Union Council and District Panchayat, etc. not to be invalidated by infirmity, vacancy, etc. — (1) No act of a Village Panchayat or of a Panchayat Union Council or of a District Panchayat or of a committee thereof or of any person acting as President, Chairman or member of such Village Panchayat, Panchayat Union Council, District Panchayat or committee shall be deemed to be invalid by reason only of a defect in the establishment of such Village Panchayat, Panchayat Union Council, District Panchayat or committee or on the ground that the President, Chairman or any member of such Village Panchayat, Panchayat Union Council, District Panchayat or committee was not entitled to hold or continue in such office by reason of any disqualification or by reason of any irregularity or illegality in his election or appointment or by reason of such act having been done during the period of any vacancy in the office of such President, Chairman or member of such Village Panchayat, Panchayat Union Council, District Panchayat or committee. CHAPTER VII Establishment, Powers and Functions of panchayats 101. Establishment of Panchayats Establishment of Panchayats. — (1) For every Village Panchayat, there shall be a Village Panchayat Assistant, for every Panchayat Union Council there shall be a Commissioner, and for every District Panchayat there shall be a Secretary, who shall be appointed by the Government or by such authority as may be prescribed. (2) The Commissioner of a Panchayat Union Council shall exercise such powers, perform such functions and discharge such duties as are conferred or imposed on him by or under this Act or any other law for the time being in force. (3) The Secretary of a District Panchayat shall exercise such powers, perform such functions and discharge such duties as are conferred or imposed on him by or under this Act or any other law for the time being in force. 102. Conditions of service of officers and servants of Panchayats Conditions of service of officers and servants of Panchayats. – (1) The Government may make rules regulating the method of recruitment, conditions of service, pay and allowances and discipline and conduct of the officers and servants of the Panchayats. (2) Subject to the provisions of this Act and the rules made thereunder, the Panchayat may, with the previous approval of the Government, determine the strength of the establishment of the Panchayat and the designations, grades, salaries, fees and allowances payable to the officers and servants of the Panchayat. (3) The rules made under sub-section (1) may provide for the creation of a common cadre of officers and servants for all or any of the Panchayats in a district or in the State. 103. Appointment of common officers Appointment of common officers. – (1) Subject to the provisions of this Act, a Panchayat may, and if required by the Government shall, appoint a common officer or servant for any two or more Panchayats. (2) The sharing of the salary and allowances of such officer or servant and the contribution towards his pension, leave and other allowances shall be determined by the Panchayats concerned, or if the appointment is made by the Government, by the Government. 104. Transfer of officers and servants of Village Panchayats and Panchayat Union Councils Transfer of officers and servants of Village Panchayats and Panchayat Union Councils.— (1) The Inspector may transfer any officer or servant of a Village Panchayat to another Village Panchayat. (2) The Inspector may transfer any officer or servant of a Panchayat Union Council to another Panchayat Union Council. (3) The Government may transfer any officer or servant of a Village Panchayat to a Panchayat Union Council or vice versa. (4) The Government may transfer any officer or servant– (a) of a Village Panchayat to another Village Panchayat; or (b) of a Panchayat Union Council to another Panchayat Union Council, within the State: Provided that nothing in this section shall apply to the teachers and basic servants referred to in section 108 and health assistants, auxiliary nurses, mid-wives and maternity assistants referred to in section 109. 105. Power of Government to transfer officers and servants of District Panchayats Power of Government to transfer officers and servants of District Panchayats.— (1) The Government may transfer any officer or servant of a District Panchayat to another District Panchayat. (2) The Government may transfer any officer or servant of a District Panchayat to a Village Panchayat or to a Panchayat Union Council or vice versa. 106. Power to punish officers and servants Power to punish officers and servants. – (1) The Village Panchayat, the Panchayat Union Council or the District Panchayat, as the case may be, may punish any of its officers and servants for negligence, incompetence, insubordination, or other misconduct in the discharge of their official duties: Provided that the Government may, by notification, specify the class of officers and servants who may be punished by the Village Panchayat, the Panchayat Union Council or the District Panchayat and the nature of punishment that may be imposed. (2) An appeal against any order of punishment passed by the Village Panchayat shall lie to the Panchayat Union Council concerned and an appeal against any order of punishment passed by the Panchayat Union Council shall lie to the District Panchayat concerned, and an appeal against any order of punishment passed by the District Panchayat shall lie to the Government. 107. Applicability of certain directions to Public Health Establishment Applicability of certain directions to Public Health Establishment. – Notwithstanding anything contained in this Act, the Public Health Establishment of the Panchayat Union Councils shall be subject to such directions as may be issued by the Government from time to time for the efficient management of the Public Health services in the State. 108. Teachers including Headmasters and basic servants in the Panchayat Union Schools to be Government servants Teachers including Headmasters and basic servants in the Panchayat Union Schools to be Government servants.—(1) Notwithstanding anything contained in this Act, every teacher including Headmaster and every basic servant in the Panchayat Union Schools shall be a Government servant. (2) (a) The Government shall, by notification, notify the date from which the teachers including Headmasters and basic servants referred to in sub-section (1) shall be deemed to have become Government servants. (b) On and from the date so notified, the services of such teachers including Headmasters and basic servants shall be regulated under the provisions of the Tamil Nadu State and Subordinate Services Rules and other rules applicable to the Government servants. (c) The Government may, by notification, make such incidental and consequential provisions as may appear to them to be necessary or expedient for the purpose of giving effect to the provisions of this section. 109. Health Assistants, Auxiliary Nurses, Mid-wives and Maternity Assistants in Public Health Establishment of Panchayat Union Councils to be Government servants Health Assistants, Auxiliary Nurses, Mid-wives and Maternity Assistants in Public Health Establishment of Panchayat Union Councils to be Government servants.—(1) Notwithstanding anything contained in this Act, every Health Assistant, Auxiliary Nurse, Mid-wife and Maternity Assistant in the Public Health Establishment of the Panchayat Union Councils shall be a Government servant. (2) (a) The Government shall, by notification, notify the date from which the Health Assistants, Auxiliary Nurses, Mid-wives and Maternity Assistants referred to in sub-section (1) shall be deemed to have become Government servants. (b) On and from the date so notified, the services of such Health Assistants, Auxiliary Nurses, Mid-wives and Maternity Assistants shall be regulated under the provisions of the Tamil Nadu State and Subordinate Services Rules and other rules applicable to the Government servants. (c) The Government may, by notification, make such incidental and consequential provisions as may appear to them to be necessary or expedient for the purpose of giving effect to the provisions of this section. CHAPTER VIII Functions, powers and property of village panchayat, panchayat union councils and district panchayats 110. Duty of Village Panchayat to provide for certain matters Duty of Village Panchayat to provide for certain matters. – Subject to the provisions of this Act and the rules made thereunder, it shall be the duty of a Village Panchayat to provide for the following matters, namely:— (a) the construction, repair and maintenance of all village roads, that is to say, all public roads in the village (other than roads classified as district roads or State highways and roads vesting in the Panchayat Union Council); (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 such other waste matter from the streets; (e) the establishment and maintenance of such public sanitary conveniences as may be necessary; (f) the maintenance and regulation of burning and burial grounds; (g) the sinking and repairing of wells and the excavation, repair and maintenance of ponds for the supply of water for drinking, washing and bathing purposes; (h) the supply of water for drinking purposes; (i) the maintenance of communal properties used for common benefit of the villagers; (j) the maintenance of all works constructed from the funds of the Village Panchayat; (k) the carrying out of all other duties imposed on the Village Panchayat by this Act or by any other law. 111. Power of Village Panchayat to provide for certain other matters 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 also make provision for carrying out the requirements of the Panchayat Village in respect of the following matters, namely:— (a) the construction, repair and maintenance of public markets and the regulation of fairs and festivals; (b) the lighting of public roads and public places in areas not covered under clause (b) of Section 110; (c) the opening and maintenance of public landing places, cart-stands and cattle sheds; (d) the opening and maintenance of child welfare centres and institutions for the amelioration of the conditions of women; (e) the opening and maintenance of reading rooms and libraries; (f) the establishment and maintenance of wireless sets, television sets, play-grounds, parks, sports clubs and centres of physical culture; (g) the opening and maintenance of slaughter houses; (h) the planting of trees on the sides of public roads and other public places; (i) the removal of encroachments; (j) the construction and maintenance of office buildings for the Village Panchayat; (k) the destruction of stray and ownerless dogs; (l) the control of fairs and festivals; (m) the opening and maintenance of public dispensaries, hospitals, health and maternity centres; (n) the control of places of amusement; (o) the provision of any other public convenience; (p) the promotion and development of economic conditions, social welfare and cultural and historical interests; (q) the carrying out of any other work or measure likely to promote the health, safety, education, comfort, convenience, or social or economic well-being of the inhabitants of the village. 112. Duty of Panchayat Union Council to provide for certain matters Duty of Panchayat Union Council to provide for certain matters. – (1) 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:— (a) the construction, repair and maintenance of all public roads in the Panchayat Union (other than roads classified as National Highways or State Highways or major district 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; (e) the construction and maintenance of public latrines; (f) the maintenance of all Panchayat Union hospitals, dispensaries, child welfare centres and maternity and child health centres; (g) the opening and maintenance of elementary and middle schools; (h) the opening and maintenance of public markets; (i) the opening and maintenance of public landing places, cart-stands and cattle sheds; (j) the opening and maintenance of public slaughter-houses; (k) the opening and maintenance of reading rooms and libraries; and (l) the opening and maintenance of fairs and festivals. (2) The Government may, by notification, direct that any of the duties specified in sub-section (1) may be transferred to or shared by a Village Panchayat or the Government or any other local body. 113. Entrustment of execution of National Extension Service Scheme of Community Development of Panchayat Union Councils Entrustment of execution of National Extension Service Scheme of Community Development of Panchayat Union Councils.— The Government may entrust to the Panchayat Union Councils the execution of the National Extension Service Scheme of Community Development in the Panchayat Union, subject to such conditions and restrictions as may be specified by the Government and such rules as may be made in this behalf. 114. Entrustment of certain schemes to Panchayat Union Councils Entrustment of certain schemes to Panchayat Union Councils.- (1) The Government may, by notification, entrust to the Panchayat Union Council the execution of any scheme or the management of any institution or the exercise of any power or the discharge of any duty in respect of which they have power to make rules under this Act and the Panchayat Union Council shall thereupon assume such execution, management, exercise or discharge. (2) The Government may, by a like notification, withdraw any scheme, institution, power or duty so entrusted to a Panchayat Union Council. 115. Power of Panchayat Union Council to provide for certain other matters Power of Panchayat Union Council to provide for certain other matters.- (1) Subject to the provisions of this Act and such rules as may be prescribed, a Panchayat Union Council may provide for- (a) the planting and preservation of trees on the sides of all public roads under its control; (b) the opening and maintenance of public markets; (c) the opening and maintenance of public landings, cart-stands and cattle sheds; (d) the opening and maintenance of public slaughter-houses; (e) the establishment and maintenance of ferries; (f) the opening and maintenance of reading rooms and libraries; (g) the establishment and maintenance of hospitals, dispensaries, child welfare centres, maternity homes and institutions for the amelioration of the conditions of the Scheduled Castes and the Scheduled Tribes; (h) the opening and maintenance of vocational and industrial training centres; (i) the promotion of social, economic and cultural well-being of the inhabitants of the Panchayat Union; (j) the carrying out of such other functions as may be entrusted to the Panchayat Union Council by the Government. (2) A Panchayat Union Council may also make suitable arrangements for the carrying out of any of the purposes not specifically provided for in this Act, which is necessary in the opinion of the Panchayat Union Council for the welfare of the people of the Panchayat Union. 116. Common burial and burning grounds, etc Common burial and burning grounds, etc.—(1) The Village Panchayat may, and if the Inspector so directs, shall provide places within the Panchayat Village for use as public burial or burning grounds and may charge such fees for the use thereof as may be prescribed. (2) No places other than public burial or burning grounds so provided and such as were already subsisting at the commencement of this Act for the said purpose, shall be used for burial or burning of the dead within the Panchayat Village without the licence of the Village Panchayat. (3) The Village Panchayat may prohibit the use of any place for the burial or burning of the dead, which is in its opinion dangerous to the health of persons living in the neighbourhood. Provided that no such prohibition shall be notified unless a notice of the proposal has been affixed to the office of the Village Panchayat and in such conspicuous places in the Panchayat Village as the Village Panchayat may think fit and the objections, if any, of the persons concerned have been considered. 117. Lighting of public roads and public places Lighting of public roads and public places—The Village Panchayat shall provide for the lighting of public roads and public places in the Panchayat Village and may provide for the lighting of such private roads and private places as it may think fit. 118. Maintenance of common dispensaries, child welfare centres, etc Maintenance of common dispensaries, child welfare centres, etc.—The Village Panchayat may, and if so required by the Government shall, provide for the maintenance of common dispensaries, child welfare centres and institutions of a like nature and the contributions towards the expenses of any such dispensaries or centres. 119. Transfer of immovable property, management of Institutions, execution of maintenance of works, etc. to a Village Panchayat Transfer of immovable property, management of Institutions, execution of maintenance of works, etc. to a Village Panchayat.—(1) The Government or the Panchayat Union Council may transfer to a Village Panchayat, with its consent and subject to such conditions as may be agreed upon, 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 village, which under this Act or any other law, is vested in, or devolves upon, the Government or the Panchayat Union Council, as the case may be. (2) The Government may transfer to a Village Panchayat the transfer of maintenance of any road or bridge or any other property which is under the control of the Government. (3) Any immovable property vested in the Government or a Panchayat Union Council may be transferred to a Village Panchayat absolutely or subject to such terms and conditions as may be specified by the Government or the Panchayat Union Council, as the case may be: Provided that no transfer of property shall be made under this sub-section without the approval of the Government. 120. Transfer to Village Panchayat of unreserved forests Transfer to Village Panchayat of unreserved forests.