section VII
List of Village Panchayats (See Section
The Tamil Nadu Panchayats Act, 1994Schedule 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.
Study data processing for this section.
PDF: pending for this language.