section 9
Constitution of panchayat courts : term of members : election of president : quorum : State Government's power to disestablish panchayat courts
The Tamil Nadu Village Courts Act, 1888Civil188894 sections9 chapters
Chapter II ESTABLISHMENT AND CONSTITUTION OF VILLAGE COURTS
Statutory text
- (1) The [State Government] may, by order notified in the District Gazette, constitute a panchayat court, as hereinafter provided, for any village, group of villages or part of a village ; and thereupon no court of a village munsif appointed under section 7 shall exercise jurisdiction under this Act in any part of such area.
- (2) For every court so established the Collector shall determine the number of members, provided that such number shall not be less than five nor more than twelve.
- (3) Subject to such rules as may be made by the [State Government] the members of the panchayat court shall be appointed by election. (3-A) Notwithstanding anything contained in sub-sections
- (2) and (3), the Collector may in his discretion appoint not more than two members to the panchayat court by nomination from any one or more of the communities which are in a minority in the area for which the court is established (for example, Muslims, Indian Christians and [members of the Scheduled Castes or Scheduled Tribes or Backward Classes]) and which communities are not already represented on the court. Any member or members so appointed shall be in addition to the strength of the court as determined under sub-section (2).
- (4) Subject to such rules as may be made by the [State Government] a member of a panchayat court shall hold office for a term of three years. (5)
- (a) A panchayat court shall elect, according to the rules prescribed in that behalf, one of its members to be its president and another member to be its vice-president.
- (b) The president may, by order in writing, delegate any of his functions to the vice-president: Provided that he shall not delegate any functions which the panchayat court expressly forbids him to delegate.
- (c) If the president is absent from the jurisdiction of the court or is incapacitated, his functions shall devolve on the vice-president.
- (d) When the office of president is vacant, the vice-president shall exercise the functions of the president until a new president assumes office.
- (e) Every sitting of the court shall be presided over by the president, and in his absence, by the vice-president if there is one. If there is no vice-president, or in the absence of both the president and the vice-president, the members present and constituting the court shall elect from among themselves a president for the purposes of that sitting.
- (6) Three members of a panchayat court shall constitute a quorum, and the decision of the majority present shall be the decision of the court :
Study data processing for this section.
PDF: pending for this language.