- The Government may, subject to such conditions and restrictions as they may think fit to impose, transfer to any Village Panchayat the control and management of any unreserved forest situated in the Panchayat Village and the Village Panchayat shall thereupon exercise such control and management in accordance with such conditions and restrictions. 121. Power of Government to resume possession of unreserved forest vested in Village Panchayat and payment of compensation, etc Power of Government to resume possession of unreserved forest vested in Village Panchayat and payment of compensation, etc.- (1) The Government may, at any time, for any public purpose, resume the management of any unreserved forest which has been transferred to, and vested in, the Village Panchayat under Section 120. (2) Where the management of any unreserved forest is so resumed by the Government, there shall be paid to the Village Panchayat, compensation in respect of any improvement made by the Village Panchayat at its own expenses in relation to such forest, and such compensation shall be determined in accordance with such principles as the Government may, by notification, specify. 122. Power of Commissioner of Land Administration to transfer or resume control of Endowments and Inams Power of Commissioner of Land Administration to transfer or resume control of Endowments and Inams.— (1) The Commissioner of Land Administration may, by notification, transfer to any Village Panchayat or Panchayat Union Council, the control of any endowment or inam (other than an endowment or inam for the support of a religious institution, or for the benefit of a specific class of people) for the benefit of which endowment or inam was granted, and the Village Panchayat or Panchayat Union Council shall, thereupon, exercise all the powers and perform all the duties in respect of the said endowment or inam that the Government could have exercised or performed. (2) The Commissioner of Land Administration may, by notification, at any time resume the control of any such endowment or inam and, upon such resumption, the Village Panchayat or Panchayat Union Council shall cease to exercise any powers or perform any duties in respect thereof. 123. Government’s power to add to functions of Panchayat Union Council Government’s power to add to functions of Panchayat Union Council.— Notwithstanding anything contained in this Act, the Government may, by notification, entrust to the Panchayat Union Council, such other functions as the Government may deem fit, relating to the development programmes of the Panchayat Union and such other functions as they may deem suitable for the Panchayat Union Council to perform. 124. Limitation of power to accept donations and Trusts Limitation of power to accept donations and Trusts.- A Village Panchayat, Panchayat Union Council or District Panchayat may accept donations for, or trusts relating exclusively to the furtherance of, any purpose to which its funds may be applied. 125. Vesting of public roads in Village Panchayat 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 other roads vested in the Panchayat Union Council or the District Panchayat or the Government, shall vest in the Village Panchayat together with all pavements, stones and other materials thereof, all works, materials and other things provided therefor, all sewers, drains, drainage works, tunnels and culverts, whether made at the cost of the Village Panchayat fund or otherwise, in, alongside or under such roads, and all works, materials and things appertaining thereto: Provided that the Village Panchayat shall not exercise the powers under this sub- section in respect of any public road or class of public roads which the Government may, by notification, exclude from the operation of this Act. (2) The Government may, by notification, exclude from the operation of this Act any public road, sewer, drain, drainage work, tunnel or culvert and may also at any time revest in the Village Panchayat the administration of any public road, sewer, drain, drainage work, tunnel or culvert so excluded. 126. Vesting of public roads in Panchayat Union Councils Vesting of public roads in Panchayat Union Councils.—(1) All public roads in any Panchayat Union, other than public roads which are classified by the Government as National Highways or State Highways or which are under the control of a Municipal Council, the Municipal Corporation of 1[Chennai] or of Madurai or of Coimbatore or any other Municipal Corporation that may be constituted under any law— (a) in the case of a Panchayat Union Council, shall vest in such Panchayat Union Council; (b) in the case of any other local authority, shall vest in such authority. (2) The Government may, by notification, exclude from the operation of this Act any public road, sewer, drain, drainage work, tunnel and culvert and may also rescind such exclusion. (3) The Panchayat Union Council shall have power to provide for the extension of public roads within its jurisdiction or the improvement of such roads. 127. Duty of Village Panchayat in respect of public roads excluded from the operation of the Act Duty of Village Panchayat in respect of public roads excluded from the operation of the Act.—(1) The Village Panchayat shall have power to carry out improvements to any public road or to any drain or drainage work or bridge or culvert, in or over any public road, which is excluded from the operation of this Act, if the authority or person in whom such road, drain, drainage work, bridge or culvert vests, consents thereto. (2) If the authority or person in whom such road, drain, drainage work, bridge or culvert vests, desires to entrust the maintenance of such road, drain, drainage work, bridge or culvert to the Village Panchayat, the Village Panchayat shall undertake such maintenance if the funds at its disposal allow. 128. Precautions in case of dangerous structures Precautions in case of dangerous structures.-(1) If any structure be deemed by the Executive Authority of a Village Panchayat to be in a ruinous state and dangerous to 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 such structure so as to prevent any danger therefrom. (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 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) If in the opinion of the Executive Authority, the said structure is imminently dangerous to the inmates thereof, the Executive Authority shall order the immediate evacuation thereof and any person disobeying may be removed to any police officer. 129. Precautions in case of dangerous trees Precautions in case of dangerous trees.-(1) If any tree or any branch of a tree or the fruit of any tree be deemed by the Executive Authority of a Village Panchayat to be likely to fall and thereby endanger any person or any structure, 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) If immediate action is necessary, the Executive Authority may himself, before giving such notice or before the period of such 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 doing so shall be recoverable from the owner of the tree in the manner provided in Section 222. 130. Fencing of buildings or land and pruning of hedges and trees Fencing of buildings or land and pruning of hedges and trees.- (1) The Executive Authority or the Commissioner may, by notice, require the owner or occupier of any building or land near a public road to,- (a) fence the same or repair the fences of the same in such manner as may be directed; (b) trim or prune any hedges bordering on the said road; (c) cut down, lop or trim all trees overhanging the said road and likely to cause inconvenience or obstruction to passengers or likely to cause damage to the road. (2) If the owner or occupier fails to comply with the notice under sub-section (1), the Executive Authority or the Commissioner may cause the building or land to be fenced, hedges to be trimmed or pruned and trees to be cut down, lopped or trimmed, and the cost incurred for such work shall be recoverable from the owner or occupier in the manner prescribed. 131. Prohibition against obstructions in or over public roads, etc Prohibition against obstructions in or over public roads, etc.- (1) No person shall, except as permitted by rules made under this Act and in accordance with the licence issued by the Executive Authority or Commissioner in this behalf, place or deposit any matter or make any encroachment in or over any public road or any property vested in or controlled by a Village Panchayat or Panchayat Union Council. (2) The Executive Authority or the Commissioner may, by notice, require any person who has placed or deposited any matter or made any encroachment as aforesaid to remove the same within such time as may be specified in the notice. (3) If the person fails to comply with the notice under sub-section (2), the Executive Authority or the Commissioner may cause the removal of such matter or encroachment and the cost of such removal shall be recoverable from such person in the manner prescribed. (4) Notwithstanding anything contained in this Act, the Executive Authority or the Commissioner may, with the prior approval of the Village Panchayat or Panchayat Union Council, as the case may be, lease for occupation any road or other property vested in it for such period as it may deem fit and on such conditions as may be prescribed: Provided that such lease shall not be detrimental to the traffic or the safety of the public. 132. Vesting of communal property or income in Village Panchayat Vesting of communal property or income in Village Panchayat. - Any property or income which by custom belongs to or has been administered for the benefit of the inhabitants of a Panchayat Village or the holders in common of village land therein as such, shall vest in the Village Panchayat and be administered by it for the benefit of the inhabitants or holders aforesaid. 133. Maintenance of irrigation works, execution of Kudimaramat, etc Maintenance of irrigation works, execution of Kudimaramat, etc. - (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 management of turns of irrigation, or the regulation of distribution of water from any irrigation work to the fields depending on it. (2) The Village Panchayat shall have power, subject to such restrictions and control as may be prescribed, to execute Kudimaramat in respect of any irrigation work and to levy such fee and on such rates for the maintenance of the irrigation work and for the execution of Kudimaramat as may be prescribed: Provided that no such fee shall be levied by the Village Panchayat if the irrigation work is under the control of the Government or a Panchayat Union Council. 134. Village Panchayat to regulate the use of certain Porambokes in ryotwari tracts Village Panchayat to regulate the use of certain Porambokes in ryotwari tracts.—(1) The provisions of this section shall apply to all Porambokes the user of which is regulated by the Village Panchayat as may be notified by the Government. (2) 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 the produce thereof and the income therefrom shall be credited to the Village Panchayat Fund. 135. Village Panchayat to regulate the use of certain communal lands in Estates governed by the Tamil Nadu Estates Land Act, 1908 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 this section shall apply to all communal lands within the limits of any Village Panchayat in Estates governed by the Tamil Nadu Estates Land Act, 1908 (Tamil Nadu Act I of 1908), which are not ryotwari tracts. (2) The Village Panchayat shall have power, subject to such restrictions and control as may be prescribed, to regulate the use of any such communal land and the produce thereof, and the income therefrom shall be credited to the Village Panchayat Fund. 136. Collected rubbish, etc. to belong to Village Panchayat Collected rubbish, etc. to belong to Village Panchayat.—All rubbish, filth and other matters collected by the Village Panchayat from public roads, public places, latrines, urinals, drains, cesspools and other places shall belong to the Village Panchayat. 137. Immovable property required by Village Panchayats and Panchayat Union Councils may be acquired under the Land Acquisition Act, 1894 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 Panchayat Union Council, as the case may be. 138. Contributions from persons having control over places of pilgrimage, etc Contributions from persons having control over places of pilgrimage, etc.—(1) The persons in charge of any place of pilgrimage or of any religious, charitable or other institution or place which attracts a large number of persons or the trustee, manager or other person in control thereof, shall, if required by the Village Panchayat by notice, make such annual or other contribution to the Village Panchayat as may be determined by the Government in this behalf: Provided that no such contribution shall be required if the Village Panchayat does not provide or arrange for the provision of any special facilities, such as sanitation, lighting or water supply for the convenience of the pilgrims or visitors to such place or institution. (2) The Village Panchayat shall, in respect of any such place or institution, provide such special facilities as may be necessary for the health, safety and convenience of the pilgrims or visitors, if the contribution referred to in sub-section (1) is made or if the Village Panchayat considers it necessary to provide such facilities in the interest of the public. 139. Power to order closure of places of Public Entertainment Power to order closure of places of Public Entertainment.—(1) If, in the opinion of the Village Panchayat, the use of any place of public entertainment is likely to cause or lead to a breach of the public peace or to a danger, annoyance or injury to the public or to any class of persons or to any resident in the neighbourhood, the Village Panchayat may, by order and for reasons to be recorded in writing, direct that such place shall be closed either permanently or for such period as may be specified in the order. (2) Any person who contravenes an order made under sub-section (1) shall be punished with fine which may extend to five hundred rupees. 140. Minor suffering from dangerous disease not to attend schools Minor suffering from dangerous disease not to attend schools.- No person being the parent or having charge of a minor shall knowingly permit such minor who is suffering from a dangerous disease to attend any school, college or other institution without having procured from the executive authority or a medical officer a certificate that such minor may attend without danger to others. 141. Compulsory vaccination Compulsory vaccination.- (1) The Village Panchayat may, by notification, declare that any person resident in the Panchayat Village shall be vaccinated or re-vaccinated. (2) The Village Panchayat may, by notification, require the parents or guardians of any minor to have such minor vaccinated or re-vaccinated. (3) Any person who contravenes the provisions of sub-section (1) or (2), shall be punishable with fine which may extend to five hundred rupees. 142. Obligation to give information of small pox or cholera Obligation to give information of small pox or cholera. — No person shall, without the previous permission of the Executive Authority, knowingly introduce into a Panchayat Village any person suffering from small pox or cholera and any person in charge of, or in attendance on, any person suffering from small pox or cholera and any owner or occupier of land or building in or upon which any person is suffering from small pox or cholera shall forthwith give information to the Executive Authority. 143. Precautions in case of dangerous tanks, wells, holes, etc Precautions in case of dangerous tanks, wells, holes, etc. — (1) If, in the opinion of the Executive Authority, any tank, well, hole, stream, dam, bank or other place is, for want of sufficient repair, protection or enclosure, dangerous to the passers-by or to persons living or working in the neighbourhood, the Executive Authority may, by notice, require the owner or person having control thereof to fill in, cover, repair, protect or enclose the same, or such manner as he thinks necessary to prevent danger therefrom. (2) If, in the opinion of the Executive Authority, there is imminent danger to any person through any such place, he shall forthwith take such steps as he thinks necessary to avert such danger. 144. Removal of filth or noxious vegetation from lands and buildings Removal of filth or noxious vegetation from lands and buildings.- (1) If at any time it appears to the Executive Authority of a Village Panchayat that any land or building situated within the Panchayat Village is in an insanitary state or that any noxious vegetation is growing thereon, he may, by notice, require the owner or occupier of such land or building to cleanse, weed or otherwise put it in an insanitary [sic, read "sanitary"] state or to clear the noxious vegetation from such land or building within such period as may be specified in the notice. (2) If the person on whom the notice is served fails to comply with the requirement within the specified period, the Executive Authority may himself cause the land or building to be cleansed or the noxious vegetation to be cleared and may recover the expenses incurred for such purpose from the owner or occupier of such land or building. 145. Power of Commissioner or Executive Authority to use or sell materials of dangerous structure taken down, etc Power of Commissioner or Executive Authority to use or sell materials of dangerous structure taken down, etc.- (1) When a Village Panchayat or the Commissioner or the Executive Authority takes down any work or part of any work under the provisions of this Act, the Village Panchayat or the Commissioner or the Executive Authority may sell the materials of the work or part of the work so taken down. (2) The proceeds of the sale of the materials shall be applied in or towards the payment of the expenses incurred or to be incurred by the Village Panchayat or the Commissioner or the Executive Authority in respect of the work or part of the work, and the surplus, if any, shall be paid to the owner of the work or part of the work on demand made within twelve months from the date of the sale. (3) If no such demand is made within the said period, the surplus shall be credited to the Village Panchayat Fund or the Panchayat Union Fund, as the case may be. 146. Limitation of compensation Limitation of compensation.— No claim shall lie against a Village Panchayat, Panchayat Union Council or District Panchayat or against the Executive Authority or Commissioner or Secretary, or any person acting under the direction of any of them, for any compensation for any damage necessarily caused by the entry made, or by the use of any land or building, or by the taking of any materials in the exercise of any power conferred by this Act, or any rule, bye-law, regulation or order made thereunder, or for any failure to leave not less than reasonable ground, for the inflow or outflow of water, except in so far as the damage exceeds the necessity of the case. 147. Public Market Public Market.— (1) The Village Panchayat may provide places for use as public markets. (2) The Village Panchayat may levy all or any of the following fees on any person exposing any goods for sale in the public market at such rates as may be prescribed: (a) fees for the use of, or for the right to expose goods in such market; (b) fees for the use of shops, stalls, pens, stands and other structures in such market; and (c) fees on vehicles or pack animals bringing, or on persons bringing, goods for sale in such market. (3) The Village Panchayat may lease out the right to collect the fees, or any portion of the fees, on such conditions as may be prescribed. 148. Licensing of Private Markets Licensing of Private Markets. — (1) No person shall open a new private market or continue to keep open a private market unless he obtains from the Panchayat Union Council a licence to do so. (2) Application for such licence shall be made by the owner of the private market to the Panchayat Union Council in such form and with such particulars and within such time as may be prescribed. (3) The Panchayat Union Council may grant, refuse to grant, or renew a licence for a private market, or may suspend or cancel any licence already granted for any cause and subject to such conditions, as it may deem fit: Provided that the Panchayat Union Council shall not refuse, suspend or cancel any licence except for reasons to be recorded in writing and after giving the applicant or the licensee, as the case may be, an opportunity of making his representation. (4) When a licence to open a new private market is granted or an existing licence is renewed, the Panchayat Union Council may grant the licence subject to such conditions as it may deem fit with regard to the construction, maintenance, sanitation and management of the market. (5) When a licence is granted, refused, suspended or cancelled under this section, an appeal shall lie to the Inspector, whose decision shall be final. 149. Decision of disputes as to whether places are Markets Decision of disputes as to whether places are Markets. — If any question arises whether any place is a market or not, the Village Panchayat or the Panchayat Union Council, as the case may be, or the officer of the Panchayat Union Council authorized by it in this behalf, shall make an inquiry into the matter and decide the question. 150. Prohibition of sale in unlicensed Private Markets, etc Prohibition of sale in unlicensed Private Markets, etc. – No person shall sell or expose for sale any animal or article in any private market in respect of which a licence has not been either granted or renewed under this Act, or the licence for which has been suspended or cancelled. 151. Prohibition against sale in public roads Prohibition against sale in public roads. – No person shall sell or expose for sale any animal or article in any public road except in accordance with the permission granted by the Executive Authority or Commissioner, as the case may be. 152. Classification of Markets Classification of Markets.—(1) The Inspector may, by notification, classify any market or public landing place or cart-stand as a "Village Panchayat Market" or a "Panchayat Union Market" and provide for the management of any such market and regulate the levy of fees therein. (2) The classification of markets shall be such as may be prescribed. 153. Acquisition of right of person to hold Private Market Acquisition of right of person to hold Private Market.—(1) Any Village Panchayat may acquire the rights of any person to hold a private market in any place in the Panchayat Village, by paying compensation to such person as may be determined by the Village Panchayat after giving an opportunity to the person to be heard and with the previous approval of the Inspector: Provided that the compensation payable shall be in accordance with the principles laid down in the Land Acquisition Act, 1894 (Central Act I of 1894). (2) The decision of the Village Panchayat as to the amount of compensation shall be subject to the approval of the Inspector. 154. Public landing places and cart-stands, etc Public landing places and cart-stands, etc. – (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 (including stands for animals and vehicles) and levy and collect such fees for their use as may be prescribed; (b) where any such place or stand has been provided by the Village Panchayat, 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. 155. Private cart-stand 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. (2) Applications for such licence shall be made by the owner of the cart-stand to the Executive Authority. (3) The Village Panchayat shall, as regards private cart-stands already lawfully established and as regards new private cart-stands, may at its discretion – (a) grant the licence subject to such conditions as the Village Panchayat may think fit as to supervision and control, the number of vehicles and animals to be accommodated, the collection of fees and such other matters as may be prescribed; or (b) refuse to grant such licence for reasons to be recorded. (4) The Village Panchayat may modify the conditions of the licence at any time. (5) The Village Panchayat may at any time suspend or cancel any licence granted under sub-section (3) for breach of the conditions thereof. (6) The Village Panchayat may levy on the licensee of a private cart-stand such fee as may be prescribed. 156. Public slaughter-houses Public slaughter-houses.— (1) The 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. (2) The Village Panchayat may farm out the collection of such rents and fees for any period not exceeding three years at a time and on such terms and conditions as it may think fit. 157. Prohibition or regulation of the use of places for slaughtering animals and the licensing of slaughterers Prohibition or regulation of the use of places for slaughtering animals and the licensing of slaughterers.— (1) The Government may, by notification, declare that in any Panchayat Village, no place shall be used as a slaughter-house other than a public slaughter-house provided under section 156. (2) The Village Panchayat may, with the approval of the Inspector, notify that,— (a) no person shall slaughter within the Panchayat Village, except in a public or licensed slaughter-house, any cattle, horse, sheep, goat, or kid for sale of the flesh thereof as food for human consumption; (b) no person shall sell or expose for sale the flesh of any such animal which has not been slaughtered in such slaughter-house. (3) The Village Panchayat may license any person to slaughter animals in such places, whether public or private, as it may think fit, and may charge and levy such fees for such licence as it may from time to time fix in this behalf. (4) Any person who slaughters any such animal in contravention of the provisions of this section, or of any notification or licence in force thereunder, shall be punishable with fine which may extend to five hundred rupees. Provided that nothing in this section shall apply to slaughter which is done for bona fide religious or ceremonial purposes. 158. Numbering or naming of building, etc Numbering or naming of building, etc.—(1) The Village Panchayat may cause a numbering or naming of any building or block of buildings to be put up or affixed in a conspicuous position on the outer door of such building or on the entrance of the enclosure thereof, and may also cause a notice for such numbering or naming to be given to the owner or occupier of such building. (2) Any person who destroys, pulls down, defaces or alters any number or name put up or affixed under sub-section (1) shall be punishable with fine which may extend to five rupees. 159. Purposes for which places may not be used without a licence Purposes for which places may not be used without a licence.—(1) The Government may, by notification, specify the purposes which, in their opinion, are likely to be offensive or dangerous to human life or health or property. (2) No person shall— (a) use or permit to be used any place within the jurisdiction of a Village Panchayat for any of the purposes specified under sub-section (1); or (b) use or permit to be used any place within the jurisdiction of a Village Panchayat for any of the following purposes, namely:— (i) baking, preparing or keeping for sale or selling any article of food or drink (not being a drug, liquor or medicine) or for the manufacture of any such article, or of any confectionery or sweetmeat; (ii) keeping any milch cattle, or any animal for the purpose of trade or business or for profit; (iii) dyeing, printing, preparing or manufacturing any article of dress or clothing; (iv) storing or selling any material for fuel; (v) carrying on any trade or operation which, in the opinion of the Village Panchayat, is likely to be dangerous to life or health or property or likely to create a nuisance, without the licence granted by the Executive Authority, and except in accordance with the conditions specified in such licence: Provided that no such licence shall be required for the use of any place for the storing of any of the articles, or for the carrying on of any of the processes, trades or operations referred to in this section, if the accumulation of the articles or the exercise of the process, trade or operation does not exceed such limits as may be prescribed. (3) The Executive Authority may, by order, grant or refuse to grant the licence and may subject it to such conditions as he may think fit. (4) The Village Panchayat shall have power to levy such fees as may be prescribed for the grant or renewal of any licence. 160. Permission for construction of factories and the installation of machinery Permission for construction of factories and the installation of machinery. — (1) No person shall, without the permission of the Village Panchayat and except in accordance with the conditions specified in such permission,— (a) construct or establish any factory, workshop or workplace 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 made by the Government in this behalf. (2) Application for such permission shall be submitted to the Village Panchayat in such form and with such fee as may be prescribed. (3) The Village Panchayat shall, within such time as may be prescribed, — (a) grant the permission applied for either absolutely or subject to such conditions as it thinks fit to impose; or (b) refuse permission if it is of opinion that such construction, establishment or installation is objectionable by reason of the density of the population in the neighbourhood or is likely to cause a nuisance. (4) Before granting permission under sub-section (3), the Village Panchayat,— (a) shall obtain the approval of the Inspector of Factories appointed under the Factories Act, 1948 (Central Act LXIII of 1948), having jurisdiction over the area of the Village Panchayat, regarding the suitability of the proposed site; and (b) shall consult and have due regard to the opinion of the Pollution Control Board of the State. (5) The Village Panchayat may at any time rescind or modify any condition subject to which permission was granted under sub-section (3). 161. Power of Government to make Rules in respect of the grant and renewal of licences and permissions Power of Government to make Rules in respect of the grant and renewal of licences and permissions. — (1) The Government may make rules— (a) prohibiting or regulating the grant of licences or permissions for any of the purposes specified in Section 159 or Section 160; (b) defining the classes of machinery for which licence is required; (c) prescribing the time within which applications for licences or permissions should be made and disposed of; (d) prescribing the scale of fees for the grant of licences or permissions and the renewal thereof; (e) prescribing the conditions subject to which licences or permissions may be granted, refused, suspended or revoked; and (f) providing for the appeal against the orders of the Village Panchayat in the matter of grant, refusal, suspension or revocation of licences or permissions. (2) The Government may, by notification, exempt any class of factories or workshops or any class of machinery or manufacturing plants or any area from the operation of Section 159 or Section 160 or any of the rules made under this section. 162. Modification of Tamil Nadu Places of Public Resort Act, 1888 Modification of Tamil Nadu Places of Public Resort Act, 1888.—(1) The Government may, by notification, direct that the Tamil Nadu Places of Public Resort Act, 1888 (Tamil Nadu Act II of 1888), shall be extended to and be in force in, the Panchayat Village or any specified area therein and that the powers and functions of the licensing authority under the said Act shall be exercised and performed by the Village Panchayat or such other authority as may be specified in the notification. (2) The provisions so notified shall be construed with such alterations (not affecting the substance) as may be necessary or proper for the purpose of adapting them to the Panchayat Village or specified area therein. 163. Functions of District Panchayat Functions of District Panchayat.—(1) It shall be the function of the District Panchayat to— (a) review the administration of the Panchayat Union Councils in the district; (b) collect such data as it deems necessary; (c) publish statistical, financial and other reports relating to the functioning of the Panchayat Union Councils in the district; (d) prepare the development plan of the district; (e) perform such other functions as may be entrusted to it by the Government. (2) The District Panchayat shall exercise such powers and perform such functions as the Government may, by notification, confer on or entrust to the District Panchayat in relation to any scheme or programme entrusted by the State or Central Government. 164. General Powers of District Panchayat General Powers of District Panchayat.—(1) A District Panchayat shall have the power to— (a) advise the Government on all matters relating to development activities concerning the villages and panchayat unions in the district; (b) carry out such other functions as may be entrusted to it by the Government from time to time. (2) Subject to the provisions of this Act, a District Panchayat shall, within the limits of its jurisdiction, exercise the powers and perform the functions conferred on it by or under this Act. 165. Annual Report of District Panchayat Annual Report of District Panchayat.—(1) The Secretary of the District Panchayat shall prepare an annual report of the administration of the District Panchayat. (2) The report shall be placed before the District Panchayat for consideration and approval. (3) The approved report shall be submitted to the Government before such date as may be prescribed. 166. Returns and Reports of District Panchayat Returns and Reports of District Panchayat.— (1) The District Panchayat shall furnish to the Government or to such officer as the Government may appoint in this behalf, such reports, returns, statistics and other information as the Government may, from time to time, require. (2) The reports, returns, statistics and other information shall be furnished in such form and within such time as may be prescribed. CHAPTER IX Taxation and Finance 167. Local Cess Local Cess.— (1) There shall be levied and collected in every Panchayat village as a local cess at the rate of one rupee on every rupee of land revenue payable to the Government in respect of any land in the Panchayat village. (2) The local cess shall be collected by the land revenue agency of the Government and credited to the Village Panchayat Fund after deducting such collection charges as the Government may prescribe. (3) The Government may, by notification, set apart the whole or a portion of the local cess collected under this section for the purpose of being credited to the Panchayat Union (General) Fund. 168. Local Cess Surcharge Local Cess Surcharge.- The Panchayat Union Council may levy a surcharge on the local cess at such rate as may be considered suitable for all or any of the purposes specified in Section 112, on all occupied lands in the Panchayat Union which are for the time being liable to the payment of land revenue to the Government: Provided that the rate of surcharge shall not exceed 1[ten rupees] on every rupee of local cess. 169. Rules regarding collection of Local cess, Local Cess Surcharge and Surcharge on the Duty on transfers of property Rules regarding collection of Local cess, Local Cess Surcharge and Surcharge on the Duty on transfers of property.- (1) The local cess, the local cess surcharge and the surcharge on the duty on transfers of property levied under this Act shall be collected and credited to the Village Panchayat Fund or Panchayat Union Fund, as the case may be, in such manner as may be prescribed. (2) The Government may make rules for fixing the proportionate cost of collection of the local cess, the local cess surcharge and the surcharge on the duty on transfers of property and for the payment thereof to the Government. 170. Land Revenue Assignment Land Revenue Assignment.- (1) The Government shall, after due appropriation made by the State Legislature by law in this behalf, pay to the Village Panchayat, the Panchayat Union Council and the District Panchayat annually, a sum as a grant for the purposes of this Act. (2) The grant payable under sub-section (1) shall be such as may be determined by the Government, having regard to the land revenue derived from the respective jurisdictions of the Village Panchayat, the Panchayat Union Council and the District Panchayat. (3) The Government may, from time to time, by order, determine the principles of apportionment of the land revenue among the Village Panchayat, the Panchayat Union Council and the District Panchayat. 171. Taxes leviable by Village Panchayats Taxes leviable by Village Panchayats.- (1) A Village Panchayat may levy in the Panchayat village— (a) a house tax; (b) a levy on the basis of land revenue; (c) a tax on agricultural land for a specific purpose; (d) a tax on consumption of goods; and (e) an advertisement tax. (2) The Government may, by notification, specify the rates at which such taxes may be levied and the manner in which they may be collected. (3) The Village Panchayat shall levy any tax, as aforementioned, if the Government so directs by general or special order. 172. House-tax House-tax. — (1) The house-tax shall be levied on all houses in the Village Panchayat on a graduated scale or at a proportionate rate as may be prescribed. (2) The house-tax shall be levied at such rates as may be fixed by the Village Panchayat, not exceeding the maximum rates prescribed. (3) The Village Panchayat may, subject to such rules as may be prescribed, exempt any house or class of houses from the tax. 173. [Omitted] [***] Omitted by Tamil Nadu Act 29 of 1995 174. Appeal against assessments Appeal against assessments.—(1) An appeal shall lie to the District Panchayat against any claim included in or any assessment made with respect to, any tax or fee under this Act, (2) (a) No such appeal shall be heard by the District Panchayat unless— (i) the appeal is presented within thirty days from the date of service of the notice of demand; and (ii) the tax or fee has been paid or deposited with the Executive Authority of the Village Panchayat or the Commissioner of the Panchayat Union Council or the Secretary of the District Panchayat, as the case may be: Provided that the District Panchayat may, if it thinks fit, reduce the amount to be paid or deposited for the purpose of this clause. (b) The decision of the District Panchayat on any such appeal shall be final. 175. Duty on transfer of property Duty on transfer of property.—(1) The duty on transfers of property shall be levied in the form of a surcharge on the duty imposed by the Indian Stamp Act, 1899 (Central Act II of 1899), on every instrument of the description specified below, which relates to immovable property situated within the limits of a Village Panchayat, Panchayat Union or District Panchayat, as the case may be, at such rate as may be fixed by the Government not exceeding five per centum of the amount or value of the consideration for the sale, or the value of the property in the case of a gift or exchange or value of the amount set forth in the instrument in the case of a mortgage, as the case may be, of the immovable property under transfer: (a) Sale of immovable property; (b) Exchange of immovable property; (c) Gift of immovable property; (d) Mortgage of immovable property; (e) Lease in perpetuity of immovable property. (2) On the introduction of the duty on transfers of property,- (a) Section 27 of the Indian Stamp Act, 1899 (Central Act II of 1899) shall be read as if it required the particulars to be set forth separately in respect of property situated within the limits of the local authority concerned as outside such limits; (b) Section 64 of the same Act shall be read as if it referred to the Village Panchayat, Panchayat Union Council or District Panchayat as well as the Government. (3) The Government may make rules for regulating the collection of the duty on transfers of property, the payment thereof to the Village Panchayat, Panchayat Union Council or District Panchayat concerned and the deduction of any expenses incurred by the Government in the collection thereof. 176. Exemption Exemption.—The Government may, by notification, exempt any person or class of persons or any property or description of property from the payment of any tax leviable under this Act: Provided that the Village Panchayat or Panchayat Union Council concerned shall be consulted before any exemption is granted under this section. 177. Power to require land revenue staff to collect taxes and fees due to Village Panchayats Power to require land revenue staff to collect taxes and fees due to Village Panchayats.—Subject to such rules as may be prescribed, the Government may, by notification, require the land revenue staff of the Government or any other staff of the Government to collect any tax or fee due to a Village Panchayat on behalf of such Village Panchayat, and such staff shall be entitled to recover the same as if it were an arrear of land revenue. 178. Write-off of irrecoverable amounts Write-off of irrecoverable amounts.—(1) Subject to such restrictions and control as may be prescribed, a Village Panchayat or a Panchayat Union Council may write off any tax, fee or other amount whatsoever due to it, whether under a contract or otherwise, or any sum payable in connection therewith, if in its opinion, such tax, fee, amount or sum is irrecoverable : Provided that no sum exceeding five hundred rupees shall be written off by a Village Panchayat without the previous sanction of the Panchayat Union Council, and no sum exceeding two thousand rupees shall be written off by the Panchayat Union Council without the previous sanction of the Inspector. (2) The Inspector may, for reasons to be recorded, stay the collection of any tax, fee or other amount or write off any tax, fee or other amount due to the Village Panchayat or Panchayat Union Council, which in his opinion is irrecoverable. 179. Local Education Grant Local Education Grant.—(1) The Government shall pay to the Panchayat Union Council as a Local Education Grant, a sum equivalent to the expenditure incurred by the Panchayat Union Council on the maintenance of elementary schools, subject to such rules as may be prescribed. (2) The Government may also pay to the Panchayat Union Council such other grants as they may deem necessary for the purposes of elementary education. 180. [Omitted] [***] Omitted by Tamil Nadu Act 30 of 1999 181. Classification of Panchayat Development Blocks Classification of Panchayat Development Blocks. — The Government may, by notification, classify the Panchayat Development Blocks in the State into such number of grades as may be prescribed, having regard to the local conditions and other prescribed factors. 182. [Omitted] [***] Omitted by Tamil Nadu Act 30 of 1999 183. [Omitted] [***] Omitted by Tamil Nadu Act 30 of 1999 184. [Omitted] [***] Omitted by Tamil Nadu Act 30 of 1999. 185. Constitution of Panchayat Union Fund and Village Panchayat Fund Constitution of Panchayat Union Fund and Village Panchayat Fund. — (1) There shall be constituted a Panchayat Union Fund for each Panchayat Union and a Village Panchayat Fund for each Village Panchayat. (2) The following shall be credited to the Panchayat Union (General) Fund and the Panchayat Union (Education) Fund respectively:— (a) the contributions or income referred to in Sections 186 and 187; (b) all receipts and income derived from sources of income of the Panchayat Union Council; (c) all sums received by the Panchayat Union Council by way of grant or loan from the Government or from any other public body or from private individuals; (d) all sums received as contributions from the Village Panchayat Council; (e) all sums received as share of the taxes or income by the Panchayat Union Council from the Government or other local authorities. (3) The following shall be credited to the Village Panchayat Fund:— (a) the taxes, cesses, fees and other income referred to in Section 188; (b) all receipts and income derived from sources of income of the Village Panchayat; (c) all sums received by the Village Panchayat by way of grant or loan from the Government or from any other public body or from private individuals; (d) all sums received as contributions from the Panchayat Union Council; (e) all sums received as share of the taxes or income by the Village Panchayat from the Government or other local authorities. 186. Panchayat Union (General) Fund Panchayat Union (General) Fund. — (1) The Panchayat Union Council shall establish and maintain a fund to be called the "Panchayat Union (General) Fund". (2) There shall be credited to the Panchayat Union (General) Fund:— (a) such part of the Land Cess, Local Cess, Local Cess Surcharge and Surcharge on the duty on transfers of property as may be allocated to the Panchayat Union Council; (b) the share of the proceeds of taxes and tolls and fees of the Panchayat Union Council; (c) the sums contributed by the Village Panchayats; (d) the general grants of the Government; (e) donations and any other sums received by the Panchayat Union Council for general purposes; and (f) all other moneys received by or on behalf of the Panchayat Union Council other than those specified in Section 187. 187. Panchayat Union (Education) Fund Panchayat Union (Education) Fund. — (1) The Panchayat Union Council shall establish and maintain a separate fund to be called the "Panchayat Union (Education) Fund". (2) There shall be credited to the Panchayat Union (Education) Fund:— (a) the Local Education Grant; (b) such grants of the Government as may be earmarked for education; (c) contributions from other sources for specific educational purposes; (d) income from any trust or endowment for educational purposes; (e) any other sums received for educational purposes by the Panchayat Union Council. 188. Village Panchayat Fund Village Panchayat Fund. — (1) All moneys received by the Village Panchayat shall be credited to a fund, which shall be called the "Village Panchayat Fund". (2) All moneys received by the Village Panchayat shall be lodged in the nearest Government Treasury or in the nearest Co-operative Bank approved by the Government or in the Post Office Savings Bank. (3) The Village Panchayat Fund shall be applied subject to the provisions of this Act and the rules made thereunder and such other special or general orders as may be issued by the Government for the purpose of this Act. 189. District Panchayat (General) Fund District Panchayat (General) Fund. — (1) There shall be a fund for each District Panchayat which shall be called the "District Panchayat (General) Fund". (2) There shall be credited to the District Panchayat (General) Fund— (a) the contributions, if any, from the Government; (b) the share of the taxes and fines imposed by the District Panchayat; (c) all moneys received by or on behalf of the District Panchayat by virtue of this Act or any other law for the time being in force or under any grant or gift; (d) all income from trusts and endowments managed by the District Panchayat; (e) [Omitted by Tamil Nadu Act 30 of 1999] (f) all moneys received from the Government or from any other local authority by way of grant or contribution; (g) all interest and profits arising from any investment of, or from any transaction in connection with, any money belonging to the District Panchayat; (h) all moneys received by the District Panchayat in the course of the administration of the District Panchayat. (3) All moneys received by the District Panchayat shall be lodged in the nearest Government Treasury or in the nearest Co-operative Bank approved by the Government or in the Post Office Savings Bank. 190. Application of moneys received and expenditure from funds Application of moneys received and expenditure from funds. – The moneys received and the expenditure incurred by a Panchayat shall be credited to or debited from, as the case may be, the fund of the respective Panchayat in accordance with the provisions of this Act. 191. Expenditure from Village Panchayat Fund and Panchayat Union Fund Expenditure from Village Panchayat Fund and Panchayat Union Fund.– (1) The purposes to which the Village Panchayat Fund and the Panchayat Union Fund may be applied include all objects expressly declared obligatory or discretionary by this Act or any rules made thereunder or by any other laws and the funds shall be applicable thereto within the limits of the Panchayat Village or the Panchayat Union, as the case may be, and may be so applied outside such limits either with the sanction of the Government or with the sanction of such authority as may be prescribed. (2) (a) The Village Panchayat Fund or the Panchayat Union Fund may be applied for the contribution towards any fund for the defence of India. (b) A Village Panchayat or a Panchayat Union Council may, with the sanction of the Government, contribute to any fund for the relief of distress caused by natural calamities in any part of India or to the funds of any institution which is not a source of profit to the persons in charge of it and which is maintained for the relief of the poor or for the treatment of diseases or for any other charitable purpose. (c) Provided that the aggregate of the contributions made in any year shall not exceed such percentage of the total receipts of the Village Panchayat or the Panchayat Union Council as may be prescribed. 192. Preparation and sanction of Budgets Preparation and sanction of Budgets.—(1) The Executive Authority of every Village Panchayat shall, in each year, prepare and place before the Village Panchayat, a budget containing- (a) the probable receipts and the expenditure of the Village Panchayat; (b) the opening balance of the current year; and (c) the estimated closing balance for the current year; and the Village Panchayat shall sanction such budget with such modifications as it thinks fit. (2) Every Panchayat Union Council and every District Panchayat shall, in each year, prepare and place before it, a budget containing— (a) the probable receipts and the expenditure; (b) the opening balance; and (c) the estimated closing balance; and such budget shall be sanctioned by the Panchayat Union Council or the District Panchayat, as the case may be. (3) The budget of the Village Panchayat shall be submitted to the Panchayat Union Council and the budget of the Panchayat Union Council shall be submitted to the District Panchayat and the budget of the District Panchayat shall be submitted to the Government for information. 193. Appointment of Auditors Appointment of Auditors.—(1) The Government shall appoint auditors of the accounts of the receipts and expenditure of the funds of the Village Panchayat, Panchayat Union Council and District Panchayat. (2) The auditors appointed under sub-section (1) shall maintain such accounts and follow such procedure as may be prescribed. (3) The auditors shall also examine and decide whether any expenditure incurred is, or is not, incurred in accordance with law or rules made thereunder and shall disallow and surcharge any item of expenditure incurred contrary to law or rules. (4) The audit report shall be published in such manner as may be prescribed. 194. Contribution to expenditure by other Local Authorities Contribution to expenditure by other Local Authorities.—If the expenditure incurred by the Government or by any other Panchayat or by any other local authority in the State for any purpose authorised by or under this Act, is such as to benefit the inhabitants of the area within the jurisdiction of the Panchayat, the Panchayat may, with the sanction of the Government, make a contribution towards such expenditure. 195. Recovery of loans and advances made by Government Recovery of loans and advances made by Government.—(1) If any loan or advance of money is made by the Government to any Panchayat, it shall be the duty of such Panchayat to repay the same and to pay interest thereon, if any, at such rates and at such times and in such manner as the Government may determine. (2) If the Panchayat fails to make any payment referred to in sub-section (1), the Government may,— (a) attach the funds of the Panchayat or any portion thereof; (b) give notice to the person in charge of such funds to pay the amount due to the Government out of such funds; and (c) in the event of such person failing to pay, make an order to any bank in which the funds of the Panchayat are deposited to pay such amount out of the funds of the Panchayat to the Government, and such bank shall be bound to comply with such order. 196. Application of certain sections to this Act to District Panchayat Application of certain sections to this Act to District Panchayat.— the Government may, by notification, direct that any of the provisions of Sections 190 to 195 (both inclusive), shall extend to, and be in force in, the District Panchayat, subject to such alterations (not affecting the substance) as may be necessary or proper for the purpose of adapting them to the District Panchayat and the Commissioner or any other officer or servant of the District Panchayat, as the case may be. 197. Certain powers and functions of District Panchayat to be notified by the Government Certain powers and functions of District Panchayat to be notified by the Government.— The Government may, by notification, entrust to the District Panchayat such powers and functions relating to the development plan in the district as may be specified in the said notification. 198. Finance Commission Finance Commission. — (1) The Governor shall, as soon as may be, within one year from the commencement of the Constitution (Seventy-third Amendment) Act, 1992, and thereafter at the expiration of every fifth year, constitute a Finance Commission to review the financial position of the Village Panchayats, Panchayat Union Councils and District Panchayats and to make recommendations to the Governor as to— (a) the principles which should govern— (i) the distribution between the State and the Panchayats of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them under this Act and the allocation between the Village Panchayats, Panchayat Union Councils and District Panchayats of their respective shares of such proceeds; (ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the Panchayats; (iii) the grants-in-aid to the Panchayats from the Consolidated Fund of the State; (b) the measures needed to improve the financial position of the Panchayats; (c) any other matter referred to the Finance Commission by the Governor in the interests of sound finance of the Panchayats. (2) The Finance Commission shall consist of such number of members having such qualifications as may be prescribed by the Government. (3) The Finance Commission shall determine their procedure and shall have such powers in the performance of their functions as the Government may, by notification, confer on them. (4) The Governor shall cause every recommendation made by the Commission under this section together with an explanatory memorandum as to the action taken thereon to be laid before the Legislative Assembly. CHAPTER X Controlling Authorities 199. Appointment of officers to supervise Panchayats Appointment of officers to supervise Panchayats. — (1) For the purposes of this Act, the Government may appoint such officers as they may consider necessary for the purpose of inspecting or superintending the operations of all or any of the Panchayats constituted under this Act. (2) In particular and without prejudice to the generality of the foregoing power, the Government may appoint the Inspector, the Collectors of districts and such other officers as they may deem fit for the purpose of — (a) supervising the acts and proceedings of all or any of the Panchayats; (b) enquiring into and reporting on any matter connected with the administration of all or any of the Panchayats; (c) inspecting all or any of the Panchayats or any office or institution under the control of any of the Panchayats. 200. Powers of Inspecting Officers Powers of Inspecting Officers.- The Inspector or any officer appointed by the Government in this behalf may- (a) enter on and inspect, or cause to be inspected, any immovable property, or any work in progress under the control of any Panchayat; (b) enter on and inspect any record, correspondence, plan or other document in the possession of, or under the control of, any Panchayat; (c) enter on and inspect any institution maintained by, or under the control of, any Panchayat and any register, books or documents maintained therein; and (d) for the inspection or examination purposes aforesaid, delegate any officer to exercise all or any of the powers under this section. 201. Powers of officers for purpose of control Powers of officers for purpose of control.- (1) The Government or the Inspector or any officer authorized by them in this behalf may— (a) direct any Panchayat to make provision for and to execute such works as may be specified therein and as may be necessary for the health or safety of the public; (b) require any Panchayat to furnish such statements, accounts, reports, documents or copies of documents relating to the proceedings or duties of the Panchayat as they may think fit; (c) call for any record of any proceeding of any Panchayat or any committee of such Panchayat and may revise any order passed therein, if in their opinion, the resolution or order is not in accordance with law or is in excess of the powers conferred by this Act or any other enactment or is likely to cause danger to human life, health, safety or is calculated to lead to a riot or affray; (d) record in writing any observation in regard to the proceedings or duties of the Panchayat and the same shall be placed before the next meeting of the Panchayat for its information and consideration and for taking such action as the Panchayat may deem necessary. (2) The power of revision under clause (c) of sub-section (1) shall be exercised by the Government or the Inspector, as the case may be, in accordance with such procedure as may be prescribed. 202. Powers to suspend or cancel resolution, etc. under the Act Powers to suspend or cancel resolution, etc. under the Act — (1) The Inspector may, by order in writing,- (i) suspend or cancel any resolution passed, order issued, or licence or permission granted, or (ii) prohibit the doing of any act which is about to be done or is being done in pursuance or under colour of this Act, if, in his opinion,— (a) such resolution, order, licence, permission or act has not been legally passed, issued, granted or authorised, or (b) such resolution, order, licence, permission or act is in excess of the powers conferred by this Act or any other law, or (c) the execution of such resolution or order, or the continuance in force of such licence or permission or the doing of such act is likely to cause danger to human life, health or safety, or is likely to lead to a riot or affray. Provided that nothing in this sub-section shall enable the Inspector to set aside any decision of the Grama Sabha or any election which has already been conducted. (2) The Inspector shall, before taking action under sub-section (1), give the authority or person concerned a reasonable opportunity for explanation. (3) If, in the opinion of the Inspector, immediate action is necessary, he may suspend a resolution, order, licence, permission or act, as the case may be, under sub-section (1), pending the explanation of the authority or person concerned. Provided that the Inspector shall pass final orders within a period of one month from the date of his order under this sub-section. 203. Emergency powers of Collector and Inspector Emergency powers of Collector and Inspector — (1) The Collector or the Inspector may, in case of emergency, direct or provide for the execution of any work, or the doing of any act which a Village Panchayat, Panchayat Union Council or District Panchayat or its Executive Authority or the Commissioner or the Secretary is empowered to execute or do, and the immediate execution or doing of which is, in his opinion, necessary for the safety or protection of the public, and may direct that the expense of executing such work or doing such act shall be paid by the person having the custody of the Village Panchayat Fund or the Panchayat Union Fund or the District Panchayat Fund, as the case may be. (2) If the expense is not so paid, the Collector or the Inspector may make an order directing the person having the custody of the balance of the relevant fund to pay the expense, or so much thereof as is from time to time possible, from such balance, in priority to any or all other charges against the same. (3) The Collector or the Inspector shall report to the Government every case in which he exercises his powers under this section. 204. Power to take action in default of a Village Panchayat, President or Executive Authority, etc Power to take action in default of a Village Panchayat, President or Executive Authority, etc. – (1) If at any time it appears to the Inspector that the Village Panchayat, President or Executive Authority has made default in performing any duty imposed by or under this Act or any other Act, he may, by order in writing, fix a period for the performance of such duty. (2) If such duty is not performed within the period so fixed, the Inspector may appoint some person to perform it, and may direct that the expense of performing it shall be paid by the Village Panchayat to the Government within such time as he may fix. (3) If the expense is not so paid, the Inspector may make an order directing the person having the custody of the Village Panchayat Fund to pay it in priority to any other charge against such fund. (4) The Inspector may also, if in his opinion the immediate execution of any work is necessary for the safety or protection of the public, direct the execution of such work by the person appointed by him. 205. Removal of President Removal of President. – (1) The Inspector may remove the President from office, if in his opinion— (a) the President willfully omits or refuses to carry out or disobeys any provision of this Act, or any rule, by-law, regulation or lawful order made or issued under this Act; or (b) the President abuses his powers or is guilty of misconduct in the discharge of his duties; or (c) the President fails to convene the meetings of the Grama Sabha consecutively for two times. (2) The Inspector shall, before passing an order under sub-section (1), give the President a reasonable opportunity of explaining his conduct and furnish a copy of the report along with a copy of the statement specifying the charges and shall conduct an enquiry. (3) Any person who has been removed from the office of the President under sub-section (1) shall not be eligible for re-election as President for a period of five years from the date of his removal: Provided that the Inspector may, for sufficient cause, remit the disqualification. (4) A President removed from office under this section shall vacate his office forthwith. (5) If the President does not vacate his office, the Inspector may, by order, seize and take possession of the office of the President and the records and other properties of the Village Panchayat in his custody or under his control. 206. Removal of Vice President Removal of Vice-President. – (1) If the Village Panchayat at a meeting specially convened for the purpose, passes a resolution for the removal of the Vice-President by a majority of its sanctioned strength, the Inspector shall, after giving the Vice-President an opportunity of showing cause against the removal, by notification, remove the Vice-President from office. (2) A copy of the resolution for the removal of the Vice-President shall be forthwith sent to the Inspector. (3) If the Vice-President fails to show cause within the time specified by the Inspector, the Inspector shall pass such order as he deems fit. (4) The Vice-President who is removed from his office shall not be eligible for re-election as Vice-President for the residue of the period of his office as member of the Village Panchayat. 207. Removal of Chairman of Panchayat Union Council Removal of Chairman of Panchayat Union Council. – (1) If the Panchayat Union Council at a meeting specially convened for the purpose, passes a resolution for the removal of the Chairman by a majority of its sanctioned strength, the Government shall, after giving the Chairman an opportunity of showing cause against the removal, by notification, remove the Chairman from office. (2) A copy of the resolution for the removal of the Chairman shall be forthwith sent to the Government. (3) If the Chairman fails to show cause within the time specified by the Government, the Government shall pass such order as they deem fit. (4) The Chairman who is removed from his office shall not be eligible for re-election as Chairman for the residue of the period of his office as member of the Panchayat Union Council. 208. Removal of Vice Chairman of Panchayat Union Council Removal of Vice Chairman of Panchayat Union Council.- (1) The Panchayat Union Council may remove its Vice Chairman from office by a resolution carried by a majority of the sanctioned strength of the Panchayat Union Council. (2) The notice of the intention to move a resolution under sub-section (1) shall be made in writing and signed by not less than one-third of the sanctioned strength of the Panchayat Union Council and a copy of the said notice shall be delivered to the Chairman of the Panchayat Union Council in person. (3) The Chairman of the Panchayat Union Council shall, within seven days from the date of delivery of such notice, convene a special meeting for the purpose of considering the said resolution. (4) The meeting convened under sub-section (3) shall be presided over by the Chairman of the Panchayat Union Council. (5) The resolution moved under sub-section (1) shall not be adjourned. (6) As soon as the resolution is carried by a majority of the sanctioned strength of the Panchayat Union Council, the Vice Chairman shall forthwith cease to hold office. (7) If the resolution is not carried by a majority of the sanctioned strength of the Panchayat Union Council, no notice of any subsequent resolution for the removal of the same Vice Chairman of the Panchayat Union Council shall be received for a period of six months from the date of the meeting at which the resolution was not carried. 209. Removal of Chairman of District Panchayat Removal of Chairman of District Panchayat.- (1) The District Panchayat may remove its Chairman from office by a resolution carried by a majority of the sanctioned strength of the District Panchayat. (2) The notice of the intention to move a resolution under sub-section (1) shall be made in writing and signed by not less than one-third of the sanctioned strength of the District Panchayat and a copy of the said notice shall be delivered to the Vice Chairman of the District Panchayat in person. (3) The Vice Chairman of the District Panchayat shall, within seven days from the date of delivery of such notice, convene a special meeting for the purpose of considering the said resolution. (4) The meeting convened under sub-section (3) shall be presided over by the Vice Chairman of the District Panchayat. (5) The resolution moved under sub-section (1) shall not be adjourned. (6) As soon as the resolution is carried by a majority of the sanctioned strength of the District Panchayat, the Chairman shall forthwith cease to hold office. (7) If the resolution is not carried by a majority of the sanctioned strength of the District Panchayat, no notice of any subsequent resolution for the removal of the same Chairman of the District Panchayat shall be received for a period of six months from the date of the meeting at which the resolution was not carried. 210. Removal of Vice Chairman of District Panchayat Removal of Vice Chairman of District Panchayat. – (1) The District Panchayat may, by a resolution passed by a majority of the sanctioned strength of the District Panchayat, remove the Vice Chairman of the District Panchayat, if he is proved to be guilty of misconduct in the discharge of his duties; Provided that no such resolution shall be passed unless the Vice Chairman has been given a reasonable opportunity of making his representation. (2) A copy of the resolution passed under sub-section (1) shall be sent to the Government for record. 211. Motion of no confidence in Vice President of Village Panchayat Motion of no confidence in Vice President of Village Panchayat. – (1) Subject to the provisions of this section, a motion expressing want of confidence in the Vice President of a Village Panchayat may be made by giving a written notice of the intention to move the motion in such form and in such manner as may be prescribed, signed by not less than one- fifth of the sanctioned strength of the Village Panchayat, together with a copy of the motion proposed to be made, and the said notice shall be delivered in person by any two of the members signing the notice to the President of the Village Panchayat; Provided that no notice of motion under this section shall be made within six months from the date of assumption of office by the Vice President. (2) The President shall convene a meeting for the consideration of the motion to be held at the Village Panchayat office on a date appointed by him which shall not be less than thirty days and not more than thirty-five days from the date on which the notice under sub- section (1) was delivered to him without fail. (3) The President shall send six days notice of such meeting together with a copy of the motion and of the explanatory statement accompanying the motion and the written statement, if any, of the Vice President to every member of the Village Panchayat at his registered address. (4) The President shall preside at the meeting convened under this section and no other person shall preside thereat. If for any reason the President is unable to preside at the meeting, the meeting shall be adjourned to such other date as he may appoint. (5) A meeting convened for the purpose of considering a no confidence motion shall not for any reason be adjourned. (6) A meeting convened for the purpose of considering a no confidence motion shall not be dissolved. (7) As soon as the meeting convened under this section has commenced, the President shall read to the Village Panchayat the motion for the consideration of which the meeting has been convened and shall call upon the members to vote upon the motion. (8) No debate on any motion under this section shall be permitted. (9) The voting on the motion shall be by secret ballot and the quorum for the meeting shall be one-third of the sanctioned strength of the Village Panchayat. (10) The motion shall be carried if it is supported by the votes of not less than three-fourths of the sanctioned strength of the Village Panchayat. (11) If the motion is carried, the Vice President shall cease to hold office as such, with effect from the date of the passing of the resolution. (12) If the motion is not carried, or if the meeting could not be held for want of a quorum, no notice of any subsequent motion expressing want of confidence in the Vice President shall be made until the expiration of six months from the date of such meeting. (13) No notice of motion under this section shall be made within six months of the expiration of the term of office of the Village Panchayat. 212. Motion of no confidence in Chairman or Vice Chairman of Panchayat Union Council Motion of no confidence in Chairman or Vice Chairman of Panchayat Union Council. — (1) Where a notice of intention to make a motion expressing want of confidence in the Chairman or Vice Chairman of a Panchayat Union Council, signed by members of the Panchayat Union Council not less than one-half of the sanctioned strength of the Panchayat Union Council, is given to the Revenue Divisional Officer, the Revenue Divisional Officer shall convene a meeting for the consideration of the motion at the office of the Panchayat Union Council on a date appointed by him which shall not be later than thirty days from the date on which the notice was given to him. (2) The Revenue Divisional Officer shall preside at such meeting. He shall not have the right to vote. (3) A copy of the notice of the motion shall be delivered to the Chairman or Vice Chairman concerned by the Revenue Divisional Officer. (4) The quorum for a meeting under this section shall be two-thirds of the sanctioned strength of the Panchayat Union Council. (5) If the motion is carried with the support of not less than two-thirds of the sanctioned strength of the Panchayat Union Council, the Revenue Divisional Officer shall report the fact to the Government and the Chairman or the Vice Chairman, as the case may be, shall, on the passing of the motion, cease to hold office. (6) If the motion is not carried by such a majority, no notice of any subsequent motion expressing want of confidence in the same Chairman or Vice Chairman shall be received until after the expiry of six months from the date of the meeting. (7) No notice of a motion under this section shall be received within one year of the assumption of office by the Chairman or Vice Chairman. 213. Motion of no confidence in Chairman or Vc of District Panchayat Motion of no confidence in Chairman or Vc of District Panchayat. — (1) Where a notice of intention to make a motion expressing want of confidence in the Chairman or Vice Chairman of a District Panchayat, signed by members of the District Panchayat not less than one-half of the sanctioned strength of the District Panchayat, is given to the Collector, the Collector shall convene a meeting for the consideration of the motion at the office of the District Panchayat on a date appointed by him which shall not be later than thirty days from the date on which the notice was given to him. (2) The Collector shall preside at such meeting. He shall not have the right to vote. (3) A copy of the notice of the motion shall be delivered to the Chairman or Vice Chairman concerned by the Collector. (4) The quorum for a meeting under this section shall be two-thirds of the sanctioned strength of the District Panchayat. (5) If the motion is carried with the support of not less than two-thirds of the sanctioned strength of the District Panchayat, the Collector shall report the fact to the Government and the Chairman or the Vice Chairman, as the case may be, shall, on the passing of the motion, cease to hold office. (6) If the motion is not carried by such a majority, no notice of any subsequent motion expressing want of confidence in the same Chairman or Vice Chairman shall be received until after the expiry of six months from the date of the meeting. (7) No notice of a motion under this section shall be received within one year of the assumption of office by the Chairman or Vice Chairman. 214. Dissolution of Village Panchayat Dissolution of Village Panchayat.—(1) If, in the opinion of the Government, a Village Panchayat is not competent to perform, or persistently makes default in performing, the duties imposed on it by law, or exceeds or abuses its powers, or refuses to carry out the directions given by the Government, the Government may, by notification, direct that the Village Panchayat be dissolved with effect from a specified date and reconstituted either immediately or with effect from another specified date, and that the powers and duties of the Village Panchayat shall, in the meantime, be exercised and performed by such person or persons as the Government may appoint in this behalf. (2) Before publishing a notification under sub-section (1), the Government shall communicate to the Village Panchayat the grounds on which they propose to do so, fix a reasonable period for the Village Panchayat to show cause against the proposal and consider its explanations and objections, if any. (3) On the date specified in the notification of dissolution under sub-section (1), all its members as well as its President and Vice-President shall forthwith be deemed to have vacated their offices. (4) The Government may reconstitute the Village Panchayat in accordance with the provisions of this Act. (5) Any person or persons appointed under sub-section (1) shall exercise and perform the powers and duties of the Village Panchayat and shall hold office until the date specified for the reconstitution of the Village Panchayat. 215. Dissolution of Panchayat Union Council Dissolution of Panchayat Union Council.—(1) If, in the opinion of the Government, a Panchayat Union Council is not competent to perform, or persistently makes default in performing, the duties imposed on it by law, or exceeds or abuses its powers, or refuses to carry out the directions given by the Government, the Government may, by notification, direct that the Panchayat Union Council be dissolved with effect from a specified date and reconstituted either immediately or with effect from another specified date, and that the powers and duties of the Panchayat Union Council shall, in the meantime, be exercised and performed by such person or persons as the Government may appoint in this behalf. (2) Before publishing a notification under sub-section (1), the Government shall communicate to the Panchayat Union Council the grounds on which they propose to do so, fix a reasonable period for the Panchayat Union Council to show cause against the proposal and consider its explanations and objections, if any. (3) On the date specified in the notification of dissolution under sub-section (1), all its members as well as its Chairman and Vice-Chairman shall forthwith be deemed to have vacated their offices. (4) The Government may reconstitute the Panchayat Union Council in accordance with the provisions of this Act. (5) Any person or persons appointed under sub-section (1) shall exercise and perform the powers and duties of the Panchayat Union Council and shall hold office until the date specified for the reconstitution of the Panchayat Union Council. 216. Dissolution of District Panchayat Dissolution of District Panchayat.- (1) If, in the opinion of the Government, a District Panchayat is not competent to perform, or persistently makes default in performing the duties imposed on it by law, or exceeds or abuses its powers, the Government may, by notification, direct that the District Panchayat be dissolved. (2) Before issuing a notification under sub-section (1), the Government shall give the District Panchayat a reasonable opportunity of showing cause against the proposal and shall consider its explanation and objections, if any. (3) If the District Panchayat is dissolved under sub-section (1), all members of the District Panchayat shall forthwith vacate their office as such members. (4) All powers and duties of the District Panchayat under this Act shall, during the period of dissolution, be exercised and performed by such officer or authority as the Government may appoint in this behalf. (5) The members of the District Panchayat shall be re-elected at an election which shall be held within a period of six months from the date of such dissolution. (6) Any District Panchayat dissolved before the expiration of its duration shall be reconstituted for the remainder of the period for which the dissolved District Panchayat would have continued under section 31, had it not been so dissolved. 217. Powers of officers acting on behalf of Panchayat and liability for payment of compensation Powers of officers acting on behalf of Panchayat and liability for payment of compensation.- (1) Where the powers and duties of a Panchayat are exercised and performed by an officer or authority appointed in this behalf by the Government under this Act, such officer or authority shall be subject to the control of the Government. (2) Any person who suffers any damage or loss by reason of any action taken by such officer or authority in the exercise of the powers or in the performance of the duties of the Panchayat shall be entitled to receive such compensation from the funds of the Panchayat as may be determined by the Government, and the decision of the Government in this behalf shall be final and binding. 218. Delegation of powers Delegation of powers.- (1) The Government may, by notification, authorize any authority, officer or person to exercise in regard to any Village Panchayat, any Panchayat Union Council or any District Panchayat, or all the Village Panchayats, Panchayat Union Councils or District Panchayats in the State, any of the powers vested in them by this Act except the power to make rules; and may in like manner withdraw such authority. (2) The Inspector may, by notification, authorize any officer or person to exercise in regard to any Village Panchayat, any Panchayat Union Council or any District Panchayat, or all the Village Panchayats, Panchayat Union Councils or District Panchayats in his jurisdiction, any of the powers vested in him by this Act; and may in like manner withdraw such authority. (3) The exercise of any power delegated under sub-section (1) or sub-section (2) shall be subject to such restrictions and conditions as may be prescribed or as may be specified in the notification, and also to control and revision by the delegating authority or by such appellate authority as may be empowered by the Government in this behalf. (4) The exercise of any power delegated under sub-section (1) or sub-section (2) shall also be subject to control and revision by the Government or by such authority as may be empowered by the Government in this behalf, as the case may be. 219. Revision Revision.- (1) The Government may, either suo motu or on application, call for and examine the record of any order passed or proceeding recorded under the provisions of this Act by – (a) the Inspector or any officer or person authorized by him under sub-section (2) of Section 218; (b) the Collector; (c) any officer or authority to whom powers have been delegated by the Government under sub-section (1) of Section 218; or (d) any other authority or officer in respect of which or whom no appeal is provided under this Act, for the purpose of satisfying themselves as to the legality or propriety of such order, or as to the regularity of such proceeding and pass such order in reference thereto as they think fit: Provided that the Government shall not pass any order prejudicial to any party unless such party has had a reasonable opportunity of making representations. (2) The powers of the nature referred to in sub-section (1) may also be exercised by the Inspector in respect of any order passed or proceeding recorded by any authority, officer or person on whom the powers of the Inspector have been conferred or to whom the functions of the Inspector have been delegated. CHAPTER XI General and Miscellaneous Licences and Permissions 220. General provisions regarding licences and permissions General provisions regarding licences and permissions. — (1) Save as otherwise expressly provided in, or may be prescribed under this Act, every application for any licence or permission under this Act or any rule, bye-law or regulation made thereunder, or for the renewal thereof, shall be made to the Executive Authority or the Commissioner or the Secretary, as the case may be, in such form and with such fee as may be prescribed by the Village Panchayat or Panchayat Union Council or District Panchayat. (2) Save as otherwise expressly provided in, or may be prescribed under this Act, for every such licence or permission, fees may be charged at such rates as may be fixed by the Village Panchayat or Panchayat Union Council or District Panchayat. (3) Save as otherwise expressly provided in, or may be prescribed under this Act, if orders on an application for licence or permission are not communicated to the applicant within forty-five days or such longer period as may be prescribed in any class of cases after the receipt of the application by the Executive Authority or Commissioner or the Secretary, as the case may be, the application shall be deemed to have been allowed for the period, if any, for which it would have been ordinarily allowed and subject to the law, rules, bye-laws and all conditions ordinarily imposed. (4) The acceptance of the pre-payment of the fee for any licence or permission or for its renewal shall not entitle the person making such pre-payment to the licence or permission, as the case may be, but only to a refund of the fee in case of refusal of the licence or permission. (5) Foreign objects or conditions if any shall be specified in the licence or permission. (6) Any licence or permission granted under this Act or any rule, bye-law or regulation made thereunder may at any time be suspended or revoked by the Executive Authority or the Commissioner or the Secretary, as the case may be, if any of its restrictions or conditions is infringed or evaded by the person to whom the licence or permission has been granted, or if the said person has been convicted of an infringement of any of the provisions of this Act or of any rule made thereunder in any matter to which such licence or permission relates: Provided that no such order of suspension or revocation shall be made unless the person holding the licence or permission has been given a reasonable opportunity of showing cause against such suspension or revocation. (7) When any such licence or permission is suspended or revoked or when the period for which it was granted, or within which renewal of it should be applied for, has expired, the person to whom the same was granted shall, for all purposes of this Act or any rule, bye-law or regulation made thereunder, be deemed to be without a licence or permission until the order suspending or revoking the licence or permission is cancelled or until the licence or permission is renewed, as the case may be. (8) Any person aggrieved by an order of the Executive Authority or the Commissioner or the Secretary, as the case may be, refusing, suspending, revoking or modifying any licence or permission under this Act may appeal to the Village Panchayat or Panchayat Union Council or District Panchayat, as the case may be, whose decision shall be final. 221. Government and Market Committees not to obtain licence and permission 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 Markets Act, 1989 (Tamil Nadu Act 27 of 1989) to obtain any licence or permission under this Act in respect of any public market or any other place under the control and management of such Government or Market Committee, as the case may be. 222. Time for complying with notice, order, etc. and power to enforce in default Time for complying with notice, order, etc. and power to enforce in default.- (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 shall be taken, or the thing shall be done. (2) If such notice, requisition or order is not complied with within the time so named- (a) the executive authority or the Commissioner, as the case may be, may cause such work to be executed, or may take any measures or do anything which may in his opinion be necessary for giving due effect to the notice, requisition or order as aforesaid; and (b) all expenses incurred by the executive authority or the Commissioner, as the case may be, in the performance of any act in pursuance of this sub-section may be recovered by the Village Panchayat or Panchayat Union Council, as the case may be, from the person to whom such notice, requisition or order was addressed, in the manner provided under the provisions of this Act. (3) The executive authority or the Commissioner, as the case may be, may take any measure or execute any work himself or through any agency. (4) Notwithstanding anything contained in this section, if any person fails to comply with the notice, requisition or order as aforesaid, he shall be punishable with fine as may be prescribed for such failure. 223. Power of entry and inspection Power of entry and inspection.- (1) The executive authority or the Commissioner, as the case may be, or any person authorised by him in this behalf may enter into or upon any building or land, with or without assistants or workmen, in order to make any inspection or inquiry or to execute any work which is authorised by or under this Act or the rules, bye-laws, regulations or orders made thereunder: Provided that- (a) no such entry shall be made between sunset and sunrise; (b) no dwelling house shall be so entered without the consent of the occupier thereof and without giving the said occupier at least twenty-four hours previous written notice of the intended entry; (c) sufficient notice shall in every instance be given, even when any premises might otherwise be entered without notice, to enable the inmates of any apartment appropriated to women to remove themselves to some part of the premises where their privacy may be preserved; (d) due regard shall always be had, so far as may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious usages of the occupants of the premises entered. 224. Testing of weights and measures Testing of weights and measures. - The Executive Authority of a Village Panchayat or the Commissioner of a Panchayat Union may enter into and inspect any market, building, shop, stall or place used for the sale of goods, or as a slaughter house, and may test the weights and measures found therein and may seize any weight or measure which is found to be un-authorized or incorrect. 225. Power to call for information from Village Administrative Officer Power to call for information from Village Administrative Officer.- (1) The Executive Authority of a Village Panchayat may, by order, require the Village Administrative Officer of any revenue village to furnish him with information on any matter falling within such categories as may be prescribed in respect of such village or any part thereof or any person or property therein. (2) The order shall specify the period within which it may be complied with, and it shall be the duty of the Village Administrative Officer to furnish the information within the said period. 226. Limitation for recovery of dues Limitation for recovery of dues 227. Persons empowered to prosecute Persons empowered to prosecute 228. Composition of offences Composition of offences. – (1) The Executive Authority or the Commissioner of the Panchayat Union Council or the Secretary of the District Panchayat may, subject to such restrictions and control as may be prescribed, compound any offence against this Act or any rule or bye-law made thereunder, which may be specified to be compoundable by the Government by rules. (2) On payment of such amount as the Executive Authority or Commissioner or the Secretary, as the case may be, may specify, the person accused of any such offence shall be discharged, the accused shall not be proceeded against, and no further proceedings shall be taken against him in respect of the same offence. 229. 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 compounded by the Executive Authority or the Commissioner or the Secretary shall be reported by him to the Village Panchayat, the Panchayat Union Council or the District Panchayat, as the case may be, at its next meeting. 230. Sanction of prosecution Sanction of prosecution. - (1) No person shall be tried for any offence made punishable by this Act or any rule, bye-law, order or notification made or issued thereunder except on a complaint in writing made by the Executive Authority, the Commissioner, or the Secretary, or by a person expressly authorised in this behalf by the Village Panchayat, the Panchayat Union Council or the District Panchayat or by the Inspector. (2) No Police officer shall arrest any person without a warrant for any offence under this Act. 231. Notice of action against Village Panchayat, etc Notice of action against Village Panchayat, etc. - (1) No suit or other legal proceeding shall be brought against any Village Panchayat or its President or Executive Authority, any Panchayat Union Council or its Chairman or Commissioner, any District Panchayat or its Chairman or Secretary, or any committee thereof, or any officer or servant of such Panchayat, or against any person acting under the direction of such Panchayat, President, Chairman, Executive Authority, Commissioner or Secretary, for anything done, or purporting to be done, under this Act or any rule, bye-law, order or notification 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 residence of the intended plaintiff, has been left at the office of the Village Panchayat, Panchayat Union Council or the District Panchayat, as the case may be, and if the proceeding is intended to be brought against any such officer, servant or person, also delivered to him or left at his office or place of residence. (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) If any Village Panchayat or other local authority or person to whom notice is given under sub-section (1) shall, before the suit or other proceeding is commenced, tender such amends to the plaintiff as the plaintiff may consider satisfied, 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. 232. Protection of Chairman, President and officers acting in good faith Protection of Chairman, President and officers acting in good faith. - (1) No suit or other legal proceeding shall lie against the Chairman, President, Executive Authority, Commissioner, or an 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 irregularity in procedure in connection therewith. (2) No suit or other legal proceeding shall be brought against any Panchayat, or against the Chairman, President, Executive Authority, Commissioner, or any officer or servant of a Panchayat, or against any person acting under the direction of a Panchayat, Executive Authority or Commissioner, for anything done, or purporting to be done, under this Act, until the expiration of one month next after notice in writing has been, in the case of a Panchayat, delivered or left at the office of the Panchayat and, in the case of the Chairman, President, Executive Authority, Commissioner, officer, servant or person as aforesaid, delivered to him or left at his office or place of abode, 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; and on the plaint must be written that such notice has been so delivered or left. 233. Injunction not to be granted in election proceedings 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 the provisions of this Act for and in connection with the preparation or publication of electoral rolls or the conduct of any election. 234. Liability of the President, Executive Authority and Members, etc. for loss, waste or misapplication of property 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 and the Chairman, Secretary and every member of a 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 respectively, if such loss, waste or misapplication is a direct consequence of his neglect or misconduct while in office. (2) The Inspector may, after giving the person concerned an opportunity to show cause against the proposal, pass an order surcharging him the amount which he considers reasonable for such loss, waste or misapplication and the amount so fixed shall be recovered as if it were an arrear of land revenue. (3) Any person aggrieved by an order of the Inspector under sub-section (2), may, within thirty days of the date of such order, prefer an appeal to the Government and the decision of the Government on such appeal shall be final. 235. Assessment etc. not to be impeached Assessment etc. not to be impeached. — (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 or charged: Provided that the amount of tax or other charge intended to be assessed or charged is forthcoming. (2) No proceedings under this Act shall, merely for defect in form, be deemed to be illegal or invalid. 236. Public roads, Markets, Wells, Tanks, etc. to be open to all Public roads, Markets, Wells, Tanks, etc. to be open to all. — All public roads, markets, wells, tanks and waterways vested in or maintained by a Village Panchayat shall be open to the use of all persons. 237. Powers to farm out fees Powers to farm out fees. — Subject to such restrictions and control as may be prescribed, a Village Panchayat or a Panchayat Union Council may farm out the collection of any fees due to it under this Act or any bye-law made thereunder for any period not exceeding three years at a time on such conditions as it may think fit. 238. Adjudication of disputes between local authorities Adjudication of disputes between local authorities.- If any dispute arises between two or more local authorities (including a Municipal Council or a Municipal Corporation) as to anything done or omitted to be done under this Act or as to any liability or payment arising out of this Act, the dispute shall be referred to the Government, by whom such decision shall be final and shall not be questioned in a court of law. 239. Tamil Nadu State Election Commission 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 Panchayats shall vest in the Tamil Nadu State Election Commission consisting of a Tamil Nadu State Election Commissioner. (2) The Tamil Nadu State Election Commissioner shall be appointed by the Governor. (3) 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. (4) 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). 240. Preparation of Development Plan 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. (2) Every Panchayat Union Council shall prepare every year a development plan for the Panchayat Union and submit it to the District Panchayat. (3) Every Village Panchayat shall prepare every year a development plan for the village and submit it to the Panchayat Union Council. 241. District Planning Committee District Planning Committee.- (1) The Government shall constitute in every district a District Planning Committee to consolidate the plans prepared by the District Panchayats, Panchayat Union Councils, Village Panchayats, Town Panchayats, Municipal Councils and Municipal Corporations in the district and to prepare a draft development plan for the district as a whole. (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, Councilors of the Municipal Corporation, Councilors of the Municipal Council and members of the Town Panchayats and Panchayat Union Councils 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 Secretary of the District Panchayat who shall be the ex-officio Secretary of the Committee. (3) The Chairman of the District Panchayat shall be the Chairperson of the District Planning Committee. (4) The District Planning Committee shall— (a) have regard to— (i) matters of common interest between the District Panchayats, Panchayat Union Councils, Village Panchayats, Town Panchayats, Municipal Councils and Municipal Corporations 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 organizations as the Governor may, by order, specify. (5) The Chairperson of the District Planning Committee shall forward the development plan, as recommended by such Committee, to the Government. 242. Power of Government to make Rules Power of Government to make Rules. – (1) The Government may, by notification, make rules to carry out all or any of the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, the Government may make rules— (a) as to all matters relating to electoral rolls or the conduct of elections; (b) as to the manner of publication of notices and lists; (c) as to the number of members of a Village Panchayat; (d) as to the scale of members of the Panchayat Union Council; (e) as to the conduct of business of the Village Panchayat, Panchayat Union Council and District Panchayat; (f) as to the procedure of the Grama Sabha; (g) as to the functions of the Grama Sabha; (h) as to the qualification of the candidates and the procedure for filing nomination and the security deposit; (i) as to the preparation and sanction of budgets; (j) as to the appointment of auditors; (k) as to the manner of assessment and collection of taxes and fees; (l) as to the form of accounts to be maintained by the Panchayats; (m) as to the power to order closure of places of Public Entertainment; (n) as to the licensing of private markets; (o) as to the fees to be charged for the grant of licences; (p) as to the establishment and management of public markets; (q) as to the powers and duties of the Executive Authority; (r) as to the powers and duties of the Commissioner; as to the duties and functions of the Secretary of the District Panchayat; (t) as to the procedure for filling of casual vacancies. CHAPTER XII Penalties 243. Penalties for breach of Rules Penalties for breach of Rules. – Any person who contravenes any of the provisions of the rules made under this Act shall be punishable with fine which may extend to five hundred rupees, and in case of a continuing breach, with further fine which may extend to fifty rupees for every day during which the breach continues after conviction for the first such breach. 244. Bye-laws and penalties for their breach Bye-laws and penalties for their breach.- (1) Subject to the provisions of this Act and of any other law and to such rules as may be prescribed, a Village Panchayat or Panchayat Union Council or District Panchayat may make bye-laws for carrying out any of the purposes for which it is constituted. (2) A Village Panchayat or Panchayat Union Council or District Panchayat may provide that any person who contravenes any bye-law made under sub-section (1) shall be punishable with fine which may extend to five hundred rupees, and in case of a continuing contravention, with an additional fine which may extend to fifty rupees for every day during which such contravention continues after conviction for the first such contravention. (3) No bye-law made by a Village Panchayat or Panchayat Union Council or District Panchayat under sub-section (1) shall have effect until it has been confirmed by the Government or by an officer authorized by the Government in this behalf. 245. General provisions regarding penalties specified in the schedules General provisions regarding penalties specified in the schedules.- (1) The Government may, by notification, issue the Schedules to this Act and may modify or amend the said Schedules. (2) Whoever— (a) contravenes any of the provisions of this Act specified in the Schedules; or (b) contravenes any rule or order made under any of the provisions so specified; or (c) fails to comply with any direction lawfully given to him, or any requisition lawfully made upon him, under or in pursuance of any of the said provisions, shall be punishable with fine which may extend to the amount mentioned in that behalf in the column of the said Schedules. 246. Penalty for acting as Member, President or Vice President of a Village Panchayat or as Member, Chairman or Vice Chairman of a Panchayat Union Council or District Panchayat when disqualified Penalty for acting as Member, President or Vice President of a Village Panchayat or as Member, Chairman or Vice Chairman of a Panchayat Union Council or District Panchayat when disqualified - Any person who acts as a Member, President or Vice President of a Village Panchayat or as a Member, Chairman or Vice Chairman of a Panchayat Union Council or District Panchayat, knowing that he is not entitled to do so or that he has become disqualified to hold such office, shall be punishable with fine not exceeding five hundred rupees for every day on which he sits or votes or performs such functions. 247. Penalty for acquisition by an officer or servant of interest in contract work Penalty for acquisition by an officer or servant of interest in contract work - If any officer or servant of any Panchayat knowingly acquires, directly or indirectly, by himself or by a partner, employer or employee, any personal share or interest in any contract or employment with, by or on behalf of the Village Panchayat, Panchayat Union Council or District Panchayat, he shall be deemed to have committed an offence under section 168 of the Indian Penal Code (Central Act XLV of 1860). 248. Wrongful restraint of Executive Authority or Commissioner or Secretary or his delegates Wrongful restraint of Executive Authority or Commissioner or Secretary or his delegates.- Any person who prevents the Executive Authority or the Commissioner or the Secretary of the District Panchayat or any person to whom the Executive Authority or the Commissioner or the Secretary of the District Panchayat may lawfully delegate his powers or duties, from exercising or performing any power or duty conferred or imposed on him by or in pursuance of this Act or any rule, bye-law or order made thereunder, shall be punishable with fine which may extend to five hundred rupees. 249. Prohibition against obstruction of Panchayats Prohibition against obstruction of Panchayats.- Any person who obstructs a Panchayat or the President or the Executive Authority or the Chairman or the Commissioner or the Secretary of the District Panchayat or any person employed by it or him or any person with whom the Panchayat has entered into a contract, in the performance of its or his duty or of anything which it or he is empowered or required to do by or under this Act or any rule, bye-law or order made thereunder, shall be punishable with fine which may extend to five hundred rupees. 250. Prohibition against removal of obliteration of notice Prohibition against removal or obliteration of notice. - No person shall, without authority, wilfully or maliciously remove, destroy, deface, obliterate or injure any notice, bill, order, bye-law or document fixed upon any place or otherwise published by, or under the orders of, a Village Panchayat or a Panchayat Union Council or a District Panchayat or of the President or of the Executive Authority or Commissioner or the Secretary. 251. Penalty for not giving information or giving false information Penalty for not giving information or giving false information. - Any person required by this Act or by any notice or other proceedings issued thereunder to furnish any information, who fails to furnish such information or knowingly furnishes false information shall, on conviction, if no other penalty is provided for the omission or act, be punished with fine not exceeding fifty rupees. CHAPTER XIII Miscellaneous 252. Construction of reference to a Panchayat, etc Construction of reference to a Panchayat, etc.- In the application of any enactment other than this Act to any local area, or for any purpose connected with the administration of any local area, any reference to a Panchayat or any other local authority constituted under the Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958) or any other corresponding law previously in force, shall be deemed to be a reference to the Village Panchayat, Panchayat Union Council or District Panchayat constituted under this Act, as the case may be, having jurisdiction over such local area. 253. Special provision relating to newly constituted Panchayats Special provision relating to newly constituted Panchayats.- (1) When a Village Panchayat, a Panchayat Union Council or a District Panchayat is constituted for the first time under this Act, the Government may, by notification, appoint a Special Officer to exercise the powers and perform the functions of such Village Panchayat, Panchayat Union Council or District Panchayat, and its President or Chairman, as the case may be, for a period not exceeding six months, until the day on which the first meeting of the Village Panchayat, Panchayat Union Council or District Panchayat, as the case may be, is held after election to the said Panchayat. (2) Every Special Officer appointed under sub-section (1) shall be deemed to be the Executive Authority of the Village Panchayat, Commissioner of the Panchayat Union Council or 1[Secretary] of the District Panchayat, as the case may be, for the purposes of this Act. 254. Construction of reference to “Local Boards”, Madras Local Boards Act, 1920, etc Construction of reference to “Local Boards”, Madras Local Boards Act, 1920, etc. – Any reference in any enactment in force in the State of Tamil Nadu to the “Local Boards” or to the “Madras Local Boards Act, 1920” or any of the provisions therein contained or to any classification of local boards made thereunder, shall be construed as a reference to the Panchayats or to the Tamil Nadu Panchayats Act, 1994, or to the corresponding provisions of the Tamil Nadu Panchayats Act, 1994, or to the corresponding classification of the Panchayats made under this Act, as the case may be. 255. Repeal and Savings Repeal and Savings. – (1) Subject to the provisions of Section 261, the Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958) (hereinafter referred to as the said Act) is hereby repealed. (2) The repeal of the said Act shall not affect— (a) the previous operation of the said Act or anything duly done or suffered thereunder; or (b) any right, privilege, obligation or liability acquired, accrued or incurred under the said Act; or (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said Act; or (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed. (3) Subject to the provisions of sub-section (2), anything done or any action taken, including any appointment or delegation made, notification, order, instruction or direction issued, rule, regulation, form, bye-law or scheme framed, certificate obtained, permit or licence granted or registration effected under the said Act shall be deemed to have been done or taken under the corresponding provisions of this Act and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under this Act. (4) Any reference to the said Act in any enactment or in any notification, order or other instrument of whatever description, shall be construed as a reference to the corresponding provision of this Act. (5) The mention of particular matters in this section shall not be held to prejudice or affect the general application of Section 8 of the Tamil Nadu General Clauses Act, 1891 (Tamil Nadu Act I of 1891) with regard to the effect of repeal. 256. Power to remove difficulties Power to remove difficulties. - (1) If any difficulty arises as to the first constitution or reconstitution of any Panchayat under this Act or otherwise in giving effect to the provisions of this Act, the Government may, as occasion may require, by notification, publish 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 notification shall be issued after the expiry of five years from the commencement of this Act. (2) Every notification published under sub-section (1) shall, as soon as possible after it is published, 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 notification or decides that the notification should not be issued, the 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 notification. 257. Power, Authority and Responsibilities of Panchayats Power, Authority and Responsibilities of Panchayats. - (1) The Government may, by notification, endow the Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government. (2) The Panchayats shall be responsible for - (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 by the Government including those in relation to the matters listed in Schedule IV. 258. Election Petitions Election Petitions.- (1) No election shall be called in question except by an election petition presented to such authority and in accordance with such rules as may be made in this behalf. (2) An election petition calling in question any election may be presented by any candidate at such election or by any elector in such form and within such time as may be prescribed. (3) Any person, who ceases to be a member by virtue of an order under sub-section (4) of section 37, may file an election petition before the authority prescribed under sub-section (1) and the election petition shall be disposed of in accordance with the rules made in this behalf. 259. Grounds for declaring elections to be void Grounds for declaring elections to be void.- (1) Subject to the provisions of sub-section (2), if the authority prescribed under section 258 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 authority shall declare the election of the returned candidate to be void. (2) If the authority is of opinion 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, but the authority is of opinion that the candidate has been guilty by an agent of any corrupt practice and the candidate has satisfied the authority that- (a) no such corrupt practice was committed at the election by the candidate or such corrupt practice was committed contrary to the orders, and without the consent of the candidate; (b) the candidate took all reasonable means for preventing the commission of corrupt practices at the election; and (c) 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 authority may decide that the election of the returned candidate is not void. 260. Corrupt practices Corrupt practices.– The following shall be deemed to be corrupt practices for the purpose of this Act:— (1) Bribery, that is to say— (a) any gift, offer or promise by a candidate or his agent or by any other person with the consent of a candidate or his election agent of any gratification, to any person whomsoever, with the object, directly or indirectly of inducing— (i) a person to stand or not to stand as, or to withdraw or not to withdraw from being a candidate at an election; or (ii) an elector to vote or refrain from voting at an election, or as a reward to an elector for having voted or refrained from voting; (b) the receipt of, or agreement to receive, any gratification, whether as a motive or a reward— (i) by a person for standing or not standing as, or for withdrawing or not withdrawing from being a candidate; or (ii) by any person whomsoever for himself or any other person for voting or refraining from voting or inducing or attempting to induce any elector to vote or refrain from voting, or any candidate to withdraw or not to withdraw his candidature. Explanation.—For the purposes of this clause, the term "gratification" is not restricted to pecuniary gratifications or gratifications estimable in money and it includes all forms of entertainment and all forms of employment for reward but it does not include the payment of any expenses bona fide incurred at, or for the purpose of, any election and duly entered in the account of election expenses. (2) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person with the consent of a candidate or his election agent, with the free exercise of any electoral right: Provided that— (a) without prejudice to the generality of the provisions of this clause any such person as is referred to therein who— (i) threatens any candidate or any elector, or any person in whom a candidate or an elector is interested, with injury of any kind including social ostracism and ex-communication or expulsion from any caste or community; or (ii) induces or attempts to induce a candidate or an elector to believe that he, or any person in whom he is interested, will become or will be rendered an object of divine displeasure or spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within the meaning of this clause; (b) a declaration of public policy, or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this clause. (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: Provided that no symbol allotted under this Act shall be deemed to be a religious symbol or a national symbol for the purposes of this clause. (4) The promotion of, or attempt to promote, feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language, by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the election of the candidate or for prejudicially affecting the election of any candidate. (5) 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. (6) 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 hiring of a vehicle or vessel by an elector or several electors at their joint cost for the purpose of conveying him or them to and from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power: Provided further that the use of any public transport vehicle or vessel or any tramcar or railway carriage by any elector at his own cost for the purpose of going to or coming from any such polling station or place fixed for the poll 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. (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, a local authority or a corporation owned or controlled by the Government. Explanation.—For the purposes of this clause— (a) a person in the service of the Government shall include gazetted officers, stipendiary judges and magistrates, members of the armed forces of the Union, members of the police forces, excise officers, sales tax officers, motor vehicles inspectors, village administrative officers and such other class of persons in the service of the Government as may be notified by the Government; (b) notwithstanding anything contained in any law, the publication in the Government Gazette of the appointment, resignation, termination of service, dismissal or removal from service of a person in the service of the Government (including a person serving in connection with the affairs of a local authority or corporation referred to in this clause) shall be conclusive proof of such appointment, resignation, termination of service, dismissal or removal from service, as the case may be, and of the date of taking effect of such event. (8) Booth capturing by a candidate or his agent or other person. 261. Transitory provision Transitory provision.— If any difficulty arises in giving effect to the provisions of this Act or of the Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958), the Government may, by order, do anything which appears to them to be necessary for the purpose of removing the difficulty. 262. Rules, Notifications and Orders to be placed before the Legislative Assembly Rules, Notifications and Orders to be placed before the Legislative Assembly.—(1) Every rule made or notification or order 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 Assembly makes any modification in any such rule or notification or order or the Assembly decides that the rule or notification or order should not be made or issued, the rule or notification or 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 rule or notification or order. 1. Substituted for the words "five rupees" by Tamil Nadu Act 29 of 1999. 1. Substituted for the words "Chief Executive Officer" by Tamil Nadu Act 28 of 1998.

THE LIST OF AMENDING ACTS TO THE TAMIL NADU PANCHAYATS ACT, 1994 1 1994 The Tamil Nadu Panchayats(Amendment) Acts,1994 (TamilNadu Acts 51 of 1994) 2. 3. 4. 1995 The Tamil Nadu Panchayats(Amendment) Acts,1995 (TamilNadu Acts 29 of 1995) (The Tamil Nadu Panchayats(Amendment) Acts,1995 (Tamil Nadu Acts 30 of 1995) Tamil Nadu Panchayats(Amendment) Acts,1995 (TamilNadu Acts 45 of 1995 5. 6. 7. 1996 The Tamil Nadu Panchayats(Amendment) Acts,1996 (Tamil Nadu Acts 14 of 1996) (The Tamil Nadu Panchayats(Amendment) Acts,1996 Tamil Nadu Acts 15 of 1996 The Tamil Nadu Panchayats(Amendment) Acts,1996 (Tamil Nadu Acts 21 of 1996 8. 9. 10. 11. 12. 1997 The Tamil Nadu Panchayats(Amendment) Acts,1997 (Tamil Nadu Acts 10 of 1997) (The Tamil Nadu Panchayats(Amendment) Acts,1997 Tamil Nadu Acts 37 of 1997 The Tamil Nadu Panchayats(Amendment) Acts,1997 (Tamil Nadu Acts 54 of 1997 The Tamil Nadu Panchayats(Amendment) Acts,1997 (Tamil Nadu Acts 55 of 1997) (The Tamil Nadu Panchayats(Amendment) Acts,1997 Tamil Nadu Acts 62 of 1997 13. 14. 1998 The Tamil Nadu Panchayats(Amendment) Acts,1998 (Tamil Nadu Acts 4 of 1998) (The Tamil Nadu Panchayats( Second Amendment) Acts,1998 Tamil Nadu Acts 5 of 1998 15. The Tamil Nadu Panchayats( Third Amendment) Acts,1998 (Tamil Nadu Acts 28 of 1998 16. The Tamil Nadu Panchayats( Fourth Amendment) Acts,1998 (Tamil Nadu Acts 29 of 1998) 17. (The Tamil Nadu Panchayats( Fifth Amendment) Acts,1998 Tamil Nadu Acts 53 of 1998 18. The Tamil Nadu Panchayats( Sixth Amendment) Acts,1998 (Tamil Nadu Acts 54 of 1998) 19. (The Tamil Nadu Panchayats( Seventh Amendment) Acts,1998 Tamil Nadu Acts 55 of 1998 20. 1999 The Tamil Nadu Panchayats(Amendment) Acts,1999 (Tamil Nadu Acts 2 of 1999) 21. (The Tamil Nadu Panchayats( Second Amendment) Acts,1998 Tamil Nadu Acts 19 of 1999 22. The Tamil Nadu Panchayats( Third Amendment) Acts,1999 (Tamil Nadu Acts 29 of 1999 23. The Tamil Nadu Panchayats( Fourth Amendment) Acts,1999 (Tamil Nadu Acts 30 of 1999) 24. (The Tamil Nadu Panchayats( Fifth Amendment) Acts,1999 Tamil Nadu Acts 31 of 1999 25. The Tamil Nadu Panchayats( Sixth Amendment) Acts,1999 (Tamil Nadu Acts 32 of 1999) 26. (The Tamil Nadu Panchayats( Seventh Amendment) Acts,1999 Tamil Nadu Acts 44 of 1999 27. (The Tamil Nadu Panchayats( Eighth Amendment) Acts,1999 Tamil Nadu Acts 46 of 1999 28. 2000 The Tamil Nadu Panchayats(Amendment) Acts,2000 (Tamil Nadu Acts 5 of 2000) 29. (The Tamil Nadu Panchayats( Second Amendment) Acts,2000 Tamil Nadu Acts 23 of 2000 30. The Tamil Nadu Panchayats( Third Amendment) Acts,2000 (Tamil Nadu Acts 24 of 2000 31. (The Tamil Nadu Panchayats( Fifth Amendment) Acts,2000 Tamil Nadu Acts 27 of 2000 32. The Tamil Nadu Panchayats( Sixth Amendment) Acts,2000 (Tamil Nadu Acts 30 of 2000) 33. 2001 The Tamil Nadu Panchayats(Fourth Amendment) Acts,2001 (Tamil Nadu Acts 1 of 2001) 34. (The Tamil Nadu Panchayats(Amendment) Acts,2001 Tamil Nadu Acts 18 of 2001 35. The Tamil Nadu Panchayats( Second Amendment) Acts,2001 (Tamil Nadu Acts 19 of 2001 36. 2002 The Tamil Nadu Panchayats(Amendment) Acts,2002 (Tamil Nadu Acts 3 of 2002) 37. The Tamil Nadu Panchayats( Third Amendment) Acts,2002 (Tamil Nadu Acts 8 of 2002 38. (The Tamil Nadu Panchayats( Second Amendment) Acts,2002 Tamil Nadu Acts 28 of 2002 39. (The Tamil Nadu Panchayats( Fourth Amendment) Acts,2002 Tamil Nadu Acts 49 of 2002 40. The Tamil Nadu Panchayats(Fifth Amendment) Acts,2002 (Tamil Nadu Acts 52 of 2002) 41. 2003 The Tamil Nadu Panchayats(Amendment) Acts,2003 (Tamil Nadu Acts 7 of 2003) 42. The Tamil Nadu Panchayats(Second Amendment) Acts,2003 (Tamil Nadu Acts 34 of 2003) 43. (The Tamil Nadu Panchayats(Third Amendment) Acts,2003 Tamil Nadu Acts 36 of 2003) 44. (The Tamil Nadu Panchayats( Fourth Amendment) Acts,2003 Tamil Nadu Acts 42 of 2003) 45. 2004 The Tamil Nadu Panchayats(Amendment) Acts,2004 (Tamil Nadu Acts 21 of 2004) 46. The Tamil Nadu Panchayats(Second Amendment) Acts,2004 (Tamil Nadu Acts 22 of 2004) 47. (The Tamil Nadu Panchayats(Third Amendment) Acts,2004 Tamil Nadu Acts 39 of 2004) 48. (The Tamil Nadu Panchayats( Fourth Amendment) Acts,2004 Tamil Nadu Acts 36 of 2004) 49. 2005 The Tamil Nadu Panchayats(Amendment) Acts,2005 (Tamil Nadu Acts 6 of 2005) 50. The Tamil Nadu Panchayats(Second Amendment) Acts,2005 (Tamil Nadu Acts 15 of 2005) 51. (The Tamil Nadu Panchayats(Third Amendment) Acts,2005 Tamil Nadu Acts 16of 2005) 52. (The Tamil Nadu Panchayats( Fourth Amendment) Acts,2005 Tamil Nadu Acts 19 of 2005) 53. 2006 The Tamil Nadu Panchayats(Amendment) Acts,2006 (Tamil Nadu Acts 9 of 2006) 54. The Tamil Nadu Panchayats(Second Amendment) Acts,2006 (Tamil Nadu Acts 6 of 2006) 55. The Tamil Nadu Panchayats(Third Amendment) Acts,2006 (Tamil Nadu Acts 22 of 2006) 56. The Tamil Nadu Panchayats( Fourth Amendment) Acts,2006 (Tamil Nadu Acts 23 of 2006) 57. The Tamil Nadu Panchayats( Fifth Amendment) Acts,2006 (Tamil Nadu Acts 17of 2006) 58. The Tamil Nadu Panchayats( Sixth Amendment) Acts,2006 (Tamil Nadu Acts 38 of 2006) 59. 2007 The Tamil Nadu Panchayats(Fourth Amendment) Acts,2007 (Tamil Nadu Acts 12 of 2007) 60. The Tamil Nadu Panchayats(Amendment) Acts,2007 (Tamil Nadu Acts 16 of 2007) 61. The Tamil Nadu Panchayats(Second Amendment) Acts,2007 (Tamil Nadu Acts 17 of 2007 62. The Tamil Nadu Panchayats(Third Amendment) Acts,2007 (Tamil Nadu Acts 23 of 2007) 63. The Tamil Nadu Panchayats( Fifth Amendment) Acts,2007 (Tamil Nadu Acts 24of 2007) 64. The Tamil Nadu Panchayats( Sixth Amendment) Acts,2007 (Tamil Nadu Acts 25 of 2007) 65. 2008 The Tamil Nadu Panchayats(Amendment) Acts,2008 (Tamil Nadu Acts 10 of 2008) 66. The Tamil Nadu Panchayats(Second Amendment) Acts,2008 (Tamil Nadu Acts 11 of 2008) 67. The Tamil Nadu Panchayats(Third Amendment) Acts,2008 (Tamil Nadu Acts 40 of 2008) 68. The Tamil Nadu Panchayats(Fourth Amendment) Acts,2008 (Tamil Nadu Acts 34 of 2008) 69. The Tamil Nadu Panchayats( Fifth Amendment) Acts,2008 (Tamil Nadu Acts 41 of 2008) 70. The Tamil Nadu Panchayats( Sixth Amendment) Acts,2008 (Tamil Nadu Acts 42 of 2008) 71. The Tamil Nadu Panchayats(Seventh Amendment) Acts,2008 (Tamil Nadu Acts 39 of 2008) 72. The Tamil Nadu Panchayats( Eight Amendment) Acts,2008 (Tamil Nadu Acts 58 of 2008) 73. The Tamil Nadu Panchayats( Ninth Amendment) Acts,2008 (Tamil Nadu Acts 59 of 2008) 74. 2009 The Tamil Nadu Panchayats(Amendment) Acts,2009 (Tamil Nadu Acts 28 of 2009) 75. The Tamil Nadu Panchayats(Second Amendment) Acts,2009 (Tamil Nadu Acts 14 of 2009) 76. The Tamil Nadu Panchayats(Third Amendment) Acts,2009 (Tamil Nadu Acts 20 of 2009) 77. The Tamil Nadu Panchayats(Fourth Amendment) Acts,2009 (Tamil Nadu Acts 12 of 2009) 78. 2011 The Tamil Nadu Panchayats(Amendment) Acts,2011 (Tamil Nadu Acts 18 of 2011) 79. 2012 The Tamil Nadu Panchayats(Amendment) Acts,2012 (Tamil Nadu Acts 15 of 2012) 80. The Tamil Nadu Panchayats(Second Amendment) Acts,2012 (Tamil Nadu Acts 44 of 2012) 81. The Tamil Nadu Panchayats(Third Amendment) Acts,2012 (Tamil Nadu Acts 45 of 2012) 82. 2014 The Tamil Nadu Panchayats(Amendment) Acts,2014 (Tamil Nadu Acts 22 of 2014) 83. 2017 The Tamil Nadu Panchayats(Amendment) Acts,2017 (Tamil Nadu Acts 3 of 2017) The Tamil Nadu Panchayats(Second Amendment) Acts,2017 (Tamil Nadu Acts 22 of 2017 84. 2018 The Tamil Nadu Panchayats(Amendment) Acts,2018 (Tamil Nadu Acts 3 of 2018) 85. The Tamil Nadu Panchayats(Second Amendment) Acts,2018 (Tamil Nadu Acts 21 of 2018) 86. The Tamil Nadu Panchayats(Third Amendment) Acts,2018 (Tamil Nadu Acts 4 of 2018) 87. 2019 The Tamil Nadu Panchayats(Amendment) Acts,2019 (Tamil Nadu Acts 5 of 2019)